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HomeMy WebLinkAbout12-6725S'[evi:N K. f-asi:Ni3i~aw, Es~luuzi-: (75736) Krvity P. D~KIN, E~a~luirti~ (86"127) Jos~a~ii K. RI~JIiNI~, Es~;>u~xi:(59621) STI?RN ~ F.ISINi31~hG, PC' Ti1r_ Pnvu,iurr 261 Oi,i~ YoKK Ro-v~, Surn: 4 E 0 fLiNKINTOWU. PI_:VNSYLVANIA 19046 Tfa.e~H(~Nr:: (21 _`+) 572-81 1 1 FnCSIMILI_: (21 S,~ 572-5025 (CouN$ia. POR PLNN'fII~F) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank National Association, as Trustee, as successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Residential Asset Ayuisition Corporation. Inc. (RAAC j 2007-RP4, by its Attorney-in-fact. Residential Funding Company, LLC. 1661 Worthington Road, Suite l00 West Palm Beach_ FL 33409 v. Corrine N1. Mangan 41 Walnut St Carlisle, PA 17013-3877 Defendant(s) Civil Action Number: ~ p~- ~~~~ ~~ COMPLAIN`T' IN MORTGAGE FOF:ECLOSURI CIVIL ACTION -MORTGAGE FORECLOSURE Zvi ~ 7~P~~ This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or Eby 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 ma}~ be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relies` requested by the plaintiff.. You may lose money or property of other rights important to you. YOU SHOULll TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO 1\~OT' HAVE A LAWY[R_ OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH {~,,, k~ ~ r~5 wag ac~~~ ALLOW "I~O FIND OUP' WHERE YOI_I CAN GET LEGAL I~IELP. TT~IS OFFICE C:~N NROVIDE YOU WITH IN FORMA"hION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD T'O HIRE A LAWYER, "PHIS OFFICE MAY I3E ABLE TO PROVIDIJ YOU WITF[ INFORMATION AI30UT AGENCIF,S THAT MAY OFFER LEGAL ---- SERVICES TO ELIGIBLE PERSONS AT A REDiJCED FEE OR NO FF,E. Cumberland County I3ar Association 32 South Bedford Street Carlisle, PA 170I3 800-990-9108 7I 7-249-3166 S'i'i~:vi~N K.1:isr~Niiiazc, Es~unzF (75736) KIiVW P. D('SKIN, }SQl11RE (86127 7056'k~H K. Ri:i~:Nr, Es~1UiKe(59621) SI~FiKN & EISIiNL3",:1CG, PC T{II' P~Vll.li)N 261 O~.[~ Y~?lzk Rona, Surn:4 X10 11:Nh[NlY)WN. NENNSYLVANIA ':19046 ~)'lil,l?PI IONS: (? 1 _`i~ 572-81 1 1 FnCSrnait_I_: (3151572-5025 (COIiNSk~:L rUR PI nIN'CIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY LI.S. Bank National Association, as Trustee, as successor in interest to Bank of America, National Association, as ~hrustee, successor by merger to LaSalle Bank National Association, as Trustee for Residential A sset Aquisition Corporation, Inc. (RAAC) 2007-RP4, by its Attorney-in-fact, Residential Funding Company, LLC. 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 v. Corrine M. Mangan 41 Walnut St Carlisle, PA 17013-3877 llefcndant(s) Civil Action Number: COMPLAIN"T IN MORTGAGE FORECLOSURE, CIVIL ACTION -MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court vour defenses or objections to the claims set. forth against you. You are waa-ned that if you fail to do so the case may proceed without you and a judgment may be entered against you AVISO Le han demandado a usted en la come. Si usted quiere defenderse de esta demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hate falta asentar una cornparencia escrita o en persona o con un abogado y entr„gar a la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se by the court without further notice for any money claimed iii 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 TH1S PAPER: TO A LAWYER A~[~ ONCE. II~ YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR"1'II BILLOW TO FIND OUT WHERE YOU CAN GEZ~ LEGAL HELP. THIS OFFICE CAN PROVIDI_ YOU WITH INFORMATION ABOUT 1~IRING A LAVITYER. IF YOU CANNOT AFFORD TO IIIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS A T A REDUCED FEE OR NO FEE. defiende, la torte toznara medidas y puede continuer la demanda en contra su~~a sin previo aviso o notification. Ademas, la torte puede deddir a favor del demrandante y requiere que usted cumpla con Codas las provisioner de esta demanda. Ustc:d puede perder dinero o sus propiedades a otros derechos importantes pare usted. Llevn estc~ demanda a un abogado inmediatamente. Si no time abo~ado o~ si no time el dinero suficiente de ~nagar tal servicio, vaya en persona v /lame por telefono a la orcina cuya dire~ecion se encuentra escrita abajo pare averignar donde se puede conseguir asistencr'a IegaL Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referenda e Information Legal) Cumberland County Bar flssociation .,2 South Bedford Street Carlisle, PA 1701.3 800-990-9108 717-249-3166 NOTICE PURSUANT 'TO "1'I-IE FAIR DEBT COLLECT[ON PKAC"TILES A,C'T THIS FIRM IS A DEBT' COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT 'TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THF_, ENCLOS}:D LE'TTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE, AND HAVE NOT REAFFIRMED THE DEBT) THEN 'T'HIS COKRESPONDENCE IS NOT AND SHOULD NOT BE G~NSTRUF,D AS AN A"1°hFMPT 'TO COLI_EC'l~ A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MOR'I'GAGE!LIEN AGAINST REAL PROPERTY. STEVEN K. EISENBI:RG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86 i 27) 70SEPH K. RELENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YoxK ROAD, SUITE 41.0 JENKIN"TOWN, PENNSYLVANIA 1.9046 TELEPHONE: ~Zt`i) 572-8111 FACSIMILE: (215;1 572-5025 (COUNSEL F'OR PLA[NTIFF~ IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank National Association, as Trustee, as successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Residential Asset Aquisition Corporation, Inc. (RAAC) 2007-RP4, by its Attorney-in-fact, Residential Funding Company, LLC. 1661 Worthington Road, `,iuite 100 West Palm Beach, FL 33409 v. Corrine M. Mangan 41 Walnut St Carlisle, PA 17013-3877 Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION -MORTGAGE FORECLOSURE Plaintiff is U.S. Bank National Association, as Trustee, as successor in interest to Bank of America, Naticnal Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Residential Asset Aquisition Corporation, Inc. (RAAC) ~ 007- RP4. by its Attorney-in-fact, Residential Funding Company, LI,C. (hereinafter referred to as '`U. S. Bank National Association, as Trustee, by its attorney in .Fact Residential Funding Company, LLC")with offices located at 1661 Worthington Road, Suite 100 , `v'est Palm Beach, FL 33409. 2. Defendant(s) are Corrine M. Mangan, adult individuals with aLast-known address of 41 Wahnut St, Carlisle, PA 17013-3877. 3. Under date of 06/29/2005, defendants executed and delivered to Option One 1v~lortga;ge Corporation, a California Corporation a mortgage upon the property 41 Walnut street, Carlisle, PA (the "Property")to secure the payment of the sum of $96,400.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 07/06/2005 at Book 1913, Page 3395 and is incorporated herein by reference as though set forth at length herein. A copy of the mortgage is attached hereto and made a part hereof as Exhhibit "A". 4. A copy of legal description of the Property is attached hereto and made a part hereof as Exhibit "B". 5. An assignment. transferring the mortgage originally with Option One Mortgage Corporation, a California Corporation (Originating Lender) to i1.S. Bank National Association.. as Trustee, as successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Residential Asset Aquisition Corporation, Inc. (RAAC) 2007-RP4, was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 6. Said Defendant(s) are the real owners of Property 41 Walnut street, Carlisle,, PA 17013- 3877. 7. In accordance with Pennsylvania law, the required~pre-foreclosure notice (under Act 91/Act 6 as may be applicable), was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "C". 8. The said loan is in default as a result of the failure to pay the monthly installments of $1,034.55 due on February 1, 2012 and on the same day of each month thereafter. 9. The following is due on the loan: I'RINCIPA.L BALANCE ...................................................... $89,553,73 INTEREST accrued thru 10/08/2012 of .............................. $5,484.04 Interest after 10/08/2012 shall accrue at the per diem rate of $19,.67.) LATE CHARGES accrued thru 10/08/2012 of .................... $318.33 bate charges after 10/08/2012 shall accrue at the monthly rate of $35..37.) ESCROW ADVANCES ....................................................... $2,314.92 FEES BILLED ...................................................................... $1,918.59 ATTORNF'sY'S FEE ............................................................. $4,500.00 LESS SUSPENSE (If any) .................................................... ($40.45) 'OTAL .................................................................................. $104,049.16 Attorney fees are allowed in conformity with the mortgage documents and Penns. lvania law, and may be requested as part of any judgment requested and collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, U.S. Bank National Association, as Trustee, by its attorney in Fact Residential Funding Company, LLC' requests this Court to enter judgment, IN REPv1, for foreclosure of the mortgaged property for the sum of $89,553.73 plus interest thereon of $5,484.04 plus $19.67 per day from 10/C-8/2012 untia judgment is paid in full, late charges of $318.33, plus late charges of $35.37 per month from 10/08/2012 until judgment is paid in full,escrow advances of $2,314.92,fees billed of $1,918.~9.attarney's fees of $4,SOO.OOand all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue over the course of the instant matter and to which Plaintiff is entitled to recover. STERN &EISENBERG, PC --~~- BY: ~- -~~"~" ~ .__ _ _ ,; ~~ S~'EVEN K. EISENBERG, ESQUIRE ~~KEVIN P. DISKIN, ESQUIRE ^ JACQUELINE F. McNALLY, ESQUIRE ^ JOSEPH K. REJENT, ESQUIRE ^ LEN M. GARZA, ESQUIRE ^ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff Date: October 8, 2012 ~pnt{act Manager VERIFICATION I, the undersigned, __ _ of, Residential Funding Company, LLC' its Attorney-in-fact for U.S. Bank National Association, as Trustee, as successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Tntstee for Residential Asset Aqulsitlon Co:tporatlon, InC. (RAAC) 2007-RP4 ("Plaintiff'), am authorized to make this verification on behalf of Plaintiff and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Plaintiff's mortgage servicing business conducted on Plaintiff s behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant. or to invite a public servant's reliance upon a written statement or instrument, which 1 do not believe to be true or which I know to be false. /' --7 ..- Date: ! c l:- L % ~ ~~'~'~ -- ---- ~~ s ~ ---~- 'Ca ~ Name: ~j~f1t Title: U.S. Bank National Association, as Trustee, as successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as 'Trustee for Residential Asset Aquisition Corporation, Inc. (kAAC) 2o07-RP4, by its Attorney-in-fact, Residential Funding Company. 1,LC. '~ =~'-~ 1 . ~ ~ _ ~~'~nc~,~ F PREPARED BY: OPTION Old MORTGAGE CORP. P,O. BOX 57076 IRV:ENB, CA 92529-1075 PROPERTY ADDRESS: 41 WALNUT 3TREBT, ('ARLI3LE, FA 17013-3877 Loan Number: 571002233 Servicing Number: 001748919-6 Parcel Nnmber: 04-21-0320-433A ~., - ~ ~ P ~ r .- n . r ?005:~~`L ~ ~,~ ~ s~ RfHEN RECORDED MA[L TO: OPTION OIV$ MORTGAGI3 CORF. F.O. BOX 57496 IRVINE, CA 92619-7'09E~ (790} 790-3640 ATTN: RECORDS MAPiA4SiKEN'T _- 4[S~ce Abore'th~ Live Isar Reaotti~ Dr4.]__ MORTGAGE -~- -- THIS MORTGAGE {"Security Instnment^) is gives on June 23, coos .The mortgagor is eolzA:lrrt; M MrircAx {"Borrower"}, 'I'bis Security Instrument is .given to Option One Mortgage Corporation, a Cala:arnia Corporation which is organized and existing under the laws of CALIFORNIA .and whose address is 3 Ada, Ixvine, CA 92628 Borrower owes Lerfdcr the principal sum of t"I-ta3der"). NINrrY sIX TxausANa Foz1R xurlDtisD - _ - AND NO/I40TH~s Dollars (U.S. $96,440.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument {"Nate"}, which provides For monthly payments, with the foil debt, if not paid earlier, due and payabic on Su2y 01, 2035 This Security Instrument secures to Lender: (a) the rEpayment of the debt evidenced by the Note, with interest, and alE renewals, extensions and modifications of the Note; (b) the payment of all other Bruns, wish interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (e} the performance of Borrower's covenants and agreements wader this Security Itlstruwent and the Note. For this purpose, Borrower does fzereby mortgage. grant and convey to Lender the following described property iocatai in Cwnbexland County, Pennsylvania: 3HE LEGAL DESCRl:PTION ATTACHED Iit?RBTO AiVB MARS A FART THSRfiOF. P6[VNSYI.VAP7IA - Singis F.vnily Page I of l0 P.0.D104t 1.wp (03-24-CtS) EXHIBR 8~ 1 9 ~ 3~G~~39~ _ ~ Load Number: 571002233 Servicing Number: OQ174897.9-6 which has the address of 41 WAI.27U[' STRBS`t', GARLISLx Pennsylvania 17413-3877 ("Property address^), (Zip Code) Date: af~i29/o5 (street„ Cityl TOGETHER WITH all the improvements now or hereafter etixted an the property, and all easements, appurtenances, and futures now or hereafter a pars of the property. Alt teplacemerats and additions shall also be covered by this Security instrument. All of the foregoing is referred to in this Security Instrument as the ^~I~r.ty " BORItQWER COVENANTS that Borrower is lawftttly seised of the estate ,hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. COVENANTS- Borrower and Lender covenant and agree as follows: t. P~tymwt of aorl htte:rat; F~aryrmtent and Lett . Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and. any prepayment .and late cttatges dur, under the: Note. 2_ Fonda for Taxes and. Inaouanoe. Stttrject to applicable law ar to a written waiver by bender, Borrower shall pay to Lender on the day monthly payments are due under the Note, anti[ the Nate is paid in full, a sum t "Funds "} for: {a} ytariy taxes and assesstnettts which may attain priority over this Security Instntmant ~ a lien on the Property; (b} yearly 3easchold payments ar ground rents on the Property, if nay; (c) Yearly hazard or property insurance premiums; {d) yearly flood insutaatee premiums, if any; {e) Yearly mortgage insurance premituns, if any; and {f) any sums payable by Borrower to header, in accardartce with the provisions of paragraph 8, in lieu of ttte payment of mortgage insurance premiums. These items are called 'Escrow Items" bender may, at any time, wllect and bald Funds in an atnouni not to exceed the ttraxirnum amoauat a lender far a tederally related mortgage loan may require for Borrower's escrow account under the federal heal Estate Settlement Procedur>'s Act of 1974 as amended from time to tune, l2 i)_S.C_ Section 26Qt et seq. ("RESPA"), unless another law that applies to the Funds sets a (esser amount. If so,.I::ender utay; at any time, collect aiid-hold Funds iB an amount: not to exceed the lesser amount. [.ender may. estimate-the amount of Funds due on tine basis of current data and reasonable estimates of expenditures of fitture ;Escrow Items or atlterwise in accordance with applicable law. The Funds shall be held irr an institution whose deposits are insured by a federa! agency, instt~rmentality, ar entity (including Lender, if Lender is such an iarstitution}or in any Federal Home Loan Bank. Lender shalt apply the Funds to pay ihe-Escrow Items. Lender may not citazge Harrower for holding attd applying tfte Funds, annually analyzing the escrow account. aL•trerifying the_Fscrow Items, unless Lender pays Borrowez interest on the funds and applicable law-permits Lender, to make such a charge. however, Lender may requite Burrower to pay a one-time chargc,fgr, an indepenrknt, real estate tax reporting service used by tender in eannecrioa with this loan, unless applicable.lavr provides otherwise. Unless an agreement is made or applicable law requires interest to he paid, Lender shall nat,be required.to pay 13or>inwer_any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to 8orrawer, without charge, an annual tacoounting of the Funds, showing crtedits and debits to the Funds and the purpose far which each debit to the Funds was anode. The Funds are pledged as additional security for alt sums :secured by this Security Instrument. Pske 2 of ! {+ PADIflQ12_wp (03-2S-0S; __ ~ ~ ~ ~~~.5~~~ Loan. Number: 571oD2233 Servicing Number: 002.748419-6 Date: I:i6Jz9jOs if the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower, for thq_ excess Fum9s in acoordatlce with the regttinements of applicable taw. if the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,' and, in such ease Borrower shall pay to Linder the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in-fttlt of alt sums secured by this Serauity Instrtutrent, Lender shall promptly refund t:o Borrower any Funds held by Lendei. If, under paragraph 21, Lender shall acquire or sell the 1?mpecry, Lender, prior to the acquisition or sate of the Property, shall apply any Funds held by I.,ender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. ApplicstiQn of Paymestta. lJuless applicable law provides otherwise, ail payments received by bender under paragraphs S and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph Z; third, to interest due; fourth, to principal due; and last, to any late charges due under the Nate. 4. tom; Liens. Borrower shall pay ail razes, A~*~++ts, charges, fines and impositions attributable to the Property which rtray attain priority over this Security Instrument, and leasehold payments or ground rents, if atty. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender at1 rEOtices of amounts to be paid under dais paragraph. If Borrower makes these payments directly, Borrower shalt promptly fUmish to Lender receipts evidencing the paymeots. Borrower shalt promptly discharge any lien .which has priority over this Security Instrument unless Borrower: (a) agt~s in writing to the, payment of thr<_.obitgatiou secured by the'lien in a manner acceptable to Lender, (b) cantests_in.good faith the-lien by; ordefenids agains[ en7oreement of the lien in; legal prrocecdings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lieu an agreement satisfactory to Lender subordinating the lien to this Security lnsttument. If Lender dctermirtcs that any pact of the Property is subject to a lien which may attain priority over this Security Instrutnen[, Lender may give; Borrower a notice identifying the lien. Borrower stroll satisfy the lies or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Propczty Irsauraoce. Borrower shall keep the improvements now existing or hereafter erxted. on the Property insured against Ions by fire, hazat~ds included within the term "ezteaded coverage" and army other hazards, including floods or Hooding, for which Lender requires insurance. This insurance shalt be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. if Borrower fails to maintain coverage described above;: Lender "tray; at-`Cenilar ~vption`obfalrr`i°ovetage` tb'protect Lender's rights in the Property in accordattce with paragraph 7, Ail insurance-policies and-renewals-steal! be acceptable-to i,cnderand shat! mclade a-standard tuortgage - _ clause- Lender steal! have the right to bold the polrcres and renewals if Lender t+equtros, Borrower shall promptly give to Lender all receipts of paid premiums and renews[ norices. In the event of loss, Borrower shall give prompt active to the insurance carrier and_Lender. Lender may, make proof of loss if not rnadc promptly by Borrower. Unless Lander slid 13oirower oihtiivise ague u} writing, or applicable Law otherwise requires, insurance --- ~- - ; proc,~eds shall be applied first to reimburse Lender for coats and expenses incurred iii connection with obtaining any such insurance proceeds and then, at Leuder's,option,.~ such gNer and proportion at-I_endcr-may determine in-=---- its sole and absolute discretion, and xegardtess of any impairment of security or lack thereof: (i} to the sums secured by this Security lnstrumenti whether or opt then clue.: _itt1Q tO..St1Gh components, themof 3s. Lender, tray.. determine in :. its sole and absolute discretion; andtar (ill to 8orro~!er to pap. the casts and expenses .of .necessary repairs or Page 3' of t0 PAD[OOt3.wp x;03-2d-QS) i ~~U~~~~ Loan I~tumber: 577.Q02233 Servicing Number: 441748919-t> Date: A~6I24I45 restoration of the Property to a condition satisfactory to Lender. If Harrower abandons ike Property, or does not answer within 34 days a notice from Lender that the ipsetrance_ cattier-.)aas of.fei~d:3o:sett3e' a.cf~:`[etider may,- - - -- - ___ collect the insurance proceeds. Leader may, in its sole and absolute discretion, and tegartfless of any impairment of security or Lack -thei-evf,-use tfit proeo~cls . to repair or ceston .the. Property or to pay the sums secured by this Securry Instnunent, whether or not then due. The 30-day period will begin when dre notice is given. Unless Lettder and Borrower otherwise agree in writing. ~Y application of proceeds to principal- shall not. -- - extend or postpone_ the dne. date of tke-tnontltly gayflteuts::referred t©-iir paragraphs=l'~d 2 =ar ciiang~ the autqunc - - - -- - of the payments. If under paragraph 21 the`Property isacgrfii~d by I:endet, Borrower s` n_ght to any msurancc policies and proceeds: resulting frotn:da[Wage-to°tbe Fro~rty~pribr-ta the'aciittisitiott"~hali'pass-to-I;ender tc~ the extent of the stuns secured by this Security Instrument immediately prior to the acquisition. If borrower obtains eardrgnate insurance, any other hazard insurance, or any other insurance on the Property and such insurance is not specifically required by Lender, then snot iasurancc shall (i) riamc Lender as loss payee thereunder, and (ii) be subjetx to the provisions of this paragraph 5. 6_ ~ncy, Fixsavatiatr, Mainbmantx sad Proberxiaa of the Property; H[xmwer"s Loan Appticatbon; Lesseholdts. Homower aekaowledges that the l.ender does not desire to make a loan to Borrower secured by this - _ property an the terms contained in the Note unless the property is to be occupied by Borrower as t3ocrower's primarylsecondary residence. Lender makes non-owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this property as Borrower's primary/secondary residence and that $orrower will so occupy this property as ifs soEe primary{secondazy residence within sixty {6Q) days after the elate of the Security Instrument_ If Borrower breaches this promise to occupy the property as Borrower's primary/secondary residence, then Leutder may invoke any of the fallowing remedies, _in°additlon to the-remedies -' -- - - - provided in the Security Listnrntent,-(1)Declare-all sums secured 6y the Secunt)r'Instfoment dtie 8nd_pay_able-and= _ - _ _ foreclose the Security Instrument,_(2) t)ecrease..t(te term nflhedoan-a;td~i,}eat-thc~oeti5l~~aym~i~e~er the ~Toie - - - accordingty, increase .1re interest rate and adjust the monthl}r payments under the-Note accordingly, or (3) require that the priircigal balance be reduced to a percentage of either ibe original purchase price ar the appraised valae then being offered on non-owner occupied loans. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the troperty. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, _. is begun that in Lender's good fault jtidgme:nt could result in forfeiture of rite Property or otherwise materially impair the lien created by this Security Instnrment or Lender's security interest. Borrower may cure such a default and reinstate, as provided. in paragraph .18, by causing the action or proceeding to be dismissed with a toting that,- - - - in Lender's and faith determination _ . _ ._ _ g , precludes_ forfeiture of the Borrower`s interest in the property or other material impairment of.tht lien created by this Security Instnrmentor Lender`s security=ifitcrest. Borrowcrshall also - .-_.._. _ .. . tie in default if Borrower, during-the loan application-procxss; gave-materialty-false or inaccnrato information or statements to Lender {or failed to provide Lender with any material information) in connection with_the loan - .. ___.. evidenced by the Note, including,. but not limited to representations roncctning Bormwtr's occupancy 'of the " - . Property as a princilsat residence:'Tf this Sea;urity'Instrirrrienf is on a Leasehold, Borrower shalt comply with all the provisions of the tease, if Borrower acquires fee title to the Property, the leasehold and the fee title shall Writ merge tutless Lender agrees to the merger in writing. Borrower shall, at Borrower's own expense, appear in and defend any action or. proceeding purporting to affect the Property ar any portion themof or Borrower's title thereto, the validity or priority of the lien created try this Security Instrument, or the rights or powers of Lender with respect to this Security Ins-tiument or the Property. _ . _ ._, ... _ ,._ . All causes of actron of Borrower, whether accrued before-or-after "tile date of t>tis Security Instrument,-far-damage. - - or injury to the Property or any parE thcrcot:; or in connection with any transaction fuiaaceit ire-whole or in-part by the proceeds of the Noce or~any other Hate .secured by this Security Instrument, by Lender, or in eannet:tion wish or affecting the Property or any part thereof, including causes of action arising in tart ar contract and causes of F'3ge 4 of l!) PAL?f0(rt4.wp(C~3-Zd-OS} BK ~ g # 3PG3398 Loan number: 57IQt?2233 Servicing Ntunber: 00:1748914-6 I?ate: Oh/29/45 action for fraud ar conccalmcnt of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof slta!! be paid direcEly. to Lender .who, after deducting therefrom all its expenses, including reasonable _ attorneys' fees, may apFty such procceds to the sutras securtd by this Security Instrument or to any defsciency under this Security instiutnent or may release :tray monies sa roaceived by it or any part thereof, as Lender may elect. Leader may, at its option, appear itr and prosecute in its awn name any action or proceeding to enforce any such cause of action and tray make any compromise or settlement thereof. Borrower agrees to execute such further assignments and any other instruments as from time to time easy be necessary to effectuate the foregoing provisions and as Lender shall request. - - -- - . . 7. PtotecUioa~Latde;'~cRtg{shtintlarAopesty..IfBorrowerfatlyto rfotutihe~ovsnantaattx! t~men-ts- =-==_- contained in this Security Ins[ntrnent; or there is a legal praxeding that may significantly affect Lender's tights in the Property (such as a proceeding in bankruptcy, prahate, for condemnation or forfeiture or to enforce laws of regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender`s rights in the Property. Letder's actions may include paying any sums secured by a lien which has priariry aver this Security Instrument, appeatirtg in court, paying reasonable attorneys' foes and entering on the Property to make repairs. A.Ithaugh Lender may take acrion under tftis paragrapb_7, Lender does not.have hi do sc-. Any amounts disbursed by Lender under this paragraph 7 shall became additional debt of Borrower secured _ _- -- --. _ . -. by this Security Instnrment. Unless Harrower atul Lender agree to other-leans of payment. these amaunis strait _begr. _-- _ - _ _ interest from the date of disbursement at the Note rate in effect from time to iimte and shall be payable, with interest, upon nonce from Lender to Bortvwer mquesting payment. 8_ 113oxtgage Insaranoc. If Lender raquered mortgage insurance as a couditioan of.making-the-loam serrated- -_._ -. - -.--_-- by this Security Iastritiitent; harrower shall pay the preminms required to maintain the mortgage insurance in effect. lf, far any reason, the mortgage insttranee coverage required by Lender lapses or ceases to be in stfect, Borrower - shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously -- -- ---- in effect, at a casrsubstanirally eQuiv_a7enc to thc_cost to Borrower of the-mortgage-insurance previauslyin effect, from an al[etvate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a yarn equal to one-rivelfth of the yearly mortgage '. ' `-` - _ insuraiice premium being paid by Borrower when the insuraiicc coverage lapsed or ceased. to be in effect. Lender will accept, use and.retain.-these - --- -- -payments as a loss reserve m 6eu of tnottgaga tasvrance.Lass reservepaymettt~ _:_ - ~-_ may no Longer be rtgtlired; ac-the option of [x~ei~ if-tteortgage insurance coverage {m-rhe atnount_anr# for`che - =. period that Lender requires) provided by an insurer. apptxtved by .Lender again becomes available and. is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to grnvide a toss reserve, until the requirement for mortgage insurance ends in accordance with any written. agttement between Borrower and lender or applicable law. _ _ _ - --- _- -- - ----- 9. Laspec4on. Lender or its agent tnay make reasonable entries upon and inspections of the Prapeny_ Lender shall give Borrower natice.at the time of or prior to an inspection specifying reasottabte cause far file mspec Ion. - - - tt). Condeconation.'1'hepeoceeds of any award Qr claim for damages, ttirect pfcQnsequentiai, in connection with any condemnation or-other taking of any part of the i'mpeify, or for conveyance io tieti isf comdemuation, aze _ hereby assigned and snail be paid to Lender, Lender inay apply,-use or release the condemnation procxeds in the same manner as provided in paragraph S hereof with respect to instuance prnoeed.4. - _ if the Property is abandoned lzy Harrower, or~if, after notice by Lender to Hotrower that the condemnor offers to matte an award or settle a claim far dautages; Borrower fails to respond to Lender within 30 days aRer the date the notice is given,. Lender is.xttt}io~ed to collect and apply the proceeds, at its option, either to restoration or air of the , rep Ptoperty-or tq She SUms.secured by this Secunty Instrument, whether or not then-due. Ui>Iess Lender and.134X,F~v!er o~ervrise agree in writing, any application of proceeds to principal shall not extend or postpone.the due;dafe~ of tbe.iiiauthly payments referrtd to in paragraphs 1 and 2 or change the amount of such payments. _ . Page S ~F 2~1 PADl0615.wQ(Q3-24-05? F]lt ~ 7 ~ ~ F" ~ ~ ~.J ~ J L0.3n Number: 571002233 Servicing Number: 4t}1748919-6 Date: tt6/29/t15 1 I. Hormw+ar rlaR Itdateed; Forbe>saraooe By E.~,drr Not a Waiver. Irxtensian of the time for payment or modification of amortization of the stuns secured by this Security instntment granted by Lender to any successor in interest of Borrower shall not operate _to re{ease the, liability of the original Borrower or Borrower's successors - in interest. Lender s6a11 not be rrquired to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the stuns secured by this Security Instrument by reason of any demand made by the anginal Harrower or Borrower's successors itt interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. !2_ Streceasora and Aaeigffi Hotrod; Ioiut and Several Liabilnty; Ca-aigoara. The covenants and agreements of this Security instrument shall bind_and: bcnefit_the successors and assigns of Lcuder and Borrower; subject to the provisions of paragraph l7. Bormwt;r`s covenants and agreements shall be joint aril several. Arty Borrower who ca-signs this Security Instnumeat but does not execute the Mote: {a) is co-signing this Searrity Instrument only to mortgage, grant and convey that Borrower's interest in the Propert} under the terms of this Security Instrument; {b} is not personally obligated to pay the sums secured by this Security Lnstrument; and {c} agrees that l.endar and any other Borrower tray agree to extend, modety, forbear or melee any accontmodatians with regard to abe terms of this Security Insirutnent or the Nota ;withot-t that-Homawer's consent.- 13. l.t>,n :-if.the -loan sectu~ed by this Security Instrument is subject to a law which sets maximtun Loan charges, and that law is finally interprtited so that the interest or other loan charges co{tested or to be collected in connection with the roan exceed the permitted limits, then- (a) any suclt_loan charge -shat; be reduced hy. Elre __ _~_--- - _-_-- .. amount necessary to-reduce ihe-etiarge~o tlic-per`niit~ed Iimii aiia (b) any sums already collected f,~om Horrower which exceeded pcrnutted limits wit! be refunded to Borrower. Lender may choose to make this refund by rectncing the priacipat owed under the Note err by making a direct payment to Borrower. If a refund_es,pzinCipal,-the.teduction will be treated as a partial prepayment without any prepayment charge under the Note: _ . t4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by maifirtg it by first class mail unless applicable !aw requires use of another method. The. notice-shalt be - - - - directed to the Property t#ddt~ess or atiy other address Hormwer designates by notice to Lender. Any notice to fender shat{ be given by first class mail to Lender's address stated herein err nay other address Lender designates by notice to Borrower: Any notice provided for in this Security instrument shat{ be deemed to have been given to i3otrawer or Lender when given as provided in this paragraph. {5. Covatning Law; Severa6r3ity. This Security instrument shall be governed by federal law and the taw of the jurisdiction in which the Property is _tocated. In the event that any provision or clause of this Security _ Instttement or the Note conflicts with applicable law, such contiiet shall not affect other provisions of this Socurity {nsttutneat or the Nq#e. whieh.can be_givpi effect without the conflicting provisian.-To t{tis end the provisions of this Security Iastrutttent acrd-tlte Note. are deciatnd.to be severable. lb. I3ormwea's-~IsY= 'Hartowe shall be-given one conformed copy of the ;Vote and of this :security Instrument... _ i7. Tr~sirr of the Proptaty ar a I~eneBaial Intet+est in Harrower. If ail or arty part of the Property ar any interest in it is sold or transferred {or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) withouE Lender's prior written consent, Leader may, at its oprion, require immediate payment in foil of all sums secuttd.by.-ibis Secarity-Instrament~-However; this~option~shall"not he exercised by tender if exercise is prohibited by fedeni !aw as of the date of:this=SeCtiCity-Instrument; - -- lf tender exercises this ophon, Lender shat{ glue. Borrower notice of acceleration. 1'he notice shall provide a period of eat less tliati 30-days from-tE-e date the notice is delivered err mailed within whic)i Borrower must pay all sums secured by this Se~uriry_-Instntment. if Botroaer. fails t4 pay these sums prior to the exptration of this period, Lender may- invoke any_remedies_petmitted by Ibis Security-Instrument witltourfurther notice or demand - c~n. Harrower. - Loan Number: 571i3p2233° -- --~ "ServiCittg Number: t}t?17~8419-6 Dare: ~6/29/D5 18. Horiower'a night to Iteinatatc. If Borrower meets certain i;onditlons~ Borrower shall have flee right io have enforcement of this.Suctirity_htstrurnent.discontitrucd at any time prior to the earlier of_ {a} 5 days {or such other period as applicabie-lat~ trap-speeifir for reinstatement) before sale of the Property putsuaat to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Botmwer: (a} pays Lender all sums which then would be due under this Seatrity Instalment and the Nate as if no acceleration had occurred;. (b}.cutrs any default of any other covenants or agreements; {e) pays all expenses incurred in enforcing this Seettrity Instrument; iucliiiiing, but not limtted to, reasonable attorneys' fees; and {d) takes such action as Ixnder may reasonably require to assure that the lien of this Security Instrument, Levder's tights is the t'ropcrty and Sorrawer's obligation to pay the sums secured by this Security ]nstntm,ent shall continue unchange<IrUpoa-tGiasiatemtnt-hlr-Botrower;~ this Security Instrument and the obligations secured hereby shall :-ennain fully effective as if na acceleration. had 6ccurred. -However, this tight to reinstate shall not apply in .. _. _ the case of acceleration_underparagiaph:i7._..,--- i9, Sak of Nt>te; Clustgc of Lam Stavicer. The Note or a partial interest in the Note (together with this Security tnstriunent) trlay be sold owe or metre tithes without prior notice tQ Borrower. A sale may result in a change iu the entity (knows=as.the='Ivoan -8ervicer')~that colteot~>jitointlily payments due under the Note and this Serurit}r Instrument. There also tray be dne or atone changes of.the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Sett~icer, .Borrower wilt be given written notice of the change in accordancE with paragraph I4 above and applicable taw, -The aotitx will state tfie ntiine~aiid address of the new Loan Servirxr and the address to which payments should be nrade,.The noria will also contain any other information required by applicable law. The holder of the Plote and. tl-is Security ]nstroment shall be dernted to be the Lender hereunder. 2(?_ Haxanioea SLb. Borrower sha17 not cause or pemut the ptr~sencc, use, disposal, storage, or release- of any Hazardous Substances on or in the Pmpcrty. Borrower shall not da, nor allow anyone else to da, anything affecting the Property that,is itt violation of any Environmental Law. The preceding two sentences shall not apply to the presence; use;. ar ~sttit'agu on itte -Propectp of small quantiites of Hazardous Substances that are generally recognized to be appropriate is izortnal residential uses and to_ maintenance of the Property. Borrower shalt "proit5}itty give I:ender written-notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the property and any Hazardous Substance or Envimatnental Law of which Borrower has actual knowledge, If Borrower learns, or is notified by any goventmental or regulatory authority, that any removal or other temediation of any Hazardous Substance affecting the Property is ttecessaty, Borrower shall promptly take all necessary remedial actions in accordant:c with Environmental Law:.. _ - - _ _. _ _ . - . - - -. . _- - - Borrower shall be solely responsible for, shalt indemnify, defend and bald harmless Leader, its dieectors, officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and alt claims, demands, causes of action, loss, damage, cost (including actual anomeys' fees and court costs and casts of any required or necessary repair, cleanup or detoxification of the Property and the preparation and iinitlementadan of any ciasttre, abatement, containment, remedial or other (roquited plan), expenses and Liability directly or indirectly arising out.of or attributable to (a) the use;-generation, storage, release, threatened release, dischazge, disposal, abatement ar presence of.Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any Hazardous Substances, (e}_ the. violation of any Hazardous Substances law, and (d} any Hazardous Substances s:laimte. - :~s used in this paragraph 2f?, "Hazardous S~tbstancts° are those substances defined as tazic or hazardous substances by Envimnntental Law 2nd the fallowing substances: gasoline, kerosene, other flammable or tonic pett~oleum products, toxic pesticides and herbicides, voiati]e solvents, materials cantaizting asbestos or formaldehyde, and radioactive matczials.._Rs.used.in this paragcaplt 20, "Environmental-Law"-means fedet=ai laws wad taws of the..- _ jurisdiction where the Property is toca~d that elate N health; safety or envit~twtttt-tat'prn~ection: ADDITtQNAL COVEI`TANTS. Borrower and Lender"fuitlicr covenant and agree as follows: 21. Actxiddtion; Reme~. If. a~ ioatutlmart under the Note or. notes freeload htteby is not paid when due, or if Borrower should bee is default tinder ae~ pmviaion of this S«atrity i~oent, or if Borrower is set default etnder witty other mortgage or other insitn~rt tatatrad by ttte Ptctpetty, all atntns aecxliod by tins Seatrity In~tmt~t and acQeed ittteerat tbereou shall at onoC boeome drie and payable at the option of Lextdet vPithotrt prior ttt>tice, except at othea~viat r0[lflilLd by applicable taw, and n;gatdleas of Page 7 of 1f1 PAD10017,;~-p(03-lS-0S'~ tt ~ 7 1 ~3 ~U ~ ~f ~ ~ _ _. ___ -- - - ~ _ I.aa~t Number: S?20A2233 _- .Servicing l~Iutnber..-oo1.748~i9-6 : -' Date: `66/2"%05 . ~y 1~ . to stirh tvmt, [.ender, ~ fts option, aiod aabjoct to appliicable lsw, may then cx invotvi t!>c posvtr of ante and/or nay other trmedies or:tatG .my other: a~i wilt called all e><perases incatt+ed in pia atimg t~ reniedrts deac~re~bod is ihia Pmrgraph 2 t, mcl~~~ lacer. L.tnder to, teaaoaabk attorarya' fan and +ooata of title cvidc~c_ ~S. btu aotlimited -- 22. ltcleat+e. Upon payment of all sums sxuFed by this Security lnsttutnent, Lender shalt release this property without warranty to the person or persons.legaliy tntitted to tt__S~tch-,peisonaps.sutts-sliati pay any: __. ; ._ _ - . recordation casts. Linder.may charge stta:ei person arpersons a-fee far reteasiag the property for services rendered if tbt: charging of the fee is permitted under applicable law. 23.4Yaivets: Harrower, to the e~tt;'afpemuttedb}! applicable-law; _waives aQd.reieases any ermr or delbcts -- --- in proceedings to enforce this Security Instrttnteni, and hereby waives-the benefit of ally pieseht ar ftirtire laws _. providing for stay of executions eziensian_ of time, exemption firour attacliateht, lavy and sa{e, and hoenistead exemption. -- -. 24. Reimtatetnmt !?period. Horrawer s time to reinstate provided lit pat~raQh 18 shat[ extend to one hour prior to the commencement of bidding at a sheriffs sail;: -oiC other=sale putxuant to this 'Security Instrument... _ : . Z5. Pntr~ase Money Mortgage. tf any of the debt stcetred by this Secttrity.lnstrument is lent to Borrower to acquire title to the Property, this Security [QStFiiment shalt be a purchase tttoaey mortgage: _ _ _ . __ 2b. Interest Rate After Judgdaot. Borrower agrees that the interest rate payable after a judgment is entered an the Mote or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Misreprescotationaad Naaare_ Borrower has made certain written representations and diu:tosures in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, and in the event that Holmwer has trade any material misreptr:sentation or failed to disclose any material fact, Lender, at its eption and without pnor;ngcice or demand,_shalt have the right to declare the indebtedness .secured by this Security Instrument, Irrespective. of the matutity.date speciCted in the Note of rates secured by this security tnstnnrtent, tmmedralely due and payablc_ 28. TStrre is of the Iilseeaoe. fii'me is of the essence, in,the Rerformance of each provision of this Security . ._. l nstnuneni. _.. _ 29. Waver o€ of L.imimEiona. The pleading of the statute of Iintitatioas as a defense to enforceatetu _. _ _. . -- of this Secunty Instrtttnent; or anyand atl~obligations jeferred to Herein or secured hereby, is hereby waived to the fiepest extent permitter[ by applicable law. 3t). Modi>bu~rioa. 7itis Security Instrument may be modified or amended only by an agreement ire writing signed by Borrower and Lender. 3t. l2eimnbtltse~meai. Ta rite extent permitted by applicable law, Harrower shalt reimburse Trustee and Lender for any and alt costs, fees and expenses which either may incur, expend or sustain is the ezecirtion of the gust created hereunder or is the petformarrce of any act required or permitted hereunder or by law or in equity or otherwise arising out of or in connection wiift this Security tnstnlment, the Note, any other note secured by this Security Inststttneni ar any other-instalment executed- by Bormwer_ in .connection with the Note or Security lnstrltmeat. To the extent permitted by applicable law, Harrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan dacltrrsents, verifications, full or partial lien. releases and otber documents requested by b6tiourer or"necessary for performance - af Lender's rights ar duties under-this Security instrument; fees:arising from a returned or dishonored check; fees to dctennine whether the tatoperty is occupied, protected, rnaitttained or.instlt~ed or zelated pnrgoses;_apPraisal fees, - -- inspectioafees, tegat fees; tNOker fees, insurance mid-term substitutions, repair expenses, foreclosure fees and costs arising i--rota foreclosure of the Property and protection of the security for this Security Instrument; and alt <?ther Page 8 of 10 PA a t0(}28, wp (03;d4-L1cl D~ ~ ~ t ~I~UJ~~G Loan Number: 571.at12233 Servicing Number: poi?48x19-6 Datc: x6/29/05 fees and costs of a similar aatitre. not othctwise prohibited by law. Permitted by applicable law, Borrower shat] pay to Lender their fees in connection with Lender providing documents or services arising out of err in connet~tian with this Security Instrument, the Note, any outer note secut~ed by this Security 1_nstntmen;_or an_ynihet.instrument. .__ .- ---- - executed by Bormwer in connection with ilte Mote err Security Instrument. ... ,._,. _ _.__.._._~_ .._.._._ _ _,'_.- _:,_~-___' ~_~ ..___ _ _. _ -._. 32. Cleriatl Fitor: In the event ]..ender at arty time discovers iltat the Note; any~ot~er note secured-lay_I;tttis ._ . __ __ .-.. _ _ Security lnsttvment, the Security Instrument, or any outer document or instnuneai executed iti connectionz with.-~~~~~ , . ~ - - Security Instmmepi.-~iote_or~.uotes:contains-an etroz`_that a+as~-ea>:sett~by~=a-elcnca~t'~ r~ce;aca on-erTOr, - _ computer malfunction, printing error or sirnilar error, Borrtwer agrees, upon notice from Lender to ze;-execute .any _ - _ documents that are necessar3r. to oorroct any such error(s):" Borrower fuirher agrees-tfiat=Yretiderxvilt nof-b~ 2iable_^---- -- - - - - ta Harrower for any damages incurrcd by Borrower that are directly err indit~etly caused by any such error. 33. Lost Staten, Deatmyod or Mrriilyded Ss~rtity and Other' i)oatraestts. In the event of the Loss, theft or destruction of the Note, any other Hate secured by this Security Instrument, the Security Instrument or any , - other documents or instrutttents ezecnted tut connection with eke Security Instrument, Note or notes (collectively, the 'i~an Documents`), ttgott 8orcawer's receipt of as indemaifcation executed itt favor of Botrawer by ].ender, err, in. the event of the mutilation of any of the Loan Docutacnts, upon L~tder's surrender to Borrower of the • -- --~- mutilated Loan Doctuncnt, Borrower, shall execute.and deliver: ta.:Lender_ a .Cosa.-i)ocumettt: to fotm-and-t;ontpnt_ " ~ '~ °' identical ter, and to serve as a replacement of. the last, stolen, destroyed; or muiifatcd Loan document, and such replacement shall have the same €©rce artd effect as the lost, stolen, destroycd, or-mntitated Loan Documents, and may be treated for all purposes as the original copy of such Laan Document. 34_ Asaignmeffi of It~_ As additional security hereunder, Harrower hereby assigns to Lendcr tine rents of ti-e Property. Borrower shall have the right to collect and retain the rents of the Pmperty as they became due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums .secured by this Security instrument and Borrower has Hat abandoned the Property. 35. Bidets to ihia Beautify tnsuumeat. if one or mare riders arc executed by 13ormwer and recorded together with this Security tnstrurrtent, the ~.ovcnants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Insttttment as if the riders) were a part of this Security Instrument. {Check applicable box{es)} ^ Adjustable Rate Rider ^ Condominium Rider ^ i-4 Family Rider ^ No l~repaytnent Penalty Option Rider ~ Planned I;nit 1?evetoptneni Rider ^ Occupancy Rider ^ Other(s) (specify) Page 9 of 1 Q PAS I Wt9.wp {Q3-:!4-QS ~. ~ 7 ~ ~~~~'f~~ Laan Ntunber: 571002233 Servicing Number; 04174$919-6 Date; 06`29/05 - .. -:.. __--_- _ _ ~ Cer#ify #his #o be recorded In CuriZber~and County PA BY SIGNING BELOW, Borrower accepts and agrees to the terms and Hants co in in this Instrutnettt and in any riders} executed by Borrower and trcorded with it. °~ Witnesses: ,~ ,.5 .k -_---- ecor er~~~eeds //~ _ -grower --ls (Seal) `{Scat) CORRIt3E M lSAN -Harrower t3orower -Borrower -Borrower Certificate of Remdrnoe 1• ~ L'~'' ~~ ~~ a--- , dtf hereby certify that the correct address of the a+ithia-named Mortgagee-is - - - - - - .. _ -. _ .- -- . 3 Ada„ Irvine, CA 92618 W}mess my hand this ? ~ ~- day of -„~ ce.~e. ~ Z ~ S'~ . __-_~~ at of Mortgagee col4aKOxvvE~I.TtI o>~ ~rlsyriv~.rlrw, C~~ ~ ~: _ .. - - On this, the - - -day of ,a~0.$befote me, the undsrsigaed officer, personalty appeared ~j K-9L1~~ ~a~~-tom, know~z to me (or satisfactariiy proven} to lx the person whose name js subscribed to the within instntmeat and acknowledged that ~~ ezecnted the same for the purposes herein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Wp7AAML BEAt. tiONME L C019.E. t~i4'rARY PU6LiC it•ONO OF CAtt~A$ p1MER!/WD CO PA 1AYC~IDIt Ek~dOG[n9ER 17, 2006 Yage t0 of io ALL THAT CERTAIN tract of land located in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follow: BEGINNING at a point on the North side of Walnut Street in the center of the partition wall between the properties known as 39 and 41 Walnut Street as laid out and shown on a plat of Survey of Lots for Alice B, Butcher.. prepared by Thomas A. Neff, dated November 18, 1964 and recorded among the Plan of Records of Cumberland County, in Plan Book 16, liage 20; thence running with and binding reversely on the outline of said plat and the North side of Walnut Street: (I) North 75 degrees :Z2 minutes 00 seconds West, 16.:56 feet to a point in the center of a covered walkway between the properties known as 41 and 43 Walnut Street; thence leaving the North. side of said Walnut Street and running in part, through said covered walkway and ~-unning with and binding one dividing line shown on said plat: (2) North I4 de€~,rees 48 minutes 00 seconds East, 90.96 feet to an iron pin now set on the boundary of the property now or formerly of Clair S. and Mary A. Tritt; thence running with and binding reversely on a portion of the boundary of said property and still running with and binding on the outline of said plat: (3) South 88 degrees 23 minutes 40 seconds east, 19.63 feet to an iron pin set at the Northwest corner of the property now or formerly of William C. Chase, Jr_; and Judith U. Chase; thence running with and binding reversely on the boundary of said property :end running, in part, through said partition wall between the properties known as 39 and 41 Walnut Street and running also with and binding reversely on a dividing line showrt in said plat: (4) South 16 degrees, 19 minutes 40 seconds West, 95.42, feet to the place of the. beginning. CONTAINING 0.038 acres, or 1,659.35 square feet, of land, more or less. BEING (KNOWN AS 41 Walnut Street, Carlisle, PA PARCEL. NUMBER 04-21-0320-433A ~~TE}ZN ~~ E.ISENI3ERG, PC 410 THE PAVILION 2 61 OLEO Y ORK ROAD JENKINTOWN, PA 19046 (215) ST?-8ll 1 Date: June 26.~ 2012 Corrine M. Mangan 41 Walnut street Carlisle. P;~ 17013-3877 Property (if different than mailing address -notice also sent to property): 4l Walnut street Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE MORTGAGE (ACT 6 NOTICE) The MORI~UACiE held by U.S. Banks National Association, as Trustee, as successor in interest to Bank of America, National Association, as Trustee, successor by mer;~er to LaSalle Rank National Association, as Trustee for Residential Asset Aquisition Corporation, Inc. ~~AAC) 2007-1ZI'4, by its attorney in Faet Residential Funding Company, LLC {hereinafter «~e. us or ours) nn your property located at 41 Walnut street, Carlisle, PA. Is IN SERIOUS DEFAtJL7 BE.cAUSE YOU HAVI~ NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly I,~ayments from February 1, 2012 through and including June 26, 2012 as follo~.vs: Payments or $1,034.55 due nn 02/01/2012 through and including 06/01/2012, in the amount of ..................................................................----$5,172.75 Other charges (explain/itemize): Late charges :................................................ Fees billed ................~---.......-....................... Other charges (explain) ................................ Less suspen;e .................................... .....$176.85 .....$31.3.00 .....$0.00 ..........................-$40-4.5 TOTAL AMOUNT Y'AST DUE :.....................................................$5,622.1.5 The total amount now required to cure: this default, or in other words, get caught up in your payments, a:, of the date ofthis letter, is $5,622.15. exHierr ~ G 1'oi! r~?ay care this default within THIRTY (30) DAYS of the date of this letter, by ~a ~,in~ to us the above an~to~rnt of $5,.522.15, plus any additional monthly payments and late charge N~~h~clz ,nay fall clz.~e dzrr-ing this l,~eriod. Such payment must be made either by cash, cashier's ch~:ack, certified check or money order, and made at: U.S. Bank National Association, by its attome_y in Fact Residential .Funding Company, LLC P.O. Box 6440 Carol Stream, IL 60197-644(1 Make sure your account number - 7090216784 is on your payment If you. do not cure the default within THIRTY (30) DAYS, we intend to exercise c~z-~~• right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed. ti~~ill be considered due immediately and you play lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lcn-nsztit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sherifj`~to pay off the mortgage debt. If we; refer your case to our attoa_ieys, but you cure the default before they begin legal proceedings against you, you will still have ~.o 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 ~SO.t)0. f~ny attorney's fees will be added to whatever you owe us, wliich may also include our reascalabl e costs. If you cure the default within the thirty day period, you will not he recruited to pay attorn~w`s fees. ~/e rosy also sue yore personally for the unpaid principal. balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the atnpaid monthly payments plus any late or other charges then dzre, as ~we1l as the reas~>szable attorney',, fees and costs connected with the foreclosure sale and if applicable, pe~f~~rm any other re~~uiren-cents under the mortgage also in default. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately four to six months from the initiation of a foreclosure action; however, the ,time to i:oreclose in each counter is different. ,~~ notice of the date of the Sheriff sale will be sent to you before the sale. OI~ course, the. amount deeded to cure the default, including fees and costs, will increase the lonUer you wait. You may find out at any time exactly what the required payment will ~be by calling us at the following: number: (f300) 446-2936. This payment must. be in cash, cashier's check, certified checL, or money order and made payable to us at the address stated above. ~'ou :;nay a;,~o call us at the above number to see if there are other arrangements that maybe avai h~ble_ You should realize that a Sheriffs sale will end your ownership of the mortgaged property and ~~our right to remain in the mortgaged property. If you continue to live in the proper)}r after the Sheriffs sale, a lawsuit could be started to evict you. You have <.idditional rights to help protect your interest in the property. YOL'~~ HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MCfRTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INS"I~ITIITION TO PAY OFF THIS DEBT. ASS UMI''I'ION OF MORTGAGE_ -You may or X___ may not (GREG: K ONQ sell or transfer your home to a buyer or transferee who will assume the mortgage debt, pro~~ided that all the outstanding payments, charges and attorney's fees and costs are paid prior to oral the sale and that the. other requirements of the mortgage are satisfied. YOl ~ TIA~~ I~ THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD }'ARTY AC`C1NG ON YOUR BEHALF. Ij ~yorr cure the c~efaui't, the mortgage will be restored to ~+he same position as f ~no default had occur~~~ed. however, youu are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, STERN & EISENBERG, PC -~-~ B~'~ ~ l..__--------~_ ----- ~ern & Eisenberg, PC Pursuant to notice published by the PHFA at 41 Pa.B. 2.789 in accordance with 35 P.S. l 680.409c of the Act (35 P.S. 1680.101, et. seq., also lalown as Act 91), effective August 27, 2011 and until further notice of the PHFA, mortgagees may take Legal action to enforce a mortgage without any further restriction or requirement of Act 91. Regardless of whether or not your mortgage loan is subject to the notice requirements under 41 P.S. X403 (Act 6), this notice is also liven to you pursuant to the terms of your mortgage obligation. The dollar amount of mortgages covered by Act 6 n:~ay be found in the Pennsylvania Bulletin. VIA CElz1'IFIED MAIL, RETURN RECEIPT REQUESTED AND RhGULAR MAIL, NOTICE PURSUANT 'TO THE FAIR DEBT COLLECTION PF.ACTICF,S ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NO I7CE [S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFF.,RIZED TO HEREIN AND AIVY INFORMATION OBTAINED FROM YOi~ WILL BE L!SED FOR THAT PURPOSE. You nay dispute the validity of the: debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Lil.ewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANICRLJP'CCY. T73E ENCLOSEJD i.ETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD N07:' BE CONSIDERI~:D AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE :RECEIVED A DISCHARGE IN BANK RUF'TCY (AFTER. ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE: NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLEC"C A DEBT, BUT SOLELY AS PART OF THE EM~~ORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. FORM 1 U. S. Bank National Association Plaintiff(s) vs. IN THE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Corrine M. Mangan Defendant(s) ~~~~._. Civii 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 acourt-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 COnClllatlOn COnferenCe. First, within twenty (20) days of your receipt of this notice, you must coni:act MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a le€;al representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide 'the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is schedulec, you will have an opportunity i:o 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 inforration 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, wt7ich 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 i<; scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY TH/S NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date ' nature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Pragram Financial Worksheet Date Cumberland County Court: of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your _ Please provide the following information to the best of your knowledge: ~ ~ ~ • Borrower name (s): --____- Property Address: City: Is the property for sale? Realtor Name: Yes ^ No ^ Listing date: Borrower Occupied: Yes ^ No ^ Mailing Address (if different) City: Phone Numbers: Home: Cell: Email: # of people in household: How long? • Mailing Address: ___ __ City: State: _ _ Zip: Phone Numbers: Home: Cell: State: __ Zip:__ _ Price: $ Realtor Phone: State: __ _ Zip: _ Office: Other: Office: Other: Email: # of people in household: How long? • First Mortgage Lender: _____ Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender:: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last. Payment: Primary Reason for Default: Included Taxes and Insurance: Is the Noan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds Investments: Checking: Savings: Other: Amount Owed: Automobile #1: Model: Amount owed: _ Automobile #2: Model: Amount owed: Other transportation (automobiles, boats, motorcycles) Year: Amount owed: Monthly Income Name of Err~ployers: 1. 2. 3. _ Additional Income Description (not wages): 1. 2. Borrower Pay Days: Value: $-- $-- $-- $-- $ --- Year: Value: Year Monthly Expenses- (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT- -- - - Mortgage Food __ __ ___ 2~ Mortgage Utilities _ _ _ ___ Car Payment(s) Condo/Neigh. Fees ____ _ Auto Insurance Med. (not covered) _ Auto fuel/repairs Other Prop. Payment ___ __ _ Install Loan Payment CableTV _ __ _ Child Support/Alim. Spending Money- _____ ____ Day/Child Care/Tuft. Other Expenses _ __ ___ ____ __ Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No If yes, please provide the following informai:ion: Counseling Agency: _ Counselor: Phone (Office): Email: Value: Model: Value: Monthly Gross Monthly Gross Monthly Gross Monthly Amount: Monthly Amount: Co-Borrower Pay Days: Fax: Monthly Net Monthly Net Monthly Net Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company tr., resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Phone: Contact: Phone: .- I/We, ,authorize the above named __ to use/refer this information to my lender/servic:er for the sole purpose of evaluating my financial situation far possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please farward this document along with the following information to lender and lender counsel: V Proof on income d Past 2 bank statements ~ Proof of any expected income for the last 45 days ~ Copy of a current utility bill ~ Letter explaining reason for delinquency and any supporting documentation ~ (hardship letter) Listing agreement (if property is currently on the market) ~ Copy of 2 years of federal income tax returns ~ Copy of deed FORM 3 U. S. Bank National Associatoin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIP, Plaintiff(s) vs. Corrine M. Man€;an Defendant(s) REQUEST FOR CONCILIATION CONFERENCE Civil Pursuant to the Administrative Order dated J 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date U. S. Bank National Association Plaintiff(s) vs. Corrine M. Mangan Defendant(s) Civil AND NOW, this day of FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY', PENNSYLVANIA CASE MANAGEMENT ORDER 20 ,the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a courtsupervised conciliation Conference on . at _ __. M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Curriberland County Residential Mortgage Foreclosure Diversion Program f=inancial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 1 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties rnust attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course oaf the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel 'for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at tt~e rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu ~;~f foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE: COURT, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW _ ~::-r~ KEVIN P. DISKIN, ESQ. ~ r ~ ~~ STERN &EISENBERG, PC .r ~' -" ~~~~ `~ ~ = =- The Pavilion _ ~. ~ ~' ~ . ~'~~~_ -v { 261 Old York Road, Suite 410 E-; C. `= - ~ Jenkintown, PA 19046 Ica -s., c w ~°,x ` ~:' (215) 572-8111 LD. #86727 U.S. Bank National Association, as Trustee, as successor in interest to Bank of America, National Association, as Trustee successor by merger to LaSalle Bank National Association, as Trustee for Residential Asset Aquisition Corporation, Inc. (RAAC) 2007-RP4, by its attorney in Fact Residential Funding Company, LLC v. Corrine M. Mangan Defendant(s) Civil Action Number: 12-6725 CIVIL ORDER TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as settled, discontinued and ended, without prejudice, upon payment of your costs only. STERN &EISENBERG, PC B EVIN P. DISKIN Attorney for Plaintiff 11/8/2012 c--y ,~, ~.:: SHERIFF'S OFFICE OF CUMBERLAND COUI~' _ ~-~ Ronny R Anderson o c~nr~' •~ n, __. ~~~.-~ Sheriff r`<.. .~- tittttr ~t ~um6r~,r~ .,,~~~ ~ e "'~C? Jody S Smith i~A ~4 ~~., .~. ~ Chief Deputy ~~ ~ ~ ' ;~ - } ~- ~ J ~~ fi;r Richard W Stewart "~ ~' ;'~~' Solicitor ~~~ F ~~~ -,.~ -_ --~~ ..,,~ ,-,,, U.S. Bank National Association, as Trustee, as successor in interest Case Number vs. Corrine M Mangan 2012-6725 SHERIFF'S RETURN OF SERVICE 11/08/2012 07:27 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be John Mangan, husband, who accepted as "Adult Person in Charge" for Corrine M Mangan at 41 Walnut Street, Carlisle Borough, Carlisle, PA 17013-3877. SHERIFF COST: $34.00 November 09. 2012 i ,- =a" DENN FRY,DEPUT, SO ANSWERS, ~~~~ RON R ANDERSON, SHERIFF .. "cunyS;;Iic herift, Te~zoso`:t, 1-,.