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13-0497
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE LLC Plaintiff vs. STEVEN R. SHEPLEY Defendant(s) Case No. ~' yQ7 ~1Vt ~TP.~ 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 conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with 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 financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEP5 REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. C'~ F) r-t Respectfully submitted: ~ ~ `"'' ~ _T, ~~ ~ ~-- (Signature of Counsel for Plaintiff) ~ ~ ~ ~`4= ~~ t-y `: -Y-~ c. a -r 1 /23/2013 ~,. ~ rv tom? ~ , Date .`_j c_: ~ -~' -< rv ~ ~ _.; Cumbewland County Residential Mortgage Foreclosuwe Diversion program Financial Worksheet Date Curnbcrland County Court of Comrnan Pleas Docket # BORROWER REQUEST P"OR HARDSHIP ASSISTANCE To complete-your request for hardship assistance, your lender must consider your circuanstance9 to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name{s}; Property Address; City: State:_. _ -- Zip: Is the property for sale? Yes ^ I`io ^ Fisting date; . _ Price: $ Realtor Nerve: Realtor Phone: Borrower Occupied? Yes No Mailing Address (if different): City: Stag' Zip: Phone Numbers: Email: of people in household: Mailing Address; City: Phone Numbers: Email; # ofpevple in household: Home: Office Cell; Other: Haw long? State: Zip: Home: Office: GeiI: Other: How long? First Mortgage Lender: Type of Loan: Faan Number: Second Mortgage Lender; Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes c~ I~psurance; Date of bast Fayment: Primarx Reason for Default: Date You Closed 'Your Iroan: Is the loan in Hankrugtcy? 'Yes ^ No ^ Tf ycs, provide names, location of court, case number & attorney: Assets Amauret Owed: -Tome: $ - other Real Estate: ~ RetiremenC Funds: $ lnvestrn-ents: $ Checking: $ Savings: $ Ocher:. Automobile #1: Model: Value: $ $ Amount owed: Value; Ac~bile #2: Model: Amount owed' Value: Other transtaortation (automobiles, boats, motorcycles): Model: 'Year: Amount owed: Value Monthly Income Name of Employers: l . Z. ' 3. Additional Income Description (not wages}: I . monthly amount• 2. monthly amount: Borrower Pay Days: Co-$orrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying} EXPENSE AMOUNT EXPENSE AMOUNT Ma Food 2 M o Utilitios - Car 1'a en a Comda/Nei . Fces Auto Ynsurance Mad. not co Auto fue ire Other mant Install. Loan F'a mcnt Cablc TV Child 5 rilAlim. S tlin More Da /Child CartlTuit. Other Fx es Amount Available for Monthly Mortgage Fayments Based on Income 8c Expenses: Have you been working with a Housing Counseling Agency? 'Yes (~ No Tf yes, phase provide the fallowing informs#ion: Counseling Agency: Cougselor: Phone (office): Fax:T Year:. Year: Email:. Have you made application for Homeowners ]rmer$ency Mortgage Assistance Program (~IEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application; Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or Iendtr's loan servicing company: Lender's Contact (Name}: Phone: Servicing Company (Name): Contact: Phone: T/We, ,authorize the above named to use/refer this infomiatian to rr,y lender/servicer for' the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under na obligation to use the services provided by the above Warned Borrower Signature Co-Borrower Signature Date Please fo=-~vard this document along with the following information to lender and lender's eounseI: _Yr Proof of income ~-Vt Past 2 bank statements -Y Proof of any e~rpected income for the last ~5 days Copy of a current etility bill Letter explaining res~son for delinquency and any supporting documentation (hardship letter} Date V Listing agreetuen# (if prpperty is Curren#ly on the market) KML LAW GROUP, P.C. SUITE 5000 - BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866)413-2311 13- y9~ ~iv~ 1`Texw~ NATIONSTAR MORTGAGE LLC 350 Highland Drive Lewisville, TX 75067 Plaintiff vs. STEVEN R.SHEPLEY Mortgagor and Record Owner 24 North Enola Drive Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE ~~ NOTICE ~E 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~' CUMBERLAND COUNTY BAR ASSOCIATION ~--, ~ 2 Liberty Avenue ~ ,, s-n ~; ~ .,,, ~,, ~''"~ ~= Carlisle PA 17013 ~ ~ ~ ~~= , "`"° , in~ iU ~ - c: -°C • ~ c ---? Ca LEGAL SERVICES INC ~' *~ =~ ~" 8 Irvine Row T- ~' ~`' PA 17013 Carlisle ==-~~ , 717-243-9400 "~ AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hate falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la Corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVCCO. VAYA EN PERSONA O LLA~ POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR s AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ~ (63.75 pp NTt~y C~ ya8~go SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud. ov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.orc/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionna,kmllawgroup.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 117523FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is NATIONSTAR MORTGAGE LLC, 350 Highland Drive, Lewisville, TX 75067. 2. The name and address of the Defendant is STEVEN R. SHEPLEY, 24 North Enola Drive, Enola, PA 17025, who is the mortgagor and record owner of the mortgaged premises hereinafter described. On September 07, 2007 mortgagor made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMNIEE FOR HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on September 17, 2007 as Instrument# 200736043. The mortgage has been assigned to: NATIONSTAR MORTGAGE LLC by assignment of Mortgage recorded on November 14, 2012 as Instrument # 201235263. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. Plaintiff and Defendant entered into a loan modification agreement on October 28, 2011, a true and correct copy is attached as Exhibit C. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for June O 1, 2012 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$111,624.18 Interest from 05/01/2012 through 11/01/2012 at 6.3750% .......................$3,558.00 Per Diem interest rate at $19.50 Escrow ...................... Corporate Advance .. ..........................................................$1,427.07 .................................................................$6.20 $116,615.45 7. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiffdemands a de terris judgment in mortgage foreclosure in the sum of $116,615.45, together with interest at the rate of $19.50, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law, including but not limited to attorney fees and costs, until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: L~ ~ ~-- KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 ~lyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff VERIFICATION Alyssa Quintanilla ,hereby states that he/she is of Nationstar Mortgage, LLC, Plaintiff in this matter, that he/she is authorized to and do make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ~ ~[ ~e ~l3 i /16 /3 Alyssa Quintanilla Assistant Secretary Assistant Secretary #117523FC -STEVEN R. SHEPLEY 24 North Enola Drive Enola, PA 17025 ~(ziditA Exhibit A ALL TEAT CERTAIN tract or parcel of laed and pre~eises, situate, Iyio0 beisB ie the tmvaahip of East Peeesboro ie the Coeety of Cee~berlaed aed CareweweaMh of peaosylvaeia, ewre partkelarly daen'bed as folbws: SEGllYNING at a poiet oe the Easterly right of way list oe Esola Drive, said poiet beieg !Dated 313.59 feet North of the arter lies of Ceaberhiod Road; theece abrt the aid Easterly rie6t of ~ live of Eeda Drive; North 10 degRas 20 e®isetes thW ~~ North 79 25 fat ~ a pdet ax the soccer of ember 26 Esda Drive; thence abe0 degi~ces ~0 mieetes East, a distaste d 115.00 feet to • pobt at the oorsier of the laeds sow or late of Chaclas Eichsiber~eR ~~ aloe0 said laeds, Soeth 10 de~sa 20 eriaeas East, a distasa of 25 tat to a poW at the eorea' of ember 22 Eeda Drive; thence abet the awe, Soet6 79 de0rus 40 mieetes West, a dbisece of 115.00 feet to a poiet, the place of BEGINNING. THEREUPON erected a two-story frame aed vieyl sidieg dweWeg keowe as 24 North Eeola Drive, Ends PA 1T025. ~hi6it B *Exhibit has been redacted to remove all personally identifrable information or non public information Nationstar Mortgage, LLC PO Box 9095 Temecula, CA 92589-9095 Send Payments to: Nationstar Mortgage PO Bca 650783 IJalas, TX 75265-0783 7196 906 9296 366 0397 2012112&160 ~~I~~I~~I~I~I~~I~IJ~~I~III~I~1'III~~I~~~~'~1III~~~I~~II~III'~~~~ STEVEN R SHEPLEY 24 N ENOLA DR ENOLA, PA 17025-2515 PRESORT Frst-Class Mail U.S. Postage and Fees Paid W SO PA_NOI Nationstar Mortgage, LLC PO Bolt 9695 Temecula, CA 92589-9695 Send Payments to: Nationstar Mortgage PO Box 650783 DaAas, TX 75265-0783 7196 906 9296 3660 038 2012112&160 I~iilillllli~i"~llil~l4l~li~l~i'il~l~'~illrlll~Ilill~~IIP~„~ STEVEN R SHEPLEY 9 MCCANDLESS DR EAST BERLIN, PA 17316-9376 PRESORT First-Class Mail U.S. Postage and Fees Paid W SO Pa Noi Sent Via Certified Mail 7196 9006 9296 3660 0397 November 28, 2012 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an of~`icial notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (8©©) 342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice c©ntains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIbN EN ADJUNTO ES DE SUMA TMPORTANCIA, PLIES AIFECTA SU DERECHO A CONTTNUAR VIVTENDO EN SU CASA. ST NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIbN OBTENGA UNA TRADUCCIbN TNMEDTATAMENTE LT.AMANDO ESTA AGENCIA {PENNSYLVANIA HOUSING FINANCE AGENCY) STN CARGOS AL NUMERO MENCTONADO ARRIBA. PUEDE SER ELEGIBI.E PARA UN PRESTAMO POR EL PROGAMA LT.AMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PA_NOI Pagelof6 7196 9006 9296 3660 0397 HOMEOWNER'S NAME(S): STEVEN R SHEPLEY PROPERTY ADDRESS: 24 NORTH ENOLA DRIVE ENOLA, PA 17025 LOAN ACCT. NO.: X414 ORIGINAL LENDER: Nationstar Mortgage, LLC CURRENT LENDER/SERVICER: Nationstar Mortgage, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAgE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you. are entitled to a temporary stay of foreclosure on your mortgage for thirty {30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE DF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" E,YPLAINSHOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The ruzmes, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reaso~zs set forth later in this 14TOtice (see following pages for specif c information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, PA_NOI Paget of6 7196 9006 9296 3660 0397 you must fzll out, sign and file a completed Homeoxmer's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agenciES have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (3t7) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOLI HAYS A MEETING Wl'TH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMAR% DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPOR.lRILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, I1V THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. 77iey will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency lzas sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BAN%RUPTCY, THE PART OF THIS NOTICE IS FDR INFORMATION PURPOSES ONLY AND SHOULD NDT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MDRTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 24 NORTH ENOLA DROVE ENOLA, PA 17025 IS SERIOUSL }`IN DEFAULT because.• YOU HAYS NOT MADE MONTHLY MORTGAGE FAYt~~'NTS for the jollowsng months and the following amounts are now past due: Next Payment Due Date Ob/O1/2012 Total Monthly Payments Due: $5;741.28 Late Charges: $259.00 Other Charges: Uncollected NSF Fees: $0.00 Othea Foes: $0.00 Corporate Advance Balance: $325.00 Unapplied Balance: $0.00 TOTAL AMOUNT PAST DUE: $6,325.28 f PA_NOI Page3of6 7196 9U06 9296 366Q 0397 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY(3D) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNTPASTDUE TO THE LENDER, WHICHIS $6,325.28 PLUSANYMORTGAGE PAY4~'NTS AND LATE CHARGES WH3CHBECOME DUE DURING THE THIRTY(3D) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: Nationstar Mortgage, LLC 350 Highland Drive Lewisville, TX 75067 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage. debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees acdualdy incurred by the lender even if they exceed $SD_D0. Any attorney's fees will be, added to the amount you owe the lender, which may also include other reasonable costs- Ifyou cure the default within the THIRTY (30) DA Yperiod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAYperiod andforeclosraeproceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale_ You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged property could be held would be appro~mately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amounE needed to cwe the default will increase the longer you wait. You may find ouE at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Nationstar Mortgage, LLC Address: 350 Highland Drive Lewisville, TX 75067 Phone Number: (888) 480-2432 Fax Number: (801) 293-3936 Contact Person: Tommy Glover E Mail Address: customer.service@nationstarmail.com EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end yow ownership of the mortgaged property and yow right to occupy it. Tf you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. PA_NOI Page4 of6 7196 9006 9296 3660 0397 ASSUMPTION OF MORTGAGE - You X may or_may not sell or transfer your home to a bu}~er or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requvements of the mortgage are satisfied. YOUMAYALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO NAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCC[TRRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR ) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.C 1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (3U) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, Nationstar Martgage, LLC 350 Highland I3rive Lewisville, TX 75067 (888) 480-2432 FEDERAL LAW REQUIltES US TO ADVISE YOU THAT NATIONSTAR MORTGAGE, LLC IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HA5 BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED "` BY AN ATTORNEY, PLEASE PROVII~E US WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE NUMBER PA NOI Pages of6 7196 9006 9296 3660 0397 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last dated: 09/]0/2012 05:11 PM Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 lffousiug Alliance of York/Y Housing Resources 290 West Market Street York, PA 17401 717-855-2752 PA Yntertaith Community Programslnc 40 B High Street Gettysburg, PA 17325 717-334-1518 Page 6 of 6 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717-232-9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PHFA 211 North Front Street Harrisburg, PA 17t t0 717-780-3940 800-342-2397 HC 7196 9006 9296 3660 0397 ~hidit C (Page 1 of 10) After Recbrd'trtg Before Ta: NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE LEtfifISVILLE, TX 73067 ThhZ Document Prepared By: NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE LEtfifISVILLE, TX 75067 Parcel ID Number. [Space Above This Line For Recording Data] Loan No: 414 Original Loan Amount: $110,000.00 Investor Loan No: 1704820509 MIN Number: 100062604752448441 LOAN MODIFICATION AGREEMENT (Providing for Fixed Interest Rate) This Loan Modification Agreement ("Agreerra;nt"), made this 25th day of October, 2011, between STEVEN SHEPLEY (`Borrower") and NATIONSTAR MORTGAGE LLC ('Lender"), and Mortgage Electronic Registration Systems, Inc. ("MFRS"), and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-HERS, ("Mortgagee"), amends and supplements (1} the Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument), and Timely Payment Rewards Rider, if any. dated and recorded in Book/Liber NlA, of the OfFcial Records (Name of Records] of County, PA (County and State, or other Jurisdiction] and (2) the Note, bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property", located at 24 NORTH ENOLA DRIVE, ENOLA, PA 17025, the real property described being set forth as follows: In consideration of the mutual promises and agreements exchanged, the parties hereto agree as fellows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. As of November 1, 2011, the amount payable under the Note and the Security Instrument (the `Unpaid Prinapal Balance") is U.S. $112,490.23, consisting of the unpaid amount(s) loaned to Borrower by Lender plus any interest and other amounts capitalized. LOJW MODIFICATION AGREEMENr~b Famly--Famie Mae Urirorm kwiumenl Faun 3179 tlp+ R~ov, O+10g) e3oo ~++ ~~.~. r a s~ (Page 2 of 10) 2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will tae charged on the Unpaid Prinapal Balance at the yearly rate of 6.375%, from November 1, 2011. Borrower promises to make monthly payments of principal and interest of U.S. 3740.114, beginning on the 1st day of December, 2011, and continuing thereafter on the same day of each succeeding month until princtpal and interest are paid in full. The yearly rate of 6.375% wrll remain in effect until prindpal and interest are paid in full. If on October 1, 2037 (the °Maturity ate°),Borrower still owes amounts under the Note and the Security Instrument, as amended by this Agreement, Borrower wil{ pay these amounts in full on the Maturity Date. 3. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a benefiaal interest in Borrower is solo or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by the Security Instrument. 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 delivered or malted within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. 4. Borrower ado will comply with all other covenants, agreerr-ents, and requirements of the Security Instrument, including without limitation, Borrower's covenants and agr~ments to make alt payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other paymenrts that Borrower is obligated to make under the Security Instrument; however, the folbwing terms and provisions are forever canceled, null and void, as of the date specified in paragraph No. 1 above: (a) all terms and provisioru of the Note and Security Instrument (if any} providing for, implementing, or relating to, any ctiange or adjustment in the rate of interest payable under the Note, including, where applicable, the Timely Payment Rewards rate reduction, as descn'bed in paragraph i of the Timely Payment Rewards Addendum to Note and paragraph A.1. of the Tur~ely Payment Rewards Rider. By execxrling this Agreement, Borrower waives any Tanely Payment Rewards rate reduction to which Borrower may have otherwise been entitled; and (b) all terms and provisions of any adjustable rate rider, Or Timely Payment Rewards Rider, where applicable. or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a} atxave_ 5. Borrower understands and agrees that: ~a} All the rights and remedres, stipulations, and conditions contained in the Security Instrument relating to default in the making of payments under the Security Instrument LOJW MODIFICATION AGr2EEMENr-~ingie FamHy~annie UIx U~/oim k~strument Fwm 31791A1 (mv. 01104) e3oo o3n 1 rpage 2 aB1 (Page 3 of 10) shall also apply to default in the making of rite modified payments hereunder. (b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shah be and remain in full force and effect, except as herein modified, and none of the Borrower's obligations or liabtiities under the Note and Security Instrument shall be diminished or released by any provisions hereof, nor shall this Agreement in any way impair, diminish, or affed any of lender's rights under or remedies on the Note and Security Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, all rights of recourse th which Lender is presently entitled against any property or any other persons in any way obligated for, or liable on, the Note and Security Instrument are expressly reserved by Lender. {c} Nothing in this Agreement shall be understood or construed to be a satisfadion or release in whole or in part of the Note and Security Instrument. (d) All costs and expenses incurred by Lender in connection with this Agreement, including recording fees, tide examination, and attorney's fees, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender. (e) Borrolnrer agrees to make and execute such other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assigns of the Bonrower. (f) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is acting solely as nominee for Lender and Lenders successors and assigns. HERS is the Mortgagee, of record under the Security Instrument and this Agreement HERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2028, Flint, MI 48501-2026, tel. {888) 6T9-HERS. 6. By this paragraph, Lender is notifying Borrower that ar}y prior waiver by Lender of Borrowers obligation to pay to Lender Funds for any or all Esanw Items is hereby revoked, and Borrower has been advised of the amount needed to fully fund the Escrow Items. This Agreement modfies an obligation secured by an existing security instrument recorded in C15unt~i, PA, upon wfiiich all recordation taxes have been paid. As of the date of this agreement, the unpaid prinapal balance of the original obligation warred by the existing security instrument LQAN MODIFiCAT10N AGREEb1ENr-Slrgk Fertiy-Fanrie Mx U~drortn 4ntrumenf Form 31791A1 (rev. 01!09) 6309 a3n t (pg. ~ ars) (Page 4 of 10) is $106,451.70. The printpal ba~nce secured by the existing security instrument as a result of this Agreement is $112,490.23, which amount represents the excess of the unpaid principal balance of this original obligation. In Witness Whereof, the Lender and I have executed this Agreement. (Space Below This Line For Acknowledgments} COMMONWEALTH OF PENNSYt.VANIA, _ ~ - County ss- On this, the appeared _ (Seal) before me, the undersigned officer, personally satisfadorily proven to be the person{s) whose dame(s) islare subscribed to the written instrument and acknowledged that helshelthey exea~ted the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and offiaal seal. My commission ~~~rw of aeNwsrwa+-++ NOiARUiL SEAL SUSAN !. NM.IER. Nontlr ~~ Cie H~ Baro, GumSfC ~lS Ny rpmaSsSiM Eneues IOAN MOdFlCATION AGREEIu~Nr-~inpb FamBy-Fmriie Mae tJnilpm Metr~anant Fam 3179 tlOt (rer. 01!08) 83000311 t (w9s ~ orBJ (Page 5 of 10) NATIONSTAR MORTGAGE LLC Br =; Name: Title: ~:-~~~ ~ It ~2~It [Space Below This Line For Acknowledgments] _ r- S1Xas County ss: On this, the v[ ay of I' ,20~, before me, ~!e un ersigned officer, personally aP ,the j~,~'-t!~~°ir?1LJN~7~~~ of satisfactorily proven to be the whose name(s) is/are subscribed to the written instrument and acknowledged that he/shelthey executed the same for the purpose herein contained. IN WITNESS WHEREOF,1 hereunto set my hand and official My commission ttiERl JONKlfi y ~ TSigrtature of Notary Nokrry ~xo, Sets of texas . _ ~ ~{~ Title of Officer LOAN MODIFICATION AGRQEMENT~Siryle Fsm~Ty--Famie Mae kkdrorm Ir~sbumeM 8300 03/t t ~e< Form 31791/01 (rev. OtA9) (page 5 W 6} (Page 6 of 10) ~. Cam. ~ Av ~ ~ Registration Systems, Inc -Nominee for Lender Title: [Space Below This line For Adcnowledgmentsj 1i STATE OF ! T Y (,(S ~~T~,~ County ss; On this, the day of ty OYP,YYIV~Q~ ,20 ~ before me, the undersigned officer, personal) Y a peered, ~ ,the ~ P of satisfacton'ty proven to be the pe s} name(s) is/are subscribed to the written instrument and ackrloMAedged that he/sheRhey exearted the same for the purpose herein contained. IN WITNESS WFFEREOF, I hereunto s/et my hand and official seal My commission expires: t7 L~Ir t/~~.• ~l~i d~~ (~ f ~F-fit" \ .~~ If~RI Jf~I1tER ~ net Of N©taFy Npury PubNC, Suu ofTsxes ~~~ ~11~ Title of Officer LOAN MOOIFICA710N AGREEMENT~IrpEe FamBp-famk AAat lJ~tifprm trgyurtrtrA Faro 3179 tA7 (rov. OtAB) 83000311 t (pays 6 d6) (Page 7 of 10) (Page 8 of 10) Loan No.: X414 Borrower: STEVEN SHEPLEY COMPLIANCE AGREEMENT In consideration of Nationstar Mortgage LLC (`Lender) extending funds (the "Loan'), in oonnedion with the dosing of the property located at 24 NORTH ENOLA DRIVE, ENOLA, PA 17025 (the "Closing"}, the undersigned ("Borrower') agrees, upon request of Lender, its successors or assigns ("Note Holder"), or upon request of any person acting on behalf of Note Holder, to fully Cooperate with Note Holder or such person to correct any inaccx~rate term or provision of, mistake in, or omission from any document associated wish the Cosing. Borrower further agrees to execute such documents or take such action as Note Helder or such person ading on behalf of Note Holder reasonably may deem necessary (induding without limitation the corredion of any such inaccuracy, mistake, or onassion} as wilt enable Note Holder to sail, convey, seek guaranty of, or market the Loan to any entity, including without limitation an investor, fhe Federal National Mortgage Assodation, the Government National Mortgage Assodatian, the Federal Home loan Mortgage Corporation, the Department of Housing and Urban Development, the Department of Veterans Affairs, or any bonding authority. Borrower further agrees to comply with any such request within a reasonable period of Gme as spec>Fied by Note Holder or by such person acting on behalf of Note Holder. Failure to comply shall constitute default under the Note and Security Instrument that evidence the Loan, and Note Holder may pursue its available remedies. BY SIGNING BELOW BORROWER ACKNOWLEDGES THAT BORROWER FULLY UNDERSTANDS THIS COMPLIANCE AGREEMENT OR OTHERWISE HAS SOUGHT THE ADVISE OF COUNSEL. ~~ Borrower - TEVEN SHEPL Y Date Borrower - CCMPLiANCE AGREEMENT Date (Faye 7 of f) (Page 9 of 10) Loan No.: X414 Borrower: STEVEN SHEPLEY AGREEMENT TO MAINTAIN ESCROW ACCOUNT WHEREAS, STEVEN SHEPLEY (°Borrower') desires Nationstar Mortgage LLC (°Lender') to ooNect payments from Borrower to be held by Lender for the payment of certain sums due in connection with Borrowers Note and Security Instrument, dated , (hereinafter referred to as `Note' and "Security Instrument" respectively) currently held by Lender, NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained in this Agreement ('Agreement), Borrower agrees to pay Lender, on the day Periodic Payments are due under the Note, until the Note is paid in full, or the Escrow Account is otherwise terminated pursuant to this Agreement or in accordance with applicable law, a sum {the 'Funds") to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over the Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; {c) premiums for any and all insurance required by Lender under the Security Instrument; and (d) Mortgage Insurance Premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums. These items are called "Escrow Items.' In the event that Borrower receives bills, assessments, invoices, or other requests for payment of Escrow Items, Borrower shalt promptly furnish to Lender all such notices. Borroweer shall pay Lender the Funds for Escrow Items unless this Agreement is terminated either by Lender, or pursuant to appligble law. In the event of termination, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. In the event Borrower is obligated to pay Escrow Items directly, and Borrower fails to pay the amount due for an Eskxow ftem, Lender may pay such amount in accordance with the terms of the Note and Security Instrument and Borrower shall then be obligated to repay Lender any such amount. AddRtonalty, if Borrower is obligated to pay Escrow Items directly, and Borrower fails to pay the amourrt due for an Escrow Item, Lender may, in accordance with applicable law, require Borrower to maintain an Escrow Account. Borrower agrees to make an initial payment of Funds to establish the escrow account, which amount shah be based on an estimate of the amount and date of expenditures for future Escrow Items, or otherwise in accordance with the Real Estate Settlement Procedures Ad (`RESPA. The estimate of expenditures of future Escrow Items shall be made based on current data available to Lender. Borrower acknowledges that the actual payments of Escrow Items may vary from the estimated amounts. Lender will collect and hold Funds in an amount {a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lerxier can require under RESPA. Lender shah estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institutgn whose deposits are insured by a federal agency, instrumentality, or entity or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrav Items no later than the time period specified under RESPA. Lender shat) not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless agreed to in writing a 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. Lender shalt give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. _ If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to _ Borrower for the excess funds in acxordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA. If there is a deficiency AGREEMENT TO ESTABLISH ESCROW ACCOUNT (Page 1 of 2J (Page 10 of 10) Loan No.:~414 Borrower: SYEVEN SHEPLEY of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrb~o~wte~~rns(n~hpall p(~appykt~onLen~d~eprp~th~e apm~oyurynet necessary to make up the deficiency in accordance with RtiStPsAihve~rt;i_~iTa~idy i~_t~fitiCr pTGIVdr~TUilfii'i1LLcaaa~y to ~i~anc vN u~c ucin.~cfwy ~~~ awu~ua~wc w~u~ RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument or termination of this Agreement, Lender shall promptly refund to Borrower any Funds held by tender. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Agreement to Maintain Escxow Account. ~~~ ~V~ Borrower - S?EVEN PL Date Borrower - AGREEMENT TO ESTABLISH ESCROW ACCOUNT Date {Prge 2 0/2,1