Loading...
HomeMy WebLinkAbout04-6221 ~ MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: ()4 - ~ ;L2( ~ GARY 1. LOPER MARJORIE A. LOPER DEFENDANTS : CIVIL ACTION-LA W-MORTGAGE : FORECLOSURE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB 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 your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 or (800)990-9108 MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF Vs. NO.: GARY 1. LOPER MARJORIE A. LOPER DEFENDANTS : CIVIL ACTION-LAW-MORTGAGE : FORECLOSURE NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demand a y la notification. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra suya, Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notification y por cualquier queja 0 alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO 0 OTROS DERECHOS IMPORTANTES PARA USTED, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717)249-3166 or (800)990-9108 , MEMBERS 18T FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: GARY 1. LOPER MARJORIE A. LOPER DEFENDANTS : CIVIL ACTION-LAW-MORTGAGE : FORECLOSURE COMPLAINT AND NOW, comes Members 1st Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following complaint: 1, Plaintiff, Members 1 st Federal Credit Union ("Members 1 st), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Gary 1. Loper and Marjorie A. Loper, are adult individuals (referred to herein as "Defendants") having a last known address of 3 28 Old Stonehouse Road, Boiling Springs, P A 17007. 3. On or about February 23,2001, Defendants borrowed from and agreed to repay to Members 1 st EIGHTY-SIX THOUSAND EIGHT HUNDRED FIFTY AND NO/I00 ($86,850.00) dollars (the "Loan"). The Loan is evidenced by a Note dated February 23,2001 (the "Note") executed and delivered to Members 1st by Defendants. A copy of the Note is attached hereto as Exhibit "A" and made part hereof 4, As security for the Loan, Defendants executed and delivered to Members 1 st a mortgage ("Mortgage") on all that certain tract of ground together with improvements erected thereon situate in the Monroe Township, Cumberland County, Pennsylvania, known and numbered as 328 Old Stonehouse Road, Boiling Springs, P A 17007 ("Property"). At all times relevant hereto, Defendants have been and continue to be the record and sole owners of the Property, A description of the Property is attached hereto as Exhibit "B" and made part hereof. 5, On or about February 28,2001, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Mortgage Volume 1674, Page 1029. A true and correct copy of the Mortgage is attached hereto as Exhibit "c" and made part hereof 6, The Mortgage has never been assigned by Members 1st and is still held by it as a valid and subsisting obligation of Defendants. 7, On or about May 15, 2003, Borrower executed and delivered to Members 1 st a Loan Modification Agreement (the "Loan Modification Agreement") which modified the original terms and conditions of the Note and the Mortgage, A copy of the Loan Modification Agreement is attached hereto as Exhibit "D" and made part hereof 8. Pursuant to the terms and conditions of the Note as modified by the Loan Modification Agreement, Defendants agreed to pay to Members 1 st monthly installments of principal and interest in the amount of at least $718,14 each beginning on June 1, 2003 and continuing on the first day of each month thereafter, 9, Defendants are in default of Defendants' obligations under the Note as modified by the Loan Modification Agreement and the Mortgage as a result of Defendants' failure to make the payments due to Plaintiff as set forth therein, 10. Pursuant to the Act of January 30,1974, P,L. 13, No.6, 41 P.S. section 101, et. seq" and in particular section 403 thereof, Members 1 st through its servicing agent Midwest Loan Services, Inc., gave written notice to Defendants of its intent to foreclose by letter dated July 7, 2004, addressed to Defendants via certified mail, return receipt requested, A copy of the said notices are attached hereto as Exhibit "E" and made part hereof 11, In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P,L. 385, No 91,35 P,S, Section 1680.401(c), et. seq" a Notice ofIntent to Foreclose and of Defendants' rights under said Act was forwarded to the Defendants on July 7,2004, via certified mail, return receipt requested, Members 1 st believes, and therefore avers, that Defendants have not applied for assistance under the Act. A copy of the said notices are attached hereto as Exhibit "P" and made part hereof 12, A copy of Postal form 3877 evidencing the mailing of said Notices is attached hereto as Exhibit "G" and made part hereof 13 . Members 1 st has received postal form 3811 evidencing the receipt of the Notices by Defendants copies of which are attached as Exhibit "If' and made part hereof 14, Simultaneously, Members 1st, through its servicing agent Midwest Loan Services, Inc" forwarded to Defendants the same Notices as set forth in paragraphs 9 and 10 above addressed to Defendants by United States mail, first class, postage prepaid, bearing the return address of Members 1 st 's servicing agent. The Notices forwarded to Defendants in said manner have not been returned to the offices of Midwest Loan Services, Inc., as undeliverable or otherwise, 15, As of the date hereof, Defendants are indebted to Members 1 st in the amount of EIGHTY-SIX THOUSAND SEVEN HUNDRED EIGHTY-NINE AND 42/100 ($86,789.42) dollars itemized as follows: a, Outstanding principal b, Interest to 12/6/04 c. Late fees d. Deferred late charge d, Attorney's fees e. Total due to Members 1st as of 12/6/04 $80,572.77 3,420.46 251.37 44,82 2.500,00 $86,789.42 The above attorney's fees are estimated and are in accordance with Defendants' agreements as set forth in the underlying Mortgage and Note as modified by the Loan Modification Agreement. 15, Defendant also agreed under the terms and conditions of the Note that in the event of default there under Defendant would pay, in addition to the amounts set forth in paragraph 14 above, costs incurred by Members 1 st as a result of the institution of these legal proceedings, 16. The obligation owed to Members 1 st continues to accrue interest at the rate of $13,80 per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and continues to accrue late charges and attorney's fees. 17. As set forth above, Members 18t has made demand upon Defendants to cure the default under the Mortgage and the Note as modified by the Loan Modification Agreement. However, as of the date hereof, Defendants continue to fail and refuse to cure the default. WHEREFORE, Plaintiff, Members 1 st Federal Credit Union, demands judgment against Defendants, Gary 1. Loper and Marjorie A. Loper, in the amount of EIGHTY -SIX THOUSAND SEVEN HUNDRED EIGHTY-NINE AND 42/100 ($86,789.42), plus interest at the rate of $13.80 per day, through the date of payment, including on and after the date of entry of the judgment on this complaint, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property" Respectfully submitted, Date: December ~, 2004 ~~&~ Supreme Court ill # : 59012 P.O, Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff ,-..... .-- ------ NOTE Pennsylvania [Slale] February 23. 2001 [Date] MECHANICSBURG [Cily] SOUTH 328 OLD STONEHOUSE ROAD .BOIlING SPRINGS .PA 17007 [Propeny Address] 1. BORROWER'S PROMISE TO PAY_, , In return for a loan that I have received, I promise to pay U.S. $ 86.850.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is MEMBERS 1ST FEDERAL CREDIT UNION. Federal Credit Union I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder. " 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.7500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on April 1. 2001 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on March 1. 2016 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date, " I will make my monthly payments at P,.O. BOX 40 MECHANICSBURG, PENNSYLVANIA 17055 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 768,55 4. BORROWER'S RIGIIT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so, I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note, I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. LOPER26985 26985 o MUL TISTA TE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT G .5N 100051 MW05/00 Form 320j#0 1/01 @ VMP MORTGAGE FORMS ,1800)521,7291, ' '/ (}1 ~ Page 1 of 3 Initials: A EXHIBIT A 11111111111111111111111111111111111 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late ch'!fge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and imerest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. . 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering 'it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGA nONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS , I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. LOPER26985 26985 o G -5N 10005) @ Page 2 of 3 Form 320.0 O~tJ if /./ InJtials:~ ;n~ 10. UNIFORM SECURED NOTE This Note is a unifonn instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or 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 beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less tha!l.30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitled by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) -Borrower Ifl {i/l:! ozlc /J ~ /)vv MARJORlq A. LOPER ;- (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] LOPER26985 26985 o G -5N IOOOS} <!l Page 3 of 3 Form 3200 1/01 ALL THAT CERTAIN lot or piece of land situate in the Village of Churchtown, Monroe Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Survey and Plan thereof made by William B. Whittock, Professional Engineer, dated May 29, 1969, as follows: BEGINNING at a point on the western line of Main Street, said point being one hundred thirty-four (134) feet Southeast of the Southeastern line of West Street; thence along the western line of Main Street, South 24 degrees 30 minutes East, ninety-nine and forty hundredths (99.40) feet to the Northern line of a ten (10) feet wide alley; thence along the same, ?outh 65 degrees 30 minutes WestL forty-two and seventy-four hundredths (42.74) feet to an angle therein; thence continuing along the same, South 38 degrees 24 minutes 45 seconds West/ One hundred forty-nine and seventy-nine hundredths (149.79) feet to a corner of land now or late of Sarah Liggett; thence along said land, North 27 degrees 49 minutes West, one hundred sixty-seven and fifty hundredths (167.50) feet to a corner of land now or late of Mrs. K. Lucas; thence along said land, North 65 degrees 30 minutes East, one hundred eighty-six (186) feet to the point and place of BEGINNING. ) BOOk 1674 PAGrl045 EXHIBIT B ~/ - /" 5//2 e r' . . .- '- - ~ -, ~ " I '-'''l p ~- (' ",' :,'. ~::, - -, ,... . \ .- J "'" I "'~." I..;; U t t 'J .,.) (' t '.' '", ~ fJ I . . -, f"\ 'r!, -- \, r'\ '''''''..)!''''i\L.,..V '1,.'(.'.jllll-r"'A '01 ,rtr-B 28 p '[11 3 Ij 8 Prepared By: Gwen R, Stoner Return To: Parcel Number: 22-28-2401-017 [Space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "Security Instrument" means this document, which is dated February 23, 2001 together with all Riders to this document. (B) "Borrower" is GARY J. LOPER and MARJORI EA. LOPER Borrower is the mortgagor under this Security Instrument. (C) "Lender" is MEMBERS 1ST FEDERAL CREDIT UNION Lender is a F edera 1 Credi t Uni on LOPER26985 26985 o Form 3039 1/01 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT CS -6/PA) 10008) <!) ,/ /,J / III 1 Page 1 of 16 MW 08100 100tlalS: <:if L- I. ... L. VMP MORTGAGE FORMS' 18001521,7291 11111111111111111111111111111111111 BO(j~ lG'i!i f~GE1.029 EXHIBIT C organized and existing under the laws of THE UNITED STATES OF AMERICA Lender's address is P.O. BOX' 40. MECHANICSBURG. PA 17055 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated February -23, 2001 The Note states that Borrower owes Lender Eighty Six Thousand Eight Hundred Fifty and nollOa Dollars (D .5. $86.850.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Ma rch 1. 2016 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (Ii) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ., D Adjustable Rate Rider D Balloon Rider D VA Rider D Condominium Rider 0 Second Home Rider D Planned Unit Development Rider [i] 1-4 Family Rider D Biweekly Payment Rider ~ Other(s) [specify) ~ (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) IICommunity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or. similar organization. (J) IIElectronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. LOPER26985 26985 IMials /fjl?' O<!;6IPAl 10008) Page 2 0/16 /,1 '}L- o Form 3039 1/01 eo~~ 1674 fACE 1 Q 30 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY (Type of Recording Jurisdiction] of CUMBERLAND (Name of Recording Jurisdiction]: Schedule "A" Attached which currently has the address of 328 OLD STONEHOUSE ROAD SOUTH BOILING SPRINGS ("Property Address"): (City], Pennsylvania 17007 [Street] (Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the" Property. " LOPER26985 26985 ~"'''C%f o ~ -6(PA) 10008) .....@ Page 3 of 1 6 Form 3039 1101 Bouk 1674 rAGE 10 31 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, 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. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or Cd) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be LOPER26985 26985 o _ -6(PAII00081 @ Page 4 of 16 Form 3039 1/01 Boo~ 1674 rAGE1032 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shal1 not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this 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 Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when 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. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item. Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, 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 lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest LOPER26985 26985 I In,tlal"/~ if 1-- m I'lL-- o 4D -6(PAI (00081 @ Page 5 of 16 Form 3039 1/01 BOOk 1674 PAGE1033 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RES? A. 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, but in no more than 12 monthly payments. If there is a deficiency 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 deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more, f the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tenn "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. LOPER26985 26985 ./-1//// Iniuals,* I 'I'lL o G .6(PA) 10008) @ Page 6 of 16 Form 3039 1/01 BOUK 1674 fAGE10J4 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds. Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. LOPER26985 26985 InIllals~~Jt '/4,:/-L o . .6(PA) 100081 <!> Page 7 of 16 Form 3039 1/01 BOu~ 1674 pi\GE1035 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. LOPER26985 26985 G-6(PAII00081 <!l Page 8 of 1 6 BOO~ 1674tAGE1036 dj;L,./ 'J IM;aI5: / ;.------ ,t!lj~ o Form 3039 1/01 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tennination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on tenns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly OT indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they wiII not entitle Borrower to any refund. LOPER26985 26985 (1/'7 "," y ~",// Inltial~1 / oJ 1 'f1..- o .. .6lPAl (0008) @ Page 9 0116 Form 3039 1/01 BOO~ 1674 rAGE1037 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property. the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be LOPER26985 26985 ,e? l/ In't'als~-. fJr )..t- o G .6(pA) 100081 @ Page lOaf 16 Form 3039 1/01 BGuk i674 PAG[1038 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonned in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to. attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to LOPER26985 26985 ,""",.{~.,if> 0 G -6(PAlloo08) Page 11 of 16 Form 3039 1/01 @ ~~ Boo~1674 PAGE 1039 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed. contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. 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 beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred: (b) cures any default of any other covenants or LOPER26985 26985 ~~/j; lnoljals~.'- /J1/-L- o cD -6(PAl 100081 @ Page 12 01 16 Form 3039 1/01 BOOk 1674 PAGr1040 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency. instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicerj Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. LOPER26985 26985 'i// lOItlals//fC ,~ ........v (/1 ~-1,-, o C .6(PA) 100081 @ Page 1 3 of 16 Form 3039 1/01 BOOK 1671.1 'AGE104t Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) 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 Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shaIl give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is pennitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument. and hereby waives the benetit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time (0 time under the Note. LOPER26985 26985 ,11/) Inltlals:~ i;?- ~L G .6(PA) 100081 @ Page 14 01 16 BOOK 1674 P4GE104~ o Form3039 1101 BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: 'F (J ~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower LOPER26985 _ -6IPAI 10008) @ '/ >.--t, mti/Z;/ (;0.u ;1. --t j1J 0 MARJORIEjA. LOPER ;- 26985 Page 1 5 of 1 6 BOOk1674 PAGrl043 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower o Form 3039 1/01 Certificate of Residence I, Bonnie Jo Deitch the correct address of the within-named Mortgagee is , do hereby certify that P.O. BOX 40, MECHANICSBURG, PA 17055 Witness my hand this 23RD day of FEBRUARY. 2001 Bonnie ~~c~W- Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, the 23RD day of FEBRUARY, 2001 , before me, the undersigned officer, personally appeared GARY J. LOPER and MARJORIE A. LOPER known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: .~ ):.~-t~"'''. 'J :.,,:~.~~...~ :1'_~~._ .\,',:~1. :.;~. Notarial Seal 80nnle Jo Deitch, Notary Public Hampden Twp" Cumberland County My Commission Expires Sept. 25, 2001 Member. Pennsylvani~ Association 01 NotariBS ~~::~. -f?j ><, /~&h1 ~.A>> I ...' '",.. \ _ ~/ ~_ j~rZ^'.;,,}'IJ"~~ ."'~:l;<~' )-. ~ l"''I- ~...,~ . ~. ,liV' ' :~",~.. ". .".., .> '~' '!}( ,,:,:' :;,- .;- . ....;" -~ ';;, ~". -,':" - ,', , ::.< '-' Tille of Officer ~,... r" '}. r ~~ ( .~ ~'.' ~' r ,'_" LOPER26985 26985 41//)' > / Initials: / fYl,;}L o .-6(PA) 10009) @ Page 16 of 16 Form 3039 1/01 Book :1.674 'AGti044 ALL THAT CERTAIN lot or piece of land situate in the Village of Churchtown} Monroe Township, Cumberland County, pennsylvania, bounded and described in accordance with a Survey and Plan thereof made by William B. Whittock, Professional Engineer, dated May 29, 1969, as follows: BEGINNING at a point on the western line of Main Street, said point being one hundred thirty-four (134) feet Southeast of the Southeastern line of West Street; thence along the western line of Main Street, South 24 degrees 30 minutes East, ninety-nine and forty hundredths (99.40) feet to the Northern line of a ten (10) feet wide alleYi thence along the same} ?outh 65 degrees 30 minutes WestL forty-two and seventy-four hundredths (42.74) feet to an angle therein; thence continuing along the same, South 38 degrees 24 minutes 45 seconds West( one hundred forty-nine and seventy-nine hundredths (149.79) feet to a corner of land now or late of Sarah Liggett; thence along said land, North 27 degrees 49 minutes West, one hundred sixty-seven and fifty hundredths (167.50) feet to a corner of land now or late of Mrs. K. Lucasi thence along said land, North 65 degrees 30 minutes East, one hundred eighty-six (186) feet to the point and place of BEGINNING. "'. ) BOOk 1674 PAGE1045 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 23rd day of February. 2001 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to MEMBERS 1ST FEDERAL CREDIT UNION. Federal Credit Union (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: SOUTH 328 OLD STONEHOUSE ROAD .BOIlING SPRINGS .PA 17007 [Property Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." lOPER26985 26985 C-57R (0008) @ MUL TIST A TE 1- 4 FAMILY RIDER - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 1 of 4 VMP MORTGAGE FORMS - (800)521-7291 iIA' Inltlals~ J: / /nrJ-(; Form 3170 1/01 o MW 08/00 BOu~ 1674 PA<1E1046 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree m writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or tenninate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents ") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (hi) G-57R (0008) @ Page 2 of 4 Jj10 . ~ ' Initials.L1 !lJt!& , / Form 31701/01 LOPER26985 26985 M\l~ 1674 'AGt1041 Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perfonn, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. LOPER26985 26985 G@57R (0008) Page 3 of 4 ~';:I 0 7" / I) Initialsy ;~ fY'r(L ,--' Form 3170 1/01 BOOK 1674 PAGElo4~ BY SIGNING BELOW, Borrower accepts and agrees to the tenns and provisions contained in this 1-4 F arnily Rider. /' (Seal) (f)a~ j'v~._ ). -;G bu' MARJO~E A. LOPER /- (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower LOPER26985 26985 o G-57R (0008) @ Page 4 of 4 Form 3170 1/01 / .\~. .;?i , :-1.;:"/ " ,. l~~ ~ . .....,( i'!_~""'I"\f,,!.....,i""l "" ..... . ,.', J' '.., ,. Mok 1674 PAurt049 ~.: ..:'A"-~'. t' :,. , . /<.!-~ ,~' :::~. ,~:~'19 O.f~. ::d'.O , / '''~:- .'..,. ~. . r.< , . . .- I I . '.? ., .' - - ,. , . . ---~:. (.'e'::...Uc_#tLI .' .' ,.--4 d_ . / -, ------..--. ----- t\e(,Ji" der _,y /1 _. /) '-:1 . /I/"F~./7 ,'?'-' '.,.' ::..:;G.~ .....J '"f '1-, '::J Preparei by and when Recordel Mail to; Midwest Loan S_rvices K!!thy T )l1efson 1 U Eli ubeth St. Kingsfo:d, ~r 49802 (Spa.:e Above This Une For R.ecortiing_ ,:, iI. Z![:;U'I~ . ,. ., ,- - \ .'J'.'l.;.~ 0- . "'R"" . r DHO~ : c.J.,' lANe C~UH;l' ~;. .03 JUL 2 R" 11 03 LOAN MODIFICATION AGREEi.'\iENT (ProYidiRl for F'1Ud lMefttt Raw) Thil I.tlIII Modifle.noa ApemetU ("~). ttlOIde lhi,_ /S- day ofMlly, 200:', bclwoea Gary J. Loptt alld Marjorill A. Loper, his w:ft ("B~rs~) 811Cl MClllbers Fit'.t Fedc:ral CredltUniOll ("l..eodm''). _ell and 'lIJIP1emeDt,(l)1k M<<lpgfJ, Deed ofT fIlS'. or Securicy Deed (1!le "'8ec:lJrily !nIlIrumeIIt"). d:nI FellnlIry 23, 200 I and n:ctmIed In EJ,lOk or tiber 1674, .tpqt(s} 1029-1049, oflt1e RcCoMurCIllllba1and County, Penmytvani" iIId(2} lbe N~ bearia&the same _IS,Alld,ClCUI'll(\ by, 1he Securiry ~ ",il1ick CIlVa'S TOld lIIId pt:J'BlIMi JII"OIlImY de8aiberl iD ~ ~ lndrtDeIIllOd de~ tbert" t II! tile "Property", Iocmd It ~28 Old S~)tQad, BolJlDg SprIDp, P A t70()'7 - fl'ropen;y Addrns] tIC ~ 1l\'llP1)' dt:~bed being Stl forth Illfu1'k1ws: All lb. Clll'l3il\ 101 or piece of IIIId situ_ in Ibf, Vi\laie of ChL.'rcbtown, Monroe TawQtlp. CunlberIImd lOlaIt)', PwlD&yl1lClia, bounded and ~ in lIllC~ wilD & SUMy ad pl3ll thenaf 1 iad& b)' Wllliam B. WIriltock. Plmssioual En!i~, dated Mil)' 2!J, 1%9, at fbUawI: IJcPmina ld, poimt OD lb~ waIIInlliJle of Mm Slnet, I&id llomt beiDe llIWl bundrecl thirty- fOur (U4) fe~ Sotdbeut oflhe SourIl~ line of West StlWI; tbcnce aloJig tlle wabIrl1 Ilnr of:Main sa. , SouIh 24 depoIil 30 min.. BaIt, niDety-l'lim: lIIId furty IRaRdlhs (99.411) fi:et1D tIIc Norlbom tine of a tea (10) r= wide a11e)1: 11Ima: a100g tile 981be, Soutl6S c!tJl':CB 30 ~ Veal, forty~ and _ty-fiour (42,7-4) .. to IQ qle tbcmn; tMnce condmIir..g aloe the SillIUl. Soutll38 ~e!l241l1ilmLe$ 45 1lCC000ds West. me hUlllhd ~ ~ 3C'WDly-Din,f hlllldredtba (14~"79) foet WI ClX1Ief Clflllld IlOW or _ ofSnb. Ll~ tll.~o. a1eng !laid lllI1d. NOT1lI 27 dfJrees 49 mmftle$ W~ aile Muvlred si~-_ and fifty blllutechb:l (107.50) 1i.:ct to a romer of land lIGW or _ of Mm. K. Lllcas; 1I\eftce lllcrn& said 1m:1, North 65 degrees 30 mUtakS East, ClIlC l:Ntld=I eighty-sIx (136) &ct to the ,o!\1IlIlld pix< oraooiimring. 1II coolillctation of1be lllUWal pro~ .w I\3TCClMlltS excbangcd, the panics llemo IIp.lI as tblloO'll,I (natwilb~ lII'l)'tbiDg tq the ~ C4lllained !n lb, Note or Security lnstrvrDClTt): ). M of May I, 2003, tile AII>>1ml pajiable lltld<<r the NolC and <m Scl;arity T!I5tNnlellt (the ''Ullp8id PrineipaJ Balaou") i5 U.s. $lI3,7SS. 13, ~ of the lUlIOUllt(.) losned to ~ by Lender lIIId any apitalimd lIIIlOUDt5 to 4I1;e. 2. BlIm>wr..... ptVIIldC'ltopaytbe Unp8lid Prin. B.JJa1a. plus in1I=U. to 1M onIer of'l.er.dtr. I1It1!:rest wlll be charged ell the U11J*id Prl~i,.l &IiDOll at the ~Nty rE of6~ DoolMay 1, 2003. ~ prodIises 10 make !MIllthly ~ ofpriodpd and __ Dff..!. S, $718.14, begimlDa on the first dIO' of June.. 2003 ,Illld cmti2IIDg ~ 011 tile ~ cllly of cam 6UQcecdlll!J lIlQll1h llIIlilprindpalllllcl. intmst ~JlUi in lIIlt If on~ 1. 201 ('(the "Maturity 0imI"), B~r sti1l 0'M$1Illl0lll\ll !ll\dfl( tie Note 11I4 !be SecurIty Inslrumm, III ameIlded by fhis Agnement, Borm_ will pay th_ I~ m Ml Olt tho MamIty~. BamIWV 1riIl mws~ pI,YIDCIIllI at616 SheldmAve., 8uite300. P. O. Box 181. Rougldmt, M1 4993 lor at ~h otMr p'" iI$ undet fill)' reqaiTe. 3. Ifall or anyplDt of1lle Prcpcfty orlll1}' hm:nst is ~)d Of tnlIlS~ (or if 8otroIotet is not a lVll'IItlII ):HnOIIlllld I. benc~ inlen:st III llorrower il $Jld eo.:J!( 699 FA(;[ -;'4 LOAN ko9JFtCA~ lOt'< "(:lU:EMF.N1' - SllIIIe r.."ily - "anlr M.. Uliro.. JI~I lie... ni7 IJIlI (Pip r of2) EXHIBIT D or trIImf-med} witl100r Lender's prior wrOm ___1, Leader lYWr'j "'l.uirc nnmedlalie psyment in NIl of ell MlU seand b) Uris 3ecurtty 1ns1l1lmm1l. lf1..nlder cxcn:ises 1hi:. optillll, LeodS' sbal &iw l3mTU'ftr n3lice of aceelcratiOll. Tbc DCItict ~ provide II periud of DOl lea thmllO da~~ frocm Ib!l .we the notice Ie given iIlllOCOIdallce <ria SeetlOIl ] 5 w/thiQ ..hiob BomlWl:r tmIIC pIly .1l1Ulllll ~ by dJiI SClI:IIrity TnSlrllmcnt If Bom:l1t'er 1iiIs to ~y 11uM su.ms prior to the cxpimi<lll ft: tIri~ perk-d. Lmder I11ll! lnvok:c ~. renw.IieI pmlIittM by rhi~ s..~rity ! nst11Jl!l.nt witl10ut furlher ~ or demand CD~. 4. Bom:mlr also Will cnmply with aU adler ~, ~r:tlenlS, llld requlml'le'llts of the Seo;.mty lDstnana:IJt, illdndTng ,.ithout ;itai;atiQIl, B<lrrtJwet', ClMIll<<lJtc aDd agteell1<11tS 'Ill .. iJ1 ~ ,,(:axes. imlnRc.c pn:lIlJmm., ~~ ~w IIaIa, ilr\'P01IDcI3, anG .tl olbcr JIIIlIlIIenls thlIt 80l'0"0Wel' 19 obIl~ to ltlaD IIII<.ler '.he S!CI1ri1~ J1IStrnn'mt: ~, the 1b1lawlDa; terl1lS IlIId provisilloa an lbm.ff \'.Illcelcd, lIUl1 md void, as of the da!:lllql(!clfied in JIIl18ftJIh No. I ~: (b) all tertn\ IIXl provi$.ions oftbll NOlt IlId Security l~trUI1lem (if my) prl)\'idm, fur, lmpltmemiag. tit raating 10, Mty d:aJlll'C or ~ mme '* (]I( iJ!IInIt ~Ie '1M. the NctI; S1d all terms and pro'VitiOllll of.." ~le /Ute :'ider or ~ ~[ <rr <kxiImcut tIIlIt i$ ~ 10, wholly or partially !nc:ortloorltd ink\, nr is 1l*It tJf. the N/ltl! or Security }"!:'olUlr./l!l1 and that conlllialo I1Iry I1Idl tcms and JlWri.'liCll5l1~ tilQI;C refi:md tI:' in (a) above. N<<hing in IhilJ Agreetllmt sbaD be IIDdel!llDOd or constrUed /Q be a $lUiam.."tion or release In wboIe or ia ptrt otlho Ne>tt lllId SORIrit) 1n1tr1lment. ~'Coept lIS o1IIerwise spedtlc:8lly provided in Lbis AgreClMl1f, the Note 8Ild SeC1llity Instrumeut will rem1iJ11IIICban1,td, iIOO 8lm'OWer Mil LeDd.:rwill ~ boIood by, llOd <:ompiywith, all oftbe lemu lIr.:j provislo1>~ thenrof. u NDtnded by this ."srHlll'-llll /'I l!1/i1'f~~ J~ m/iCM._~r~(~~l ~ Lender ~ (b) ~. --- B).:;A~t.2 ~ ---.- v ~ _. rSpa<:e Below This Lint for Ac:l::Mw\edictll~tL___ Statll ofPCl1/l iY!\'lI1)ia CmnberlMld COllnty 5!J: On this 15. _ day of JJ A II ~OO? ' ~ me. .. Nolllry Pu. otic in llI'1d for said County I ad State, ~y sppetted Gory J. Loper ilId Maljorie A. Loper, the individual (ll) who tltClrilUd the f\."/qoing inmmnent lIIld aclcnow~ tIJ4t they did examine lIlldead tbe same and did sip! the torellJ.'ling insammcl1t, llDd that 'lbc SlIllIe Is their OWl! fl:e\ act aud deed. 1N WlrnES: WHEREOF, ] l,aw hereunto ad l!tY hand IIId l.>llkial seal. My Conuniss on E';'];;: trf~~ 9, ~ <". . NQWy Public (, jiLli r.J:I~L(L/) ,1. HC:..aur .... --"11~ ~~~~ -. .. .....:., . .' I Cl'rLify thi~, to b~ teccrccd III C tJ III berland 0..' un ty P A ',....~ 'f.';;~~':~~\1' ~';!, . ":~: ~.'l.' 't ~',' ..II' ,,: at ~", ,. :".., ~.~ "!. ,~. ~..~ C.'J-, \:~ ..-,....,. l,;lii. "i.C:< '~~~...r':if.-" tij! \"~~tf:1!!.. G "'!~1i';:::;".;.,.-;~2F . ,..,,~ (.0~~...r ~ ~r- (:"~~'\:-' 1~\~:~~~~ m \'~/ -~ Rcc;)rdcr of Deeds LQiI!'I )fOtJIfTC, TION AGllI:DO!!tl. - Si"p F_ly_ '._10 _ t_.... I........"'" ""rift 3'79 1)11 l1"'II2.e2) BCJ.< 699 c~r.E (,) 11/~~/~~~4 Ij:~b '::Il::lb 1/:J8':1bi::l PAGE 03 MIDWEST LOAN SERVICES, lNC. 616 SHELDEN AVENUE, SUITE 300 lI' 0 BOX 144 HOUGHTON, MI 49931-0144 800-262-6574 cF hJ1y 7, :004. Gary J. Loper Matjor'~ A Loper 328 01,1 Stonehouse Road BoiEn~ Springs, PA 17007 RE: r.,l .an #65060 NOT CF. OF Th"'TENTTON TO FORECLOSE A.:~lJ ACCELERATE LOAN BA LANCE Under Section 403 of Pennsylvania Ac~ ~o, 6 of 1974 The Ml"tgagc held by Members 1 ~l Federal Credit Union, on your property located at 328 Old St~nehouse Road, Boiling Springs, P A 17007, IS IN SERIOUS DEF A.UL T because you hae not made the monthly payment of $880.00 for the month~ of May 2004 throug.l, July 2004, Late chargcs have also accrued to this date in the amount of $116,64, The toll! amount now required to cure this dcfault~ or in other words, get caught up in your pI yments, as of the date of this letter is $2,756.64. You 111 tY cure this default with thirty (30) days of the date of this letter, by paying to us the abllve amount of $2,756.64, Diu! an,v add.itional monthlv J)H~ments _~n~ late chare:t:'l which mav faU du~ durin!!: this period. Such pa}'IDf.I1t must he made either by easll, cashier's check, certified check or money order and made at the office of Midwl;;t Loan Services, Inc" 616 Shelden Ave, Suite 300, PO Box 188, Houghton. MI 4993). If you. 10 not ClITe the default with THIRTY (30) DAYS, we intend to exercise our right to acce lellte the mortgage paym~ms. This mean:5 that whatever is owing on the original amOtm borrowed will be considered due immediately and you may lose the chance to pay of: the original mortgage ill monthly installments, If full payment of the amount of defaull is not made within HURTY (30) D1\ YS, we also i1~tend to s:a1". a lawsuit to foreck,~e your mortgaged property. [f the mortgage is foreclo~ed, your mortgaged propery will be sold by the Sheriff to pay off me mortgage debt. If we refer your case to our att ltu.eys, but your c'Jre :he default before they begin legal proceedings against you, you w J still have to pay the reasonable attorney's fees actually incun'ed, up to $50.00. Howe~ ~r, if leg:?J proceedings arc started against you, you '\A:iII have to pay tr.c reasonable attorn/;fs fee ever, if they are over $50.00. Any attol11e:y's fees will be added to whatever YO"J o\e us, which may also include ClUJ reasonable costs. If you cure the d~fault within the thi ty-day period, you will not be required to pay attorney's fees. \tv€: may also SliC EXHIBIT E 11/09/2~04 13:55 ge57798%0 PAGE 04 you pe'sonally for the unpaid principal balance and all other sums due under the mortga~e. lfyou 1 a\'c not c~tr~d the default within the thirt)'-day period and foreclosure proceedings have b< gun, you still have the right to cure the default m'\d prevent the sale at any time up to one lOUT b~fore tlle Sheriff's forecJosure ~ak. You may do so by paying the total am 0 '.: n' of the unpaid monthly payments plll.~ any late o~ other charges then due, as weB as the ,ea:.;onable attomcy's fees and costs connected with the foreclosure sale (and perf on- I any otDer requirements under tho mortgage) It i!l estimated that the earliest date thar SU4. h a Sheriff s sale could be held would be approximately three (3) months from the above J ;ate. A notice of the date of the Sheriff sale will be sent to you before tbe sale, Of course! tbe amount needed [0 cure the default will incTease the longer you wait You may find 01 t at any time exactly what the requirecl payment v,111 be by calling us at the fo1tow~ Ilg number: 800-262.6574. This payment must be in cuh, CAshier's cbed{, certtfil d chetk or money order and made payable to us at the address Mated above. Yotl s: ould realize that a Sheriffs sale will end YO'.li ownership of the mortgagd prOpef'i and your right to remain in it. If yoNl continue to live ill the propcny after the Sheri fl s sale, a lawsuit could be started to evict you. You 11: ve additional rights to help prC'tect your interest in the property. VOL HAVE THE mGHi TO SBLL THE PROPERTY TO OBTAIN MONEY TO PAyOFF THE MORTGAGe:. DEBT. OR TO BORROW FROM ANOTHER. LENDING TNSllTUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJE~T TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE ~ ,ORTGAGE DEBT, PROVlDED THAT ALL THE OCTSTANDINO P^ Y\.lFNTS, CHA..R1iF.S, AND ATTORNEY'S FEES AND COSTS ARE PAID PRrOR TO OR. I\T THE Si\LF, AND THAT THE OTHER REQUlREME'\TS ll1\DER THE }V'IORTGAGt: ARE SAT1S TED. CONTACT US TO DETERj"lI~E C~DER WHAT CIRCL:MSTANCES nus RJGI-f1 MIGHT EXIST.) YOU HA VE THE RIGHT TO HA YE THIS DErAUL T CURED BY ANY l-HRD PARTY ACTING ON YOUR BEHALF If you :ure the default, tl1e mortgage will be restored to the same posHio1'l as it 110 default had oc ;un-ed, I-Jo,yevet, you are not entitled to this right to cure your default more than three t.nes in any calendar )'car. Sinccr ly, Kathy r oIlefson Forec1 sure Associate '" Mail:d Certifid on July 7,2004 Cet1ifi:d Receipt No.: 700331100001 58833621 Returr: Receipt Rectuested 11/89/2804 13:56 9867798%13 PAGE 85 !l\-tPORTAN'I:': PLEASE READ . In addil ion, except for FHA-insured loan5~ you will receive another notice from us under: Act 9] of 1983. That notice is called "Notice of Homco'\\'ners' Emergency Mortgage Assistance Act of 1983". That notice will explain certain other rights that you might have U1 der Act 91 of 1983, You MUST read both notices s1nce they both explain Tigl1ts that yo t now have under pennsylvania law. The time limits fur Lender's Action a~ explain ;d in this Act 6 Notice might be substantially changed if you choose to apply tor Mortga je Assistance under Act 91 of 1983, If you choose to exercise your rights descrih:d in Act 91 of 1983 Notice, we cannot foreclose upon your home during that time, ..~lso, jf upon application for Mortgage Assistance, and if mortgage assistance is grantee from the Pennsylvania Hou"iing Financ::e Agency, your home cannot be foreclo:.ed upon while you are receiving the assistance. By Kathy T ollefsot1 foreclosure Associate 11/1219/212104 13:55 9E;S 7798%121 PAGE es July 7, 2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This Is an official notke that the mort2a2t on 'Your home \s in default, and the lender int~: foreclose. Specific infonnation about the l.Iature of the default is provided in the -. atta~hed Dae:e5. The HOMEOWNER'S MORTG.AGE ASSJSTANCF. PROGRAM (REMAP) may be able ~Ii) helD to save your home. This Notice unlains how the program wQrk~. To lee if HEMAP can help. v~u must MEET WITH A CONSUMER CREDIT COUNSJi;LING AGENCY WITHIN 30 DAYS OF THE DATJ: OF THlIS NOTICE. Tal{e this. ~otke with :\IOU when YOU meet with ~he Counselin2: A2eoC'\'. The Dan ~_, address and phone number of Consumer Credit Coumelinl!: Aj;encies ~en'in2 your COU!ltv are listed at the end of this Notice. l(you have .any QU~$tions. YOU mav call the Pennsylv:lnia Housinl! F.inanS:J! A2encv toll free a.u-800-342-2~97. (Penons with impaired heanD2can taU (717) 780-1869). Tl is Notice ~ontain$ important legal information. If you have an)' qUe5tioo:l, repa'eseni1atives at the Consumer Credit Coun~dirtg Agency may be able to help explain it. You ma:r' also want to contact an attornEY in your area. The local bar association may be able to help you find a lawyer. LA NOTU ICACJON EN AD.rur,"TO ES DE SUM.~ IlVIPORT ANCTA. PUES AFECT A SU DERECW '. A CONTTNUAR V1VIENDO EN SV CASA SJ NO COMPRENDE EL CONTE~IDO DE ESTA I~OTIFTCACION OBTENGA lINA TR~D{,:'CC10N INMEDIT AM"ENTE LLAMANDO E5TA AGJI:NCIA (PENNSYLVANlA HOUSING F'INA.~CE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA L'"N PRESTAMO POR EL fROG! lAMA LLAMADO "HOMEOWNER'S El'rll:RGENCY MORTGAGE ASSISTANCE PROGR\]'I" E.L CrAL PUEDE. SAL V AR SU CASA DE LA PER1>IDA DEL DERECHO A REfJJMIR SU HIPOTECA. '4MiI~t ))c n! h lOt 311 pnint rype) EXHIBIT F L!/~~/2004 13:56 9067798960 PAGE 67 HOMEOWNER'S NAME(S): PROPERT { ADDRESS: LOAN ACI:Ol.-TN-r NO.: ORIGINAl. LENDER: CURREN1 LENDERlSERVTCER: Gary J. and Marj one A. Loper 328 Qld Stonehouse Road. Boiling Sprin~. P A 17007 ~ Members 1 ~I Federal Credit Union Midwest Loan Services, Inc. servicin~ a~ent for Members 151 Federal Credit U~ion HOM.F.OWNER'S F.i\'rERGENCY MORTGAGF. ASSISTA.r~CE PROGRAM YOU MA '\. BE ELIGTB.LEYOR FlNA~ClAL ASSISTANCE WilleD CA.1'll SAVE YOUR HOME ~IFORECLOStlUj; AND HELP YOU MAKE FUTURE..MORTGAGE PAYMENTS IF vOlT COMPL Y WITH THE PROVISIONS OF mE HOMEOWNER'S EMERGENCY MORTGA';:E ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGErCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED:BY CIRCUMSTAlIl'CES BEYOND YOCR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TOPA\' YOUR MORTGAGE PAYMENTS. AND IF YOU MEET OTRER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PE~SYL V ANlA HOUSING FINA.NCE AGENCY. TEMP_QR... I.RY STAX OF FORECLOSURE.~ Under the Act. you are entitled to a temporary stay of forcclos lre an your mortgage for thirty (30) days from the date of this Notice. During tbat time you n us! arrange a..n.o attend a "face-to-face" meeting with one of the cOliswner credit counseling aijenci.e:,; listed at the end ofthis Notice, THIS_MEETING MUST OCCUR WITHIN TH.R NE.X' :,,<30) DAYS. IF YOU D(LNOT. APPL Y FOR E~tERGENCY MORTGAGE ASSIST A N(E, YOU 'MY..s.. r BRING YOUR MOR TGAq~UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO:URE YO!)R MORTGAGE DEFAULT", EXPLAINS.HOW T9 BRING YOUR MORTGA(,E UP TO D.ATE. CO~.sU.M1I~R ClUi'.DIT COl!NSELING.AGENCIES - rfyou meet with one oftl1e consumer cr~dit cou!' 3cling agency listed at the end of this notice. the lender may 1\'OT take- action against you for thi:ty (30) days after the date of this meeting. ]'he names, addre5s~s Zlnd telephone pumQqs..9. . desil1natcd COnSl.lme~ credit coun~eliJ1g agencies for the county \11 which the t)nJPerty i~ .located I. re set forth at the end of )J;i~ Notlce. It is only necessary to schedule one face-ta-face meeting. Advise your lender il'!1m9.diately of your intentions, APPLICA~ ~IQN..FQR MORTGAGr. ASSIST.<\..~Ct.. Yeur mortgage is in default for the reasons set forth loa cr in tbis Notice (see following rages for specific informatiol1 about the nature of your defau t.) If you have tried and are unable to 'resol~'e this problem with :hc lender, you have the rignt t(1 apply for financial assista;ice from the Homeowner's Emergency Mortgage Assistat1Ce Program. To do so, you must fiit O\lt, sign and ftle a completed Hon:.eovmert:; 2 lli09/2004 13:55 9B577389b0 P~GE 88 Emergenc" As~;j5tance Program Application with one of the designated consumer credit couns~ling \gencies listed at the enc. Oflhis Notice. Only consumer credit counselil1g agencies have applic ltions for the program and they will assist you in submitting a complete application to tbe Penn,ylvania Housing Finance Agency. Your application t\-fllST be filed or postmarked within thirt' (30) days of your face-to-face meeting. YOU MUS':- FILE YOl.."R APPLICATION PROMPTLY. IF VOl) FAIT.. TO DO SO OR IF YOU DO NOTF:jttOW 'THE OTHER TThlE PERIODS SET FORTH Ii"l THlS LETIER, FORECLOSURE MAY PROCEED AGAINST YOUR BOME l'l\itMl:DlATELY AND YOUR APPLlCA1ITON FOR MORTGAGE ASSISTANCE WILL BE DENJF.D. AGENCY ..:.CTIQN - Available funds for: emergency mortgage assistance are very JimitecJ. They ~11 be dislursed by the Agency under the eligibility criteria es:ablished by the Act. The PennsylvaI ia Housing Finance Agency has sixty (60) days to make a decision after it receives your applkatil')n. During that time, no foreclosure proceedings will be purs~led against you if you have rr,et tJ ,e time requirements set forth above. You will be notHied directly by the Pennsylvania Housing r: 1ance Agency of its decision 011 your appIicatio)l. NOTE: IF YOU ARE Cl::RRENTL Y PROTECTED BY THE FILING OF A PETITION TN BANKltUPTCY, THE FOLLOWING PART 014 THIS NOTICE IS FOR INFORMATION PURPOS:I~S ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE bEBT. (lfyou ilave filed bnkrnptcy ~'ou can still apply for Emergency Mortgagr A!'I!I~tanc:e.) trow TO CURE YOUR MORTGAGE DEFAULT (B!:ine. it UP to date), NATURE I:)F THE DEf AUL T -~ The MORTGAGE debt held by the above lender on your prop~rt'; 1c,cated at: 348 Old S~oner.ouse Ro~d. Boiling Spring.s, P A 17007 IS SERTOl rSL Y IN DEF AUT.. T because: YOU HAVE NOT MADE MONTHLY MORTGAGE PA YMEN~S for the following months: May 2004 Lhrough the July 2004 ea.ch in the amount of $880,00 pI 1$ late charges have aJ.':lO accrued to this date in the arllount of $116.64. TOTAL AMOUNI PAST DUE 52,736.64. .HOW TO ~::tTRE TIlE QE;FAULT -You may cure the default withil1 THIRTY (30) DAYS ofthc date ofthi! notice BY P A YlNG THE TOT AL AMOUNT PAST DUE TO THE LENDER, WHICH r~ ~2,756.64. PLUS ANY MORTGAGE FA YME~1'S A.\1D LATE CHARGES WHlCH 8 aCOME m.iE DURJj'\;'G THE THIRTY (30) DAY PERIOD. Payments must be made eitber by c tSh, Q~h!er's check. certified check or mOlley Qrd~r l1Jad.s: Qarabk and s~nt to..; Mid\vest Loan Services. Inc. 616 Shelden Ave., Suite 300 PO Box 188 Houghton, MT 49931 3 11/09/20aa 13:55 9E)57738%fJ PAGE 89 IF YOf.i DJI NOT C.L"RE 'THE .DEFAl.'L T--Yfyou do not cure the default within THIRTY (30) DAYS of tbe date of. his Notice, the lender intends to exercise its rights to accelera.te the mortgage debt. This means that :hc entire outstmding balance of this debt will be considered due immediately and you may lose the ch. nee to pay the mortgage in mont,ly installments. If full payment of the total amount past due is not mad \vithin THTRTY (0) DAYS, the lender also intends to instruct its attorneys to start legal action to fu~'eclo!)e upon your mortgaged property. IF THE Ml ~RTGAGE IS FORECLOSED UPON - rne mortgaged property will be sold by the Sheriff to PlY off the mortgag~ debt. If the lender refers your case to its attorneys, but you clIre the delingu:ncy before the lender begins legal prQc~edings a.gainst you, you will still be required to pay the r ~asonabk attomc:yr~ fees that were acrually incurred., up LO $50.00. However, if legal proceeding: are started against YOll, you ~ill have to pay an reasonablE: attorney's fees aCl1.1ally incurred b) the lender even ifthey exceed $50.00, Any attorney's fees will be added to the amount yOlI owe the lender, which may alM include other reasonab Ie costs. If you cure the default wi! bin the THIRTY (30) DA Y period~ you will not be required to pay attorne:y'~ fees. OTHF.R LJi ,NDER REM:EDIES -- The lender may also sue you persor.ally for the unpaid principal bLlance and all otber sums due under the l1iol't:gage. RlGHT T(, CURT<: THE D:EFAUL T PRIOR Ig SF.lERI~F.~S SALE -- If you have not cured t.he default wit/tin the THTR IT (30) DAY period and foreclosure proceedings hsve beglm~ you still have the ri ~ht to cure the default a,nd prevent the sale at any tim.e up to one hour before the Sheriff's S~ Ic. You roay do so by paying the total amount then past due, plus any late or other charges thc:] due, reasonable attomey's fees and costs connected with the foreclQsure sale and any other C )5ts connected with the Sheriff's Sa.le as specified in \\iTiting by the lender and by performin~' any otber requirements under the mortgage.. Curing your default in the manner set forth in th IS notice will restore }'our mortgage to tbe same position as if you had ne\'er defaulted. EARLIES~i_POSSIBLE SHERIFF'S SALE DATE -- Jt is estim.ated that the earliest date that ~llch a Shdffs)ale of the mortgaged property could be held would be approximately 10 mon,.hs from the (late of this Notice. A 110tke of the actual date of the Sheriffs Sale will be sent to YOU befo(e the ~ale. Of course, the amount needed to cure the default \\--ill inCI'ease the longer yo~ wail. You 1~1ay fmd out at any time e"a~tly what the required paymen~ or action will be bv contacting the lender. " BOW TO 'I :ONTACT TIlE J..ENDER: Na: ne of Lender: Ad'lress: Midwest Loan Services, Inc. 616 Shelden Ave., Suite 300 PO Box 188 HoughtOn, MI 49931 800-262-6574 or 906-779-8970 906-779-8960 Kathy Tollefso:'\ Ph< ne Number: Fa> Number: Co: Itact: 4 EFFECT Q ~ SHER1FFS 5AL.E -- You 5bould realize that a Sheriffs Sale will end your o""'-Tlership ,.:,fthe mortgaied property and your right to occupy it. If you cODtinue to live in the property afi ~r the Sheriffs Sale, a lawsuit to remove YCl~l and your furnisnings and other belongings ;;ould be started by the lender at any time. ASSUMPTION OF MORTGAGE-- Y Otl ~ may or ~ may DOt (CHECK ONE) sell or tramfcr your hon"e 0 a buyer or transferee who will assume the mortgage debt, provided that an the outstandini: payments. charges and attomey's fees and costs are paid prior to or at the sale and that tile oth,r requirements of the mortgage are satisfied, YOU MAY ALSO H.AVE THE RIGHT~ TO SELL THE PROPERTY TO OBT AIN MONEY TO PAY OFF THE MORTGAGE DEBT OR 10 BORROW MONEY fROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. TO HAVE TI-IlS DEFAULT Cl'RED BY ANY THlRD PARTY ACTl0lG ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSl'fION AS IF NO DEPAUL T HAD OCCURRED. IF YOU CURE THE DEPAUL T. (HOWEVER. YOU DO NOT HA VE THIS RIGHT TO CliRE YOUR Ol;FAUL T MORE THAN THREE TIMES !N A1\:Y CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT T:\f A~Y FORECLOSURE PROCEEDlNG OR ANY OTHER LA WSUrT [NST1TUTED UNDER THE MORTGAGE DOCUMF..>JTS, TO ASSERT A,.1\IY OTHER DEFENSE YOt) BBUEVF. you MAY HAVE TO SUCI-l ACTION BY THE LENDER. TO SEEK PROTECTlON UNDER THE FEDERAL BANKRl:PTCY LAW. CON~' t1l\1ER CREDIT COUNSELl1'\G AGENCf.ES StRVTNG YOUR COU~TY Counseling Agencies CUMBERLAND COUNTY Adams ( ounty Housing AutnClrity 139-1>43 '~rti$le Street GQttyabl rg, PA 1132~ (717) 33<:.1518 CCCS of Wutem PA 2000 loin lle$town ~oad HarrlsbLil'g, PA 17102 SSS-S11- ~2Z7 5 Commun ':'/ A~ion Commiuiol\ of Captlal Regiol'l 15140$1'11 Stnlot ~arrIBbur3. PA 17104 (717) 232 ~7S7 Lovnhl~. Inl;;, 2320 Iolor' n !lth Street Harrl8bu'g, PA 11110 (717) 232 2207 MaranJtt, a 43 Phllacl~Ipf11a .t.venu9 WllIyne$t'".o, F'A 172139 (717) 762 3286 PHFA 211 Nort! , Fro"lt StrlKlt Harrtsbul13, ,.A 11110 800-342-, 391 6 ~~ Ul'Ji sl:rnG IN<' ;!;II J-4-1lli7.wu-. !!"Yl:C'f "i"_~. Mr 19~1'l~ Oary J. Loper M:aIjorie A. Lop<." 328 Old Stoncho~ RDad B<>lIlng Spr.r.gs, P A 17007 ~'....f:IJli1j,~l1i..llIr .- . . ~:.::, 'I: I . I KJi'oJ"'r.".t. t>...u :\-~l~ 7003 3~lO ODO~ 56!3 3103& 'D03 3~lC 00D1 5a03 3~3! r, !~! I B If 0 ~-.:'~ .. dUll"" :..1 i~ f 1i 11 r t 'T1 i,n j,) I I :?tl WI I .. 0 ~ 'I - ,..-1 II' > ':~ ! ,.. '~:- ; c: _:t & ~"""'$''''''';lC:l!S'''C, I; 14.ar-lll1l<td, S1~( R\t\~',,,L M'l JlZiM~ O~I)' J. Lopc::l M: rj one A.. Lllptf >2 ,~ Old Stonehouse Roed ~aina S-prlnp, PA t 7007 & _~!I#"~W#'."'''_ wm~~_ I 14-lI J!/r"Mc1h5ilrNt ' Kh~""I1 498('! 7003 3J.J.0 DDDl !i1l!3 31021 7003 3~~O 0001 soa3 3b2L ,~.in i III 'c:f; I sJ ~I I 0 f:( L'i Ii' 11 i I :::: I fllt..- ~. Q. 0 ~, ;: ~I I -r- EXHIBIT G . -......- I . ... _ _ , '.' -- R/inIItW . ., ..;. . 2. ~ ' '''TdiilUfi~Jiir''k.. . ;'-.'!'e, _ }'" ._~.~,.. '~'~~it. 1 : ~ "',.!; I . EXHIBIT H VERlFICA nON I, Stephanie McCreary, Collections Ot1icer for Members 1 HI Federal Credit Union, being autnoriled to do so on behalf of Members 1 ~ Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members l't Federal Credit Union By\. <;r~\fUW ~~ Stephanie McCreary. Collecti Officer ~~~ ~ ~cl~ ~ -J \ c.P -J -S- 0- . 0, ~ : ,\-' I' .\ ( I Jr' I' , \ . ..,.', \ ~..;. I )::-. ({< n (" ... t--' ~~.~~ .;.- t.-'" r<~ (J :/.:~ :(: . \0J C.l () '..n :-:;:1 .... -n II ~ .'. ld.. -,J e,\ :'n~::;) " ,.J\ ~~? :.~, t (- I h'. :'"' --:,.. c,.) o ~ MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF Vs. NO. 2004-6221 Civil GARY 1. LOPER MARJORIE A LOPER DEFENDANTS . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY Please enter judgment in the above captioned proceeding in favor of Members 1" Federal Credit Union, Plaintiff, and against the Defendants, Gal)' 1. Loper and Marjorie A Loper, in the amount of Eighty-six Thousand Seven Hundred Eighty-nine and 42/l00 Dollars ($86,789.42), plus interest at the rate of $13.80 per day, through the date of payment, including on and after the date of entl)' of judgment on the Complaint, and attorney's fees and costs of suit and for foreclosure and sale ofthe mortgaged property. Judgment is entered pursuant to Pa. RCP 3031 for failure to file an Answer on behalf of Defendants, Gal)' J Loper and Marjorie A Loper, to Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent Dated January 26, 2005 Respectfully submitted, ,/7 arl MJLedebohm, Esquire Supreme Court ill #59012 PO. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff I hereby certify that notices of intent to take default judgment were forwarded to Gary J Loper, Marjorie A Loper and Philip C Briganti, Esquire, legal counsel for Gary 1. Loper and Marjorie A Loper, by United States Mail, First Class, postage prepaid on January 13,2005. The aforesaid notices were each contained within an envelope bearing the return address of the undersigned. The notices have not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Forms 3817 are attached hereto and1ed Exhibit" 'Ca .. hibit."B". t () / / L edebohm, Esquire MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF Vs NO.. 2004-6221 Civil GARY I LOPER MARJORIE A LOPER DEFENDANTS . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE IMPORTANT NOTICE TO Marjorie A Loper Gary I Loper 328 Old Stonehouse Road Boiling Springs, P A 17007 Philip C Briganti, Esquire Legal Counsel for Defendants 74 West Pomfret Street Carlisle, P A 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 or (800)990-9108 Date January 13, 2005 Re..s pe~ ~ l.lY. sub miatted,. -',,\ / /) , '! r ! ,./ ,y;/IV../ (,. ..if' , ,., I, r , , .Y' " _ --.,-. ,. ~"'--: I ~ .' . , I arl M Ledebohm, Esq. Supreme Court ill #59012 PO Box 173 New Cumberland, PAl 7070-0 173 (717) 938-6929 Attorney for Plaintiff EXHIBIT A U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PRQVIDJ.::: FOR lNSURANCE-PQSTMAS1ER 0: C- O Z Ln Karl M Ledebohm, Esq '(, , V(, \ ~RC:!z PO Box 173 (.,1 ....'/4/ ::~~ New Cumberland, PA 1707~:ot1'k Jf:~ ~o: \.r)~. .._~ ~'/ ~ ~'-"----T ~ .... ~ C'~ '{' ( _ \. (" ~~~ ~C)l .\ S ~'J\OU(1' ~ ~~pd{\8~ pp. \.100r Received From M c:::J ';' C"1i<l c::i~ tA-:5 '" ~u i. .g h '" '" '" '" PS Form 3817, January 2001 u.s. POSTAL SERVICE CERTIFICATE OF MAILlI'jQ~-~ 'i~ . ;f. MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NO'f." //-........~{ a: PROVIDE FOR INSURANCE-f'OSTMASTER / r' ~ ".y D; .,: "ltt/ \(~O Received From t ..r ~"~ \ ~ ~ \,_",.,,,,) ...Jo~ Karl M Ledebohm, Esq. , \ '(2..~. ) '" !ll~~~ PO Box 173 \(;,"~ /)b."'B-i'E~ New Cumberland, PA 17070;,o(Q!3 ~S-' => ~ -, Z M c:::J ';' C1~ c:::JJ; tA-g '" Onepi6Ceoford"'~_J ,"_" ........."""..u 'u q\oJ~~t ~ LC;u 2- '6 \ ~ "E'. h u..( e., Rd. BciJ~I'\3 Sv(:f\3' fA, ,:rOD'-1-' I~~ I:i ~m o. ~~ !~ '" o o o PS Form 3817, January 2001 U.S, POSTAL SERV!CE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT - PROVIDE FOR INSURAti~~-::PQ~!~::;TER ,.-j''4'1 '-'::,'i[;_ ,~,---"- --'~~.Y . / ,,I.:. '0'" Karl M. Ledebohm, Esq Ie i ,.'1;7 \ ",OM=> i ,,\..;~0' ). f~-~ PO Box 173 \-" \ <~,;\ ~ a i'EO: New Cumberland, P A 17070~~ ;c:;;;/ ~ -, 000. o~~r""'.".C'''OO\;(l' --- Received From: M c:::J'T C"1i<l c::i~ tA-g '" ~~~ . > g~ ." .. i~ '2 o '" '" '" PS Form 3817, January 2001 EXHIBIT B ..Jq.. () -0 t~~~J -~f ~ b ~ ~ + ~ }.l -r ~ - ~ ( .--> co:? c::~,) oJ' '-- "\"",.. ~ ", -' o -r, .... :T-:n rn r-: -01f1 CDtt C~C) __,c"1.-..-, ~I:.-h =~ <~ (~ --'"'* .~~ rn ~:'~ r:? -... :'l.J '" -< W .. SHERIFF'S RETURN - REGULAR CASE NO: 2004-06221 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS LOPER GARY J ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOPER GARY J the DEFENDANT , at 1522:00 HOURS, on the 22nd day of December, 2004 at 328 OLD STONEHOUSE ROAD BOILING SPRINGS, PA 17007 by handing to GARY LOPER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 ~~(/L~"d'/ ~ ,"'" ".,.":,..:...,..~:O;< .0""'/ :<!o.-~.. ' ....... ,/ R. Thomas Kline 12/27/2004 KARL LEDEBOHM Sworn and Subscribed to before By: ~r~ Deputy Sheriff .-:;.- me this jt) - day of C)<~;'1'i d2cld A.D. C hr~t'heo':::::iL. -:~ .. SHERIFF'S RETURN - REGULAR CASE NO: 2004-06221 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS LOPER GARY J ET AL BARIN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOPER MARJORIE A the DEFENDANT , at 1522:00 HOURS, on the 22nd day of December, 2004 at 328 OLD STONEHOUSE ROAD BOILING SPRINGS, PA 17007 by handing to GARY LOPER, HUSBAND Sworn and Subscribed to before 12/27/2004 KARL LEDEBOHM By: 1lP/1 D~~ She~iff a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: .,~C:?:~'.<..~.!.' .~~ ',1'<' ".,,_..-." .... -'0' )' R. Thomas Kline ()<? me this /0 -- day of ~~ ;21J1}5 A.D. (~1/0 ~~~ Prothonotary MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO. 2004-6221 Civil GARY J. LOPER MARJORIE A LOPER DEFENDANTS . CIVIL ACTION-LAW . MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY Please mark the docket in the above captioned matter satisfied. Date March 31, 2005 RespeCilly submi~ted, iJ~J ~j) ;,Q-" arl M. Ledebohm, Esq. I Supreme Court ID #59012 I PO Box 173 New Cumberland, P A 17070-0173 (717) 938-6929 Attorney for Plaintiff r~?. Q\ '-<-, .,;... -s,. ~ -->) \ -- d"; ~~~~). -. <-2 C) -- ,~ (,'-' ...:c:. - ------