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HomeMy WebLinkAbout13-3951 Supreme Couff U. - Pennsylvania CourA,:of Cd'mmon`Pleas For Prothonotary Use Only: Civil dVer Sheet Docket No: O I, CUMtERLQND 1. ' County �S furl The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 'zJ Complaint O Writ of Summons O Petition O Transfer from Another Jurisdiction =; Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: WELLS FARGO BANK, N.A. JASON AND SHAWN SHOAFF T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes O No O (check one) Ooutside arbitration limits N Is this a Class Action Suit? O Yes X No Is this an MDJAppeal ? ] Yes El No A. Name of Plaintiff /Appellant's Attorney: CHRISTINA C. VIOLA O Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS O Intentional IT' Buyer Plaintiff Administrative Agencies Cl Malicious Prosecution O Debt Collection: Credit Card O Board of Assessment CI Motor Vehicle O Debt Collection: Other Iii Board of Elections O Nuisance O Dept. of Transportation Premises Liability O Statutory Appeal: Other S O Product Liability (does not include E mass tort) I.O.' Employment Dispute: Slander/Libel/ Defamation Discrimination O C O Other: Q Employment Dispute: Other rY' Zoning Board T Other: I Other: O MASS TORT O Asbestos N O Tobacco Oa Toxic Tort - DES O Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS O Toxic Waste O Ejectment Common Law /Statutory Arbitration B Other: Q Eminent Domain /Condemnation O Declaratory Judgment O Ground Rent O Mandamus ED Landlord/Tenant Dispute Q Non- Domestic Relations Ix! Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY O Mortgage Foreclosure: Commercial O Quo Warranto Dental O Partition 0 Replevin O Legal O Quiet Title O Other: O Medical O Other: E Other Professional: Updated 11111011 STEVEN K. EISENBERG, ESQUIRE (75736) C"p — =' KEVIN P. DISKIN, ESQUIRE (86727) : it 1 `i LESLIE J. RASE, ESQUIRE (58365) L' .:; J n r cE ,, CHRISTINA C. VIOLA ESQUIRE (308909) 10; L STERN & EISENBERG, PC CA fcq��, THE PAVILION r , z D CC 261 OLD YORK ROAD, SUITE 410 Y L VA N j A JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 F ACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Wells Fargo Bank, N.A., as Trustee for the Pooling And Servicing Agreement Dated as of November 1, 2004 Park Place Securities, Inc. Asset - Backed Pass - Through Certificates Series 2 qs f 1// 2004 -WHQ2, by its Servicer, Ocwen Loan Civil Action Number: 7 I Servicing LLC. 1661 Worthington Road, Suite 100 COMPLAINT IN West Palm Beach, FL 33409 MORTGAGE FORECLOSURE v. Jason Shoaff 170 Willow Mill Park Rd Mechanicsburg, PA 17050 -1760 Shawn Shoaff 170 Willow Mill Park Rd Mechanicsburg, PA 17050 -1760 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or aWt�� 1 v CI�I� S3Qa � 12a9a? for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717- 249 -3166 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Wells Fargo Bank, N.A., as Trustee for the Pooling And Servicing Agreement Dated as of November 1, 2004 Park Place Securities, Inc. Asset - Backed Pass - Through Certificates Series 2004 -HQ2, by its Servicer, Ocwen Loan Civil Action Number: W Servicing LLC. 1661 Worthington Road, Suite 100 COMPLAINT IN West Palm Beach, FL 33409 MORTGAGE FORECLOSURE V. Jason Shoaff 170 Willow Mill Park Rd Mechanicsburg, PA 17050 -1760 Shawn Shoaff 170 Willow Mill Park Rd Mechanicsburg, PA 17050 -1760 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within expuestas en las paginas siguientes, usted twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance fecha de la demanda y la notificacion. Hace p ersonally or by attorney and filing in writing falta asentar una com arencia escrita o en with the court your defenses or objections to the persona o con un abogado y entregar a la claims set forth against you. You are warned that corte en forma escrita sus defensas o sus if you fail to do so the case may proceed without objeciones a las demandas en contra de su you and a judgment may be entered against you persona. Sea avisado que si usted no se by the court without further notice for any money defiende, la corte tomara medidas y puede claimed in the complaint or for any other claim or continuar la demanda en contra suya sin relief requested by the plaintiff. You may lose previo aviso o notificacion. Ademas, la money or property or other rights important to corte puede decidir a favor del demandante y you. requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades u otros LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para usted. A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado FORTH BELOW TO FIND OUT WHERE YOU inmediatamente. Si no tiene abogado o si CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero suficiente de pagar tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o flame por ABOUT HIRING A LAWYER. telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legal. LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717- 249 -3166 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Wells Fargo Bank, N.A., as Trustee for the Pooling And Servicing Agreement Dated as of November 1, 2004 Park Place Securities, Inc. Asset - Backed Pass - Through Certificates Series 2004 -WHQ2, by its Servicer, Ocwen Loan Civil Action Number: Servicing LLC. 1661 Worthington Road, Suite 100 COMPLAINT IN West Palm Beach, FL 33409 MORTGAGE FORECLOSURE v. Jason Shoaff 170 Willow Mill Park Rd Mechanicsburg, PA 17050 -1760 Shawn Shoaff 170 Willow Mill Park Rd Mechanicsburg, PA 17050 -1760 Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Wells Fargo Bank, N.A., as Trustee for the Pooling And Servicing Agreement Dated as of November 1, 2004 Park Place Securities, Inc. Asset - Backed Pass - Through Certificates Series 2004 -WHQ2, by its Servicer, Ocwen Loan Servicing LLC. (hereinafter referred to as "Wells Fargo Bank, N.A., as Trustee, by its Servicer, Ocwen Loan Servicing LLC. ") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. 2. Defendants are Jason Shoaff and Shawn Shoaff, adult individuals with a last -known address of 170 Willow Mill Park Rd, Mechanicsburg, PA 17050 -1760. 3. On 09/21/2004, Jason Shoaff and Shawn Shoaff executed and delivered to Argent Mortgage Company LLC a mortgage upon the property located at 170 Willow Mill Park Rd, Mechanicsburg, PA (the "Property ") to secure the payment of the sum of $135,000.00. The said mortgage was recorded on 09/24/2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Book: 1881 & Page: 4702 and is incorporated herein by reference as though set forth at length herein. A copy of the mortgage and legal description of the Property are attached hereto, made a part hereof, and marked as Exhibit "A." 4. An Assignment transferring the mortgage originally with Argent Mortgage Company LLC (Originating Lender) to Wells Fargo Bank, N.A., as Trustee for the Pooling And Servicing Agreement Dated as of November 1, 2004 Park Place Securities, Inc. Asset - Backed Pass - Through Certificates Series 2004 -WHQ2, was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. Jason Shoaff and Shawn Shoaff are the real owners of the Property located at 170 Willow Mill Park Rd, Mechanicsburg, PA 17050. 6. In accordance with Pennsylvania law, the required pre- foreclosure notice (under Act 91 /Act 6 as may be applicable), was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto, made a part hereof, and marked as Exhibit "B." 7. The said loan is in default as a result of the failure to pay the monthly installments of $1,298.46 due on December 1, 2012 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE .... ............................... ....................$122,075.04 INTEREST accrued thru 05/15/2013 of ......... ......................$5,159.96 (Interest after 05/15/2013 shall accrue at the per diem rate of $26.47.) LATE CHARGES accrued thru 05/15/2013 of .....................$351.30 (Late charges after 05/15/2013 shall accrue at the monthly rate of $58.55.) ESCROW BALANCE .................................... ....................... - $362.89 FEESBILLED .................. ............................... ......................$2,216.68 ATTORNEY'S FEE ............................... ............................... $6,103.75 LESS SUSPENSE (If any) .............................. ......................($175.65) TOTAL ............................... ............................... ....................$135,368.19 Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law, and may be requested as part of any judgment requested and collected in the event of a third party purchaser at Sheriff s Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, Wells Fargo Bank, N.A., as Trustee, by its Servicer, Ocwen Loan Servicing LLC. requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property, for the sum of $135,368.19 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue over the course of the instant matter and to which Plaintiff is entitled to recover =St&0ENBER45, ST G, PC BY: El ESQUIRE ❑ KEVIN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ,''CHRISTINA C. VIOLA, ESQUIRE Date: �Mp 1q, o � ✓ (o15 Attorney for Plaintiff - Jason Shoaff & Shawn Shoaff; 170 Willow Mill Park Rd, Mechanicsburg, PA 1" 0909 VERIFICATION Contract Management I, the undersigned, a(n) Coordinator of Ocwen Loan Servicing, LLC ( "Ocwen "), servicer for Wells Fargo Bank, N.A., as Trustee for the Pooling And Servicing Agreement Dated as of November 1, 2004 Park Place Securities, Inc. Asset - Backed Pass - Through Certificates Series 2004 -WHQ2 ("Plaintiff"), am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiffs behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be true or which I know to be false. Date: (O ' - 3 Name:AiG vCppn? h Contract Ma Title lnt : �C Coordinator Wells Fargo Bank, N.A., as Trustee for the Pooling And Servicing Agreement Dated as of November 1, 2004 Park Place Securities, Inc. Asset - Backed Pass- Through Certificates Series 2004 -WHQ2, by its Servicer, Ocwen Loan Servicing LLC. EGA ? pr 02, Gt1. , Z6 prepared By-,Argent Mortgage Company, Return To: Donna Mordica Argent Mortgage Company, LLC 2550 Golf Road, East Tower, 10th P.O. Box 14130, F1oor.Rolling Meadows, IL 60008 Grange. CA 92863 -1530 Parcel Number: 38 -16. 1070 -009 lSpaee Above 11* Line For Ftewrdft Datal 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 ate also provided in Section 16. (A) "Security i t" means this document, which is dated September 21, 2004 together with all Riders to this document. (B) "Borrower" is JASON SHOAFF and SHAWN SHOAFF, Husband and Wife Borrower is the mortgagor under this Security Instrument. , (C) "Lender" is Argent Mortgage Company, LLC Lenderisa Limited Liability Company 0063310437 -9705 _ PPMYLVANIA - Singia l =amity - .Farw" M"4:radda Mae UNIFORM INSTRUMEN - T Farm 3039 'Fio1 (ft-INPA) s000si 09/21/2004 12:00:16 Pepe 1 Of is VMP MORTGAGE FOAMS - 1 (72=21 EXHIBIT MISSIM4702 At organized and existing under the laws of Delaware Leader's address is One City Boulevard Nest Orange, CA 32868 Leader is the mortgagee under this Security Instrument. (D) " Note" means the promissory note signed. by Borrower and dated S e p t e n be r 21; 2004 The Note states that Borrower owes Uoderone hundred thirty-five thousand and 00 /100 Dollars (U.S. $135. 00 0.0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2034 M "Property" awns the property that is described below under the heading "Transfer of Rights in the Property." (F) "Coen" 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 Instr u mt, 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 [dicck box as applicable] Adjustable Rate Rider 0 Condominium Rider ❑ Seoond Home Rider Balloon Rider ❑ Planned Unit Development Rider 1- 4 Family Rader El VA Rider ❑ Biweeldy Payment Rider F 9 Other(s) (specify] (EQ "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. (1) "Community. 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 organintion. (J) "Electronic Funds Trander" news any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic insuw=t, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an a=unt. Such term includes, but is not limited to, point -of -sale trap &rs, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (IQ "Escrow Items" means those items that are described in Section 3. (i{,) "hUscellaneous Proceeds" means any coon, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) far: (j) 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 hourance" means insurance ptootecting Lender against the nonpayment of or default on, the Loan. 00 "Periodic Paymteat" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (u) any amounts under Section 3 of this Security Instrument. 00633 705 {Ili: -WPAt ro00a3 Pogo 2of Ia .49J21/244 12:00:16 Form 3088 1101 881 PG4 703 (G) "RESPA" .means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amaxled from time to tune, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security bstrument "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 moctgsge loan" under RESPA. (P) "Succesw 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 andlor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY' This Security Instmr= secures to Lender. (i) the repayment of the Loan., and all renewals, extensions and modifications of the Note, and (ii) the performance of Borrowees covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following deem' bed property located in the Cou n ty uvpc of Rccor+d" Judsdi:.ti;lnl of C UMBER LAND [Name of Rtcordiag Jurzdiedonl: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF; which currently has the address of 170 WILLOW MILL PARK RD lstt«z] MECHANIC.SBURG [city], Pennsylvania 17056 (zip c«k] ( "may Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and futures now or hereafter a pact 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." 006331fl -9705 -elPA) ww) r c.so„a 69J21l20 12:00:16 FO'n' 3039 Eton SK 1881FG4704 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 INKRUMENT combines uniform covenants for national use and non-uniform covenants with Limited variations by jurisdiction to Mute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 2. Payment of Principal, Interest, EKrOW Items, Prepayment Charges, and bate 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 dine under the Note. Borrower &trail also pay funds for Escrow Reins pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. &rwever, if any check or other instrument received by Leader as payment under the Note or this Security Instrument is returned. to Leader 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 forma, as selected by Lender: (a) cash; (b) money order; (c) certified cheek, 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 duchy; or (d) Electronic Funds Transfer. Payments are deemed received by Lender whey received at the location designated in the Note or at such other location as may be designated by Leader in accordance with the notice provisions in Section 15. Leader may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current- Leader may wcept any payer 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 Leader 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 Leader need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower maims payment to bring the Loan current_ If Borrower does not do so within a reasonable period of time, header 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 Nate .ir anediarely prior to foreclosure. No offset or claims which Borrower might have now or in the future against Lender shall relieve Borrower from maidng payments due under the Note and this Security Instrument or perfornring the covenants and agreements secured by this Security Instrument. 2, Appheation of Payments or Proceeds. Except as otherwise described m this Section 2, all payments accepted :sad 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) an== 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 Ld rider 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 date charge. If more tban one Periodic Payment is outstanding, Lender may apply any Payment received fmm Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can. be 4063 37 - 9705 4steal Moe) P+w 09/2.2./2 ©0 2.00.16 Farm 3039 1101 GK 1881 PG4701 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 tinder the Note shall not extend or postpone the.due date, or change the amount, of the Periodic Payments, 3. Funds for Escrow Items. Borrower shall pay to header on the day Periodic Payments are due under the Note, until the Note is paid in foil, a sum (the ".Funds ") to provide for payment of amounts due for. (a) to= 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 Leader under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premiums in accordance with the provision of Section 10. 'These items are called "Escrow Items.' At origb isdon or at any time during the term of the Loan, Lender may require that Community Association Rues, Fees, and Assessments, if any, be escrowed by Borrower. and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly Kmm& to Lender all notices of amounts to be paid under this Section. Borrower shall pay .Lender the Funds for Escrow items unless Leader waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any street waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, wben and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Leader anal, if Leader requires, shall fizmish to Lender receipts evidencing such payment within such due period as Lander may require. Borrower's obligation to make such payments and to provide ruts shall for an purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "Qo venant 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. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in woordance with Section 15 and, upon such revocation, Borrower shall pay to Fender all Funds, and in such amounts, that are then required under this Section 3. Lender nosy, at any time, collect and hold Funds in an amount (a) sufficient to permit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. bender shall estimate the amount of Funds due on the basis of currreat data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. Tae Funds shall be heId in an instlUW= whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Leader is an institution whose deposits are so insured) or in any Federal Home Loan Ban Lender shall apply the Funds to pay the Escrow Items ao later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, armuatly analyzing the escrow account, or verifying the Escrow Items, unless Leader pays Borrower interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Fonds, Leader shall not be required to pay Borrower any interest or earnings an the Funds. Borrower and Lender can agree in writing, however, that interest 0063 7 rQj05 �stt�/U +000st �,w a "a+e 09121/200 12:00:16 F- 3039 1101 8 ' # PG4 706 , shall be paid on the Funds. Lender shall give to Borrower, without charge, as annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall .account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, 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 L.euder 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 lnstrument, Leader shall promptly refund to Borrower any Funds held by Leader. 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 Amts, if any. To the cadent that these items are Escrow Item, 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 Leader, but only so long as Borrower is performing such amt; (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 bender determinm that any part of the Property is subject to alien 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 of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -tune charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 3. Property Insuesuee, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, bazar& included within the term "extended coverage," and any other hazards including, but not limited to, earthquske s and floods, for which: bender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Leader requires. What Lewder requires pursuant to the preceding sentences can ehaange; during the term of the Loan. The insurance carrier providing the insurance shall be chosetr 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 tracUmg services; or (b) a one -time charge for flood zone determination and certification services and .subsequerst charges each time remappings or similar changes occur which reasonably might affect stich determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal icy Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower- 0 633 7f74rs - 6tPA) tt M) paw 61916 €lg }2172{}tJ 1 :QQ`16 Form 3039 1101 1st# V i l i? 4 7 0 7 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Leader is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lander, but aright or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and aright 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. Leader shall have the right to hold the policies and renewal certificates. If Leader 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 insu rance carrier and Lender. Lender may make proof of loss if not made.promptly by Borrower. Unless Leader 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 matte 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 insuuaace 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 suers 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, tbau 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 mount not to exceed the amounts unpaid under the Note or this .Searrity 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. 0053 372 7.05 -6(PA) MMI Pave 7 at l a 09 / 21 / i? 0 © : Q 16 Fwm 3036 1/01 OKI 88 1 PG 4 7.0 8 6. Occupancy. Borrower shall occupy, establish, and use the Properly as Borrower's principal residence within &U days after the execution of this Security Iastrunwt and shall continue to occupy the Property as Borrower's principal residence for at Least one year after the date of oomipancy, unless Leader 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; Iaepections. Borrower sball 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 pmn4Ydy Tepai the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in coon with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Leader 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 inmrance or condemnation proceeds we 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 Loam application process, Borrower or any persons or entities acting at the direction of Borrower or with Bormwer's knowledge or consent gave materially false, misleading, or inaracurate. information or statements to Lender (or faiiled to provide Lender with Material information) in connection with the Loan, Material representations include, but are not Iimited to, representations concerning Barrowotr's occupaney of the Property as Borrower's principal residence, 9. Protection of Lender's Interest In the Property and Eights Under this Security Lnsftummt. If (a) Borrower fails to performs the covc=ts and :agree= is contained in this Security Instrument, (b) there is A legal Proceeding that might significantly affect Leader's interest in the Property and/or rights under this Security 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 Leader 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 soma secured by a lien whicb 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. SeonrIR9 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, Low does not have to do so and is not under any dusty or obligation to do -so. It is agreed that Leader irscaurs no liability for not taking any -or all - - -- - actions authorized under this Section 9. 00631 4 6 1 -97115 SdtSaw• - 6tPA) t000ao P —aorya 09121f200 12: Q:If: Fong3039 1101 8fPt4709. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. Terse 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 Inssuance previously in effect, from an alternate mortgage insurer selected by Leader. 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 Inwranee. 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 (m the amount and for the period that Lender requires) provided by an insurer selected by Leader again becomes available, is obtained, and Lender requires separately designated payments toward the pcerniums for Mortgage Insurance. If Leader required Mortgage Insurance as a condition of snaking the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums .requited to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Leader's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses 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 terms 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 reinsures. any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides .that an affiliate of .Lender 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 teiassurance." Further: (a) Any such agreements will not aftet the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the .Loan. Such agreements will not hKrease the amount Borrower will owe for Mortgage Insurance, and-they wilt -not entitle Borrower to any reflratl.- -.. - _ • - -- 105#12-00je5 -6tPA) WW) a w +e 09/21 /200 15 FWM 3039 Z/ot i881PG4T10 (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 disd1osu yes, to request and obtain cane[ ion of the Mortgage Insurance, to have the Mortgage Ins n ace terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums dmd were unearned at the time of such cancellation or urination. 11. Assignment of Miscellaneous Proceeds; Forfeituare. 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 ec feasible and Leader's security is not lessened. During such repair and restoration period, Leader 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 Meted to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leader 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 agreeurenf 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 toss 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 Instru>nent sbaB be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured irnnediately before the partial taking, destruction, or loss In value divided by (b) the fair market value of the Property immediately before the partial taking, destitution, 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 imimediately before the partial taking, destruction, or loss in value is less than the auwunt of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader 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 Leader 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 patty 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 began 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_1%- by _cmaing. the - action -or pig- to--12c_- 9705 0063 7 - awn: 6{PA {pops}�o�r�a 09/21/200 1 :00:16SF°'*"3039 1101 dismissed with a ruling that, in Le judgment, Precludes forfeiture of the Property or other material impairment of fender'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 Leader 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 Intere�t 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 ream of any demand matte by the original Borrower or any Successors in Interest of Borrower. Any forbearance by bender 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; SuDeessm and A.8pss Bound. Bomwer 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 Now (a "co- signer"): (a) is co- signing this Security Instrument only to .mortgage, g= an d 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 Leader and any other Borrower can agree to extend, modify, forbear or make any acmnmodations 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 Irrstrnmtemt 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 performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrtmnent 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 excee d the permitted limits, then: (a) any such loan charge shalt 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. header may choose to make this r efrmd by reducing the principai owed under the Note or by malting 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 paymeatt to Borrower Will 0onstltute a waiver of any right of action Borrower alight have arising out of such overcharge. -- - -- - 15. Notices. All- notices given- by -8ormw - Lender in- connection -waif . this Security Instrument roust be in writing. Any mice to Borrower in connection with this Security t shall be deemed to _. 00633W 7 _9705 Ira"&: S -8(Pal m�oar �• �, � a 0 4 / 2112 00 :00;16 r-orm solo 1 101 88.1 PC4712 have been given to Borrower when mailed by fast class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwim. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to header. Borrower shall proWdy notify Lender of Borrower's change of address. If Lender specifies a procedure for repotting 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 say one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Tender'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 giver. to Leader until actually received by Lender. If any notice required by this Security Inastr rnent is also required under Applicable Law, the Applicable Law requiremm will satisfy the corresponding requirement under this Security Instn went. 16. Govwning Law; Sever ability, Rules of Constntcfion. 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 Inert are subject to any requirements and li.uitations 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 contuacx 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 f eminine 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. Tnwder of the Property or a Beuelk'ial 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 contact 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 transfene (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or trmtsferred) without Tender's prior written consent, Leader may require iaamodiate psryrnent in full of alt 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 permitted by this Security Instrument without Anther 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 bane prior to the earliest of: (a) five days before sale of the Property pursuant to any power of safe contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security iotrument. Those conditions are that Borrower: (a) pays Lender all suns which. then would be due under this Security _ Instru and the N ote as if no acceleration had occurred; 0) cures any default of any other covenants or 0063 37 -9705 ( - s(PA)PDMJ P+ap.r2d15 09/21/200 1 4:ifi FOiv. trot 1881PG4713 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 ties Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Leader'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. header may retluut that Borrower pay such reurstatement sums and expenses in one or more of the following forms, as selected by Lender- (a} cash; {b) raoaey order; (c) certified check, bank check, treasurer's check or cashier's check, provided say such heck 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 Swvim -, Notice of Grlevamoe, 7be 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 rms other mortgage rtgage loan servicing obligations under the Note, this Security Ia bument, and Applicable Law. There also might be one or morn 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 uldress to which payments should be made and any other information RE„SPA 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 come, join, or be joined to say 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 mason of, this Security Instrument, until such Borrower or Leader has notified the other patty (with such notice given in compliance with the requimments of Section 15) of such alleged breach and afforded the other parry 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 ti period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and Opportunity to cure given to Borrower puu'mw to Section 22 and the notice of acceleration given to Borrower pursuant to Section 1.8 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 crvimnmcntat prOmcd0u; (e) "Environmental Cieanurp" 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. 0063 37705 - attsE►? c000s) Pw• roar fe 09/21!200 12: fl0: lb �*� 3039 trot BK 1181P.G 4 7.14 Borrower shall not cause or permit the price, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in. the Pr»periy. 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 mvatm an Envimumental. Condition, or (c) which, doe to the prtxx=, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences ,hall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to he 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 regulstnry agency or private party involv%rrg the P%peny and any Hazardous Substance or Environmental Law of which Harrower has neural knowledge, (b) any Environmental Condition, including but not limited to, a spilling, leaking, discharge, release or threat of release of any Hazardous Substance, a�i (c) any condition caused by the presextce, use or release of a Hazardous Substance whiz adversely affects the value of the Progeny. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party,. that any removal ar other take all necessary remedistion of any Hazardous Substance affecting the Property is necessary, Borrower shad pMmpily 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 shall give notice to Burrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Intt (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender don notify Borrower of, among other things: (a) the default; (b) the action required to care the default; (c) when the default mast be cured; and (d) that failure to cure the default as specified may result in acceleration of the stems secured by this Security Iastrtm at4 foreclosure by judicial proceeding and sale of the Property. Leader sball further intro Borrower of the right to mate after savieration and the right to assert in the foreclosure prodding the nonce of a default or any other defense of Borrower to acceleration and foreclosure. N the default Is not cared as specified, Lender at Its option may rapdre immediate paymeat in full of all sums secured by this Security Inshument without farther demand and may foreclose this Security Instrument by jtididal proceeding. Lender shall be entitled to collect all expe wes incurred in pursuing the rimes provided in this Section 22, inciu�, but not limited to, attorneys' fete and coma of title evldenee to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security lnstru n n , this Security In Uument and the estate conveyed shall teauinate and became void. After such occurrence, Lender shall discharge and satisfy this Security Instruct. Borrower shall pay any recordation coats. Lender may charge Borrower a fee for releasing this Security Instr un u, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. 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 benefit of any present or future lases providing for stay of execution, extension of time, exemption from .fit, levy and sate, and homestead eacaugt1=. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour t to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security 26. Pmehese 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 . Lgavft.lkate After Judgmeot. Borrower agrees that the mftr+est rate payable after a judginent is entered on the Note or in an action of mortgage foreclosure shalt be the rate payable from .tune to time t di rtlie Ncite. 00b33 7 -9705 ( -atPAl c000a� P'4"" °fQ 09121/200 i . 00.16 Fm" 30M 1101 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security h=ument and in any Rider exerted by Borrower and recorded with it. Witnesses: 4 (mil SON SHOAFF - Bnrrowor S — ( Seat) SRAWN SHOAFF _Borrower (seal) (seal) -Borrower - Bmmwtr (Seat) (Seat) -Borrower - Borrower (Seal) (Seat) - Harrower - Borrower ._ 0063310437 -9705 WMAI wooer Pope is of +a 09121/2004 12:00:16 Form 3038 1101 Al 881A471:6 Certificate of Residence I, (�{� . _ L (abs C_ r , do hereby certify that the correct address of the within -named Mortgagee is Q AIEZ ` AM411 -E 44 9,J AJ 6 , ! � 9 ,� 9 Witness my hand this .21 w d ayvf S ar 0 5r Day lYe' QAA ar A t of Mo vases COMMONWEALTH OF PENNSYLVANIA CUM ®1~Rt,�},tl� County ss: On this th ��-j $ day of S�PJF,s+4Q6R �� `{ before me,. the undersigned officer, personalty appeared .�saaf �t# v,q-FF AQ 51+AWA --' known to .me (or satisfactorily proven) to be the person( whose name(s) islare 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: COMMONWEALTH OF PENNSYLVANIA Nowiat Seal . vvftm R Lindsisy, Notary Public Lower Alien Twp.. CutsberlaM County MyC0mdSdwEVhas Nov .24.2007 J Member. Pennsylvania Association Cat Notaries T" of Officer Page is or is 0663340437 -9705 09f24t2004 t2:00 :46 PM SS t881 P ;4 717 Date: 91812064 Time: 4:01:45 PM Order Nutt: 000022875 Re: Tason shoaff 170 WILLOW MILL PARK ROAD Shawn aboaff MECHANICSBURG, PA 17050 CUMBERLAND County MMIBIT 'A' ALL THOSE CERTAIN pieces or parcels of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: TRACT 1: BEING Lots Nos. thirty -one (31), thirty -two (32) and thirty -three (33) in a Plan of Cottage Lots known as Willow Mill Park, which said Plan of Lots is recorded in the Cumberland County Recorder's Office in .Plan Book No. 2, Page 103. TRACT 2: BEING Lots No. 30 in a Plan of Cottage Lots known as Willow Mill Park, which said Plan of Lots is recorded in the Recorder's Office in and for said Cumberland County in Plan Book No. 2, Page 103. This conveyance is made subject to the following express conditions and restrictions: 1. This lots hall not be used as site for a restaurant, beverage or refreshment stand or for any purpose other than a house or residence. 2. No building shall be erected upon this lot so that any part thereof shall be closer than twenty -five (25) feet from the roadway leading past the lot or closer than five (5) feet from the adjoining lot line. 3. No building shall be erected upon this lot that shall have a main building less than twenty by twenty -four feet and to cost less than nine hundred ($900.00) dollars. 4. No building shall be erected on this lot having an exterior surface of old or weather beaten materials or of careless workmanship. 5. Open and exposed toilets are prohibited. 188 1 PG47 IS Page: 6 of 6 Order Number 000022875 ADJUSTABLE RATE RIDER (LIBOR Six-Month-Index (As Published In the Wall Street Journal)- Rats Caps) THIS ADJUSTABLE RATE RIDER is made this 21st day of September , 2004 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrment") of the same date given b the enders`i ad (that "Borrower"} to secure Borrower's Adjustable Rate Note (the •Note4) to Argent Mortgage Company, LLC (the "Lender") of the same date and covering the property described in e Security Instrument and located at: 170 WILL MILL PARK RD, MECHANtCSBURG, PA 17050 Addran) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER`S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial Interest rate of 7.875 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pey m�ay change on the first day of October, 2007 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be rased on an Index. The "index" is the average of inted3ank offered rates for six -month U.S. dollar- denominated deposits in the London market ( "LIBOR "), as published In the Wall Street. Journal. The most recent index figure available as of the date 45 days before each Change. Date Is called the "Currant index." If the Index Is no longer available, the Note Holder will choose a new Index which is based upon comparable information. The (dote Holder will give me notice of ibis choice. In ' Loan Number. 0063310437 - 9705 6*4 (FW Im1) Pala 1 of 3 09121rLOM12F I PM (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding six percentage points ( 6.000 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one- aighih of one percentage point (0.126%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly ant that would be sufficient to repay the unpaid principal that I am expected to owe at the C angle Date in full on the maturity date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rafe Changes The interest rate l am required to pay at the first Change Date will not be greater than 9.973% or less than 7.875%. Thereafter, my Interest rate will never be irxxeased or decreased on any single Change Date by more than One(1.000 %) from the rate of interest I have been pay] for the preceding six months. My interest rate will never be greater than 13.875)% or Less than 7.875)%. (E) Effective Date of Changes My new Interest rate will become effective on each Change Date. l will pay the amount of my new monthly psyment.beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. 4F) Notice of Changes The ote Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any Chan . The notice will include Information required by law to be given me and also the Sift and teie .done number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY ORA 13ENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: Transfer of the Pro or a Benefiolal 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 d ,, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. In Loan Number: 0063310437 - 9705 810-2 (P.W iv) Page 2 of 3 ��}} r Q9fT 004120016 PM 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 Leader's prior written consent, Lender may require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall riot be exercised by mender if such exercise is prohibited by federal law. Lender also shall not exercise this option if: a Borrower causes to be submitted fie Lender tnf�orrnatfon required by Lender to evaluate the intended transferee as If a now loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be Impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security instrument Is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condltion to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unkms Lender releases 'Borrower in writing. if Lender exercises the option to require immediate payment in full, .Leader shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW,_ Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (Seal) S (Seat) "or JASON HOAF Borrower SHA SHOAFF (Seal) (fit) Borrower Borrower I r'-�"li f th is to be recor. cd # r� —`t_ r nberl nd County I . F. _ Loan Number. 0063310437 - 9705 61" (F;�&V 1101) Page 3-of 3 OW W004 PM ¢_ @ I 7• STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: April 2, 2013 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOVE FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HE" can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): Jason Shoaff PROPERTY ADDRESS: 170 Willow Mill Park Road, Mechanicsburg, PA 17050. MAILING ADDRESS: 170 Willow Mill Park Road, Mechanicsburg, PA 17050 -1760 LOAN ACCT. NO.: ORIGINAL LENDER: Argent Mortgage Company LLC. CURRENT LENDER/SERVICER: Wells Fargo Bank, N.A., as Trustee for the Pooling And Servicing Agreement Dated as of November 1, 2004 Park Place Securities, Inc. Asset - Backed Pass - Through Certificates Series 2004 -WHQ2 by its attorney -in -fact, Ocwen Loan Servicing, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: x IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, x IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender inunediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 170 Willow Mill Park Road, Mechanicsburg, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amotults are now past due: Monthly payments from December 1, 2012 through and including April 2, 2013 as follows: Payments of $1,298.46 due on 12/01/2012 through and including 04/01/2013, inthe amount of ................ ............................... ......................$6,492.30 Other charges (explain/itemize): Late charges: .......................................... $351.30 Feesbilled .................................. ...................... ......................$1,908.09 Other charges ( explain) .......................... .................. ........ . . . .. .$0.00 Lesssuspense .................................. ....... .................. . . . . .. ........$175.65 TOTAL AMOUNT PAST DUE : .............................. ......................$8,576.04 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,576.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES RWICH BECOME DUE DURING THE THIRTY (3 0) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen P.O. Box 6440 Carol Stream, IL 60197 -6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (3 0) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged p roperty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you -,N411 not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, �ou still have the right to cure the default and prevent the sale at any time U to one hour before the Sheriffs Sale. You may do so by pang the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Wells Fargo Bank, N.A., as Trustee, by its attorney -in -fact, Oewen Loan Servicing, LLC Address: P.O. Box 6440 Carol Stream, IL 60197 -6440 Phone Number: 800 - 310 -9229 407 - 737 -6300 (fax number) Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. i YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, ST I � RG, PC BY: �� n Ste is e g, VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL f NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. j -H 'i Comprehensive Housing ` - Counseling AgenGies Agencias de Consejo al Clients Para Vivienda Cumberland County 'CCCS ofWi' stem PA -York 55 Cbver Hill Road Dally taws PA 17313 688.511.222? f 666.51 12227 1VO4Y1.1 1 : 1 _^%Va ter /J Community fiction%omr =t4ssion - Capital Region 1514 Dairy St Harrishurg PA 171,94 7 7 7.232 Q 757 W1:4:tC2Cili �` -u nTV.ffiV Harrisburn Fair Housing CaunCil 2100 N 6th St Harrithurg PA 17119 717.238 4540 Housing & Redevelapmentfirdha ; ity- Cumberland Cnty 114 N Hano•erSt; S7E 104 CafliSt? PA 17013 866.683 -5907 i 717245.0789 www..cchra.,�om Pathwiane Corporation Pennsylvania 1625 North Secand St Harrisburg PA 17102 71 7 2 34 -6616 anwJrc�li�es:r t athstana Pa him Pennsytvanb Interfaith Community Programs, Inc: 40 E High St Gettysburg PA 17325 717 - 334.1518 it,twadamscha.oro NOTE Many of the agencies offer workshops at various lofation sitss; call to find a location near you. Report fast updated: 413012012 9:03:04 AM Page 1 of t STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: April 2, 2013 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342- 2397.(Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Shawn Shoaff PROPERTY ADDRESS: 170 Willow Mill Park Road, Mechanicsburg, PA 17050. MAILING ADDRESS: 170 Willow Mill Park Road, Mechanicsburg, PA 17050 -1760 LOAN ACCT. NO.: ORIGINAL LENDER: Argent Mortgage Company LLC. CURRENT LENDER/SERVICER: Wells Fargo Bank, N.A., as Trustee for the Pooling And Servicing Agreement Dated as of November 1, 2004 Park Place Securities, Inc. Asset - Backed Pass- Through Certificates Series 2004 -WHQ2 by its attorney -in -fact, Ocwen Loan Servicing, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: x IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, Y IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND x IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender inunediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only constuner credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT[' (Brining it up. to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 170 Willow Mill Park Road, Mechanicsburg, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from. December 1, 2012 through and including April 2, 2013 as follows: Payments of $1,298.46 due on 12/01/2012 through and including 04/01/2013, in the amount of ................ ............................... ......................$6,492.30 Other charges (explaimi/itemize): Latecharges: .......................................................................... $351.30 Feesbilled ........................................... ............................... ....$1,908.09 Other charges ( explain) . ............................... ..........................$0.00 Less suspense .................................... ............................... ......$175.65 TOTAL AMOUNT PAST DUE : .............................. ......................$8,576.04 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,576.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Oewen P.O. Box 6440 Carol Stream, IL 60197 -6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chalice to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged P roperty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, Y still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by _paying the total amount then past due, 1p us any late or other charges then due, reasonable attorney's fees and costs com with the foreclosure sale and any other costs conriected with the Sheriffs Sale as specified in writing by the lender and by perforining any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Wells Fargo Bank, N.A., as Trustee, by its attorney -in -fact, Ocwen Loan Servicing, LLC Address: P.O. Box 6440 Carol Stream, IL 60197 -6440 Phone Number: 800 -310 -9229 407- 737 -6300 (fax number) Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to. remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, S E I ENBERG, PC BY: Stern isen erg, C VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likelvise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. l V . T f .... N, Comprehensive Housing Counseling Agencie Agenc!as de Consejo al Cliente Para Vivien da Cumberland County *CCCS ofWestern PA -Yore: 55 Cbvfer Hill Paid Dallastown PA 1 ?313 1386.511 2227 1998.51 1.222? Community Action Cor.Zrnusian - Capital Region 1514 Derry St Hard hung PA 11104 ?17.232.975? W'y :�Castda_-Lri pe: Harrisburg Fair Housings Council 2100 N Uth St Harris -bury PA 1711-3 717.236 9540 Housing & RedevelkapmentAutltofity - Cumberland Cnty 114 N HahovvSt;S7E 104 Carlisle- PA 17013 666.663.590? /717.249.0769 -wrnucchr.cvai Pathsrtone Corporation Pennsylvania 1625 North Second St Hatdtbutg PA 1 ?102 ?17234.6616 >V.tin'!ru ra iiC ^_ n-nlnathStet a p.^ htm Pennsylvania Interfaith Community Programs, Inc. 40 1= High St Gettysburg RA 17325 717.334.1519 iintx.adamseha.aro NOTE Marry or the agencies offer v+or cshaps at various location sites; call to find a location near you. Pie port last updated: 4rO/2012 9:03:04 AM Page 1 of 1 U.S. POSTAGE>>PITNEY BOWES Name and STERN & EISENBERG -"' ° ' f ' ° "' ® Address 261 Old York Road -The Pavilion -Ste 410 4�1 AUMM' of Sender Jenkintown, PA 19046 - r O Z2 19046 $ 001.26' In 0001371685 APR 02 2013 Line Article Postage Fee Number 1 * * ** Jason Shoaff 170 Willow Mill Park Road Mechanicsburg, PA 17050 U.S. Po stal 2 * * * * Shawn Shoaff CERTIFIED MAIL,. RECEIPT 170 Willow Mill Park Road o (Do mestic Mechanicsburg, PA 17050 .n For delivery Information visit our website at 3 * * ** f`- i..:; .. „ .,•� r f. i� l 1 • rte, 4 * * * * ul Postage $ Ln ru Certified Fee 5 M Return Receipt Fee Postmg13 C1 (Endorsement Required) V, 6 * * * * PHFA r3 Restricted Delivery Fee (Endorsement Required) PO BOX 8029 ra HARRISBURG, PA 17105 -8029 E:) Total Postage & Fees $ 7 * * ** ru Sent To 8 * * ** o s -- ---- Ho:- "'-- --- Jason Shoaff _______________ et, ApL N orPO Box No. 170 Willow Mill Park Road 9 * * * c;ry State, ZIP+4 "'° Mechanicsburg, PA 17050 PS Form 3800, August rr. See Reverse for Instructions 10 * * ** 11 * * ** Po stal CERTIFIED MAILT. RECEIPT R 12 ( * * ** `n _ P _ L u7 .: 14 * * ** U Postage $ AS Certified Fee ru rt Return 15 RE: Shoaff ACT NOTICE Jti C3 (Endorsement Require C LI a u( ed) Here Total Number of Total Number of Pieces -- master, Per (Name of Receiving 1 Restricted Delivery Fee d ` ' E:3 (Endorsement Required) Pieces Listed by Sender Received at Post Office Employee) r=I M Total Postage & Fees $. ni Sent To a _____________________ Shawn Shoaff 6 Street,Apt.No.; -------------------- or PO BOX No. 170 Willow Mill Park Road city siaie, ziP +a ° Mechanicsburg, PA 17050 ----- °""' °" °" PS Form :r. August 2006 See Reverse tor Instru�tlons FORM 1 c a:: IN THE COURT OF COMMON PLEAS OF `— --- - -; WELLS FARGO BANK, N.A., ET AL I CUMBERLAND COUNTY, PENNSYLVANIA M� c-- Plaintiff(s) 7"1 C. CD CD c vs. - r � C:) �~ -� C = 'r�-r'3. JASON AND SHAWN SHOAFF C ,> v �J Civil Defendant(s) W z; NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PR GRAM I FREE. R spec y s i ed• JULY 9, 2013 f Date Signatu Counse fo plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST OMERIPRIMARY APPLICATIO Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O-BORRO WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: FORM 3 WELLS FARGO BANK, N.A. , ET AL IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. JASON AND SHAWN SHOAFF Defendants) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I. Monthly Amount: 2• Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: .- I/We, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 4 IN THE COURT OF COMMON PLEAS OF WELLS FARGO BANK, N.A. ET AL CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. JASON AND SHAWN SHOAFF Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made maybe extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for. not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff rr Dopr�yy tc1�}a� 1 s Jody S SmithF 20 13 JUL 18 AM . Chief Deputy Richard W Stewart _<r - CUMBERLAND COUNTY Solicitor c� � �..rs �s���trw PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Jason Shoaff(et al.) 2013-3951 SHERIFF'S RETURN OF SERVICE 07/11/2013 08:13 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Jason Shoaff at 170 Willow Mill Park Road, Silver Spring Township, Mechanicsburg, PA 17050. 6 4", ,� - -/'( JA90N KINSLER, DEPUTY 07/11/2013 08:13 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Jason Shoaff, Husband,who accepted as"Adult Person in Charge"for Shawn Shoaff at 170 Willow Mill Park Road, Silver Spring Township, Mechanicsburg, PA 17050. J ON KINSLER, DEPUTY SHERIFF COST: $55.30 SO ANSWERS, July 15, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Tele osoff,inc. F;t L�;p1 M. TROY FREEDMAN, ESQUIRE €(a � � [a STERN & EISENBERG PC RO 1581 Main Street, Suite 200 2013 112 5 PN 1. The Shops at Valley Square Warrington, PA 18976 CUMBERLAND COUNTY (215) 572-8111 PENNSYU>r/ NIA I.D. #85165 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Wells Fargo Bank,N.A., as Trustee for the Pooling And Servicing Agreement Dated as of November 1, 2004 Park Place Securities, Inc. Asset-Backed Pass-Through Certificates Series 2004-WHQ2, by its Servicer, Ocwen Loan Civil Action Number: 13-3951-CIVIL Servicing LLC. v. Jason Shoaff and Shawn Shoaff Defendant(s) ORDER TO SETTLE,DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as settled, discontinued and ended, without prejudice, upon payment of your costs only. STERN & EISENBERG, PC BY: TROY FREEDMAN ttorney for Plaintiff 7/22/2013