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HomeMy WebLinkAbout13-5003 Supreme Cotir�~of >- Pennsylvania COUr of Common Pleas For Prothonotary Use Only: CjVi1�;Cover,She6t i ' , Docket No: CUM8ERLA-N6 County 3 �jV�✓ rl � The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing an service of p leadings or other papers as required by law or rules of court. Commencement of Action: S Q Complaint 0 Writ of Summons El Petition Transfer from Another Jurisdiction El Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T WELLS FARGO BANK, NATIONAL ASSOCIATION GEORGE AND LYNN BADDORF Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? !x' Yes No O 1 (check one) ©x outside arbitration limits N Is this a Class Action Suit? Yes fx' No Is this an MDJAppeal? El Yes El No .A Name of Plaintiff/Appellant's Attorney: ANDREW J. MARLEY Check here if you have no attorney (are a Self- Represented [Pro Se] 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 Intentional i_ Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle Q Debt Collection: Other El Board of Elections Nuisance El Dept. of Transportation Q Premises Liability 0 Statutory Appeal: Other S Q Product Liability (does not include E mass tort) Employment Dispute: 0 Slander/Libel/ Defamation Discrimination C El Other: Employment Dispute: Other Zoning Board T Other: I F-1 Other: 0 MASS TORT n Asbestos N ❑ Tobacco Toxic Tort - DES I Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste i_I Ejectment Other: J ®Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation Q Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY Mortgage Foreclosure: Commercial Quo Warranto Dental Partition - Replevin n Legal Quiet Title Other: 0 Medical Other: n Other Professional: Updated 1 /112011 STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) '# CHRISTINA C. VIOLA, ESQUIRE (308909) AuC p� ANDREW J. MARLEY (312314) ��. STERN &EISENBERG, PC � ; � -L. �� � Y��A ����� I T �� 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND, PA COUNTY Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007 -5, Asset - Backed Certificates, Series 2007 -5, / by its Servicer Ocwen Loan Servicing LLC Civil Action Number: 1 3, 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. George H. Baddorf Jr. COMPLAINT IN 25 Sherwood Cir MORTGAGE FORECLOSURE Enola, PA 17025 -1838 Lynn E. Baddorf 25 Sherwood Cir Enola, PA 17025 -1838 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���, for any other claim or relief requested by the plaintiff. You may lose money or property of other right important to you. Q W � J61 0'?, 7S P 12#�?9y7/v 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) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND, PA COUNTY Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007 -5, Asset - Backed Certificates, Series 2007 -5, by its Servicer Ocwen Loan Servicing LLC Civil Action Number: 13 Soo 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. George H. Baddorf Jr. COMPLAINT IN 25 Sherwood Cir MORTGAGE FORECLOSURE Enola, PA 17025 -1838 Lynn E. Baddorf 25 Sherwood Cir Enola, PA 17025 -1838 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 personally or by attorney and filing in writing falta asentar una comparencia 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 llame por ABOUT HIRING A LAWYER. telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A don de 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) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND, PA COUNTY Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007 -5, Asset - Backed Certificates, Series 2007 -5, by its Servicer Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 Civil Action Number: West Palm Beach, FL 33409 V. George H. Baddorf Jr. COMPLAINT IN 25 Sherwood Cir MORTGAGE FORECLOSURE Enola, PA 17025 -1838 Lynn E. Baddorf 25 Sherwood Cir Enola, PA 17025 -1838 Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007 -5, Asset - Backed Certificates, Series 2007 -5, by its Servicer Ocwen Loan Servicing LLC (hereinafter referred to as "Wells Fargo Bank, National Association 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 George H. Baddorf Jr. and Lynn E. Baddorf, adult individuals with a last - known address of 25 Sherwood Cir, Enola, PA 17025 -1838. 3. On 02/16/2007, George H. Baddorf Jr. and Lynn E. Baddorf executed and delivered to Nations Home Mortgage Corporation A Pennsylvania Corporation a mortgage upon the property located at 25 Sherwood Circle, East Pennsboro, PA (the "Property ") to secure the payment of the sum of $208,000.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland, PA County on 03/08/2007 at Bk No: 1984, Pg No: 2420 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 Nations Home Mortgage Corporation A Pennsylvania Corporation (Originating Lender) as follows: a) Assignment from Nations Home Mortgage Corporation, A Pennsylvania Corporation to Option One Mortgage Corporation, A California Corporation was recorded on 09/11/2007, Inst No: 200735374 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania b) Assignment from Option One Mortgage Corporation to Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007 -5, Asset - Backed Certificates, Series 2007 -5 was recorded on 04/30/2008 at Inst No: 200813950 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. George H. Baddorf Jr. and Lynn E. Baddorf are the real owners of the Property located at 25 Sherwood Circle, East Pennsboro, PA 17025 -1838. 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 $1,831.54 due on November 1, 2012 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE .... ............................... ....................$196,922.95 INTEREST accrued thru 06/21/2013 of .......... .....................$10,392.39 (Interest after 06/21/2013 shall accrue at the per diem rate of $38.58.) LATE CHARGES accrued thru 06/21/2013 of .....................$440.15 (Late charges after 06/21/2013 shall accrue at the monthly rate of $88.03.) ESCROW ADVANCES . ............................... ........................$388.42 FEESBILLED ................ ............................... ........................$943.50 ATTORNEY'S FEE ............................... ............................... $7,000.00 LESS SUSPENSE (If any) . ............................... ....................($1,291.33) TOTAL............................... ............................... ....................$214,796.08 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 Sheriffs 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, National Association 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 $214,796.08 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue over the course of the instant matter and to which Plaintiff is entitled to recover. STE & C BY: ❑ STEVEN K. EISENB , E UIRE ❑ M. TROY FREED QUIRE • JACQUELINE F. LLY, ESQUIRE • LESLIE J. RAS , SQUIRE • LEN M. GARZA, ESQUIRE 0 C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE A Attorney for Plaintiff Date: Geor_ ge H• Baddorf Jr. and Lynn E. Baddorf -25 Sherwood Circle, East Pennsboro, PA VERIFICATION I Pame Ballard , hereby state that I am a(n) C on ' ract M anage.m-pn.tCnnr dl n.atQr of Ocwen Loan Servicing, LLC, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to Ocwen Loan Servicing, LLC for the mortgage loan which is the subject of this action. Ocwen Loan Servicing, LLC maintains and is in control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: _ \ Name: Pamela Ballard Title: Argo Coordinator Wells Argo an , ational Association as Trustee for Option One Mortgage Loan Trust 2007 -5, Asset - Backed Certificates, Series 2007 -5, by its Servicer Ocwen Loan Servicing LLC PREPARED �Y: NATIONS H ME MORTGAGE CORPOR R09:RT P.ZIEGLER 6 EXECUTIVE CAMPUS, 3RD FL00 CHERRY HILL, NJ 08002 REL,RDEP,OF DEEDS AMERICAN ROMETITLEAGFNCY f •s3-RLAUD COUNTY- r 1 9 STOW Roan STE. D 8 RN �$ . MARLTON. NJ 08053 PROPERTY ADDRESS: 25 SHERWOOD CIRCLE, EAST PENNSBORO, PA 17025 -1836 Loan Number. Servicing Number. 002286677.96 -9 NA HO 9 G TO: Parcel Numbs 09 -15- 1288 -149 6 EXECUT II9, 3RD FL00 CHER] ILL, NJ oa9T2 t'S►ime At+a�e 7tr63aee For tim+iLS Damd MORTGAGE THIS MORTGAGE ( "Security bW ument*) is given on February 16, 2007 The mortgagor is GEORGE H BADDORF JR AND LYNN E BADDORF, HIS WIFE (" Borrower'). This Security Instrument is given to NATIONS HOME MORTGAGE CORPORATION, A PENNSYLVANIA CORPORATION which is organized and existing under the laws of PENNSYLVANIA . and whose address I% EXECUTIVE CAMPUS, 3RD FLOOR, CHERRY HILL, NJ 08002 Borrower owes Lender the principal sum of TWO HUNDRED EIGHT THOUSAND ... AND NO /100THs Dollars (U.S. $208,000.00 )• This debt is evidenced by Borrower's note dated the same date as this Security Tmtrument ('Note "). which provides for monthly payments, with the full debt, if not paid earlier, due and payable on March 01, 2037 This Security Instrument secures to Leader: (a) the repayment of the debt evidenced by the Note, with interest. and all renewals. auensiona and modifications of the Note: (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security instr nrtmd: and (e) the performance of Borrower's covenants mid agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage. grant and convey to Laeder the following described property lomW in Cumberland County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF_ PENNSYLVANIA - M t& F=Dy Page 1 of 10 PAD10011.vp (0324-05) M A4 EXHIBIT BK 1984PG2420 Loan Number: 151042229 Servicing Number: 002286796 -4 Date: 02/16/07 which has the address of 25 SHERWOOD CIRCLE, EAST PENNSBORO (9-4 City) Pennsylvania s 17025 -1838 ( "property Address "); (Zip Cads) TOGETHER WITH all the improvements now or hereafter erected on the property. and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Immanent. All of the foregoing is referred to in ibis Security Instrument as the . Property. . BORROWER COVENANTS that Borrower is lawfully seised of the estate thereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is urmramdrered, except for encarmbrences of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. COVENANTS. Borrower and Lender covenant and agree as follows: 1_ Payment of Print 4 1 and hderas4 Preparymmeot and Isle Cberges. Borrower shall ply Pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2- Foods for Taws and 1 —sr once Subject to applicable law or to a written waiver by Leader, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in fall, a sum ( "Funds ") for. (a) yearly taxes and assessments which may attain priority over this Security Indrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property. if say; W yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums. if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called 'Escrow Items." Lender may. at any time, collect and hold Furls in an mount not to exceed the maximum amount a leader for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ( "RESPA "), unless another law that applies to the Fords sets a lesser amount. If so, Lender may. at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Farads shall be held in an institution whose deposits are insured by a federal agency, instrumentality. or entity (including Leader, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Leader pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one -tune charge for an independent real estate tax reporting service used by Leader in connection with this loan, unless applicable law provides otherwise. Unless an agreement is nude or applicable law requires interest to be j paid, Lender shall not be required to pay Borrower any interest or earnings on the Freda. Borrower and Leader may agree in writing, however, that interest shall be paid on the Funds. Leader shall give to Borrower, without charge, am annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. Page 2 of 10 PAD10012.wp(03 -24-05) ,tea rr 8K 1984Pr1242 I Loan Number. 151042229 Servicing Number: 002286796 -4 Date: 02/16/07 If the Furls held by Lender exceed the amounts permitted to be held by applicable law, (ender shall sommt to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, m such ease Borrower shall pay to Lender the amount neommy to take up the deficiency. Borrower shall make up the deficiency in no more then twelve monthly payments, at Leader's sole discretion. Upon payment in full of all sums secured, by this Seemly Instrument, Leader shall promptly refund to Borrower any Funds held by Leader. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or We as a credit against the sums sacred by this Security Instrument. 3. ApplicWoa of Paymtuts. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: fast. to any prepayment charges due wider the Note; second. to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges,; Liles. Borrower shall pay all taxes, assessments. charges, finea and impositions attributable to the Property which may attain priority over this Security Instrument. and leasehold payments or ground rents. if any. Borrower shall pay time obligations In the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furaish to Lender all notices of amounts to be paid under this paragraph. It Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Lnsumnemt unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender (b) contests in good faith the lien by, or defends against enforcement of the Lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secium from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any Part of the Property is subject to a lien which may attain priority over this Security Instrwoest, Leader may give Borrower a notice identifying the lien. Borrower shall satisfy the Lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Inaruaaim Borrower shell keep the improvements now existing or hereafter erected exh the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards. including floods or flooding. for which Lender requires insurance. lids insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance harrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. if Borrower fails to maintain coverage described above, Leader may, at Leader's option. obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lander shall have the right to hold the policies and renewals. U Leader requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, or applicable Law otherwise requires. insurance, proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and then, at Leader's option, in such order and proportion as Leader may determine in its sole and absolute discretion, and regardless of any impairment of s ecur it y or tack thereof: (0 to the sums secured by this Security Instrument. ument. whether or not then due, and to such oomponann thereof as Lender may determine in its sole and absolute discretion; and/or (it) to Borrower to pay the costa and expenses of necessary repairs or Page 3 or 10 PAD10013.wp 10344-05) BK ! 984PG2422 i I Loan Number. 151042229 Servicing Number 002286796 -4 Date: 02/16/07 f restoration of the Property to a condition satisfactory to Lander. If Borrower abandons the Property. or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute discretion. and regardless of any impairment I of security or lack thereof, use the proceeds to repair or restore the Property or to pay the star secured by this Security Imtrtm ant, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums sexraed by this Security Instrument immediately prior to the acquisition. If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such insurance is not specifically required by Leader, then such insurance shall ('a oame Lewder as I foss payee thereunder, and (ii) be subject to the provisions of this paragraph 5. 6.0cm nrcy, Preservation. Main6mance and Protsdion of the Property Boaroaa Lotm Applicstion, I Ieaeholds. Borrower acknowledges that the Lender does not desire to make a loan to Borrower served by this i property on the terms contained in the Norte unless the property is to be occupied by Borrower as Borrower's primary /secondary residence. Lender makes non -owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this property as Borrower's primary /secondary residence and that Borrower will so occupy this property as its sole primary /secondary residence within sixty (60) days after the date of the Security Instrument. If Borrower breaches this promise to oaarpy the property as Borrowers Primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies Provided in the Security Instrument: (1) Dw1we all arms secured by the Security Instrtmrent due and payable end foreclose the Security Instrtanent, (2) Decrease the term of the loan and adjust the monthly payments under the Note accordingly, increase the interest rare and adjust the monthly payments under the Note accordingly. or (3) require that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on non -owner occupied loans. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding. whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture a of the Property or otherwise materially impair the lien created by this Seem* Ircatnmrerht or Leader's security interest. Borrower may are such a default and reinstate, as provided in paragaph 18. by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or ineoarrate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but rat ('united to. representations concerning Borrower's oearpancy of the Property as a principal residence. 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. Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding Purporting to affect the Property or any portion thereof or Borrower's title thereto, the validity or priority of the lien created by this Security Instrument, or the rights or powers of Lander with respect to this Security Irsuume nt or the Property. All causes of action of Borrower, whether accrued before or aPoa the date of this Security Instrument. for damage or injury to the Property or any part thereof. or in connection with any transaction financed in whole or in part by the proceeds of the Note or any other rate secured by this Security Instrument, by Lender, or in connection with or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of Prge 4 of 10 PADI0014.wp (0141-05) e�Ta� BK 1984PG2423 Loan number: 151042229 Servicing Number. 002286796 -4 Dates 02/16/07 action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof shall be paid directly to Lender who. after deducting therefrom all its expenses, Including reasonable attorneys' fees. may apply such proceeds to the sums secured by this seem* Instrument or to any deficiency tender this Security Instrument or may release any monies so received by it or Say part thereof. as Louder may eted. Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any Such cause of action and may make any compromise or settlernerd thereof. Borrower Agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lander shall request. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covemanu and agreements contained in this Security Instrument. or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy. probate. for condemnation or forfeiture or to enforce laws or regulations). then Leader may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Leader's actions may include paying any sums secured by a lien which has priority over this Security Instrument. appearing in court. paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other term of payment, these amounts shall bear interest from the date of disbursement at the Note rite in effect from time to time and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment. & MortEa®e.Yas<aaaoe. If Leader requited mortgage insurance as a condition of maldag the loan Secured by this Security Instrument, Borrower shall pay the premiums required to mairusin the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a son equal to one - twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. . The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lander. Leader may apply. use or release the camdeuhation proceeds in the sane manner as provided in paragraph 5 hereof with respect'to insurance proceeds. If the Property is abarndoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a darts for damages. Borrower fails to respond to Leader within 30 days after the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option, ether to restoration or repair of the Property or to the arms sacred by this Security Instrument, whether or of then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of. the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. FW 5 0110 PA1)10015.rp (tU -24-a S A& OKI984PG2424 Loan Number: 151042229 Servicing Number: 002286796 -4 Date: 02/16/07 11. Borrower Not Released; Foebemnooe By Icuder Not a WaiwQ Extension of the time for payment or modification of amortization of the stuns secured by this Security Instnlmesd granted by Lender to any suooesaor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's Vicomors in interest. leader shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the seats seamed by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Sauoorsaora amd Atop& Bound; Joint and Smeng 1AWbBity; Co wpoem The covenants and agreements of this Security Instrument shall bind and benefit the smocessors and assigns of lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security In sumnent but does not execute the Note: (a) is co- sighing this Security Instrtmreot only to mortgage, grant and convey that Borrower's interest in the Property under the teens of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument: and (c) agrees that Lender and any other Borrower may agree to extend. modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's eonient. 13. Loan Cbcrge L If the loan secured by this Security Instrument is subject to a taw which sets maximtmt loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any scups already collected from Borrower which exceeded permitted limits will be re=funded to Borrower. leader may Moose to make this refound by reducing the principal owed under the Note or by and &g a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by trailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Govormins Lary, Sevettrbitity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the even that any provision or clause of this Security Instrument or the Note conflicts with applic able law, such conflict shall not affect other provisions of this Security ity Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one confomted copy of the Note and of this Security Instrtmrent- 17. Tranater of the Property or a Bu>tr kWl Imee! im Bormmer. If all or any past of the Property or any interest in it is sold or transferred (or if a beneficial interest In Borrower is sold or uw&ermd and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of aA slums secured by this Security Instrument. However, this option shall not be exercised by Leader if exercise is prohibited by federal law as of the date of this Security Instrument. If lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days frorn the date the notice is delivered or mailed within which Borrower roust pay all sums secured by this Security Instrument. If Borrower fails to pay these suns prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further ratite or demand on Borrower. Page 6 of 10 f PAD10016.wp (01.2405) 8KI984PG242'5 Loan Number. 151042229 Servicing Number: 002286796 -4 Date; 02/16/07 18. Bonowees Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrum em. discattimtad at any time prior to the earlier of: (sa) 5 days (or such other period as applicable law may specify for refivAtesnent) before sale of the Property pursuant to any power of sale contained in this Security Instrument, or (b) entry of a judgment enforcing this Security Instrument. 'those conditions are that Borrower: (a) pays Lender all amps which then would be due under this Security Instrument and the Note as if no aocelermion had occurred; (b) aces any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Insonrnet. including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security hatrumert, Lender's rights in the Property and Borrower's obligation to pay the sums seari+ed by this Security Instrument shall continue unchanged. upon reinstatement by Borrower, this Security Instrument and the obligations segued hereby shall remain fully effective as if no acceleration bad oocurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Nabs; Charge of Low Serviow. The Note or a partial interest in the Nate {together with Chia Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity gmown as the "Loan Servieer") that collects monthly payments due under the Now and this Security Instrument. 'There also may be one or more changes of the Linn Scr doer unrelated to a sale of the Note. If there is a change of the Loan Servioer, Borrower will be given written notice of the change in aocordaaee with paragraph 14 above and applicable law. The notice will stale the name and address of the new Loam Seavicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder. 20. Hartsrdwm Suba4om- Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence. use, or storage on the Property of small quantities of Hazardous Substanxxs that are generally recognized to be appropriate to normal residential uses zed to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any govmunental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has acnal knowledge. If Borrower learns, or is notified by any govermnetd or regulatory authority, that any removal or other rmediation of any Ham dour Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in soeordeoce with Environmental Law. Borrower shall be solely responsible for, shall indemnify. defend and hold !Harmless I mder, its directors, Officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands. causes of action. loss. damage. cost (including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation Of any Josue, abalarket. containment. remedial or other (required plan). expenses and liability directly or indirectly arising out of or attributable to (a) the use, generation. storage, release. threatened release, discharge, disposal abatement or presence of Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any Hazardous Substances, (c) the violation of any Hazardous Subsunces law. and (d) any Hazardous Substances claims. As used in this paragraph 20, "Hazardous Substances' are those substances defined as toxic or hazardous substances 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. As used in this paragraph 20. "Enviro umental Law" means federal laws and taws of the jurisdiction where the Property is located that relate to health. safety or environmental protection. ADDITIONAL COVENANTS. Borrower and Leader further covenant and agree as follows: 21. Acoustics; Rsmad m If my ineaiimod under the Nose or noes soared hereby is not paid when date, or if Borrower should be in elafmh tinder say pao►ialsaof this Security Imtnameet, ar if Boarosm is is dda dt radar my other meBgrz or ahem imamamt neared by the Property. afl a®s secured by tt" Secarky hWxaamt and accrued Inseams thmacur aball at once heexa®e doe and payable at the upd= of Index a'If u prior melee, except as otharwift requh by Im and g of Page 7 of 10 PAD10017.Hwp (OSZ44M Q 7'� (f BK1984PG2426 Loan Number. 151042229 Servicing Number. 002286796 -4 Date: 02/16/07 my prior fnabarvane In aunt event. Lender, et its option, sad mi*ci to applicable Few.. mq fits or dwaaLter invoke the power of ante and/or any other r ; or tdae a" other actions pertosietal by appFiaiale law. Leads Will collect all esrpetues incurred in ptwtttiog the nemedea eleraaibed in tlra P r of 211. a 5 bu>t not ruabod to. ramoe6ble amorneya' fees ands a of titleevidaooe, 22. Rele Upon payment of all suns secured by this Security Instrument, Lender shall release this property without warrattty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of the fee is permitted under applicable law.- 23. Waives. Borrower. to the adept 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 laws providing for stay of execution. extension of tithe, exemption from attachment, ant, levy and sale, and homestead exemption. Z4. Remstalamarr Period. Borrower's tune to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other ado pursuant to this Security Insrrumeu. 25. Purchase Money Bfintgage. If any of the debt segued by this Security Ltstrtiment is lent to Borrower to acquire title to the Property. this Security Instrwriert shall be a purchase money mortgage. 26. Interest Rata After Judgment. Borrower agrees that the interest rate payable after a judgement is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. A mMation and Non&wlosme. Borrower has made certain written representations and disclusenes in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact. Lender. ..at its option and without prior notice or demand, shall have the right to declare the irdebledness severed by this Security Instrument, irrespective of the maturity date specified in the Note or notes am-red by this Security Instrument, immediately due and payable. 28. Time is of the Sage. Time is of the essence in the performance of each provision of this Security Instrument. 29. Waiver of Statute Of LimktSiorrs. The pleading of the statute of limitations as a defense to enforoemera of this Security Instrument, or any and dll obligations referred to herein or secured hereby, is hereby waived to the fullest extent p6initted by applicable law. 30. Modificatims.'Ilds Security InstnmW nt may be modified or amended only by an allmDenL in writing signed by Borrower and Leader. 31. Re3mburaemeu, To the extent permitted by applicable law, Borrower shall reimburse Trustee and Leader for any and all costa, fees and expenses which either may incur. ea%wW or sustain in the exe minion of the trust created hereunder or in the performance of any ad required or permitted hereunder or by law or in equity or Otherwise arising out of or in connection with this Security Inatmmxm. the Note, any other note warred by this Security Instnanent or any other instrument executed by Borrower in connection with the Note or Security Instmnnent. To the extent permitted by applicable new. Borrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including, but not limited to assumption application foes; fees for payoff demands and, statenents of loan balance; fees for making, truwmitting and uaroporting copies of loan documents. verifications, full or partial lien releases and other documents requested by borrower or necessary for performance of Larder's rights or duties under this Security Insumneot; fees Vising from a returned or dishonored check; fees to determine whether the Property is ocexepied, protocW, maintained or insured or related purposes; appraisal foes. Inspection fees. legal fees. broker few. insurance mid -teen substitutions, repair expenses, foreclosure foes and costs arising from foreclosure of the Property and protection of the security for this Security Innstrtmuert; and all other Page 8 of 10 PAD10018.vp (03-74-05) a ll BK i 984PG2427 Loan Number. 151042229 Servicing Number: 002286796 -4 Date: 02/16/07 fees and costs of a similar nature not otherwise prohibited by law. Permitted by applicable law. Borrower shall pay to Lender their fees in connection with Lender providing documents or services arising out of or in connection with this Security Instrwnent. the Note, any other note secured by this Security instrument or any other iltstrumesnt executed by Borrower in connection with the Note or Security Instrument. 32. Clerical Error. In the event Lender at any time discovers that the Note, any other mote secured by this Security Instrument, the Security Instrument. or any other document or instrument executed in connection with the Security Instrument. Note or notes contains an error that was caused by a clerical mistake, calculation error. computer malfunction, printing error or similar error, Borrower agrees, upon notice from Lender, to re-e xemw any documents that are necessary to correct, any such error(s). Borrower further agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any suet error. 33. Loci Stolen, DestroyedorlUkAil4ad Samity LxAru znt=d O9wDcc=wgL in the event of the loss, theft or destruction of the Note, any other note secured by this Security Instrument. the Security Instrument or any other documents or insb=ients executed in connection with the Security btstrume nt, Note or not (collectively, the "Loan Documents'), upon Borrower's receipt of an indemnification executed in favor of Borrower by Under, or, in the event of the mutilation of any of the Loan Docunens, upon Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and deliver to lender a Loan Document in form and content identical to. and to serve as a replacement of, the lost, stolen, destroyed. or mutilated Loan document, and such replacement shall have the same force and effect as the lost, stolen, destroyed. or mutilated Loan Doc inenns, and may be treated for all purposes as the original copy of such Loam Document. 34. Assignment of Re als. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. Borrower shall have the right to collect and retain the rents of the Property as they become due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured by this Security instrwnernt and Borrower has not abandoned the Property. 35. Riders to this Security InstrunumL If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider ndudl be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)) El Adjustable Rate Rider ❑ Condominium Rider ❑ I-4 Family Rider ❑ No Prepayment Penalty Option Rides ❑ Planned Unit De:veloptnent Rider ❑ Occupancy Rider ❑ Other(s) (specify) ❑ Page 9 of 10 PAD10019.wp (0}44*M A* BK 1-984PG2428 Loan Number: 151042229 Servicing Number: 002286796 -4 Date: 02 /16/07 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses- (SetA -Borrower -Borrower (SrxU (Se4 LYNN E BADDORF - Borrower _Bormwer V�11. . I AP . �) (Seto (Selo GE GE H BAD Borrower .Borrower CatiSate of Residence [, J o4 nn C V'G ( - f v{ do hereby certify that the correct address of the within- narned Mortgagee is 6 EXECUTIVE CAMPUS, 3RD FLOOR, CHERRY ILL, NJ 08002 Witness my hand this day of -' - � , _ J A of ortgagee COKWMWEALTH OF PROISYLVANW �/Ih� � Cbarty as: On this, the of F_e� a0. before me, the uadasigned officer, personally d 20 2 y l- r nn E Ba known to me (or satisfactan4 proven) to be preraons wbose nameg QM subscribed to the that within instrument and acknowledged e_ executed the same for the purposes herein contained. IN WITNESS WHEnOF, I hereunto set my hand and official seal. My Commisaion Expires: rrac of otBoer M Page 10 of In cww} PADIOM.wp (03 -24-05) tf OfJttiW �� vgrrosAat4�+ �t a . BK 1984PG2429 Loan Number. 151042229 Servicing Number. 002286796 -4 Date: 02/16/07 ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made February 16, 2007 and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust or Security Deed ( the "Security Instrument") of the same date given by the amderaigned (the "Borrower ") to Secure Borrower's Adjustable Rate Now (the "Note ") to NATIONS HOME MORTGAGE CORPORATION, A PENNSYLVANIA CORPORATION ( the "Lender") of the same date and covering the property descr in the Security Instrument and located at: 25 .SMMWOOD CIRCLE, EAST PENNSBORO, PA 17025 -1838 MOMW Addmul THH N O TECONTAINSPROV ISIONSALLOWMFORCWMCMICNTM 4'nW= RATE AND TSB MOAn1;ILY PAYBMT. THE pf0TE LlidM THE AMOUNT THE BORROWERIS INIU B3T RATE CAN CHANM AT ANY ONE MIE AND MiM MAXI IM RATS THE BORROWER MUST PAY. ADDITIONAL COVJRWM. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender farther covenant and agree as follows: The Note provides for an initial interest rate of 10.720% . The Note provides for changes in the interest rate and the monthly payments. as follows: 4. INfBRS, r RATE AND MONTHLY pAyMMr CHANM (N Change Dd., The interest rate I will Pay may change on the first day of March 01 2009 and on that day every sixth month thereafter. Each date on which my interest We could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an index. The 'Index" is the average of interbank offered rates for six-month U.S, dollardenomirnned deposits in the London market (" LIBOR ") as published in 77m Wall S&va Jorwaal: The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Charge Date occurs is called the "Currant index." If the Index is no longer available. the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Cdoulat m of Changes Before-each C7hange.Date, the Nate Holder will calculate my new interest rate by adding SIX ;AND 65/100 parentage Poin(s) ( 6.650$ ) to the Currant Irhdex. The Note Holder will then round the result of this addition to the next higher one- eighth of one percerttw point (0.12596). Subject to the limits stated in Section 4(D) below, this rounded amount wilt MUL=rATE AIAUSI'AB E RATE RIDB1t4JDM Rj=- SsS6 ps.1y Page 1 of 3 USR10021 M2- 23-99) BK 1'984PG2430 Loan Number: 151042229 Servicing Number: 002286796 -4 Date: 02/16/07 be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Dale at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) 11-4- on Inured Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 13.7208 or less than 6.6508 .17rereefter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.046) from the rate of interest I have been paying for the preceding six months. In no event will my interest rate be greater than 16.7208 or less than 6.6508 00 Flfeefte Date of Chowis My new interest rate will become effective on each Change Date. I will pay the ar xxxit of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. CP) Notice of Chwees The Note 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 change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. TRANSM OF TIM PROPBRT'Y OR A BEi(7AL MffiffiT IN BORROWER Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Eatered in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender array, at its option, require immediate payment in full of all sums secured by this Security Instcmme t. However, this option shall not be exercised by Leader if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being merle 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 branch of any covenarn or agree merit in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lauder may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lander may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the prormaes and agreements made in the Note and in this Security Instrument, Borrower will continue to be obligated order the Note and this Security bsn m ant unless Lauder releases Borrower in writing. If Lander exercises the option to require immediate payment in full. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these stun prior to the expiration of this period, Lender niay invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTWATS Al' AWAl3t.B RATS RMER4A C1R DWW[ -8jr* PYm3r Page 2 of 3 l` USR10a22 MZ- 23-99) I BK 1984PG2431 1 "n Number. 151042229 Servicing Nu nber: 002286796 -4 Date.. 02/16/07 BY SIGNING BELOW, Borrower incepts and agrees to the terms and 00veaanta contained in this Adjustable Rate Rider. E BADDORF iV �(q G MH ADDO . tSoaU (Beall Pap 3 srwtswwosrwst sitwzs ttma >c at , r�r Page 3 of 3 USR=3 (02.23.99) I Certify this to be recorded In Cumberland County pq Recorder of Deeds BK ! 984PG2432 * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY File No. AFTf -15421 SCHEDULE C ALI, that certain lot, piece or parcel of land, with the buildings and improvements thercon erected, situate, lying mid being in East Pennsboro Township, in the County of Cumberland, Commonwealth of PA: bounded and described as follows: Beginning at the point of intersection on the western line of Sherwood Circle and the line of adjoiner between Lots 48 and 49 on the hereinafter mentioned Plan of Lots; thence by said line of 40b= South 71 degrees 55 minutes East by said line of adjoiner 130.00 fed to a point; thence North 18 degrees 5 minutes West 6232 fod to a point; thence by the southern line of Lot 47 North 37 degrees 30 minutes 48 seconds West 130.00 feet to a point on the Western line of Elmwood Circle, thence by the western line of Sherwood Circle on a curve to the right with a radius of 130.00 fed for a distance of 32.60 fed to a point; thence by same South 14 degrees 5 minutes East 62.32 feet to the point and place of beginning. Being known as Lot 48 on Final Subdivision Plan No. 4 of Sherwood Park as recorded in the Cumberland County Recorder's Office in Plan Book 99, Page ISO. FOR INFORMATION PURPOSES ONLY: BEING Known as Parcel # 09-15- 1288.149. Commonly known as 25 Sherwood Circle. 8K 1984PG2433 STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: May 8, 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 T_.TH: 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 1NMEDITAMENTE 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 1. HOMEOWNER'S NAME(S): George H. Baddorf, Jr. PROPERTY ADDRESS: 25 Sherwood Circle, East Pen isboro, PA 17025 -1838. MAILING ADDRESS: 25 Sherwood Cir, Enola, PA 17025 -1838 LOAN ACCT. NO.: ORIGINAL LENDER: Nations Home Mortgage Corporation, a Pennsylvania Corporation. CURRENT LENDER/SERVICER: Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007 -5, Asset - Backed Certificates, Series 2007 -5, by its Attorney -in -fact Homeward Residential, Inc 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: * 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 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 immediately 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: 25 Sherwood Circle, East Pennsboro, 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 November 1, 2012 through and including May 8, 2013 as follows: Payments of $1,467.17 due on 11/01/2012 through and including 12/01/2012, inthe amount of ................ ............................... ......................$2,934.34 Payments of $1,467.17 due on 01/01/2013 through and including 03/01/2013 inthe amount of ................ ............................... ......................$4,401.51 Payments of $1,420.31 due on 04/01/2013 through and including 05/01/2013 inthe amount of ................ ............................... ......................$2,840.62 Other charges (explain/itemize): Latecharges: .......................................................................... $440.15 Feesbilled ....................... ............................... ........................$641.00 Other charges ( explain) ... ............................... ........................$388.42 Escrow Advance Less suspense ...................... ............................... ....................($1,291.33) TOTAL AMOUNT PAST DUE: .................................................... $10,354.71 - - 13. Reserved for items other t ari amounts set bit i iri 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 $10,354.71, 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: 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 (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortaalzed P rope rty. 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 } r 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, y2u 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 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 Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such 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, National Association as Trustee, by its Attorney -in -fact Homeward Residential, Inc 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 DEFENSEYOUBELIEVE YOU MAY HAVE - TO - SUCI— `: - ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STE . $ & EI ENB G BY: fern & Eii�renberg, PC 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. 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. CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334 -1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888 - 511 -2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232 -9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232 -2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762 -3285 PHFA 211 North Front Street Harrisburg, PA 17110 800 - 342 -2397 STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: May 8, 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 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): Lyrm E. Baddorf PROPERTY ADDRESS: 25 Sherwood Circle, East Pennsboro, PA 17025 -1838. MAILING ADDRESS: 2S Sherwood Cir, Enola, PA 17025 -1838 LOAN ACCT. NO.: ORIGINAL LENDER: Nations Home Mortgage Corporation, a Pennsylvania Corporation. CURRENT LENDER/SERVICER: Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007 -5, Asset - Backed Certificates, Series 2007 -5, by its Attorney -in -fact Homeward Residential, Inc 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: H IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND 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 immediately 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 JS , EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds fog° emergency mortgage assistance are vefy 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: 25 Sherwood Circle, East Pennsboro, 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 November 1, 2012 through and including May 8, 2013 as follows: Payments of $1,467.17 due on 11/01/2012 through and including 12/01/2012, inthe amount of ................ ............................... ......................$2,934.34 Payments of $1,467.17 due on 01/01/2013 through and including 03/01/2013 inthe amount of ................ ............................... ......................$4,401.51 Payments of $1,420.31 due on 04/01/2013 through and including 05/01/2013 inthe amount of ................ ............................... ......................$2,840.62 Other charges (explain/itemize): Latecharges: .......................................................................... $440.15 Feesbilled ....................... ............................... ........................$641.00 Other charges ( explain ) ......................... $ .. ............................... 388.42 Escrow Advance Lesssuspense ...................... ............................... ....................($1,291.33) TOTAL AMOUNT PAST DUE: .................................................... $10,354.71 _.. _ 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 $10,354.71, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYPERIOD. 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 (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged 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, you 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, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such 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, National Association as Trustee, by its Attorney -in -fact Homeward Residential, Inc 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 fiunishings 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, Sp" & - SE l PC /! B /i tern isenberg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUEST ' D 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. 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. C CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334 -1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888 - 511 -2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232 -9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717).232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762 -3285 PHFA 211 North Front Street Harrisburg, PA 17110 800 - 342 -2397 p+' U.S. POSTAGE)' PITNEY80WES Name and STERN & EISENBERG Address 261 Old York Road -The Pavilion -Ste 410 of Sender Jenkintown, PA 19046 • '�{`f -f ZIP 19046 $ 001 .26 ' 02 1w n n1371C)95, JiAY. 08, 2013 Line Article Postage Fee Number 1 * * ** George H. Baddorf, Jr. 25 Sherwood Circle�w East Pennsboro, PA 17025 an] 2 * * * * Lynn E. Baddorf C3 25 Sherwood Circle Ln C3 East Pennsboro, PA 17025 r € f 1 3 * * ** o' ..D Q Postage $ * * ** ru t 4 Certified Fee \� nj l � 0 Return Receipt Fee Postmark 5 * * ** °O (Endorsement Required) ` Here Restricted Delivery Fee (Endorsement Required) 6 * ** * PHFA ° PO BOX 8029 Total Postage & Fees p -- HARRISBURG, PA 17105 -8029 Sent To 7 * * * * George H. Baddorf, Jr. ..................... ° or Box No. 25 Sherwood Circle 8 ziP +a - - - -- East Pennsboro, PA 17025 9 * * ** MAIM 12 Ln * * ** C3 13 Q' * * ** Q" Postage $ 14 * * ** ti Certified Fee N/ p ° Return Receipt Fee v Postmark (Endorsement Required) Here \ 15 RE: Baddorf ACT NOTICE °o i Restricted Delivery Fee ��;/ ; r'' Total Number of Total Number of Pieces Post stedrP me of a iving ° (Endorsement Required) Pieces Listed b S nd Received at Post Ofd' a Em to ° _111 Total Postage & Fees a fti I Sent To ' Street, ApC No.; Lynn E. Baddorf ------------------------ ° orPOeoxNo. 25 Sherwood Circle t c76 State, ziP +a - -- East Pennsboro, PA 17025 - Wells Fargo Bank, National Association as IN THE COURT OF COMMON Trustee for Option One Mortgage Loan Trust PLEAS OF CUMBERLAND 2007 -5, Asset - Backed Certificates, Series 2007 -5, COUNTY, PENNSYLVANIA, by its Servicer Ocwen Loan Servicing LLC , , :' Plaintiff COMPLAINT IN r V. MORTGAGE FORECLOSURE aL George H. Baddorf Jr. Lynn E. Baddorf Civil D Z Defendant(s) 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 th is 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 that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conci liation 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 TIDS NOTICE. TI.DS PROGRAM IS FREE. Respecttlk submi d: Date: 8/21/13 [Agfrature of Counsel for Pla' iff] Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust IN THE COURT OF COMMON 2007 -5, Asset - Backed Certificates, Series 2007 -5, PLEAS OF CUMBERLAND by its Servicer Ocwen Loan Servicing LLC COUNTY, PENNSYLVANIA Plaintiff V. COMPLAINT IN George H. Baddorf Jr. MORTGAGE FORECLOSURE Lynn E. Baddorf Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2013 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 false 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: ........ . .... . ....... . 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: CLIST01ME10 APPLICA.V17 Borrower name(s). Property Address City: State: Zip: Is the property for sale? Yes F1 No[] Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes n No ❑ Mailing Address (if different); City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: of people in household: How long? Mailing Address: City: StateZip: Phone Numbers: Home: Office: Cell: Other: Emak # 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: Inan Niimher .....___.. _ ....... ....... If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ Investments: $ $ Checking: $ $ Savings: $ Other: $ $ Automobile #l: Model: Year: I 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: I, 2. 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 Mortea e I Food 2" Mort a e Utilities Car Payment(s) I Condo./Neigh, Fees I Auto Insurance Med not covered Auto fueVre airs ;Other ro . a jment Install. Loan Payment Cable TV Child Su rt /Alim. Spending Money Da ,'Child Careffuit. ` Odaer Expenses Amount. Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application. for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ® No [I If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes []. No [] If yes, please indicate the status of those negotiations: Please provide the following information, if know your lender or lender's loan servicing company Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: IiAve, , authorize the above named to nselrefer this information to my lenderisenricer for the sole purpose of evaluating my financial situation for possible mortgage options. IAVe understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Siena* Date Please forward this document along with the following information to lender and lender's counsel; V Proof of income Vrr Past 2 bank statements V Proof of any expected. income for the last 45 days V Copy o €a_currenf utility bill 1' Letter explaining reason for.d.ehquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff f _�y�0^`�' �`fi.?r�,_ ga1S1V 6q lC�f� C ftxf E,;" 1 rl E P R U f H 0 H V � k R Jody S Smith Chief Deputy 'l 2013 SEP I I are 10: 19 Richard W Stewart Solicitor OFF)CEOFT11,,,ESFERIFF CUMBERLAND Cowry PENNSYLVANIA Wells Fargo Bank, N.A. vs. Case Number George H Baddorf(et al.) 2013-5003 SHERIFF'S RETURN OF SERVICE 08/29/2013 01:30 PM-Sergeant Bryan Ward 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: George H Baddorf at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. BRYAN D. W , DEPUTY 08/30/2013 01:35 PM -Sergent Jason Vioral 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: Lynn E Baddorf at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. JAr1q-SWERS,10 L, DEPUTY SHERIFF COST: $44.00 S August 30, 2013 RbNW R ANDERSON, SHERIFF ic)CountySuite Sheriff,Teleosoft,Inc. t ANDREW J, MARLEY, ESQUIRE OTk iais STERN & EISENBERG PC i 5 Pd 3 4 1581 Main Street, Suite 200 C i 4' The Shops at Valley Square Warrington, PA 18976 EtAtASY (215) 572-8111 I.D. #312314 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Wells Fargo Bank,National Association as Trustee for Option One Mortgage Loan Trust 2007-5, Asset-Backed Certificates, Series 2007-5, by its Servicer Ocwen Loan Servicing LLC Civil Action Number: 13-5003-CIVIL v. George H. Baddorf Jr. Lynn E. Baddorf 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 & EISENBER PC BY: • 4 REW J, M• Attorney for P . f 10/9/2013