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HomeMy WebLinkAbout13-5215 Supreme Court.of Pennsylvania Couof Com on Pleas di wvCOwr, S heet For Protlr onatart: Use Only: CUMBERI:�AND� r County Docket No: \ `r � r �� 77te iz formation collected ot7 this fot•nz iy used solely for colu•t adtztinistration ptnposey. .This fortzt does not supplement or replace the filing and service of pleodin,s or• other-papers os required by low or r ales• of cozily. FBAC ent of Action: t El Writ of Summons ❑ Petitionom Another Jurisdiction El Declaration of Takin S s Name: Lead Defendant's Name: E ERICA, N.A., SUCCESSOR BY Jennifer A. Black, et al C BAC HOME LOANS SERVICING, T LP FKA COUNTRYWIDE HOME LOANS I SERVICING, LP O Dollar Amount Requested: N Are money damages requested? ❑ Yes ® No q El within arbitration limits check one ❑ outside arbitration limits A Is this a Class Action Suit? ❑Yes ® No is this an AIDJAppeal? ❑ Yes ® No Name of Plaintiff/Appellant's Attorney: Patrick J. Wesner, Esquire ❑ Check here if you have no attorney (are a Self - Represented [Po Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that y ou consider most im ortant. TORT (do not include Mass Tort) CONTRACT (do not include judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff El Malicious A Malicious Prosecution Agencies ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Nuisance ❑ Debt Collection: Other ❑ Board of Elections ❑ Premises Liability ❑ Dept. of Transportation ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) ❑ Employment Dispute: S ❑ Slander/Libel/Defamation Discrimination ❑ Other: E ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T MASS TORT r _ _ . -_ - I ❑ Asbestos ❑Other. Q ❑ Tobacco N ❑ Toxic Tort — DES ❑ Toxic Tort - implant REAL PROPERTY MISCELLANEOUS B ❑ Toxic Waste El Ejectment Common Law /Statutory Arbitration El Other: El Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ® Mortgage Foreclosure: Residential Restraining Order El El Mortgage Foreclosure: Commercial ❑ Quo Warranto I ❑ Legal ❑ Partition El Replevin g ❑ Quiet Title ❑ Medical El Other: ❑ Other: j ❑ Other Professional: -I~ I I-£-Fin-OFF I CE OF THE PROTHONOTARY MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire 201 SEf — 5 AM 10: 31 ID No. 203145 CUMBERLAND COUNTY 220 Lake Drive East, Suite 301 PENNSYLVANIA Cherry Hill, NJ 08002 (856) 482 -1400 Attorney for Plaintiff File: 45.27238 BANK OF AMERICA, N.A., SUCCESSOR ; COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 Corporate Drive Plano, TX 75024, < , No.: )� S�)S IUl Plaintiff, CIVIL ACTION/RESIDENTIAL OWNER Vs. OCCUPIED MORTGAGE FORECLOSURE Jennifer A. Black 2834 Ritner Hwy Penn Township, PA 17013, and Bret G. Black 2834 Ritner Hwy Penn Township, PA 17013, Defendants � Q 9 NOTICE J You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800 - 990 -9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482 -1400 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 Corporate Drive Plano, TX 75024, No.: Plaintiff, CIVIL ACTIONIRESIDENTIAL OWNER OCCUPIED MORTGAGE Vs. FORECLOSURE i Jennifer A. Black 2834 Ritner Hwy Penn Township, PA 17013, and Bret G. Black 2834 Ritner Hwy Penn Township, PA 17013, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP (the "Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place.of business at 7105 Corporate Drive, Plano, TX 75024. 2. Defendants Jennifer A. Black and Bret G. Black, (collectively, the "Defendants "), are adult individuals and are the real owners of the premises hereinafter described by virtue of a Deed dated March 16, 2004, recorded March 1, 8, 2004 in Deed Book 262, Page 511, Instrument 2004 - 009400. The Deed is attached hereto as Exhibit "A" and made a part hereof. 3. Defendant Jennifer A. Black, upon information and belief, resides at 2834 Ritner Hwy, Penn Township, PA 17013. Defendant Bret G. Black, upon information and belief, resides at 2834 Ritner Hwy, Penn Township, PA 17013. 4. On November 9, 2004, in consideration of a loan in the principal amount of $216,750.00, the Defendants executed and delivered to Advanced Financial Services, Inc. a note (the "Note ") with interest :thereon at 6.375 percent per annum, payable as to the principal and interest in equal monthly installments of $1,352.24 commencing January 1, 2005. Bank of America, N.A. Noteholder, directly or through an agent, has possession of the Promissory Note. The Promissory Note has been duly endorsed. The Note is attached hereto as Exhibit `B" and made a part hereof. 5. A Loan Modification Agreement was modified on or about February 1, 2010 between the Defendants (the "Borrower ") and BAC Home Loans Servicing, LP (the "Lender ") to increase the unpaid principal balance due on the Note to $208,281.83, consisting of the amount(s) loaned to Borrower by the Lender which may include, but not limited to, any past due principal payments, interest, fees and/or costs capitalized. Effective January 1, 2010 the interest rate decreased to 2.000 percent per annum. The Loan Modification Agreement is attached hereto as Exhibit "C" and made a part hereof 6. To secure the obligations under the Note, the Defendants executed and delivered to a mortgage (the "Mortgage ") dated November 9, 2004, recorded on November 12, 2004 in the Department of Records in and for the County of Cumberland under Mortgage Book 1887, Page 3450. The Mortgage is attached hereto as Exhibit "D" and made a part hereof. 7. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded October 11, 2011 under Instrument 201127999. The recorded Assignment of Mortgage is attached hereto as Exhibit "E" and made a part hereof. 8. The Mortgage secures the following real property (the "Mortgaged Premises "): 2834 Ritner Hwy, Penn Township, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "F" and made a part hereof. 9. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2012, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 10. The following amounts are due on the Mortgage and Note: Principal Balance ................ ....................$195,704.82 Accrued but Unpaid Interest from 11/1/12 to 7/31/13 .................. ......................$2,931.07 Assessed Late Charges ........... ........................$169.15 Expedited PO Svc Fee ............. .........................$30.00 Escrow Advances .................. ......................$1,902.91 Property Inspections ............... ........................$157.61 Partial/ Suspense ................ ............................... $67.61 TOTAL as of 07/31/2013 .... ....................$200,827.95 Plus, the following amounts accrued after July 31, 2013: Interest at the Rate of 2.000 percent per annum ($10.7235 per diem); Late Charges per month if applicable. 11. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ( "Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 2834 Ritner Hwy, Penn Township, PA 17013 on April 12, 2013, the notice pursuant to § 403 -C of Act 91, and the applicable time periods therein have expired. The Act Notices are attached - hereto as Exhibit "G" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 10, namely, $200,827.95, plus the following amounts accruing after July 31, 2013, to the date of judgment: (a) interest of $10.7235 per day, (b) late charges per month if applicable, (c) plus interest at the legal. rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & A OCI ES, LLC Date: is Patrick J. Wesner, �s ui e ntiff Attorney for Plai VERIFICATION �rla., f¢ nl�iul,A /i�uope,� , hereby states that he /she is 4ss Prcascich t of BANK OF AMERICA, N-A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. i Name: NFooPe Title: clst�a�pn� v %c.� Pces;v4K4- DATE: A"cq f 21, Z o / 3 File #: 45.27238 Name: Jennifer A. Black Bret G. Black Exhibit A CN o 0 SQL, T P Z :7GLEZ R EEED5 l"wPiJ C��UNTY TAX PARCEL NO. 18 Pill 8 5G THIS DEED MADE THE Oday of March,in the year of our Lord Two Thousand Four (2004)_ BETWEEN ROGER L.HOSFELT,single man,of 112 Big Pond Road.Shippensburg,Pennsylvania 17257. hereinafter called GRANTOR AND BRET G.BLACK AND JENNIFER A.BLACK,husband and wife,of 2834 Rimer Highway_Carlisle_ Pennsylvania,hereinafter called GRANTEES WITNESSETH,that for and in consideration of the sum of One Hundred Ninety Thousand and 00/100 ($190,000.00)Dollars consideration,in hand paid.the receipt whereof is hereby acknowledged,the said Grantors does hereby grant and convey,in fee simple,to the said Grantees,their heirs and assigns,as tenants by'the entireties, ALL THAT CERTAIN lot or tract of land situate in Penn Township,Cumberland County,Pennsylvania" designated as Lot 5 as shown on Subdivision Plan entitled"Final Subdivision Plan for North Edgewood Estates" prepared by Eric L.Diffenbaugh,Professional Land Surveyor,dated June 26.2001,which plan has been approved by the appropriate municipal authorities as a final Subdivision Plan,and recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Plan Book 84,Page 4 and is bounded and described as follows: BEGINNING at a set concrete monument at common corner of Lot No.4 and Lot No_5 on the aforesaid Plan and land formerly of Ronald B.Bolinger now of Randy S.Shuman;thence along common boundary line of Lot No.4 and Lot No. 5 North 22 degrees 13 minutes 3 seconds West 364.94 feet to a set parker kalon nail at common comer of Lot No.4 and Lot No.5 and Rimer Highway(SR 0011);thence continuing along Ritner Highway(SR GO 11)and Lot No.5 North 67 degrees 45 minutes 24 seconds East 150.00 feet to a set parker kalon nail at common corner of Lot No.5 and Lot No.6;thence continuing along common boundary line of Lot No.5 and Lot No.6 South 22 degrees 13 minutes 3 seconds East 365.00 feet to a set iron pin at common comer of Lot No_5 and Lot No.6 and land now of Randy S.Shuman:thence along said Shuman land and line of Lot No.5 South 67 degrees 46 minutes 53 seconds West 150.00 feet to the point and place of BEGINNING. CONTAINING 1.1707 acres.more or less and being all of Lot No.5. UNDER AND SUBJECT to dedicated right-of-way lines.building set back lines,and other notations as contained on the above-referenced subdivision plan. UNDER AND SUBJECT to restrictions entitled North Edgewood Estates Restrictions.a copy of which are attached to and made part of the deed dated April 25.2003,conveying title to Roger L.Hosfelt,single man. BEING the same premises which Randy S.Shuman,by deed dated April 25,2003,and recorded in the coax 262 PACE 511 1 Recorder of Deeds Office,Cumberland County,Deed Boos:256,Page 4140,ranted and conveyed to Roger L. Hosfelt.Grantor herein. AND the said Grantor covenants and agrees that he will warrant specially the property hereby conveyed. IN WITNESS WHEREOF,said Grantors have hereunto set their hands and seals the day and year first above written. Signed,sealed and delivered in the presence of: �T^� (SEAL) OSFELT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ON this,the'-day of March,2004.before me,the undersigned officer,personally appeared Roger L. Hosfelt,known to me to be the persons whose names are subscribed to the within instrument,and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF,l hereunto set my hand and official seal. w�jx—(SEAL) �Sn �g�AM4C0 UNIY Notary Pu is M'l CO�f AfrZoll EXPIRES iR11HCH b 2007 I do hereby certify that the recise residence and complete post office address of the within named Grantees)is: -7N3� � Date: 1 G Y Agent f r Grantee 2 Fc®i 262 PAGE 512 j < . as ate, *' 0 o i 0 C Mal Cuterland CaumtY Recorder of Deeds Instrtment films x .. ReceiPtl 486820 Instr4 2444-40444 3/18/2444 481156.11 a Reearks: SAIDIS a DEED 11.54 DEED - WRIT .54 w DEED - RTT STALE 1944.44 816 SPRING 950.44 DEED - AM 11,54 w a J.C.S. r` A.T,J, 10.44 o LC IRPRUCEMENT FRO 2,44 o REC. IMPRVMT FURD 3144 u Ghecl& 70 51,938.54 p Ci 9 > �!°..k N � 13.838.54 Exhibit B CRPRDNRBS46a 8/26/2011 4 : 16:27 PM PAGE 11/166 888-294-5658 CITE November 9,, 2004 Penn Township PA. mate] tcky] ism] 2834 Inner Hwy Pans. Township, PA 17013 [F, ,ty Address] 1. 1iORROWERIS PROMBE TO PAY � In return for a loan that I have received,I promise to ply U.S. $21st 750.0a (this amount is called "Principal"), plus interest,to the order of the Lender,The Lender is Advamaad Financial sertra.ces, rnc. I+will make all payments under this Note in the farm of cash,`check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitledd to receive payments under this Note Is called.the"Note Holder." 2. PCM ST Interest will be charged on Apaid principal until the fill amount of Principal has been paid. I will pay interest at a yearly rate of The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYNNENTS (A)Time and Place of Payments i will pay principal and Interest by making a payment every month. I will make my Monthly payment on ttte 15t day of each month beginning on-TTaiauary 1, 2 0115 .I will matte these payments every month until I have paid all of the principal and interest and arty other changes described below that I may owe under this Note. Each monday payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,onbecember :1, 24344 ,I still owe amounts under this Note,I will pay those amounts in full on that date, which is called the"lfaturity Date." I will matte my monthly payments at 25 P.ntexprise center, Newport, R1 02842 or at a different place if required by the Note Holder. i (B)Amount of I14ontbly Payments My monthly paytneut will be in the amount of U.S.$ 1 t 352.24 4. BORROWER?S BIGHT TO PREPAY I have the right to make payments of Principal at any time before they are tine, A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Vote Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due rudder the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Pripaytneat amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Piepaiymea4 there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees In writing ko those Ganges. . - 54 a1sTATE FIXED AA"r)5 NOTE-Single Famlly-Fannie Mavll`ieddte Mac UNIFORM INSTRUMENT - 5N 102071.01 Form 32 0 V0 VMP MpF TGAGF FWMS-laQt4521-7 Pugs S of 3 tNtlsir CRPRDNRBS46a 8/26/2011 4 : 16:27 PM PAGE 13/166 888-294-5658 5. LOAN CHARGES If a law,which applies to this loam and which sets maximum loan charges, is finally interpreted so that the interest of other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded1a,me.IThe Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY ASREQUMD (A)Late Charge for Overdue Payments If the Note Holder has not received the BA amount of any monthly payment by the end of ffifteezL calendar days after the date it is due,I will pay a late charge t i a the Note Holder.The amount of the charge will be 5.000%of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment, (l)Default If I do not pay the M amount of each monthly payment on the date it is due, I will be in defai;lt. (C)Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay-immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Holder Even if. at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later tm- (E)Payment of Note Holder's Cogs and Expensm If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expense in crifor6ing this Note to the extent not prohibited by applicable law.Those expenses include, for example, reasonable attorneys' fees, 7. GIVING OF NOTICES Unless applicable law requires a different method, anX...notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the property Address above or at a different address if I give The Nate Holder a notice of my different address. Any notice that must be given,to the Now Holder undir this Note will be given by delivering it or by mailing it by first clam mail to the Note Holder at the address stated in SeWoii 3(A)above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PMOr4S TMER THIS NOTE; If more than one Pusan signs this Note,each person is My and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is R guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these abligations, including the obligations of a guarantor, surety or endorser of this Note,is also obligated to keep all of the*omises made in this Note,The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "p=r-utmmit"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor*mews the right to require the Note Holder to give notice to other Persons that amounts due have not been paid. Farm CRPRDNRBS46a 8/26/2011 4 : 16:27 PM PAGE 15/166 888-294-5658 10. 1 NIFORM SECURED NOTE This Note is a uniform instrument with lb3ited variations in some jurisifledurig.In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed(the uSecutity Instrument"), dated the same date as this Note, protects-the Note Holder from passible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make Immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows-. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not n natural person and a berieflaM interest in Borrower is sold or transferred)without Leader's prior written consent, Lender may require immediate payment:In Ml of all sum secured by this Security Instrument. However,this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. If Leader exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sum seemed by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by thin Security Instrument without further notice at demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. (Seal) enna er Black Borrower Bret to BZack -Borrower (seal) (seal) Borrower -Borrowrr scsrrower(Seal) fY I-PY A (sew) -3=ower U—IV) Pay to the order of 41fi Without recourse Se�d)A dfti NAN, �d ifed 1`ice Pres" dent [Sign original Only) 2, Farm 3200 1101 CRPRDNR8546a 8/26/2011 4 :16:27 PM PAGE 16/166 888-294-5658 a .apsd5lf pin �t'dflt '�N!'SRt'�l 3'k'�it)N3 3 �+A fi3lt�ti't£� `�Ifi2i�S.C�Lut2�,Lf�L�i!'2�ttT�Qtl�i]L37.Ii+L[!C"# aswomw-tt J utm 52ik10� `9 L(30IEffh1 Exhibit C MEN HofrieUiirsr Investor Loan ? After Recording Return To' BAC Home Loans Servicing,LP Home Retention Division 4500 Amon Carter Blvd. Fort Worth,TX 76155 This document was prepared by BAC Home Loans Servicing,LP _ [Space Above This Line For Recording Data] HOME AFFORDABLE MODIFICATION AGREEMENT (Step Two of Two-Step Documentation Process) Borrower("1")t:JENNIFER A BLACK and BRET G BLACK Lender("Lender"):SAG Home Loans Servicing,LP Date of first lien Security Instrument("Mortgage")and Note("Note"):November 9,2004 Loan Number:79255998 Property Address("Property"):2834 RITNER HVVY,PENN TOWNSHIP,PA 17013 MERS:'100049700005910480 MERS is Mortgage Electronic Registration Systems,Inc.MERS is a separate corporation that is acting solely as a nom Iinee for Lender and Lender's successors and assigns.MERS Is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint,MI 48501-2026,(888)679-MERS. If my representations in Section 1 continue to be true in all material respects,then this Home Affordable Modification Agreement ("Agreement")will, as set forth in Section 3, amend and supplement (1) the Mortgage or Deed of Trust on the Property,and(2)the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended,are referred to as the"Loan Documents." Capitalized terns used in this Agreement and not defined have the meaning given to them in Loan Documents. I understand that after 1 sign and return two copies of this Agreement to the Lender,the Lender will send me a signed copy of this Agreement. This Agreement will riot take effect unless the preconditions set forth in Section 2 have been satisfied. 1. My Representations. I certify,represent to Lender and agree: A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents,and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence,and the Property has not been condemned; 1.If there is more than one Borrower or Mortgagor executing this document,each is referred to as"l.` For purposes of this document words signifying the singular(such as'l')shall include the plural(such as'we')and vice versa where appropriate. r MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT-S1nolo Famlly- Form 3167 3109;pane r of 7) s,.is 0artls C. There has been no change in the ownership of the Property since I signed the Loan Documents; D. 1 have provided documentation for all income that I receive(and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to quality for the Home Affordable Modification program("Program')); E. Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the Program,are true and correct; F. If Lender requires me to obtain credit counseling in connection with the Program,I will do so; and G. I have made or will make all payments required under a Trial Period Plan or Loan workout Plan. 2. Acknowledgements and Preconditions to Modification. I understand and acknowledge that: A. If prior to the Modification Effective Date as set forth in Section 3 the Lender determines that my representations in Section 1 are no longer true and correct,the Loan Documents will not be modified and this Agreement will terminate. In this event,the Lender will have all of the rights and remedies provided by the Loan Documents:and B. I understand that the Loan Documents will not be modified unless and until(i)i receive from the Lender a copy of this Agreement signed by the Lender,and(ii)the Modification Effective Date(as defined in Section 3)has occurred. 1 further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if 1 fail to meet any one of the requirements under this Agreement. 3. The Modification. If my representations in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on the 1st day of February, 2010 (the "Modification Effective Date')and all unpaid late charges that remain unpaid will be waived. 1 understand that if 1 have failed to make any payments as a precondition of this modification under a workout plan or trial period plan, this modification will not take effect, The first modified payment will be due on 1st day of February,2010. A. The new Maturity Date will be:January 1,2046. B. The modified Principal balance of my Note will include all amounts and arrearages that will be past due as of the Modification Effective Date(including unpaid and deferred interest,fees, escrow advances and other costs,but excluding late charges,collectively,"Unpaid Amounts") less any amounts paid to the Lender but not previously credited to my Loan. The new Principal balance of my Note will be 5208,281.83(the"New Principal Balance"). I understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance,the added Unpaid Amounts accrue interest based on the interest in effect under this Agreement. I also understand that this means interest will now accrue on the unpaid interest that is added to the outstanding principal balance,which would not happen without this Agreement. MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT—Single Fatuity— Form 3167 3109(page 2 o 7) 8116 OB108 f l 1, C. Interest at the rate of 2.000%will begin to accrue on the New Principal Balance as of January 1. 2010 and the first new monthly payment on the new principal balance will be due on February 1,2010. My payment schedule for the modified Loan is as follows: }'cars Werc=_t Rate lnle+esl Rm Cha gc 10-1hlr grin& Mond,iy FsCTOSV ford'0o 11 ly 1>uymar Bcgins Gn Nundx;r A Datc In!Payn-a P.Y."1 Pavrornt• btemhh' A­­E An:cunt" i'nvmcnls 1-5 2.000 )an y 01,2010 5676.74 5460.37 $1,137.11 Pchnmry 01.2010 60 Atay agivat M.y adjus! p-,',,dicai;y Pc6sii-11, 6 3.000 January 01,2015 $774.82 h7ay adjust YJay:+dit"t I-cbn ry 01,3015 12 Parindicall• periodically 7 4.000 January 01,2016 W7.39 atay edjna May nd,iusc Peb;eery 01,2016 12 pe"o. alh• Pciodicdh 8-36 5.000 January 01,20177 5983.70 May ndjust May a<Ijest f"ebntarq 01,2017 3LX crwdicntiv T:i+dicsll4' The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The above terms in this Section 3.C. shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable or step interest rate. 1 understand that,if 1 have a pay option adjustable rate mortgage loan,upon modification,the minimum monthly payment option, the interest-only or any other payment options will no longer be offered and that the monthly payments described in the above payment schedule for my modified loan will be the minimum payment that will be due each month for the remaining term of the loan. My modified loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting any unpaid interest to be added to the outstanding principal balance. THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN,OR YOU WILL HAVE TO FIND A LENDER.WHICH MAY BE THE LENDER YOU HAVE THE LOAN WITH,WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. D. I will be in default if t do not comply with the terms of the Loan Documents,as modified by this Agreement. E. if a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents,as amended,the interest that will be due will be the rate set forth in Section 3.C. 4. Additional Agreements. I agree to the following: MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT-Single Femlly- Form 3467 3109(page S of 7) etas osros f A. That all persons who signed the Loan Documents or their authorized representative(s)have signed this Agreement,unless(i)a borrower or co-borrower is deceased:(ii)the borrower and co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement(although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents);or(iii)the Lender has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification,forbearance,Trial Period Plan or Workout Plan that I previously entered into with Lender. C. To comply,except to the extent that they are modified by this Agreement,with all covenants, agreements, and requirements of Loan Documents including my agreement to make all payments of taxes, insurance premiums, assessments, Escrow Items, impounds, and all other payments,the amount of which may change periodically over the term of my Loan. D. That this Agreement constitutes notice that the Lender's waiver as to payment of Escrow Items,if any,has been revoked,and 1 have been advised of the amount needed to fully fund my escrow account. Funds for Escrow Items: I will pay to Lender on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan is paid in full, a sum (the 'Funds') to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property,it any;(c)premiums for any and all insurance required by Lender under the Loan Documents: (d)mortgage insurance premiums, if any, or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan Documents: and(e)any community association dues, fees, and assessments that Lender requires to be escrowed. These items are called`Escrow Items." I shall promptly furnish to Lender all notices of amounts to be paid under this Section 4.0. 1 shall pay Lender the Funds for Escrow Items unless Lender waives my obligation to pay the Funds for any or all Escrow Items.Lender may waive my obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,I shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.My obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in the Loan Documents, as the phrase"covenant and agreement" is used in the Loan Documents. If I am obligated to pay Escrow Items directly,pursuant to a waiver,and I fail to pay the amount due for an Escrow Item,Lender may exercise its rights under the Loan Documents and this Agreement and pay such amount and I shall then be obligated to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with the Loan Documents, and, upon such revocation, I shall pay to Lender all Funds, and in such amounts,that are then required under this Section 4.D. Lender may, at any time, collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under the Real Estate Settlement Procedures Act('RESPA"), and (b) not to exceed the maximum amount a tender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose MULTISTATE NOME AFFORDABLE MODIFICATION AGREEMENT—Singla Family— Form 3167 3 109(page 4 017) else O9'00 Kk 1 deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge me for holding and applying the Funds, annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays me interest on the Funds and f applicable law permits Lender to make such a charge.Unless an agreement is made in writing or applicable law requires interest to be paid on the Funds,Lender shall not be required to pay me any interest or earnings on the Funds. Lender and 1 can agree in writing, however, that interest shall be paid on the Funds. Lender shall provide me, without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA. Lender shall account to me for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA,Lender shall notify me as required by RESPA, and I shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify me as required by RESPA,and I shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by the Loan Documents, Lender shall promptly refund to me any Funds held by Lender.] E. That the Loan Documents are composed of duly valid,binding agreements,enforceable in accordance with their terms and are hereby reaffirmed. F. That all terms and provisions of the Loan Documents,except as expressly modified by this Agreement,remain In full force and effect;nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by,this Agreement,the Lender and 1 will be bound by,and will comply with,all of the terms and conditions of the Loan Documents. G. That,as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents,I agree as follows: If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Mortgage. However,Lender shall not exercise this option if state or federal law,rules or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Lender exercises this option, Lender shall give me 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 I must pay all sums secured by the Mortgage. If 1 fail to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by the Mortgage without further notice or demand on me. H. That,as of the Modification Effective Date, I understand that the Lender will only allow the transfer and assumption of the Loan,including this Agreement,to a transferee of my property as permitted under the Gem St. Germain Act, 12 U.S.C. Section 1701j-3. A buyer or transferee of the Property will not be permitted,under any other circumstance,to assume the Loan. Except as noted herein,this Agreement may not be assigned to,or assumed by,a buyer or transferee of the Property. I. That,as of the Modification Effective Date,if any provision in the Note or in any addendum or amendment to the Note allowed for the assessment of a penalty for full or partial prepayment of the Note,such provision is null and void. J. That, I will cooperate fully with Lender in obtaining any title endorsement(s),or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Lender's procedures to ensure that the modified mortgage loan is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT-SI.&Family- Form 3167 3109{page 5 of 7) 8116 04109 � I i withstanding anything else to the contrary in this Agreement, the Lender does not receive such title endorsement(s),title insurance product(s)and/or subordination agreement(s),then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. K. That 1 will execute such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Plan if an error is detected after execution of this Agreement. I understand that a corrected Agreement will be provided to me and this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrected Agreement,the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement,and I will not be eligible for a modification under the Home Affordable Modification program. L. Mortgage Electronic Registration Systems,Inc.("MERS")is a separate corporation organized and existing under the laws of Delaware and has an address and telephone number of P.p. Box 2026, Flint, MI 485011-2026. (888) 679-MERS. In cases where the loan has been registered with MERS who has only legal title to the interests granted by the borrower in the mortgage and who is acting solely as nominee for Lender and Lender's successors and assigns,MERS has the right:to exercise any or all of those interests,including,but not limited to, the right to foreclose and sell the Property, and to take any action required of Lender including,but not limited to,releasing and canceling the mortgage loan. M. That Lender will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity. In addition, i understand and consent to the disclosure of my personal information and the terms of the Trial Period Plan and this Modification Agreement by Lender to(a)the U.S. Department of the Treasury.(b)Fannie Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and Stability Plan; (c) any investor, insurer, guarantor or servicer that owns,insures,guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (d) companies that perform support services for the Home Affordable Modification Program and the Second Lien Modification Program; and (e)any HUD certified housing counselor. N. I agree that if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the Ivan as modified,or is otherwise missing,I will comply with the Lender's request to execute, acknowledge, initial and deliver to the Lender any documentation the Lender deems necessary. If the original promissory note is replaced, the Lender hereby indemnifies me against any loss associated with a demand on the original note.All documents the Lender requests of me under this Section 4.N,shall be referred to as"Documents." I agree to deliver the Documents within ten (10) days after 1 receive the Lender's written request for such replacement. MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT-SIP91.Family- Fo—3167 Was(page 6&?) Rt!6 09,v; The Lender and I have executed this Agreement. Mortgage Electronic Regi stration Systems,inc.- 65N 'A BtA4.-- Nominee For BAC Home Loans Servicing,LP Date 3 BY _— --------- S ET G BLACK Date Date MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT—Sinpie Family— Form 3167 3109(page 7 cr7) 8116 Oval) Exhibit D UJ Prepared By: Lily Royal 25 Enterprise Canter, Newport, RI 02842 (401)434°5500 Return To: Advanced Vinancial Services, Inc. 25 Enterprise Center Newport, RI 02842 Parcel Number: [Space Above M Line For Re cordlug Data] MORTGAGE MITI 100049700005910480 DEFINMONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document,which is dated November 9, 2004 together with all Riders to this document. (B) "Borrower"is Jennifer A Slack & Bret G Black Borrower is the mortgagor under this Security Instrument. (C) "M_ ERS" is Mortgage Electrdnic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's suers and assigns: blEPS is the imortgagee under this Security Instrumment.MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.U.Box 2026,Flint M.I 48501-2026,tel.(888)679-MFRS. 4-591048 3264 PENNSYLVANIA-Single Family- rda MaalFroddle Mac UNIFORM INSTRUMENT VWTt9 MERS Form 3039 1101 40-6A(PA)104071 Page 1 of is VIP Meregge Soludau,Inc,ISMIS21 7291 Env t 887PG3455 (D) "Lender"is Advanced Financial Services, Inc. Lender is a Corporation organized and existing under the laws of State of Rhode Island Lender's address is 25 Enterprise Canter, Newport, Rl 02842 (E) "Note"means the promissory note signed by Borrower and dated November 9, 2004 The Note states that Borrower owes Lender two hundred sixteen thousand seven hundred fifty and 00/100 Dollars (U.S. $ 216,750.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1, 2034 (F) "Property"mans the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan"means the debt evidenced by the Note,plus interest, any prepayment charges and late charges due under the Note, and aU sums due under this Security Instrument,plus interest. (EO "Riders" means all Riders to this Security instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: Adjustable Rate Rider 0 Condominium Rider ❑Second Home Rider Q Balloon Rider EJ Planned Unit Development Rider 1-4 Family Rider El VA Rider ❑.Biweekly Payment Rider ®Other(s)[specify] P'MI (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues,Fees, and Assessments"meaas all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer,or magnetic tape so as to order,instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-bf-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items"means those items that are described in Section 3. (M) "Miscellaneous Proceed"means any compensation, settlement, award of damages, or proceeds paid by any thud ply(other than insurance proceeds paid under the coverages described in Section 5) for (i) damage to, or destruction of; the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)conveyance in lien of condemnation; or(iv)misrepresentations of, or omissions as to, the value and/or condition of the Property. (1) "Mortgage L surance"means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security lustrument. ` 4-591048 3264 Intti� G6 ®-6A(PA)w4wi Pne 2 or is Form 3039 1101 I887PG345I Uft i (P) "RFSPA" means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA"refers to all requirtments and restrictions that art imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a 'federally related mortgage loan"under RESPA. (Q) "Successor in Interest of Borrower"means any party that has taken title to the Property, whetber or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose, Borrower does hereby mortgage,grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following descn'bed property located in the County [Type of Recording Jurisdiction] of Cumberland [Nw=or Recording JurWicdonl: Sea Attached Exhibit A which cmTently has the address of 2834 Ritner Hwy 15�I Penn Towaship [City],Pennsylvania 17013 [ZipCodc] ("Property Address"): _.TOGETHER..WITH.all. the improvements now ar..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 InstrumenL All of the foregoing is referred to in this Security Instrument as the "Property."Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS(as nominee for Lender and Leader's successors and assigns)has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of bender including, but not limited to, releasiM and canceling this Security Instrument. 4-591049 3264 MpleLe M' -6A(PA)ioao-n Pepe 7 of 10 form 3039 1101 6IRI887PG34521 i I BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will de€end generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of,-and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However,if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instnnnent be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check; treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)-Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.Lender may bold such unapplied fiords until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security InstnumenL 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that.that. each payment -___ ��'�•N —551048 3264 Initiatc -6AtPAt 1=71 Pac.4 d 18 Form 3039 9101 m Elf 1887PG3453 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Ftmds for Escrow Items_ Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in fall, a sum(the"Funds") to provide for payment of amounts due for. (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Item at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly,when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15-and, upon such revocation, Borrower shall pay to Lender all Funds, and in such aaho tint s,that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and(b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items-or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Batik.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items,unless Lender pays Borrower interest an the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in wriding, however, that interest 4-591048 3264 ww� (0-6A(PA)w4an P+w s at is Farm 3039 1(01 Q' BK l 887PG3454 shall be paid on the Funds. Lender shall give to Borrower, without charge, an aratual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Leader shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA,Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Inshlmment, Lender shall promptly refund to Borrower any Funds held by Leader. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shell promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Leader, but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fur, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This incnranrr shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires.What Lender requires pursuant to the preceding sentances can change during the term of the Loan. The insurance carrier providing the insurance.shall be chosen by Borrower subject to Leader's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge far flood zone determination, certification and tracking services; or(b) a one-time charge for flood zone determination acid ceilificatian services and sntisequenr charges each time remappings;or'similar,-changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. •^ q?a,16-4-591048 3264 trtuic 4M>-6A(PA)m4" awe e d la Form 3039 1101 8}( 1887 FG3455 i If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense_ lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property,or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cast of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Leader's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings an such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.If Borrower abandons the Property. Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given; In either-event,-or-if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies coveting the Property, insofar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether not due. 4-591048 3264 (a-GAWAk 104m1 Pa.7.0 18 Form 3039 1101 BK l 887PG3456 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable. or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. � Ju 4-581048 3264 MAW 10-8A(PAI 104671 papa of is Form 3039 1101 m [UN 1887PG3457 r Any amounts disbursed by [ender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is an a Ieasehold, 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 Leader agrees to the merger in writing. 10.Mortgage Insurance,If Lender required Mortgage Insurance as a condition of malting the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,far any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an altemate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in Iieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Leader requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Leader required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Leader's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that sham or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements.These agreements may require the mortgage insurer to make payments using any son= of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing,may receive(directly or indirectly) amounts that derive from(or might he characterized-as) a portion-of Borrower's..payments for Mortgage.Insurance; in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed'captive reiroxa ce.'Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage hmurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. wed. 40-6A(PA)I04C71 P".9 W is Form 3038 1101 St1887PG3'458 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds,, Forfgih re. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed-. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,paid to Borrower.Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security inert, whether or not then due, with the excess,if any,paid to Borrower. In the event of a partial taking, destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the suar� secured by this Security InMument shall be reduced by the amount of the Mmcrllaneous Proceeds multiplied by the following fraction: (a tm ) the total amount of the sums secu*d immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property irnmedhately before the partial taking,destruction,or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the suns secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower.that the Opposing.Party (as defined in sentence)next offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the . sums secured by-this Security Instrument,whether or..not thea.due-"OPp�Party""means..the third.party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a tight of action in regard to Miscellaneous Proceeds. Borrower shall be in defmhit if any action or proceeding, whether civil or criminal, is begun that, in Leader's judgment, could result in forfeltum of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can are such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be -SA(PA)04an Pace 10 ee to Form 3039 1101 nu 887PG3459 i dismissed with a ruling that, in Leader's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property sball be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lewder Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including, without limitation, Leader's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several Liability; Co-signers; Successors and Assts Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"). (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrurnent; (b)is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard-to the terms of this Security Instrument or the Note without the cc-s'igner's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's-rights and benefits under this Security InstnumenL Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees,property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition an the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be coUcctei 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 suns already collected from Borrower which exceeded permitted limits.will-be refunded.to.Borrower..Lender.may..choose.to..make..this_refund_by..reducing.the..principA.. owed under the Note or by reeking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Secnri shall be deemed to 40-6AIPA)9040n P+w» to Form 3433 1101 B 8K1887FG346.0 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Imtrurneat. 16. Governing Law; Severobility; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or dam of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and(c) the word *may" gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Intw!st in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property, including,but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. if all or any part of the Property or any interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security lnstruzft G If Borrower falls to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. .19.-Barrawer!s...RiEht..to...Re nstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of thus Security lnstrumeut discontinued at any time prior to the earliest of. (a)five days before sale of the Property pursuant to any power of We contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (e) entry of a judgment enforcing this Security Instrument. 'Those conditions are that Borrower: (a) pays Lender all sums which theft would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or . ._ la>c�c4 �A at"(PAl t0407i paaa 12 of 1S Farrel 3039 1101 B ! 887PG346 I agreements; (c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrtuneut; and (d) takes such action as Lender may reasonably require to assure that Leader's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.lender may requite that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check,bank check, treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d)Mectronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby sbaII remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments clue under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servitor unrelated to a sale of the Note. If there is a change of the Loan Servicer.Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servitor and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action(as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other patty hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deems to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to wee given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as to-itic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,materials containing asbestos or formaldehyde, and radioactive materials; (b)".Environmental Law".means federal laws and laws.of the jurisdiction where the Property is located that . relate to health, safety or environmental protection; (c) "Environmental Cleanup' includes any response action, remedial action, or removal act ion, as defined in Environmental Law; and(d) an 'Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. _ ��� a •-�._ _. ®-6AIPAI laaarl a w 13 of to Form 3039 1101 t 887PG3462 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property(a) that is in violation of any Environmental Law, (b)which creates an Environmental Condition,or(c)which, due to the presence,use,or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the operty of small quantities of Hazardous Substances that are generally recognized to be appropriate to nor lima residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has Rehr l knowledge, (b) any Environmental Condition,including but not limited to,any spilling,leaking,discharge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary.Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22. Acceleration;Remedies.Lender shall give notice to Burrower prior to accelerution following Borrower's breach of any covenant or agreement in this Security Instrctmzent (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of,among other things: (a)the default; (b)the action required to care the default; (c)when the default must be cured; and (d) that failure to cum the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and We of the Property.Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured as specified,Lender at its option may require immediate payment In full of all sums secured by this Security Instrument >nithout further demand and may foreclose this Security Lub mment by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the rimes provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23.Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation frosts. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid.to a third party for services . rendered and the charging of the fee is permitted wader Applicable Law. 24.waivers.Borrower, to the extent permitted by Applicable Law.waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution,extension of time, exemption from attachment, levy and sale, and homestead exemption. 25.Reinstatement Period.Borrower's time to reinstate provided in Section 19 shall extend to one hour.prior...to..the...comme ent,of.bidding at a.sherifrs sale or other We pursuant.to..this..Seaurity Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27.Interest Rate After Judgment.Borrower agrees that the interest rate payable after ajudgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from t�to time under the Note. ®-BAtPA)twan Pa"14 of la Fwm 3039 1101 HK 1887PG346 3 By SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Rritnesses: (sew) 48--=±f" Bl,.k -Bormwer d. (Seas) Bret G B.l.aek -Bormwer (Seal) (SCSI) Borrower -Bormwer (Seal) (Seal) -Borrower -Borrower ' -- -- (Seal) - - - -- — ---.-- -- (Seal) -Borrower Borrower AVA(PA)WD71 PON is a is Form 3039 7101 8KI887tG34614 i COMMONWEALTH OF PENNSYLVANIA, Cu nberiand County ss: On this,the 9th day of November, 2004 , before me, the undersigned officer,personally appeared Jennifer A Black Bret G slack fur satisfactorily proven) to be the person(s) whose name(s)X tare subscribed to the within instrument and acknowledged that heizWthey executed the saane for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seat. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan K.Kostalas.Notary Pubic Sprrnge%bUrY Twp York Comty Tide of Officer My Commission E)ires July 26.2007 MWWem.Peresyhr"AssocYal;on Of blots M Certificate of Residence I, EQtaTY TITLE fi CLOSING SERVICES ,do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026,Flint,NU 48501-2026. Witness my hand this 9th day of November, 2004 EQL7ITY TIT CLOSI14G S CES Agent ofMorigagce WWI'. -6A{PA}104W" Pap cane is of is Fours 3039 1101 B 1887PG3465'. 2834 Ritner Highway, Carlisle,Pennsylvania 17013 Jennifer A.Black and Bret G.Black EXHMrr A All that certain lot or tract of land situate in Penn Township,Cumberland County,Pennsylvania, designated as Lot 5 as shown on Subdivision Plan entitled "Final Subdivision Plan for North Edgewood Estates"prepared by Eric L.Diffenbaugh,Professional Land Surveyor,dated June 26, 2001,which plan has been approved by the appropriate municipal authorities as a final subdivision Plan and recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Plan Book 84,Page 4 and is bounded and described as follows: Beginning at a set concrete monument at common comer of Lot No.4 and Lot No. 5 on the aforesaid Plan and land formerly of Ronald B.Bollinger now of Randy S.Shuman,thence along common boundary line of Lot No.4 and Lot No. 5,North 22 degrees 13 minutes 3 seconds West, 364.94 feet to a set parker kalon nail at common comer of Lot No.4 and Lot No. 5 and Ritner Highway(SR 0011);thence continuing along Ritner Highway(SR 0011)and Lot No. 5,North 67 degrees 45 minutes 24 seconds East, 150.00 feet to a set parker kalon nail at common comer of Lot No. 5 and Lot No.6;thence continuing along common boundary line of Lot No. 5 and Lot No.6,South 22 degrees 13 minutes 3 seconds East,365.00 feet to a set iron pin at common corner of Lot No. 5 and Lot No.6 and land now of Randy S. Shuman;thence along said Shuman land and line of Lot No. 5,South 67 degrees 46 minutes 53 seconds West, 150.00 feet to the point and place of beginning. For title reference see Deed dated March 16,2004 and recorded Book 262,Page 511 BKI887PG3466 MORTGAGE INSURANCE RIDER This Mortgage Insurance Rider is made this 9th day of Novetabar, 2004 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Fixed [identify type of note,e.g. fixed rate]note(the"Note")to Advanced Financial Services, Inc. ("Lender")of the same date and covering the Property described in the Security Instrument and located at: 2834 Ritmer Hwy Penn Township, PA 17013 [Property address) The Security Instrument is amended by adding the following at the end of Section IO (if the Security Instrument has a form date at the Iower right corner of 3/99 or later) or Section 8 (if the Security Instrument has a form date at the lower right comer that is earlier than 3/99)_ Mortgage Insurance reimburses Lender(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses- These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result.of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing. may receive (directly or inidirerdy) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's Multistate Mortgage Insurance Rider-Single Family-Fannte Mae Uniform lostrumeat 40-11R 100041 Farm 31 Page t of 3 Initiate: VtrtP MORTGAGE FORMS-18001 21-7283 hilt 1 087PGJ 67 risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed"captive reinsurance.' Further: (A) Any such agreements will not affect the amounts that Borrower has agreed to pay ror Mortgage Insurance, or any other terms or the Loan. Such agreements ~viii not increase the amount Borrower trill owe for Mortgage Insurance, and they will not entitle borrower to any refund. (B) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act or 1948 or any other lair. These rights may include the right to receive certain disclosures, to request and obtain cancellation or the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund or any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. I Initials: -11R t0004l Page 2 ai 3 Farm 3160 4100 9K 1887PG3468 By signing below, Borrower accepts this mortgage Insurance Rider and agrees that it amends and supplements the Security Instrument. (Seal) p i.f A Black -Baimwer Bret G Black Borrower (Sea]) (sew) Hortowv -Borrower (Seal) (Seal) -borrower -Borrower (Seal) (sew) � r -Borrower -1 l R {OD041 Page 3 of 3. Fomi 3160 MOO Certify I C m' n u oe� .: r . 'NSA ds 188 7 PG3469 Exhibit E 997 002F6B Recording Requested By: Bank of America Prepared By: Mary Ann Hierman 888-603-9011 450 E.Boundary St Chapin,SC 29036 When recorded mail to: CoreLogic 450 E.Boundary St Attn_Release Dept Chapin,SC 29036 41111111111 N 111111111 f l ll l�>l l�ll4 ll�le it DOclD4t 2027925599820280 Tax ID: -t- fee0j5409096449960 Property Address: *-N—"—(Pa` l-2834 RITNER HWY [ 4a Carlisle,PA 17013 r Property Location: Township of PENN PAO-AM )3848'750 9112011 TLis Sp.-for Runrdda nse MIN 4: 100049700005910480 MFRS Phone 4: 888-679-6377 ASSIGNMENT OF MORTGAGE For Value Received,the undersigned bolder of a Mortgage(herein"Assignor")whose address is 3300 S.W.34th Avenue,Suite 101 Ocala,FL 34474 does hereby grant,sell,assign,transfer and convey unto BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP whose address is 13150 WORLD GATE DR, HERNDON,VA 20170 all beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender: ADVANCED FINANCIAL SERVICES,INC. Mortgagor(s): JENNIFER A BLACK&BRET G BLACK Date of Mortgage: 11/9/2004 Original Loan Amount: $216,750.00 Recorded in Cumberland County,PA on:11112/2004,book 1887,page 3450 and instrument number N/A This Mortgage has not been assigned unless otherwise stated below: 1N TNES THEREOF,the undersigned has caused this Assignment of Mortgage to be executed on MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By: Pabla Zuniga,As sis nt retary . ....._....... State of California County of Ventura On before me, N otay Public,personally appeared Pahla Zuniga,who proved to me on the basis of satisfactory evidence to be the person(j whose name(f islw- subscribed to the within instrument and acknowledged to me that)Cshellkl r executed the same in bisfierltbei- authorized capacityj4,and that by lifter/their signatureVon the instrument the person(,or the entity upon behalf of which the person(,4 acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct- WITNESS my hand and official seal. " A DIAT IAZ'�i 1ftM Commission#1903988 .c -u Notary Public-Cailioinla i z Ventura County Notary Public: -- (Seal) My Comm.Expires Sep 13,2014 y My Commission Expires: I hereby certify that the address of the within named assignee is: 13150 WORLD GATE DR,IRRNDON,VA 20170 Y Signature -d— ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 - 717-240-6370 - Instrument Number-201127999 Recorded On 10/11/2011 At 11:54:14 AM *Total Pages-3 •Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number-94699 User ED-ES •Mortgagor-BLACK,JENNIFER A •Mortgagee-BANK OF AMERICA N A •Customer-CORELOGIC *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA �+ot Cuyas ° RECORDER O �ES r� *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III IIIIIIIIIIIIIIIIIIIIIII Exhibit F 2834 Ritner Highway, Carlisle,Pennsylvania 17013 All that certain lot or tract of land situate in Penn Township,Cumberland County,Pennsylvania,' designated as Lot 5 as shown on Subdivision Plan entitled"Final Subdivision Plan for North Edgewood Estates"prepared by Eric L.Diffenbaugh,Professional Land Surveyor,dated June 26, 2001,which plan has been approved by the appropriate municipal authorities as a final subdivision Plan and recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Plan Book 84,Page 4 and is bounded and described as follows: Beginning at a set concrete monument at common comer of Lot No.4 and Lot No. 5 on the aforesaid Plan and land formerly of Ronald B.Bollinger now of Randy S.Shuman;thence along common boundary line of Lot No.4 and Lot No. 5,North 22 degrees 13 minutes 3 seconds West, 36494 feet to a set parker kalon nail at common comer of Lot No.4 and Lot No. 5 and Ritner Highway(SR 0011);thence continuing along Ritner Highway(SR 00 11)and Lot No. 5,North 67 degrees 45 minutes 24 seconds Fast, 150.00 feet to a set parker kalon nail at common comer of Lot No. 5 and Lot No.6;thence continuing along common boundary line of Lot No. 5 and d Lo t No.6,South 22 degrees 13 minutes 3 seconds East,365.00 feet to a set iron pin at common comer of Lot No. 5 and Lot No.6 and land now of Randy S. Shuman;thence along said Shuman land and line of Lot No. 5,South 67 degrees 46 minutes 53 seconds West, 150.00 feet to the point and place of beginning. For title reference see Deed dated March 16,2004 and recorded Book 262,Page 511 Exhibit G PO Box 9048 Temecula,CA 92589.9048 7196 9006 9296 6537 4351 20130412-7 n111111l„1t11111111„lll,1111 1111 -111111111111111-,11111 JENNIFER A BLACK 2834 Ritner Hwy Penn Township, PA 17013 April 12, 2013 Certified Mail: 7196 9006 9296 6S37 43S1 JENNIFER A BLACK Return Receipt Requested 2834 Ritner Hwy Penn Township, PA 17013 ACT 91 NOTICE 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 EMERGENCY 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 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The names,addresses 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 1-717-780-1869). 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 NOTIFICAC16N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENCIONADO ARRIBA. PUEDE 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. 7196 9006 9296 6537 4351 HOMEOWNER'S NAME(S): JENNIFER A&BRET G BLACK PROPERTY ADDRESS: 2834 Ritner Hwy Penn Township, PA 17013 LOAN ACCT. NO.: ORIGINAL LENDER: ADVANCED FINANCIAL SERVICES CURRENT LENDER/SERVICER: Bank of America, N.A. 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 1883(THE"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30)days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" 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.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received with thirty(30)days of your face-to-face meeting with the counseling agency. 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 SHERIFFS SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION-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: 2834 Ritner Hwy Penn Township, PA 17013 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 Charges: 12/01/2012 - 04/30/2013 @ $1194.35 $5,971.75 Late Charges: 12/01/2012 - 02/28/2013 @ $33.83 $101.49 Other Charges: Additional Uncollected Late Charges: $0.00 Uncollected Costs: $112.61 Partial Payment Balance: 67.61 TOTAL AMOUNT PAST DUE: $6,118.24 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,118.24, 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: Bank of America, N.A.at P.O.Box 15222 Wilmington, DE 19886-5222 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 Vour mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred, up to$50.00. However, if legal proceedings are started against you,you will have to pay all reasonable attomeys'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) DAY period, Vou 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 havethe rightto curethe default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving 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 Sheriff's Sale of the mortgage property could be held would be approximately six(6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course,the 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: Bank of America,N.A. Address: PO Box 5170 Simi Valley,CA 93062-5170 Phone Number: 800-669-0102 Fax Number: 1-800-520-5019 Contact Person: General Collections E-Mail Address: correspondencesupport@bankofamerica_com This is not a secure email address; privacy is limited. Accordingly, confidential information, including account information and personallyidentiflable information should not be transmitted by this non-encrypted email.If you prefer to send confidentialinformationvia e-mail,please contact us at the telephonenumber above,and we will arrange for an encrypted method of communication. 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 Sheriff's 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 not 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. 7196 9006 9296 6937 4351 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:03/12/2013 11:09 AM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 7196 9006 9296 6537 4351 i C3_3222_BRECDISC 15352 09/24/12 IMPORTANT DISCLOSURES If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under applicable bankruptcy law, this notice is for information only and is not an attempt to collect the debt, a demand for payment, or an attempt to impose personal liability for that debt. You are not obligated to discuss your home loan with us or enter into a loan modification or other loan-assistance program. You should consult with your bankruptcy attorney or other advisor about your legal rights and options. Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this communication is from a debt collector. There has been a ,payment default or other default on your loan that could result in acceleration of all sums due under the Note. As a result, Bank of America, N.A. will use companies, including its affiliates LandSafe Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, N.A., and LandSafe Appraisal Services, Inc., to provide services required to protect the Noteholder's interest and rights in the property and under the note and security instrument, including any remedies thereunder (the "Default Related Services"). Bank of America, N.A. will assess fees to your loan account for the Default Related Services, including those provided by its affiliates. A schedule of fees that may be charged to your account for Default Related Services is available at the following web address: http://www.bankofamerica.com/defaultfees. If you do not have internet access, please contact us at 1-800-669-6607, Monday through Thursday 8 a.m. - 11 p.m. Eastern, Friday 8 a.m. - 9 p.m. Eastern, Saturday 9 a.m. - 3 p.m. Eastern, to have a fee schedule mailed to you. The fee schedule contains a complete list of the default-related services you could be charged, but does not include a complete list of all fees or charges that could be assessed on your loan account. MILITARY PERSONNEUSERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1-877-430-5434. If you are calling from outside the U.S. please contact us at 1-817-685-6491. x 7196 9006 9296 6537 4351 DIVULGACIONES IMPORTANTES Si usted se encuentra actualmente en un procedimiento de quiebra, o ha obtenido previamente una exoneracion de esta deuda bajo la ley aplicabte sobre quiebra, este no es un intento de recaudacion, una demanda de pago o un intento de imponer una responsabilidad personal por esa deuda. Usted no este obligado(a) a hablar de su prestamo pars vivienda con nosotros ni a participar en un programa de modificacion de prestamos u otro programa de asistencia para prestamos. Usted debe consultar con su abogado especializado en quiebras u otro asesor acerca de sus opciones y derechos legales. Bank of America, N.A., el administrador de su prestamo para vivienda esta obligado por ley a informarle a usted que esta comunicacibn proviene de un cobrador de deudas. Ha ocurrido un incumplimiento de pago u otro tipo de incumplimiento con su prestamo que podria resultar en la aceleracion de todas las cantidades adeudadas bajo el Pagare. Como resultado, Bank of America N.A. utilizara companias, incluyendo sus afiliados LandSafe Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, NA, y LandSafe Appraisal Services, Inc., para proporcionar servicios necesarios para proteger los intereses del Titular en la propiedad y sus derechos bajo el instrumento de seguridad y el pagare, incluyendo cualquiera de sus recursos (los "Servicios relacionados a un incumplimiento"). Bank of America, N.A. aplicara cargos a la cuenta de su prestamo por los servicios relacionados a un incumplimiento, incluyendo los servicios proporcionados por sus afiliados. Una lista de los cargos que podrian cobrarse a su cuenta por servicios relacionados a un incumplimiento esta disponible en el sitio de Internet: fhttr)://www.bankofamerica.com/defaultfeesl. Si usted no tiene acceso a internet, por favor comuniquese con nosotros al 1-800-669-6607 de lunes a jueves de 8 a. m. a 11 p. m. hora del este, viernes de 8 a. m. a 9 p. m. hora del este, sebados de 9 a. m. a 3 p. m. hora del este. para pedir que se le envie una lista de cargos por correo. La lista de cargos contiene una lista completa de los servicios relacionados por incumplimiento que le podian cobrar, pero no incluye una lista completa de todos los costos y cargos que podrian ser aplicados a la cuenta de su prestamo. PERSONAL MILITAR/ MIEMBROS DE LAS FUERZAS ARMADAS: Si usted o su conyuge es un miembro del servicio militar, por favor comuniquese con nosotros inmediatamente. La Ley federal de Ayuda Civil para Miembros de las Fuerzas Armadas y las leyes estatales comparables otorgan protecciones y beneficios significativos al personal del servicio militar gue califigue, incluidas protecciones contra la ejecuci6n hipotecaria asi como tambien ayuda en la tasa de interes. Para obtener mas informaci6n y determinar su calificacibn por favor Ilame sin costo a nuestro Equipo de Asistencia para el Servicio Militar al 1-877-430-5434. Si usted llama desde fuera de los Estados Unidos por favor comuniquese con nosotros al 1-817-685-6491. 7196 9006 9296 6537 4351 C3_5088 OPTAVDFC 15319 09/24/2012 Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s)could work for you. Options to consider if your goal is to stay in your home Home Affordable A federal government program that allows you to repay the loan on newly agreed upon terms, Modification which may include lowering the interest rate, placing past due amounts at the end of the loan, Program(HAMP) and/or extending the term of the loan. You may be eligible for this program if you meet the following requirements: • The amount you owe on the first mortgage is equal to or less than$729,750 for a single-family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 unit property • You have documented a financial hardship and represented that you do not have sufficient liquid assets to make the monthly mortgage payments. • Your mortgage was obtained before Jan. 1, 2009. • The property securing the mortgage loan has not been condemned or is not in such poor physical condition that it is not habitable even if not condemned • The mortgage is secured by a one to four unit property Loan If you can bring your loan payments up to date,we will accept the funds needed to bring the Reinstatement loan up to date until the day of your foreclosure sale. Repayment Plan A repayment plan allows you to make your regularly scheduled mortgage payments, plus pay off a portion of the past due amounts over time.This may include principal, interest,fees, and/or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments Forbearance for a period of time,to allow you to re-establish your ability to make the required payments. Agreement Loan Modification A loan modification is a change to the original terms of your loan. Loan modifications could (non-HAMP) include lowering your interest rate,extending the term or maturity date of the loan, moving from an adjustable to a fixed-rate loan,deferring some portion of the unpaid principal balance to the end of the loan, and/or forgiving some portion of the unpaid principal balance. Partial Claim(FHA If you have a Federal Housing Administration (FHA)loan and your payments are past due but loans only) you are now able to make your regular monthly mortgage payment, this program is designed to bring your loan up to date by creating a second mortgage/lien on your property for the amount that is past due. Options to consider if you cannot or do not wish to stay in your home ............................................................................................................................................................................................................................................... . \:: :�::::� :::: : es:C .Y:Q' :::::::::::::::: :::i::i Home Affordable Designed to help borrowers who are eligible for the Home Affordable Modification Program Foreclosure (HAMP)but were unsuccessful in securing a permanent modification through the program. Alternatives HAFA provides the option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A Program(HAFA) short sale is a transaction in which you sell your property for less than the total amount owed on the loan(subject to agreement by your servicer/lenderfinvestor), resulting in the release of our lien on your home and avoidance of foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ If you can no longer afford to make your mortgage payments and your home is worth less than Pre-foreclosure you owe,a short sale may allow you to sell your home to pay off the mortgage. In a short sale, Sale(non-HAFA) the lender agrees to accept an amount less than what is actually owed on the loan.Offered to borrowers who are not eligible for HAMP or other home retention alternatives. Deed in Lieu of Used as an alternative to foreclosure,with a deed in lieu of foreclosure, you transfer ownership Foreclosure of your house and all property secured by your mortgage loan. This may satisfy the total (non-HAFA) amount due on that mortgage.Offered to borrowers not eligible for HAMP or other home "R retention alternatives, and who were not able to sell the property through a short sale. P. We are here to help you. Please call us today. .Y 7196 9006 9296 6537 4351 Hay opciones disponibles para ayudarle a Evitar la Ejecucion Hipotecaria Llame al numero que aparece en la notificacion adjunta para obtener mas informacion Cuando Ilame, por favor tenga a la mano la informacion de sus ingresos y gastos para que podamos discutir cuales opciones podrian funcionar para usted. Opciones a considerar si su objetivo es permanecer en su casa Home Affordable Es un programa del gobierno federal que le permite pagar el prestamo bajo los nuevos Modification terminos acordados, que pueden incluir la reduccion de la tasa de interes, agregar Program(HAMP) cantidades vencidas al final del prestamo, y/o extender el plazo del prestamo. Usted puede calificar para este programa si cumple con los siguientes requisitos: • La cantidad que usted adeuda de su primera hipoteca es igual o menor que$729,750 dolares para una vivienda unifamiliar,$934,200 dolares pars una propiedad de 2 unidades, $1,129,250 dolares para una propiedad de 3 unidades o$1,403,400 para una propiedad de 4 unidades • Usted ha documentado que atraviesa por una dificultad financiera y declarado que no tiene suficiente liquidez para hacer los pagos mensuales de la hipoteca. • Obtuvo su hipoteca antes del 1 de enero de 2009. • La propiedad que garantiza el prestamo hipotecario no ha sido condenada o no esta en malas condiciones fisicas como para no poder habitarse incluso si no esta condenada. • La hipoteca esta garantizada por una propiedad de una a cuatro unidades. Restablecimient Si usted puede poner al dia los pagos de su prestamo, aceptaremos los fondos necesarios o del Prestamo para que el prestamo este al dia hasta la fecha de la venta por ejecucion hipotecaria. Plan de Pago Un plan de pago le permite a usted hacer sus pagos hipotecarios regulares, ademas de pagar una porcibn de los montos vencidos a traves del tiempo. Esto puede incluir capital, interes,cargos o costos aplicados a su prestamo. Acuerdo Es un acuerdo en el cual aceptamos no proceder con la ejecucion hipotecaria y/o el cobro Temporal de de los pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de Tolerancia por hacer los pagos requeridos. incumplimiento Modificacion de Una modificacion del prestamo es un cambio en los terminos originales de su prestamo, Prestamo Las modificadones podrian incluir reducir su tasa de interes, extender el termino o la fecha (no por medio de pago del prestamo, cambiar de un prestamo de tasa de interes ajustable a uno de tasa de HAMP) de interes fija,diferir una parte del saldo del capital impagado al final del prestamo, y/o condonar una parte del saldo de capital impagado. Reclamo Parcial Si usted tiene un prestamo de la Administracion Federal de Vivienda (FHA)y sus pagos (solamente estan vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca, prestamos de la este programa esta disenado para que su prestamo este al dia mediante la creacion de FHA) una segunda hipoteca/gravamen sobre su propiedad por el monto que esta vencido. 7196 9006 9296 6537 4351 Opciones a considerar si no puede o no desea quedarse en su casa Home Affordable Disenado para ayudar a los prestatarios que califican para el Programa de Home Foreclosure Affordable Modification(RAMP), pero no consiguieron obtener una modificacion Alternatives permanente a traves del programa. HAFA ofrece la posibilidad de una vents en Program(HAFA) descubierto y,si no tiene exito, una escritura de traspaso voluntario de propiedad en lugar de la ejecucion hipotecaria. Una venta en descubierto es una transaccion en la que usted vende su propiedad por menos de la cantidad adeudada en el prestamo (sujeto a previo acuerdo de su administrador/prestamista/inversionista), resultando en la liberacibn de nuestro derecho de retencion sobre su propiedad y evitar la ejecucion hipotecaria. Una escritura de traspaso voluntario de propiedad en lugar de la ejecucion hipotecaria es una transaccion en la que usted esta de acuerdo de transferir voluntariamente las escrituras de su propiedad a nosotros con el fin de evitar la ejecucion hipotecaria. Venta en Si usted ya no puede hacer sus pagos hipotecarios y su vivienda vale menos de to que descubierto/ usted adeuda, una yenta en descubierto le podria permitir vender su vivienda para pagar Venta previa a la la hipoteca. En una vents en descubierto,el prestamista acepta recibir una monto menor ejecucion de to que actualmente se adeuda en el prestamo. Se ofrece a los prestatarios que no hipotecaria(no por califican pars HAMP o para otras alternativas de retencion de la vivienda. medio de HAFA) Escritura de Se usa como una alternative de la ejecucion hipotecaria. Con una escritura de traspaso traspaso de voluntario de propiedad en lugar de la ejecucion hipotecaria, usted transfiere la titularidad propiedad en lugar de su vivienda y toda la propiedad que garantiza su prestamo hipotecario. Esto puede de la ejecucion hater que el monto total vencido de esa hipoteca se considere como pagado. Se ofrece a hipotecaria(no por prestatarios que no califican para HAMP u otras opciones de retencion de vivienda,y que medio de HAFA) no pudieron vender la propiedad a traves de una vents en descubierto. Estamos aqui para ayudarle. Por favor Ilamenos hoy. PO Box 9048 Temecula,CA 92589-9048 7196 9006 9296 6537 4344 20130412.7 BRET G BLACK 2834 Ritner Hwy Penn Township, PA 17013 �i i� i 4 April 12, 2013 Certified Mail: 7196 9006 9296 6S37 4344 BRET G BLACK Return Receipt Requested 2834 Ritner Hwy Penn Township, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgacle on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help 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 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The names,addresses 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 1-717-780-1869). 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 TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENCIONADO ARRIBA. PUEDE 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. 7196 9006 9296 6537 4344 HOMEOWNER'S NAME(S): JENNIFER A&BRET G BLACK PROPERTY ADDRESS: 2834 Ritner Hwy Penn Township, PA 17013 LOAN ACCT. NO.: ORIGINAL LENDER: ADVANCED FINANCIAL SERVICES CURRENT LENDER/SERVICER: Bank of America, N.A. 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, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a"face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE {331 DAYS OF THE DATE OF THIS NOTICE_ IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" 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.) You have the right to apply for financial assistancefrom 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received with thirty(30)days of your face-to-face meeting with the counseling agency. 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. AGENCY ACTION-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: 2834 Ritner Hwy Penn Township, PA 17013 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 Charges: 12101/2012 - 04/30/2013 @ $1194.35 $5,971.75 Late Charges: 12/01/2012 - 02/28/2013 @ $33.83 $101.49 Other Charges: Additional Uncollected Late Charges: $0.00 Uncollected Costs: $112.61 Partial Payment Balance: 67.61 TOTAL AMOUNT PAST DUE: $6,118.24 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,118.24, 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: Bank of America, N.A. at P.O. Box 15222 Wilmington, DE 19886-5222 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred, up to$50.00. However, if legal proceedings are started against you,you will have to pay all reasonable attorneys'fees- 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) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personallyfor 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 Sheriff's Sale. You may do so by paving 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 Sheriff's Sale of the mortgage property could be held would be approximately 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: Bank of America, N.A. Address: PO Box 5170 Simi Valley,CA 93062-5170 Phone Number: 800-669-0102 Fax Number: 1-800-520-5019 Contact Person: General Collections E-Mail Address: correspondencesupport@bankofamedca.com This is not a secure email address; privacy is limited. Accordingly, confidential information, including account information and personallyidentifiable information should not be transmitted by this non-encrypted email.If you prefer to send confidential informationvia e-mail,please contact us at the telephonenumber above,and we will arrange for an encrypted method of communication. 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 Sheriff's 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 not 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. - -- -- 7196 9006 9296 6537 4344 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:03/1212013 11:09 AM Advantage Credit Counseling Service/CCCS of Western PA Community Action Conunission of Capital Region 2000 Linglestown Road 1.514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 ks*�L'E 7196 9006 9296 6537 4344 C3 3222 BRECDISC 15352 09124/12 IMPORTANT DISCLOSURES If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under applicable bankruptcy law, this notice is for information only and is not an attempt to collect the debt, a demand for payment, or an attempt to impose personal liability for that debt. You are not obligated to discuss your home loan with us or enter into a loan modification or other loan-assistance program. You should consult with your bankruptcy attorney or other advisor about your legal rights and options. Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this communication is from a debt collector. There has been a payment default or other default on your loan that could result in acceleration of all sums due under the Note. As a result, Bank of America, N.A. will use companies, including its affiliates LandSafe Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, N.A., and LandSafe Appraisal Services, Inc., to provide services required to protect the Noteholder's interest and rights in the property and under the note and security instrument, including any remedies thereunder (the "Default Related Services"). Bank of America, N.A. will assess fees to your loan account for the Default Related Services, including those provided by its affiliates. A schedule of fees that may be charged to your account for Default Related Services is available at the following web address: http://www.bankofamerica.com/defauitfees. If you do not have internet access, please contact us at 1-800-669-6607, Monday through Thursday 8 a.m. - 11 p.m. Eastern, Friday 8 a.m. - 9 p.m. Eastern, Saturday 9 a.m. - 3 p.m. Eastern, to have a fee schedule mailed to you. The fee schedule contains a complete list of the default-related services you could be charged, but does not include a complete list of all fees or charges that could be assessed on your loan account. MILITARY PERSONNEUSERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1-877-430-5434. If you are calling from outside the U.S. please contact us at 1-817-685-6491. 7196 9006 9296 6537 4344 DIVULGACIONES IMPORTANTES Si usted se encuentra actualmente en un procedimiento de quiebra, o ha obtenido previamente una exoneraci6n de esta deuda bajo la ley aplicable sobre quiebra, este no es un intento de recaudaci6n, una demanda de pago o un intento de imponer una responsabilidad personal por esa deuda. Usted no est6 obligado(a) a hablar de su prestamo para vivienda con nosotros ni a participar en un programa de modificaci6n de prestamos u otro programa de asistencia para prestamos. Usted debe consultar con su abogado especializado en quiebras u otro asesor acerca de sus opciones y derechos legales. Bank of America, N.A., el administrador de su prestamo para vivienda esV� obligado por ley a informarle a usted que esta comunicaci6n proviene de un cobrador de deudas. Ha ocurrido un incumplimiento de pago u otro tipo de incumplimiento con su prestamo que podria resultar en la aceleraci6n de todas las cantidades adeudadas bajo el Pagare. Como resultado, Bank of America N.A. utilizara companias, incluyendo sus afiliados LandSafe Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, NA, y Landsafe Appraisal Services, Inc., para proporcionar servicios necesarios para proteger los intereses del Titular en la propiedad y sus derechos bajo el instrumento de seguridad y el pagare, incluyendo cualquiera de sus recursos (los "Servicios relacionados a un incumplimiento"). Bank of America, N.A. aplicara cargos a la cuenta de su prestamo por los servicios relacionados a un incumplimiento, incluyendo los servicios proporcionados por sus afiliados. Una lista de los-cargos que podrian cobrarse a su cuenta por servicios relacionados a un incumplimiento est6 disponible en el sitio de Internet: fhfto://www.bankofamerica.com/defauitfetsj. Si usted no tiene acceso a internet, por favor comuniquese con nosotros al 1-800-669-6607 de lunes a jueves de 8 a. m. a 11 p. m. hora del este, viernes de 8 a. m. a 9 p. m. hora del este, s6bados de 9 a. m. a 3 p. m. hora del este. para pedir que se le envie una lista de cargos por correo. La lista de cargos contiene una lista completa de los servicios relacionados por incumplimiento que le podian cobrar, pero no incluye una lista completa de todos los costos y cargos que podrian ser aplicados a la cuenta de su prestamo. PERSONAL MILITAR/ MIEMBROS DE LAS FUERZAS ARMADAS: Si usted o su c6nyuge es un miembro del servicio militar, por favor comuniquese con nosotros inmediatamente. La Ley federal de Ayuda Civil para Miembros de las Fuerzas Armadas y las leyes estatales comparables otorgan protecciones y beneficios significativos al personal del servicio militar que califiaue, incluidas protecciones contra la ejecuci6n hipotecaria asi Como tambien ayuda en la tasa de interes. Para obtener mas informaci6n y determinar su calificaci6n por favor Ilame sin costo a nuestro Equipo de Asistencia para el Servicio Militar al 1-877-430-5434. Si usted llama desde fuera de los Estados Unidos por favor comuniquese con nosotros al 1-817-685-6491. i 7196 9006 9296 6537 4344 C3_5088 OPTAVDFC 15319 09/24/2012 Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s)could work for you. Options to consider if your goal is to stay in your home P ...: ..ark°±..................... Home Affordable A federal government program that allows you to repay the loan on newly agreed upon terms, Modification which may include lowering the interest rate, placing past due amounts at the end of the loan, Program(HAMP) and/or extending the term of the loan. You may be eligible for this program if you meet the following requirements: • The amount you owe on the first mortgage is equal to or less than$729,750 for a single-family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 unit property • You have documented a financial hardship and represented that you do not have sufficient liquid assets to make the monthly mortgage payments. • Your mortgage was obtained before Jan. 1, 2009. • The property securing the mortgage loan has not been condemned or is not in such poor physical condition that it is not habitable even if not condemned • The mortgage is secured by a one to four unit property Loan If you can bring your loan payments up to date,we will accept the funds needed to bring the Reinstatement loan up to date until the day of your foreclosure sale. Repayment Plan A repayment plan allows you to make your regularly scheduled mortgage payments, plus pay off a portion of the past due amounts over time. This may include principal, interest,fees, and/or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments Forbearance for a period of time,to allow you to re-establish your ability to make the required payments. Agreement Loan Modification A loan modification is a change to the original terms of your loan. Loan modifications could (non-HAMP) include lowering your interest rate,extending the term or maturity date of the loan, moving from an adjustable to a fixed-rate loan,deferring some portion of the unpaid principal balance to the end of the loan, and/or forgiving some portion of the unpaid principal balance. Partial Claim(FHA If you have a Federal Housing Administration (FHA)loan and your payments are past due but loans only) you are now able to make your regular monthly mortgage payment, this program is designed to bring your loan up to date by creating a second mortgage/lien on your property for the amount that is past due. Options to consider if you cannot or do not wish to stay in your home ............................................................................................................................................................................................................................................... . . .::::::::::......... ................... .................................................................................................... .............................................................................................. Home Affordable Designed to help,borrowers who are eligible for the Home Affordable Modification Program Foreclosure (HAMP)but were unsuccessful in securing a permanent modification through the program. Alternatives HAFA provides the option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A Program(HAFA) short sale is a transaction in which you sell your property for less than the total amount owed on the loan (subject to agreement by your servicer/lenderfinvestor), resulting in the release of our lien on your home and avoidance of foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ If you can no longer afford to make your mortgage payments and your home is worth less than Pre-foreclosure you owe,a short sale may allow you to sell your home to pay off the mortgage. In a short sale, Sale(non-HAFA) the lender agrees to accept an amount less than what is actually owed on the loan.Offered to borrowers who are not eligible for HAMP or other home retention alternatives. Deed in Lieu of Used as an alternative to foreclosure,with a deed in lieu of foreclosure, you transfer ownership Foreclosure of your house and all property secured by your mortgage loan. This may satisfy the total (non-HAFA) amount due on that mortgage.Offered to borrowers not eligible for HAMP or other home retention alternatives, and who were not able to sell the property through a short sale. We are here to help you. Please call us today. 7196 9006 9296 6537 4344 Hay opciones disponibles para ayudarle a Evitar la Ejecucion Hipotecaria Llame al nfjmero que aparece en la notificaci6n adjunta para obtener mas informacion Cuando Ilame, por favor tenga a la mano la informacion de sus ingresos y gastos para que podamos discutir cuales opciones podrian funcionar para usted. Opciones a considerar si su objetivo es permanecer en su casa :<: cry: c :: ::< < :: Home Affordable Es un programa del gobierno federal que le permite pagar el prestamo bajo los nuevos Modification terminos acordados, que pueden incluir la reduccibn de la tasa de interes, agregar Program(HAMP) cantidades vencidas al final del prestamo, y/o extender el plazo del prestamo. Usted puede calificar para este programa si cumple con los siguientes requisitos: • La cantidad que usted adeuda de su primera hipoteca es igual o menor que$729,750 dolares para una vivienda unifamiliar, $934,200 dblares para una propiedad de 2 unidades, $1,129,250 dblares para una propiedad de 3 unidades o$1,403,400 para una propiedad de 4 unidades • Usted ha documentado que atraviesa por una dificultad financiera y declarado que no tiene suficiente liquidez para hacer los pagos mensuales de la hipoteca. • Obtuvo su hipoteca antes del 1 de enero de 2009. • La propiedad que garantiza el prestamo hipotecario no ha sido condenada o no estA en malas condiciones fisicas como para no poder habitarse incluso si no est6 condenada. • La hipoteca estA garantizada por una propiedad de una a cuatro unidades. Restablecimient Si usted puede poner al dia los pagos de su prestamo,aceptaremos los fondos necesarios o del Prestamo para que el prestamo este al dia hasta la fecha de la venta por ejecucibn hipotecaria. Plan de Pago Un plan de pago le permite a usted hacer sus pagos hipotecarios regulares, ademas de pagar una porcibn de los montos vencidos a traves del tiempo. Esto puede incluir capital, interes,cargos o costos aplicados a su prestamo. Acuerdo Es un acuerdo en el cual aceptamos no proceder con la ejecucibn hipotecaria y/o el cobro Temporal de de los pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de Tolerancia por hacer los pagos requeridos. incumplimiento Modificacion de Una modificacibn del prestamo es un cambio en los terminos originates de su prestamo, Prestamo Las modificadones podrian incluir reducir su tasa de interes, extender el termino o la fecha (no por medio de pago del prestamo, cambiar de un prestamo de tasa de interes ajustable a uno de tasa de HAMP) de interes fija, diferir una parte del saldo del capital impagado al final del prestamo, y/o condonar una parte del saldo de capital impagado. Reclamo Parcial Si usted tiene un prestamo de la Administracibn Federal de Vivienda (FHA)y sus pagos (solamente estan vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca, prestamos de la este programa estA disenado para que su prestamo este al dia mediante la creacibn de FHA) una segunda hipoteca/gravamen sobre su propiedad por el monto que estA vencido. 7196 9006 9296 6537 4344 Opciones a considerar si no puede o no desea quedarse en su casa Home Affordable Disenado para ayudar a los prestatarios que califican para el Programa de Home Foreclosure Affordable Modification (RAMP), pero no consiguieron obtener una modificacion Alternatives permanente a traves del programa. HAFA ofrece la posibilidad de una vents en Program(HAFA) descubierto y, si no tiene exito, una escritura de traspaso voluntario de propiedad en lugar de la ejecucion hipotecaria. Una venta en descubierto es una transaccibn en la que usted vende su propiedad por menos de la cantidad adeudada en el prestamo (sujeto a previo acuerdo de su administrador/prestamista/inversionista), resultando en la liberacibn de nuestro derecho de retencibn sobre su propiedad y evitar la ejecucion hipotecaria. Una escritura de traspaso voluntario de propiedad en lugar de la ejecucion hipotecaria es una transaccibn en la que usted estA de acuerdo de transferir voluntariamente las escrituras de su propiedad a nosotros con el fin de evitar la ejecucion hipotecaria. Venta en Si usted ya no puede hacer sus pagos hipotecarios y su vivienda vale menos de to que descubierto/ usted adeuda, una vents en descubierto le podria permitir vender su vivienda para pagar Venta previa a la la hipoteca. En una venta en descubierto, el prestamista acepta recibir una monto menor ejecucion de to que actualmente se adeuda en el prestamo. Se ofrece a los prestatarios que no hipotecaria(no por califican para HAMP o para otras alternativas de retencibn de la vivienda. medio de HAFA) Escritura de Se usa Como una alternative de la ejecucion hipotecaria. Con una escritura de traspaso traspaso de voluntario de propiedad en lugar de la ejecucion hipotecaria, usted transfiere la titularidad propiedad en lugar de su vivienda y toda la propiedad que garantiza su prestamo hipotecario. Esto puede de la ejecuci6n hacer que el monto total vencido de esa hipoteca se considere como pagado. Se ofrece a hipotecaria(no por prestatarios que no califican para HAMP u otras opciones de retencibn de vivienda, y que medio de HAFA) no pudieron vender la propiedad a traves de una vent@ en descubierto. Estamos aqui para ayudarle. Por favor Ilamenos hoy. r THE COURTS FORM 1 BANK OF AMERICA,N.A., SUCCESSOR IN THE COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY, SERVICING, LP FKA COUNTRYWIDE PENNSYLVANIA HOME LOANS SERVICING, LP 7105 Corporate Drive Plano, TX 75024, J ✓ �n J O( CIVIL Plaintiff, Vs. Jennifer A. Black c ; 2834 Ritner Hwy --� Penn Township, PA 17013, r-nm cn In r—Cn cn cD and -< � , c I Bret G. Black -,"CD o m 2834 Ritner Hwy v Penn Township, PA 17013, �� c Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty(20) days of the appointment date. During that meeting, you must provide the legal representative within twenty(20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully su itt d: Date IL t Patrick J. Wesne , Es wire Milstead &Ass c ates, LLC 220 Lake Driv E st, Suite 301 Cherry Hill,N 002 856-482-1400 856-482-9190 (f) PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 l THE COURTS 1665 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: /PRIMARY CUSTOMER APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes C]No❑ Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender; Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy?Yes❑No❑ 45.27238 PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 1666 THE COURTS 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#1:Model: Year: Amount Owed: Value: Automobile#2: Model: Year: Amount Owed: Value: Other transportation(automobiles boats motorcycles): Model: Year: Amount Owed: Value Monthly Income Name of Employees: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:.(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other prop.payment Install.Loan Payments _ _ Cable TV Child Su ort/Alim. Spending Money Day/Child Care/Tuft. Other 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: 45.27238 2 PENNSYLVANIA BULLETIN,VOL.42,NO. 13,MARCH 31,2012 THE COURTS 1667 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes ❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information,if know,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: O' I/We, ,authorize the above named to use/refer this information to my]ender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options.I/We understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: ✓ Proof of income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days ✓ Copy of a current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation(hardship letter) ✓ Listing agreement(if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson :: Sheriff 11 . Jody S Smith Chief Deputy 2113 OCT 1 4i (!. 2 Richard W Stewart CUMBEj ,kf4Li COUNT` Solicitor J,F .. PENNSYLVANIA Bank of America, N.A. Case Number vs. Jennifer A Black(et al.) 2013-5215 SHERIFF'S RETURN OF SERVICE 09/13/2013 10:13 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Jennifer A Black at 2834 Ritner Highway, Penn Township, Carlisle, PA 1 .f 'I' UTSHALL, DEPUTY 09/13/2013 10:13 AM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Jennifer Black-Wife, who accepted as"Adult Person in Charge"for Bret Black at 2834 Ritner Highway, Penn Township, le, PA 17015. " T TSHALL, SHERIFF COST: $50.78 SO ANSWERS, September 20, 2013 RON1V R ANDERSON, SHERIFF ';cunt Sw e .henf Tc'eosof, i nc. S r r lit .t YWO- f 0Lt l i i 'i : - �. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire MH11 DEC 10 ID No. 315501 AM H: Q4 220 Lake Drive East, Suite 301 CU RLAKD COUNTY Cherry Hill,NJ 08002 PENNSYLVANIA (856) 482-1400 Attorney for Plaintiff File Number: 45.2723 8 BANK OF AMERICA, N.A., SUCCESSOR ' COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, No.: 13-5215 Civil Vs. Entry of Appearance Jennifer A. Black, and Bret G. Black, Defendant(s). ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, in the above captioned matter. I l EADjl- A OCIATES, LLC 1 / 41 II R bert W. Williams, Esquire Attorney ID No. 315501 MILSTEAD &ASSOCIATES, LLC a� �� BY: Robert W. Williams, Esquire „ ._ r ;, - 1� ID No. 315501 "� 1 Tt' {fl 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 a j: �4 (856)482-1400 Attorney for Plaintiff CUMBERLAND CQUNr File Number: 45.27238 PENNs YLvANIA BANK OF AMERICA,N.A., SUCCESSOR BY COURT OF COMMON PLEA MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP 7105 Corporate Drive Plano,TX 75024, ! No.: 13-5215 Civil Plaintiff, Vs. Jennifer A.Black 2834 Ritner Hwy Penn Township,PA 17013 and Bret G.Black 2834 Ritner Hwy Penn Township,PA 17013, Defendants PRAECIPE FOR JUDGMENT,IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Jennifer A. Black and Bret G. Black, Defendants, for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $200,827.95 Interest 8/1/2013 through 12/06/13 $1,372.16 TOTAL $202,200.11 I hereby certify that(1)the addre:ses o th- 'Taint' f.n v Defe cants are as shown above and (2) that notice has been given in accordance bvith R 1: A 7.1 cop, 1.4::4:11 &tit, — 'obert W. 'lliams, Esquire tto y for Plaintiff DAMAGES ARE H 1 REBY ASSESSED AS INDICAT I 0.0_ 416.Sttelati DATE: ( w • PROTHONOTARY CI.,1411-n(d0 T.-gdgclaia ktaded MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner,Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Ilill, NJ 08002 (856)482-1400 Attorney for Plaintiff Our file number: 45.27238 BANK OF AMERICA,N.A., SUCCESSOR i COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP, No.: 13-5215 Civil Plaintiff, Vs. Jennifer A. Black and Bret G. Black, Defendants TO: Jennifer A. Black Bret G. Black 2834 Ritner Hwy, 2834 Ritner Hwy, Penn Township, PA 17013 Penn Township,PA 17013 DATE OF NOTICE: November 13, 2013 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. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If Page I of 3 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 S. BEDFORD STREET CARLISLE, PA 17013 71.7-249-3166 MILSTEAD & ASSOCIATES, LLC By Patrick 3. 'Wiesner, squi}k ID No. 203 145 Attorney for Plaintiff Page 2 of 3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Jennifer A. Black 2834 Ritner Hwy Penn Township, PA 17013 BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, No.: 13-5215 Civil Plaintiff, Vs. Jennifer A. Black, and Bret G. Black, Defendants NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Robert W. Williams, ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. iogewN fta2d)44114tAil P\ID6 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Bret G. Black 2834 Ritner Hwy Penn Township, PA 17013 BANK OF AMERICA,N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, No.: 13-5215 Civil Plaintiff, Vs. Jennifer A. Black, and Bret G. Black, Defendants NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Robert W. Williams, ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff File Number: 45.27238 BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, No.: 13-5215 Civil Plaintiff, Vs. Jennifer A. Black and Bret G. Black, Defendants VERIFICATION OF NON-MILITARY SERVICE Robert W. Williams, Esquire, hereby certifies that he is attorney for the Plaintiff in the above-captioned matter, and verifies the following facts to the best of his information and belief: 1. inquiry has been made with the Department of Defense, and it has been determined that Defendants are not in the Military or Naval Service of the United States or its Allies, and/or do not fall within the provisions of the Servicemembers Civil Relief Act of 2003, 50 USC App.§ 501 2. defendant, Jennifer A. Black, is over 18 years of age, 3. defendant, Bret G. Black, is over 18 years of..e, . DATE: ('1 I k,5 ��� �l liZoibert W. Williams, Esquire Results as of:Dec-09-2013 04:22:18 Department of Defense Manpower Data Center SCRA 3.0 Status Report g f Pursuant to Sery icemembets Civil Relief Act Last Name: BLACK First Name: JENNIFER Middle Name: Active Duty Status As Of: Dec-09-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuate active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of.Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Results as of:Dec-09-2013 04:22:36 Department of Defense Manpower Data Center SCRA 3.0 1�. t d11 ': Status Report v ;> Pursuant to Sere icemembers Civil Relief Act Last Name: BLACK First Name: BRET Middle Name: Active Duty Status As Of: Dec-09-2013 On Active Duty On Active Duty Status.Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 45.27238 BANK OF AMERICA, N.A., SUCCESSOR i COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP No.: 13-5215 Civil Plaintiff, CIVIL ACTION MORTGAGE FORECLOSURE Vs. Jennifer A. Black Bret G. Black Defendants CERTIFICATE OF SERVICE I, Robert W. Williams, Esquire, do hereby certify that the Complaint in Mortgage Foreclosure was served upon Defendants, Jennifer A. Black and Bret G. Black on September 13, 2013 by the Cumberland County Sheriff. A copy of the Service Returns are attached hereto and made a part hereof as Exhibit"A". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18Pa.C.S. § 4 904 relatin:. to unsworn falsification to authorities. Lama • s bert W. Will am's, Esquire At orney for Plaintiff F F • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff P"i�Xr of l off Grr{41'44 Jody S Smith Chief Deputy Richard W Stewart '' •,..s„.` Solicitor OFFICE OF THESk'ERIFF Bank of America, N.A. Case Number vs. Jenrifer A Black(et al.) 2013-52'5 SHERIFF'S RETURN OF SERVICE 39/132013 10:13 AM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personaly” handing a true copy to a person representing themselves to be the Defendant, to wit: Jennifer A.Black at 2834 Rilner H ghway, Penn Township, Carlisle, PA 1 •l /4IP UTSHALL, DEPUTY 39/13,2013 10:13 AM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Jennifer Black-Wife, who accepted as"Adult Person in Charge"for Bret Black at 2834 Ritner Highway,Penn Township, - 'sle, PA 17015. ''"''UTSHALL, I •t SHERIFF COST:$50.78 SO ANSWERS, September 20, 2013 RONNJ R ANDERSON, SHERIFF • (c)CountySute Sheriff,Teleosoft Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK. OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, vs, Jennifer A. Black Bret G. Black Defendants CIVIL ACTION NO.: 13-5215 Civil PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above -captioned matter; 3. and index this writ against the Defendant(s) as follows: Jennifer A. Black Bret G. Black Real Property involved: 2834 Ritner Highway Penn Township, PA 17013 DATE: Amount Due Interest from 12/7/13 to Date of Sale at $10.72 per diem (6%) TOTAL (Costs to be added) cl/n isz_AA-\ 0.18. sv 4 - So -16 103."? I U Sotk" $202,200.11. Respectively submitted, Milste & Associates, LLC Robert'W. Williams, Esquire Attorney for Plaintiff 1 E. Stow Road Marlton, NJ 08053 A -t*a aS m.Sol.L- 3//2`b All that certain lot or tract of land situate in Penn Township, Cumberland County, Pennsylvania designated as Lot 5 as shown on subdivision plan entitled "Final Subdivision Plan for North Edgewood Estates" prepared by Eric L. Diffenbaugh, Professional Land Surveyor, dated June 26, 2001, which plan has been approved by the appropriate municipal authorities as a final subdivision plan, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 84, Page 4 and is bounded and described as follows: Beginning at a set concrete monument at common corner of Lot No. 4 and Lot No. 5 on the aforesaid plan and land formerly of Ronald B. Bolinger now of Randy S. Shuman; thence along common boundary line of Lot No. 4 and Lot No. 5 north 22 degrees 13 minutes 3 seconds west 364.94 feet to a set parker kalon nail at common corner of Lot No. 4 and Lot No. 5 and Ritner Highway (SR 0011); thence continuing along Ritner Highway (SR 0011) and Lot No. 5 north 67 degrees 45 minutes 24 seconds east 150.00 feet to a set parker kalon nail at common corner of Lot No. 5 and Lot No. 6; thence continuing along common boundary line of Lot No. 5 and Lot No. 6 south 22 degrees 13 minutes 3 seconds east 365.00 feet to a set iron pin at common comer of Lot No. 5 and Lot No. 6 and land now of Randy S. Shuman; thence along said Shuman Land and line of Lot No. 5 south 67 degrees 46 minutes 53 seconds west 150.00 feet to the point and place of beginning. Containing -1A 707 acres, more or less and being all of Lot No. 5. Under and subject to dedicated right-of-way lines, building set back lines, and other notations as contained on the above -referenced subdivision plan. Under and subject to restrictions entitled North Edgewood Estates Restrictions a copy of which are attached to and made part of the deed dated April 25, 2003, conveying title to Roger L. Hosfelt, single man. Being The Same Premises Which Randy S. Shuman, by deed dated April 25, 2003, and recorded in the Recorder of Deeds Office, Cumberland County, Deed Book 256, Page 4140, granted and conveyed to Roger L. Hosfelt, grantor herein. And the said grantor covenants and agrees that he will warrant specially the property hereby conveyed. Title to said Premises vested in Bret G. Black and Jennifer A. Black, husband and wife by Deed from Roger L. Hosfelt, single man dated 03/16/2004 and recorded 03/18/2004 in the Cumberland County Recorder of Deeds in Book 262, Page 511. Being known as 2834 Ritner Highway, Penn Township, PA 17013 Tax Parcel Number: 31-09-0521-042 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 45.27238 LU -1 THE PROTH0:401',4; 29I4 SEP 18 PH 2: 1 CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, vs. Jennifer A. Black Bret G. Black Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-5215 Civil AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 2834 Ritner Highway, Penn Township, PA 17013: . Name and address of Owners(s) or Reputed Owner(s): Jennifer A. Black 2834 Ritner Highway Penn Township, PA 17013 Bret G. Black 2834 Ritner Highway Penn Township, PA 17013 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP (Plaintiff herein) 7105 Corporate Drive Plano, TX 75024 r 4. Name and Address of the last recorded holder of every mortgage of record: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP (Plaintiff herein) 7105 Corporate Drive Plano, TX 75024 5. Name and address of every other person who has any record lien on the prope None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Cumberland County Tax Bureau 2834 Ritner Highway 21 Waterford Drive, Suite 201 Penn Township, PA 17013 Mechanicsburg, PA 17050 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Penn Township Tax Office 2655 Walnut Bottom Road Carlisle, PA 17015 Big Spring School District 45 Mount Rock Road Newville, PA 17241 Department of Domestic Relations Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Department of Revenue Bureau of Individual. Taxes Inheritance Tax Division P.O. Box 280601 Harrisburg, PA 17128-0601 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Robert W. Williams, Esquire Attorney for Plaintiff NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES 1N INTEREST AND CLAIMANTS OWNER(S) Jennifer A. Black Bret G. Black PLAINTIFF/SELLER: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP DEFENDANT(S): Jennifer A. Black 4=1 Bret G. Black 7)7.- 7L--- ---i -,- mu) u) ri r. F =1-r1 -0 •-c;, PROPERTY: 2834 Ritner Highway = u)c— , e - Penn Township, PA 17013 -<> ---c =-,- >- --) = -0 cD.: (Improvements erected thereon) _,— = c) ( /-') JUDGMENT AMOUNT: $202,200.11 x _ --i -< CUMBERLAND COUNTY No.: 13-5215 Civil The above captioned property is scheduled to be sold at Sheriffs Sale on March 4, 2015 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed hereto within 10 days after the filing of the schedule. Sincerely, Robert W. Williams, Esquire MILSTEAD & ASSOCIATES, LLC 1 E. Stow Road Marlton, NJ 08053 45.27238 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 45.27238 r 01 I. ILL THE PROTHONO ;,S'f 2014 SEP 18 PH 2: I 1 CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, vs. Jennifer A. Black Bret G. Black Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-5215 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 2834 Ritner Highway, Penn Township, PA 17013, is scheduled to be sold at sheriffs sale on March 4, 2015 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $202,200.11 obtained by Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened, you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE LISTED. BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 All that certain lot or tract of land situate in Penn Township, Cumberland County, Pennsylvania designated as Lot 5 as shown on subdivision plan entitled "Final Subdivision Plan for North Edgewood Estates" prepared by Eric L. Diffenbaugh, Professional Land Surveyor, dated June 26, 2001, which plan has been approved by the appropriate municipal authorities as a final subdivision plan, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 84, Page 4 and is bounded and described as follows: Beginning at a set concrete monument at common corner of Lot No. 4 and Lot No. 5 on the aforesaid plan and land formerly of Ronald B. Bolinger now of Randy S. Shuman; thence along common boundary line of Lot No. 4 and Lot No. 5 north 22 degrees 13 minutes 3 seconds west 364.94 feet to a set parker kalon nail at common corner of Lot No. 4 and Lot No. 5 and Ritner Highway (SR 0011); thence continuing along Ritner Highway (SR 0011) and Lot No. 5 north 67 degrees 45 minutes 24 seconds east 150.00 feet to a set parker kalon nail at common corner of Lot No. 5 and Lot No. 6; thence continuing along common boundary line of Lot No. 5 and Lot No. 6 south 22 degrees 13 minutes 3 seconds east 365.00 feet to a set iron pin at common corner of Lot No. 5 and Lot No. 6 and land now of Randy S. Shuman; thence along said Shuman Land and line of Lot No. 5 south 67 degrees 46 minutes 53 seconds west 150.00 feet to the point and place of beginning Containing 1.1-707 acres, more or -less -and being -all of Lot No. 5. Under and subject to dedicated right-of-way lines, building set back lines, and other notations as contained on the above -referenced subdivision plan. Under and subject to restrictions entitled North Edgewood Estates Restrictions a copy of which are attached to and made part of the deed dated April 25, 2003, conveying title to Roger L. Hosfelt, single man. Being The Same Premises Which Randy S. Shuman, by deed dated April 25, 2003, and recorded in the Recorder of Deeds Office, Cumberland County, Deed Book 256, Page 4140, granted and conveyed to Roger L. Hosfelt, grantor herein. And the said grantor covenants and agrees that he will warrant specially the property hereby conveyed. Title to said Premises vested in Bret G. Black and Jennifer A. Black, husband and wife by Deed from Roger L. Hosfelt, single man dated 03/16/2004 and recorded 03/18/2004 in the Cumberland County Recorder of Deeds in Book 262, Page 511. Being known as 2834 Ritner Highway, Penn Township, PA 17013 Tax Parcel Number: 31-09-0521-042 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Vs. NO 13-5215 Civil Term CIVIL ACTION — LAW JENNIFER A. BLACK BRET G. BLACK WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $202,200.11 L.L.: $.50 Interest FROM 12/7/13 TO DATE OF SALE AT $10.72 PER DIEM (6%) Atty's Comm: Atty Paid: $199.53 Plaintiff Paid: Date: 9/18/14 • (Seal) REQUESTING PARTY: Name: ROBERT W. WILLIAMS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 1 E. STOW ROAD MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy