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Home My WebLink About13-5380 Supreme CourfTof`Pennsylvania Court Comoro , pleas For Prothonotary Use Only: C if elr Sheet (t +� Docket No: CUMSERLND County rr' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the, f ling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ix Complaint Writ of Summons D Petition Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T OCWEN LOAN SERVICING, LLC DAVID J. LEACH I Are money damages requested? Dollar Amount Requested: within arbitration limits Yes No O (check one) Qoutside arbitration limits N Is this a Class Action Suit? Yes X. No Is this an MDJAppeal? D Yes S No A. Name of Plaintiff /Appellant's Attorney: M. TROY FREEDMAN E] Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections (7l Nuisance r❑ Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) � Employment Dispute: El Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other Zoning Board T 0 Other: I Other: O MASS TORT ll Asbestos N Tobacco i Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: El Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment Ground Rent n Mandamus El Landlord/Tenant Dispute 0 Non- Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: E] Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG, ESQUIRE (75736) =)F _ � 1, Ct-.Q- M. TROY FREEDMAN ESQUIRE (85165) ' E Pr� oTH(jt 4 LESLIE J. RASE, ESQUIRE (58365) �^� TA R CHRISTINA C. VIOLA ESQUIRE (308909) An 10. ANDREW J. MARLEY (312314) CUMBE 2 STERN & EISENBERG, PC c, rr AHQ NI 1581 MAIN STREET, SUITE 200 PEHNS YLVq U T L� t WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 �1 V. Civil Action Number: 3 David J. Leach 527 Walnut St Lemoyne, PA 17043 -1547 COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. a v %vo? -)S � I2�olo15Sq IF YOU CANNOT_ AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717- 249 -3166 STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. Civil Action Number: David J. Leach 527 Walnut St Lemoyne, PA 17043 -1547 COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within expuestas en las paginas siguientes, usted twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance fecha de la demanda y la notificacion. Hace personally or by attorney and filing in writing falta asentar una comparencia escrita o en with the court your defenses or objections to the persona o con un abogado y entregar a la claims set forth against you. You are warned that corte en forma escrita sus defensas o sus if you fail to do so the case may proceed without objeciones a las demandas en contra de su you and a judgment may be entered against you persona. Sea avisado que si usted no se by the court without further notice for any money defiende, la corte tomara medidas y puede claimed in the complaint or for any other claim or continuar la demanda en contra suya sin relief requested by the plaintiff. You may lose previo aviso o notificacion. Ademas, la money or property or other rights important to corte puede decidir a favor del demandante y you. requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades u otros LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para usted. A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado FORTH BELOW TO FIND OUT WHERE YOU inmediatamente. Si no tiene abogado o si CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero suficiente de pagar tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o llame por ABOUT HIRING A LAWYER. telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legal. LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717- 249 -3166 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTERINOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. Civil Action Number: David J. Leach 527 Walnut St Lemoyne, PA 17043 -1547 COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Ocwen Loan Servicing, LLC (hereinafter referred to as " Ocwen Loan Servicing, LLC ")with offices located at 1661 Worthington Road, Suite 100 , West Palm Beach, FL 33409. 2. Defendant(s) are David J. Leach, adult individual with a last -known address of 527 Walnut St, Lemoyne, PA 17043 -1547. 3. Under date of 02/23/2007, David J. Leach executed and delivered to MERS, Inc. as nominee for Quicken Loans Inc. a mortgage upon the property 527 Walnut St, Lemoyne, PA (the "Property ")to secure the payment of the sum of $82,400.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 05/25/2007 at Book 1993 Page 2716 and is incorporated herein by reference as though set forth at length herein. A copy of the mortgage and legal description of the Property is attached hereto and made a part hereof as Exhibit "A ". 4. An assignment transferring the mortgage originally with MERS, Inc. as nominee for Quicken Loans Inc. (Originating Lender)as follows: a. Assignment from MERS, Inc. as nominee for Quicken Loans Inc.to Ocwen Loan Servicing, LLC, was duly recorded on 11/07/2012 at Instrument #201234461 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. David J. Leach is the real owner of Property 527 Walnut St, Lemoyne, PA 17043. 6. In accordance with Pennsylvania law, the required pre - foreclosure notice (under Act 91 /Act 6 as may be applicable), was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit `B ". 7. The said loan is in default as a result of the failure to pay the monthly installments of $497.83 due on August 1, 2011 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE ... ............................... .....................$82,397.79 INTEREST accrued thru 08/26/2013 of ............................... $12,854.67 Interest after 08/26/2013 shall accrue at the per diem rate of $16.37.) LATE CHARGES accrued thru 08/26/2013 of .....................$124.45 Late charges after 08/26/2013 shall accrue at the monthly rate of $24.89.) ESCROW ADVANCES .... ............................... .....................$14,396.27 FEES BILLED ................ ............................... ........................$473.00 ATTORNEY'S FEE ............................... ........................... ..... $4,119.89 TOTAL............................... ............................... ....................$114,366.07 Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law, and may be requested as part of any judgment requested and collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, Ocwen Loan Servicing, LLC requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property, for the sum of $114,366.07 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue over the course of the instant matter and to which Plaintiff is entitled to recover. STERN & EISENBERG, PC BY: V TEVEN KSENBERG, ESQUIRE . TROY EDMAN, ESQUIRE ❑ JACQUINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Date: David J. Leach - 527 Walnut St, Lemoyne, PA 17043 VERIFICATION I, Michael Overman , hereby state that I am a(n) Contract Management of Ocwen Loan �c�r�ir�ator Servicing, LLC. Ocwen Loan Servicing, LLC maintains, and is in contro o , a ocuments and records supporting the statements in the foregoing complaint and therefore is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: q , 3 — t3 Name: Michael Overman Title: Contract Management Ocwen Loan Servicing, LLC Coordinator 2007 NV 25 An 10 34 Prepared B Latasha Fields 20555 Victor Parkway Livonia. MI 48152 (800)226 -6308 Return To- Title Source Inc. 1450 W. Long Lake Rd. 4th Fir. Troy, MI 48098 1- 248 - 312 -1200 Parcel Number n Premises: 527 Walnut $t 12-2 - 67 -066 \ Lemoyne. PA 17043 504691 [*w Aban TlAe Lime For Re0m*mg Data] 4679797862 MORTGAGE MIN 100039046797978620 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain Hiles regarding the usage of words used in this document are also provided in Section 16. (A) "Security InstrUmenc" means this document, which is dated February 23. 2007 together with all Riders to this document. n B) "Borrower" is David J. Leach, a single man Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Leader and Lender's succeasors'and assigns. MOM is the mortgagee under this Security It. MERS is organized and existing under the ]aws Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501 -2026, tel. (888) 679 -MFRS. PO 723005 single Family - F-We MNfFM"a Mac UNMORM PZTWMBff WITH 1111018 Form 3039 1101 �•"(PA) (05021 AIIIIIIIIIIIIIIIIII Page 1 at 15 WNJs: 111 ++ 1101 VMPMortDn*Sayrt". Inc. 0=)521 -7291 q"979797943 O]]] 237 011t KI 99 3 2.7 1 6 EXHIBIT 4679797862 (D) "Lender" is Quicken Loans Inc. Lender is a Corporation organized and existing under the laws of the State of Michigan Lenders address is 20555 . Vi ctor Parkway. Livonia. MI 48152 (E) "Note" means the promissory note signed by Borrower and dated February 23, 2007 The Note states that Borrower owes Lender Ei ghty Two Thousand Four Hundred and 00 /100 Dollars (U.S. s82,400.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2037 (F) "Property" means 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 all sums due under this Security instrument, plus interest. (II) "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]: 0 Adjustable Rate Rider F Condominium Rider El second Home Rider 0 Balloon Rider O Planned Unit Development Rider 1-4 Family Rider El VA Rider Q Biweekly Payment Rider W Other(s) [specify] Legal Attached M "ApplicAle 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 Does, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I) 'Wechonk blinds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (hO "Miscellaneous Proceeds" means any compensation. settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) fir: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property• (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. tb mortgage Insumace" means insurance protecting Lender against the nonpayment of, or default on, (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 Instrument. W OWS : AIPA) toso2l ore. 2 or �e Form 3038 1101 a-6 QO4979797691 023 7 1f7 ? 7 4679797862 M "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its unplemertting t�ulation, Regulation X (24 C.F.R. Part 3500). as they might be aarended from time to time, or any adduUOnal or successor legislation or tegnlation that governs the same subject aoattex. Ace used in this Security Instrument, 'RESPA' refexs to all regtutremttut and restritrtierns that are impoaod in regard to a 'federally related mortgage loan" eves if the Loan does not qualify as a "federally related mortgage loan' under RESPA. (Q) "Saccenor in Intereat of Borrower" means any party that has Calm title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, ant and convey to MERS (solely as n gr ominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described ym peM located in the County rtype of Ra nuft I"6dkw.] of Cumberland lxamc or Recording 7arisdtxiogl: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD. which currently has the address of 527 Wa 1 nut St Lemoyne [city], Pennsylvania 17043 [sal ( "Property Address "): [zip cone] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and frxtures now or hereafter a part of the property. All replacements and additions shalt also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the " Property.' Borrower tmderatwAs and agrees that MM holds only legal title to the mterests 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 rrght: 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 f action required of Lender including, but not curi limited to, releasing and canceling this Sety Instrumen 4R-SA(PA) t05021 PVe 3 of is Farm 3039 1101 91 MI aoarrn>f r992 0 s 3 - n `1 p p r 4679797862 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Pnindpal, Interest, lir=OW 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 Leader unpaid. Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank chock, 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 Funda Transfer. Payments are deemed received by Lender when received at the location defflmated 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 arc 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 doe date, then Leader nerd not pay interest out unapplied funds. Leader may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of tithe, 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 Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all Payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from_ Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment inteaa: a -6A(PA{ tosort F"* 4 of 16 Form 3038 1/01 I Ii7 I i2 1233 1"Miff 27 1 9 1 t 4679797862 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. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasebold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lander 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, ad 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 Leader waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any 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 Leader requires, WWI furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Leader any such amotmt. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to . Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can acquire 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 Leader is an instim ion whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Leader shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless lender pays Borrower interest on the Funds and Applicable Law 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, Leader shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest at"IPA) {oso2) rp" 5 or ua Form 3039 1101 g04479777367 03 ] 1!7 0 '. �� 2 4679797862 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defraud under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Leader shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Communi Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith . by, or defends against enforcement of the lien in, legal proceedings which in Leader'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 mom 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. S. Property Iasuraae:e. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, 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 insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappitip or similar changes occur which reasonably might affect such de termination 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. INsW.: "IPA) to5o2i r. a W Its Fo.m 3039 trot 11 1 q � �.ez 0 _ 37 2721 ua »t, .» r 4679797862 If Borrower fails to maintain any of the coverages described above, Lander may obtain insurance coverage, at Leader'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 bender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S 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 Lander, for damage to, or destruction of, the Property, such policy shall inehrde 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. Lander 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 bender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds. Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Foes 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 Leader (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar w such rights are applicable to the coverage of the Property. Leader may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. lnkW*: 4ft"(PA) 40 802) P" 7of sa Fwm 3039 1101 QO.i7,7,7.i] 02]] 1,7 0 li� 3- 4679797862 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; Iespections. 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 S 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 tiling of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lander 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. S. 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 header's Interest in the Property and Rights Under this Security betrument. 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 L eider'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' few 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, Leader 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. 4ft-OMM (05021 FVQ a or ie Form 3039 1/01 p04C79197092 023 M3PG2723 4679797862 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from lender to Borrower requesting payment- If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Leader agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any ream, the Mortgage Insurance coverage required by Fender ceases to be available frorn the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage insurance previously in effect, from an alternate mortgage insurer selected by Leader. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to ]Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Leader will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period the Lender requires) provided by an insurer selected by Lender again becomes available, is obtained. and Lender requires separately designated payments toward the premiums for Mortgage Insurance. if Fader required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay ingest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indire cdy) 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 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 a rranxement is often termed "captive reinsurance. " Purther: (a) Any such agreed will not affect the amounts that Borrower hna agreed to pay for Mortgage Insurance, or any otbw teurma of the Iowa. Such agreenmAs wf cot increase the amount Borrower will owe for Mortgage 1[ owunce, sad they w W not end& Borrower to any refund. lnhJak: Ift-WPA) cop a of 16 Foam 3038 1/01 l isp ! 3PG2724 QO�i7l7l7li] 0333 1!7 07 4916 011s i 1 1 4679797862 (b) Any such agreements will not axed the rights Borrower has - it awy - with reaped to the Mortgage Insurance nn&w the Homeowners Protection Ad of 199th or any other law. 11eae r1oft na include the right to reed" MUW disclostices, to request and obtain ameeldiaa of the Mortgage Insurance, to have the Mortgage hwManee twntinated auto0s 01*11>ty, and/or to receive a refuwd of any Mortgage Insurance p'erolwas that were aoearned at the tune of sock cancellation or terwinatlon. 11. Assignment of Miscellaneous Prvoee&; Forfeittme. All Miscellaneous Proceeds are hereby assigned to and shell 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 fr4mble and Lender's security is not lessened• During such repair and restoration period, Lender shall have the right to hold such MisceHanous 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. Leader may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an 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 Leader'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 Z. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums segued by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instr mxw shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for dsanages, Borrower fails to respond to Lender within 30 days alter the date the notice is given, Leader is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Leader's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be at- copse (0soz) Pp" 10 of 16 Form 3039 7ro1 pI II�IN #�4i 1 1 - 1 - 9 - 93P62725 q0 {4797979[1 0233 197 1019 4679797862 dismissed with a ruling that, in Lender'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 Leader's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Leader shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several I.iabillty; Co- airs; S000eewrs and Assure Bound. Borrower covenwts and agrees that Borrower's obligations and liability shall be join and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co- signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and a" other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of . Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided m Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connexion with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so t hat the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out Of such overcharge. IS. Notices. All notices given by Borrower or Lender in connexion with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 4ft-GAIPA) P+v.11 of Is Form 3038 1101 111MUMM011M 9 3 PG 2 7 2 6 4679797862 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 Leader. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, them 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 Leader until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabitity; Rules of Combmetion. 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 requireaomts and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. T r"der of the Property or a Bendidal T taut 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 surms 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, Lender shall give Borrower notice of accderation. 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 mast pay all sums secured by this Security Instrument, If Borrower fails to pay these sutras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Aeederatba. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any tine prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Leader all sums which chest would be due under this Security Instrurment and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or at Lz -6A(PA) rosozf Pa" �z m le Form 9039 1107 QO 4679717962 0233 157 121t: M:# 993?G27:27 I 4679797862 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including. but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the same secured by this Security Instrument. shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Leader: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate sha11 not apply in the case of acceleration under Section 18. 20. Sale of Note; Charge of Loan Service r, Notice of Grkwance. 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 Servioer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. Them: also might be one or more changes of the Loan Servioer unrelated to a sale of the Note. If there is a change of the Loan Servioer, Borrower will be given written notice of the change which will state the frame and address of the new Loan Servioer, 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 Servioer 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 Servieer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Leader 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 parry (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable. Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration, given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) 'Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) *Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law, and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ft "MA1(05021 P" 13 C416 Form 3039 1/01 Q04979797992 1 1!7 1]lt 993PG2728 4679797862 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or thremen to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting 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 use, or storage on the Property of small. quantities of Hazardous Substances that are g y�gnized to be appropriate to normal residential uses and to maintenance of the Property (including, buf not limited to, hazardous substances in consumer products). Borrower shall promptly give leader written notice of (s) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other ramedistion of any Hazardous Substance affecting the Property is necessary Borrower shall pertly take all necessary remedial actions in accordance with Environmental Law. 146ing heroin shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and tender further covenant and agree as follows: 22. Acceiatition; Remedies. Leader stall give notice to Borrower to aaodetr"" tolbwhig Borrower's breach of any eovesiant or agtreassew In this Security not (bat not pebr to accdaratiotu under Section 18 tmiess Law provides otherwise). Leader shall notify Borrower of, aamoog other thino: (a) the l (b) else adbn to puce the ddi salt; (c) when the detaadt mast be cared; and (d) that failure to pre the dhdt as spedfkd may Weak in soeeleration of the sum secured by this Security Inrtrasest, tosedosaae by as al fmg and sale of the Property. Leader shail.it rdwr inform Borrower of the digit to ceiaeta - e af6w accdsration and the right to assert in the foreciosarre the ma- ddateaoe of a detaatt or any otlxr ddeme of Borrower to aooderation and [oemiesa. l tie dehdt is not cmed as apadlied, Leader at its option may require immediate ppaayn"M ins fu of all stases secacsd by tbis see ity IrasuvwAnt without fbrthcr demaod sued may foreclose this Seotrk' Iustrrseesit by Judicial proceeding. Leader shall be entitled to coiled all expenses bKwred in pwvabg the c+easedis provided in dds Sectim 22, ice but not limited to, attorneys' fees and costs of title evidence to the e:teot pwuMed by licable Law. 23. Release. Upon payment of all gums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such oecurr+emoe, Lender shall discharge and satisfy this Security ]nstntment. Borrower shall pay any recordation costs. Lander 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 under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and axle, and homestead exemption. 25. Retmstatemeat Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Insmiment shall be a purchase money mortgage. 27. Interest Rate After Judgment Borrower agrees that the interest rate payable after a )tidgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. mow.: at-eAWAt tow2i P..• 14 of is Form 3039 1/01 g04679797.92 0233 197 X414 19 PG 2 7 2-9 4679797862 BY SIGNING BELOW. Borrower arc W and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: a It 02/23/2007 (Seal) DavVT Leach - Borrower (Seal) - Borrower (Scal) (Seal) - Borrower -Borrower (Seal) (Seal) - Borrower -Borrower (Sew) (Seal) - Borrower -Borrower 4ft-aA(PA) (oaozi r. a of 1 a Form 3039 1 /01 ql iff , 6 ] ', ��9�9PG 2 73 =0 4679797862 COMMONWEALTH OF PENNSYLVANIA, Cumberland County 0: On this, the 23rd day of February. 2007 , before me, the undersigned officer, personally appeared David J. Leach, a single man known to me (or satisfactorily proven) to be the person(s) whose nan*s) is/am subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein comained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires:'_a OE now R aoai 11MIN K O A o1I I � � 111.28, �P 'r ide of offiocr Me~. rwwwykw& AeNdedm Of 1 k ftdw Ce tifkate of Residence I, , do hereby certify that the correct address of the within -named Mortgagee is P.O. Box 2026, Flint, MI 48501 -2026. Witness my hand this ( J day of Teb A" of MoaMee kitWs: 1� 6A(PA) (0502) wp to of in Fpm 3039 1101 mm g04679797812 0117 is7 11.1 9913FG .� a r V EXHIBIT - LEGAL DESCRIPTION Tax ID Number 12 -21- =7.066 Land situated in the Borough of Lemoyne in the County of Cumberland in the State of PA ALL THAT CERTAIN LOT OF LAND SITUATE N THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA. MORE PARTICULARLY BOUNDED AND DESCRISIED AS FOLLOWS TO WIT: BEGWMG AT A POINT, THE INTERSEC710101 OF THE NORTHERLY LINE OF WALNUT STREET WITH THE EASTERLY LINE OF LANDS OF THE LANOYNE SCHOOL DETRICT, FORWERLY RELLYL FARM THENCE ALONG SAID LEMOYNE SCHOOL DwmcT LANDS NORTH TYOENTY-OIE (21) DEGREE FORTY -ow (41) MINUTES WEST TOW HUNDRED SIXTEEN AND EIGHT- TENTHS (21") FEET TO A POINT: THENCE ALONG AN ALLEY NORTH EIGHTY -NNE (N) DEGREES TWELVE (12) W4UTES EAST FORTY AND FWFy4 x oW.HUNDNMHS (4&" FEET TO A POINT. THENCE ALONG LOT NO. 187, ON THE HEREIIIIAFYER M@171iONED PLAN, SOUTH TWENTY -FOUR PQ DEGREES FIFTY-FOUR (34) IA O ES EAST TWO HUNDRED TWO HUNDRED TWO AND TWO -TES (5022) FEET TO A POINT ON WALNUT STREET; THENCE ALONG WALNUT STREET Ni A WESTERLY DIRECTION FWW(50) FEET TO A POINT, THE PLACE Of SISMUWIG. BEING LOT NO. l8k AS SHOWN ON THE PLAN OF LOTS FOR THE RE SUBDIVISION OF A BLOCK OF LOTS NOS. 175 TO 1186, INCLU01IE, AS SHOWN ON THE PLAN OF FORT WASHINGTON. PREPARED FOR THE SECOND NATIONAL BANK OF MECHANKAMM BY MW BLOCK. REGISTERED ENGINEER. COUNTY OF CUMBERLAND IN PLAN BOOK 3. PAGE 15. Commonly known as: 327 Walnut St, Lonmyno, PA 17043 l i v th i s to be recorded Cumberland County PA Recorder of Deeds STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA. 18976 (215) 572 -8111 Date: July 19, 2013 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEM" can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): David J. Leach PROPERTY ADDRESS: 527 Walnut St, Lemoyne, PA 17043. MAILING ADDRESS: 527 Walnut St, Lemoyne, PA 17043 -1547 LOAN ACCT. NO.: 7130107670 ORIGINAL LENDER: MERS, Inc. as nominee for Quicken Loans Inc. CURRENT LENDER/SERVICER: Ocwen Loan Servicing, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, x IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND x IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right, to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application . to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS. EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 527 Walnut St, Lemoyne, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from August 1, 2011 through and including July 19, 2013 as follows: Payments of $497.83 due on 08/01/2011 through and including 09/01/2011, in the amount of .............. ............................... ........................$995.66 Payments of $910.32 due on 10/01/2011 through and including 01/01/2012 in the amount of ................ ............................... ......................$3,641.28 Payments of $1,661.33 due on 02/01/2012 through and including 07/01/2013 in the.amount of ................. ............................... .....................$29,903.94 Other charges (explain/itemize): Latecharges: .......................................................................... $124.45 Feesbilled ........................ ............................... .......................$463.00 Other charges ( explain) . ............................... ..........................$0.00 Lesssuspense ................ ............................... ..........................$0.00 TOTAL AMOUNT PAST DUE: .................................................... $35,128.33 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $33,467.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen P.O. Box 6440 Carol Stream, IL 60197 -6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged p rope rty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you `1 cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yqu still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by pgying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Ocwen Loan Servicing, LLC Address: P.O. Box 6440 Carol Stream, IL 60197 -6440 Phone Number: 800 - 310 -9229 407 - 737 -6300 (fax number) Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & EISENBERG, PC BY: ` Stern & Eisenberg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. Gorr e..ensive Housing PENPENNS LYaN lLYaN1sHOUSENGfINs'VCEaGEHfY? Quns in /`1 envies, Agendas de. Consejo al Clierite para Yyien da Cumberland County "CCC.S'otYUestem PA- .YoiIC 55`GbveeNillRa2d Dalla A_PA.17313 888.511222 )1888.511222? ,wwiccrsaa.hin Community Action.Commission - Capital Region 1514 Derry St Hardshurg PA 1 ?104 ?17232.975? : ,41N•l.Ca^_t(J^',unN 4N Harrisburg Fair Housing Cvtuticii 2100 tF16th St Hairisir'urg PA 71110' 717238.9540 Housing 8 RedeviDlopme! iAWhority- 'Cu . mh'eriand . Cnty 11 N Hanover.;t; ST E.104 carfsL'PA 17013: 866.603.5907 ! 71 ?.249.0789, ,w,naccnra.com Pathstone Corporation Pennsylvania 1,625 NoIth.Second St Harrishu'tg PA 1 ?102 717234.6616' W_- zmauf n o,, /n tN<tor pn tm Pennsylvania Interfaith ConmLiriiiy Programs, Inc, 40 E High St Getrystiurg PA 17325 ?17.334.1518 i,n, kadamscha.om NOTE: Mary.of the agencies offer workshop's at various location Sites; call to find a location near you. Report East updated:4/30/2012 AM Page 1 of 1 U.S. POSTAGE>> F'Mi E . sowEs Name and STERN & EISENBERG r r , ; Address Mil 261 Old York Road -The Pavilion -Ste 410 ZIP 18976@ of Sender Jenkintown, PA 19046 02 104 002.400 0001371685JUL 19 2013. Line Article Number r 1 * * ** David J. Leach 527 Walnut St, Lemoyne, PA 17043 -1547 2 * * ** 3 * * ** Postal 4 * * ** CERTIFIED MAILT. RECEIPT ( M ru 6 * * * * PHFA ui PO BOX 8029 Q Postage HARRISBURG, PA 17105 -8029 m y f Certified Fee S3 C3 Return Receipt Fee P Hema k C3 (Endorsement Required) ,Fz 8 * * ** C3 Restricted Delivery Fee =.ee, (Endorsement Required)' O ' 9 r) Total Postage & Fees r� 10 * * ** � = ,j Sent To _ M David J. Leach r p State ZIP + Lemo yne , --- -- ----• -- 11 * * ** ! PO Box No . A t. 527 Walnut St • ti� o PO , City, State ;,}'•° - - ------ C3 o r PA 17043 -1547 12 PS Form 3800. August 2006 See Reverse for Insiructi na== 13 * * ** 14 * * ** 15 RE : ACT NOTICE Total Number of Total Number of Pieces Postmaster, Per (Name of Receiving Pieces Listed by Sender Received at Post Office Em to ee Ocwen Loan Servicing, LLC Plaintiff IN THE COURT OF COMMON V. PLEAS OF CUMBERLAND David J. Leach COUNTY, PENNSYLVANIA Defendant(s) . w :m 03 � 1 - n COMPLAINT IN m . -' MORTGAGE FORECLOSUR E c* 13s� g v Ci v il ;_ ?" NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of th is foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conci Nation conference is scheduled, you will. have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY TIDS NOTICE. TIDS PROGRAM IS FREE. RespectfulI ubmitted: Date: l l 3 [S)6ature of Counsel for Plaintiff] Ocwen Loan Servicing, LLC Plaintiff IN THE COURT OF COMMON V . PLEAS OF CUMBERLAND David J. Leach COUNTY, PENNSYLVANIA Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date: Legal Representative Signature of Defendant Date: Signature of Defendant Date: IORM 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: CUSTONNIE10111MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes[] No[] Listing date: Price: S Realtor Name: Realtor Phone: Borrower Occupied? Yes F] No ❑ wiling Address (if different); City: State: Zip: Phone Numbers: Horde: Office: Cell: Other: E-mail: # of people in household: How long? 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: T.nnn Ntimher ............ ...... . ...... . ... . ....... .... ........ . If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: Other Real Estate: $ Retirement Funds: $ $ Investments: $ Checking: $ Savings: $ $ Other: $ S Automobile 4T Model: Year: Amount owed: - Value: Automobile 42: Model: Year: Amount owed: Value: Other transportation (automobiles. boats, motorcycles]: Model. Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3, Additional Income Description (not wages): I monthly amount:. 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh, Fees Auto Insurance Med., not covered) Auto fuel/repairs i Other prop. payment Install. Loan Payment I Cable TV I Spending Money Child SuppLq�/Alim. Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes [I No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you Made application for HomenTers Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No [] If yes: please indicate the status of the application: Have you had any prior negotiations -, vith your lender or lender's loan servicing company to resolve_ your_delinquericy? 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 sertiicing.company: Lender's Contact (NameY Phone: Servicing Company (Name): Contact: Phone: IrVe, , authorize the above named to use/refer this information to my lenderlse6icer: for the sole purpose of evaluating.my financial situation for possible mortgage options. I/We understand that Uwe ware under no obligation to use the services prodded by the above named Borrower Signature Sate Co•Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Y Proof of income Past 2 bank statements Y Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for.delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' ti��,r n9 s'�;rara�a�rl , Jody S Smith Chief Deputy C, a i`, 3 SEP 2 7 AM 10: I c Richard W Stewart CUMBERLAND CUU I Y Solicitor PENNSYLVANIA Ocwen Loan Servicing, LLC Case Number vs. 2013-5380 David J Leach SHERIFF'S RETURN OF SERVICE 09/19/2013 06:45 PM- Deputy Ryan Burgett, 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: David J Leach at 527 Walnut Street, Lemoyne Borough, Lemoyne, PA 17043. RYAN BURGETT, D `U SHERIFF COST: $46.08 SO ANSWERS, September 24, 2013 RON■ R ANDERSON, SHERIFF tc cur,-'ui e 3hertf.re?;gs;f`....,,. fry . ANDREW J, MARLEY, ESQUIRE I i-W�U-) 4 , J, STERN & EISENBERG PC 101; 1581 Main Street, Suite 200 ��C 23 J , The Shops at Valley Square UERA+KI1 CCU Warrington, PA 18976 YL��,(JUNr (215) 572-8111 I.D. #312314 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Ocwen Loan Servicing, LLC v. David J. Leach Civil Action Number: 13-5380 Defendant(s) ORDER TO SETTLE,DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as settled, discontinued and ended, without prejudice, upon payment of your costs only. STERN & E NBERG, PC ANDREW J, ► ' 'd EY Attorney f• Pl.• tiff 12/18/2013