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HomeMy WebLinkAbout14-2860 f k Supreme.Court.of Pennsylvania z Coi ,4z n C�IIni Pleas kka Ty etFor.Prot7toteolar� L`se Dn p CUIV £+3te� i County Rocket ,�o y 27,e information collected on this f677rr is used solea'for court administration prr,-poses. This form does not szrpplernent or replace the filing and service of headings or'0' rher papers as required by lase or rids o court. .............. T..- < ..........._...-_P P ........ cd. 1....... ...... .. .f....._.. ._....._ Commencement of Action: ®Complaint El Writ of Summons ❑Petition ~' ❑Transfer from Another Jurisdiction ❑Declaration of Taking Lead Plaintiff s Name: Lead Defendant's Name: Deutsche Bank National Trust Company,as Jerry Sample Jr.,et al Trustee;in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1,Asset- 1t-tvt' Backed Certificates,Series 2007-WMCl Are money damages requested? ❑Yes ®No Dollar Amount Requested: within arbitration limits (check one) ❑outside arbitration limits Is this a Class Action Suit? ElYes ®No Is this an MDTAppeal? ❑Yes ®No Name of Plaintiff/Appellant's Attorney:Robert W.Williams,Esquire _-- El Check here if you have no attorney(are a Self-Rep resented (I'o Sed Litigant) -1-Ui Nature of the Case: Place an"X."to the left of the ONE case category that most accurately describes your - P.RIUAR1'CASK If you are making more than one type of claim,check the one that -`: you consider most im ortant. TORT(do not include Mass Tort) CONTRACT(do not include judgments) CPo'M APPEALS --1! ❑ hitentional ❑ Buyer Plaintiff Administrative Agencies El Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment 11M-P;u1; ;: ❑ Motor Vehicle =µ` '_' Nuisance ❑ Debt Collection Other ❑ BoardofElections ❑ Dept.of Transportation ❑ Premises Liability Liability ❑ Statutory Appeal:Other ❑ Product (does not include _'"+s mass torr) ElEmployment Disputc: -' '' ❑ Slander/Libel/Defamation Discrimination --' ❑ oth �= ❑ Employment Dispute:Other ❑ Zoning Board ❑ Other: Rii: MASS TORT ❑ Other. `I ............€' ❑ Asbestos ❑ Tobacco ❑ Toxic Tort—DES M. REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort—Implant El Tonic Waste El Ejectment El Common Law/Statutory Arbitration —.—H ❑ Other. Eminent Domain/Condemnation ❑ Declaratory Judgment -__ _ ❑ - ❑ Ground Rent ❑ Mandamus ❑ Landlord/TenantDispute ❑ Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order ,'rid PROFESSIONAL LIA$ILITY ❑ Mortgage Foreclosure:Commercial ❑ Quo warranto ❑ Dental ❑ Partition ❑ Replevin Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: l r o'!i I MILSTEAD&ASSOCIATES,LLC BY: Robert W. Williams,Esquire ID No. 315501 E RL 1 E. Stow Roads Marlton,NT 08053 VA1� (856)482-1400 Attorney for Plaintiff File: 8.28843 Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee,in trust for Registered Holders CUMBERLAND COUNTY of Soundview Home Loan Trust 2007- WMCI,Asset-Backed Certificates,Series _ 2007-WMCI 381.5 South West Temple 1,I V Salt Lake City,UT 84115, No.: I q' Plaintiff, CML ACTION MORTGAGE ; FORECLOSURE Vs. t Jerry Sample Jr. 1161 Greenspring Rd. Nem,ville,PA 17241., and Mary E. Sample 1161 Greenspring Rd. Newville,PA 17241, Defendants S - `�DS70$ is NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your-defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle,PA 17013 717-249-3166 i NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 9. This communication is from.a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice,the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. i MILSTEAD&ASSOCIATES,LLC BY: Robert W. Williams,Esquire ID No. 315501 1 E. Stow Road Marlton,NJ 08053 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee, in trust for Registered Holders CUMBERLAND COUNTY of Soundview Home Loan Trust 2007- WMC1,Asset-Backed Certificates,Series 2007-WMCI 3815 South West Temple No.: Salt Lake City,UT 84115, I CIVIL ACTION MORTGAGE Plaintiff, FORECLOSURE Vs. Jerry Sample Jr. 1161 Greenspring Rd. Newville,PA 1.7241, and Mary E. Sample 1161 Greenspring Rd. Newville,PA 17241, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff,Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1,Asset-Backed Certificates, Series 2007- WMCI (the"Plaintiff'),is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 3815 South West Temple, Salt Lake City, UT 84115. 2. Defendants,Jerry Sample Jr. and Mary E. Sample,(collectively,the"Defendants'),are adult individuals and are the real owners of the premises hereinafter described by virtue of a � F k' Deed dated October 27, 2006,recorded November 13, 2006 in Deed Book 277,Page 2723. The Deed is attached hereto as Exhibit"A"and made a part hereof. i 3. Defendant Jerry Sample Jr.,upon information and belief resides at 1161 Greenspring Rd.,Newville, PA 17241. Defendant Mary E. Sample,upon information and belief, resides at 1161 Greenspring Rd.,Newville,PA 17241. 4. On November 2,2006, in consideration of a loan in the principal amount of$180,000.00, Defendant,Jerry Sample, Jr. executed and delivered to MLend, Inc.,A Maryland Corporation a I note (the"Note")with interest thereon at 7.150 percent per annum,payable as to the principal and interest in equal monthly installments of$1215.73 commencing December 1,2006. The Note is attached hereto as Exhibit"B"and made a part hereof. 5. To secure the obligations under the Note,the Defendants executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., "HERS" ACTING SOLELY AS A NOMINEE FOR MLEND, INC a mortgage(the "Mortgage") dated November 2,2006,recorded on November 13,2006 in the Department of Records in and for the County of Cumberland under Mortgage Book 1972,Page 2968. The Mortgage is attached hereto as Exhibit "C"and made a part hereof. 6. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded June 18, 2008 under Instrument#200820456 . The recorded Assignment of Mortgage is attached hereto as Exhibit"D"and made a part hereof. 7. The Mortgage secures the following real property(the"Mortgaged Premises"): 1161 Greenspring Rd.,Newville,PA. A legal description of the Mortgaged Premises is attached hereto as Exhibit"E"and made a part hereof. k 8. The Defendants are in default of their obligations pursuant to the Note and Mortgage becausepayments of principal and interest due July 1,2007; and monthly thereafter are due and . have not been.paid,whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit(if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Principal Balance ....................................$178,979.29 Accrued but Unpaid Interest from 6/1/07 to 1/21/14........................................$87,326.10 Accrued Late Charges ....................................$303.95 Corporate Advance......................................$2,300.44 Escrow Advance........................................$26,154.01 Reasonable Attorney's Fees........................$1,650.00 TOTAL as of 01/21/2014........................$296,713.79 Plus,the following amounts accrued after January 21,2014: Interest at the Rate of 7.150 percent per annum ($32.29 per diem); Late Charges of$60.78 per month. 10.Plaintiff has complied fully with Act No. 91 (35 P.S.'l 680.401(c)of the 1983 Session of the General Assembly("Act 91")of the Commonwealth of Pennsylvania,by mailing to the Defendants at 1161 Greenspring Rd.,Newville,PA as well as to address of residences as listed in paragraph 3 of this document on April 11,2013,the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. The Act Notices are attached hereto as Exhibit"F"and made a part hereof. WHEREFORE,Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $296,713.79,plus the following amounts accruing after January 21,2014,to the date of judgment: (a)interest of$32.29 per day, (b) late charges of$60.78 per month,(c)plus interest at the legal rate allowed on judgments after the date of judgment, (d)additional attorney's fees(if any)hereafter incurred,(e) and costs of suit. J✓ S TE , LL Date: S obert i Hams,Esquire Attorne for Plaintiff VERIFICATION Document Control Officer N'a0vilcD Hay- hereby states that he/she is of Select Portfolio Servicing, Inc., Servicing Agent for Plaintiff,Plaintiff in this matter,that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification authorities. 7,4 I Name: Title: Veronica Mark DATE: ILI Document Control Officer File#: 8.28843 Name: Jerry Sample Jr. and Mary E. Sample t; i i i • I EXMBIT A Return To: -Madison Settlement Services 946 Lincoln Way East Chambersburg,PA 17201 A4� � THIS DEED (2006) MADE the _day of VL ,in the year two thousand and six BETWEEN Edward G.Reames and Jean E.Reames(Deceased),his wife,of Dayton, Ohio. .............................................................................................GRANTORS AND Jerry Sample,Jr.and Mary E.Sample,husband and wife,of 44 Middle Spring Road,Shippensburg,Pennsylvania,as tenants by the entireties. ........................GRANTEES WTfNESSETH,that in consideration of other good and valuable considerations and the sum of Two Hundred Twenty-Five Thousand($225,000.00)Dollars,in hand paid,the.receipt whereof is hereby acknowledged,the said Grantor does hereby grant and convey,in fee simple, to the said Grantees. ALL that certain tract of land situate in North Newton Township,Cumberland County, Pennsylvania,more fully bounded and described as Lot No.26 on the Subdivision Plan for North Newton Manor,as prepared by Rodney Lee Decker,R.S.dated June 8, I989 and recorded in Cumberland County Plan Book 58,Page 109,and further bounded and described as follows: BEGINNING at a point on the northern dedicated right-of-way line of 60 feet Q wide Fa.Route 641 at the dividing line between Lots Nos.26 and 27 on the ' aforementioned subdivision plan;thence along said dividing line North 03 c `; u= degrees 26 minutes 00 seconds East 349.67 feet to a point;thence along same ► ": �; ` South 68 degrees 14 minutes 50 seconds East 158.01 feet to a point;thence along the dividing line between Lots Nos.25 and 26 on said plan South 03 degrees 26 minutes 00 seconds West 300.00 feet to a point on the northern 1-" _- dedicated dedicated right-of-way line of 60 feet wide Pa_Route 641; thence along said drn right-of-way line North 86 degrees 34 minutes 05 seconds West 150.00 feet to N) ' a point,the place of BEGINNING. CONTAINING 1.119 acres,exclusive of dedicated right-of-way. BEING the same real estate conveyed to Edward G.Reames and Jean E.Reames, husband and wife,by deed dated February 1, 1991 and recorded in Cumberland County Deed Book"Y"Volume 34,Page 1140. The said Jean E_Reames died on July 20,2006 thereby vesting sole title in Edward G.Reames,the Grantor herein. UNDER AND SUBJECT,NEVERTHLESS,to the following building and use restrictions recorded in Cumberland County Misc.Book 371,Page 281,which shall be binding .on the within-described tract of land and shall also be deemed binding on all other lots in the North Newton Manor Subdivision with which building and use restrictions the within Grantees, their heirs and assigns by acceptance of this deed agree to comply: 6�ox 277 PAsi:2723 F t ' 1. No open dumping or maintenance of a junk yard shall be permitted. 2. No mobile homes maybe placed on the lot either temporarily or permanently 3. No inoperable or unlicensed vehicles shall be permitted. 4. No residence shall be erected on the lot having less than 1,200 square feet of finished living area. TOGETHER with all singular ways,waters,watercourses,rights,liberties,privileges and reversions,and remainders,rents,issues and profits thereof,and all the estate,right,title interest,property,claim and demand whatsoever of it in law,equity or otherwise howsoever,of in and to the same and every part thereof TO HAVE AND TO HOLD the said herediments and premises hereby granted or mentioned and intended so to be with the appurtenances,unto the said grantees,their heirs and assigns,to and for the only proper use and behoof of the said grantee,his heirs and assigns forever. SUBJECT,HO'WE'VER,to the restrictions and conditions of record which arc made a part hereof as fully as if written out herein. AND the said Grantor will warrant specially the property hereby conveyed. IN WTI NESS WHEREOF,the said Grantor has hereunto set his hand and seal the day and year first above written. WITNESS: Edward G.Reames F OHIO : SS COUNTY OF.�q4 n J�o.,, On this day of 2006,before me,a notary public,the undersigned officer,personally appeared Edward G.Reames,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument,and acknowledged that the same for the purposes therein conWzmx. In witness whereof?I hereunto set my hand and official seal. NomWfiMEk POST,Notary pubk BOOK ",�7 FUf2724 I"Wd for the state of oMo Mr Caamla8loe Expires MaMh 27,2010 Certificate of Residence I hereby certify that the pree•se residece of the Grant s: Witness my hand this g day of 61.q ,2006, Cumberland Comtr Recorder of Deeds Imtrunent Film Receipts 634406 Instrb 2006-041124 11/1312006 1427:56 Retarks: MADISON SETTLE SAHP(.E OEED .50 DEED -MRIT x.50 DEED -RTT STATE 2250.00 BIS SMIS 112.5.00 NDRTH MEUM Tilp 1125.00 DEED -AIR 11.50 10.00 tI! INMVWfT FAD n.00 REC. IlPR1AET FM 3.00 Check#7251 12,289.00 Check#7253 C50 Check00 I Certify this to be recorded Total k ecei 14 536.50 Total Receives....... Lz Cumberland County PA RCCOs:'er of Deeds 9uGR 277 pA*m k n ' I i, i i i EXHIBIT B t AR MIN: 100398200000012868 Loan Number: ADJUSTABLE RATE NOTE (1-113011 Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMM RATE I MUST PAY. NOVEMBER 2, 2006 Newville PENNSYLVANIA [Date] [City] [state] 1161 Greenspring Roady Newville, Pennsylvania 17241 [P-wzty Address] '!. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$ 18 0, 0 0 0.0 0 ((his amount is called"Principal").plus interest,to the order of the Lender. The Lender is MLend, Inc, A. Maryland Corporation I will make all payments under this Note in the form of cash,check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.15 0 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 703)of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month I will make my monthly payments on the 1st day of each month beginning on DECEMBER 1 , 2006 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on NOVEMBER 1, 2 03 6 ,I still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"Maturity Date." I will make my monthly payments at PO Box 1250, Middletown, Maryland 217 69 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1,215.73 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATEIFIXED/ADJUSTABLE RATE NOTE(Nonassumable Fixed) DxNlapfc� 8DJ 649.1352 Single Famly—Freddie Mac MODIFIED INSTRUMENT Form 3590 TI-01 Page 1 or 5 www.docmagia cm 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on The 1st day of NOVEMBER, 2008 on that day every sixth month thereafter. Each date on which my interest rate could change is called a"Change Dated (B) The Index Beginning with the fust Change Date,my interest rate will be based on an Index. The"Index"is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market. ("LIBOR"), as published in The Wall Street7ournal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the"Current Index-" If the Index is no longer available,the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice_ (C) Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding S IX AND 500/1000 percentage points( 6.5 0 0 %)to the Current index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125 6). Subject to the limits stated in Section 4(D)below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then deternune the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.150 % or less than 7.15 0 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percenta( oint 1.0 0 0%)from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.650 %. My interest rate will never be less than 7.150%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date, I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly pent changes again. (I) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY ** See attached Prepayment Note Adder_ I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a"Prepayment." When I make a Prepayment,I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However,the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. MI make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the fust Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. MULTISTATEJFIXED/ADJUSTABLE RATE NOTE(Nonassumable Fixed) Single Family—Freddie Mac MODIFIED INSTRUMENT OacMag/aeFLWV= s49-13G1 Form 35901/01 Page 2 of 5 WWW.docmagic.com 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted Limits, then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b)any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Noteor by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due,I will pay a late charge to the Mote Folder. The amount of the charge will be 5:DO 0 %of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment, (B) Default If I do not pay the frill amount of each monthly payment on the date it is due,I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling we that if I do not pay the overdue amount bya certain date,the Note Holder may require me to pay immediately thefull amount of Principal which has not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver by Note Holder Even if,at a time I am in default,the Note Holder does not require me to pay immediately in full as described above, the Note Folder win still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees. 8. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address it I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personalty obligated to keep all of the promises made in this Mote,including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of as together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. MULTISTATEIFIXED/ADJUSTABLE RATE NOTE iNonassumable Fixed) Single Family--Freddie Mac MODIFIED INSTRUMENT J?oclf�lagtc� aoasasa3sz Form 3590lio7 Page 3 of 6 www.docmagic.com y ' 9 9. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed{the"Security Instrument"}, dated the same date as this Note,protects the Note Holder from possible losses which might result if I st not keep Ute promises that I make in this Note. That Security Instrument describes how and under what conditions I.may be yment in foil of all amounts I owe under this Note. Some of those conditions are required to make immediate pa described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent,Lender may require immediate payment in full of all sums secured by this Security Instrument However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not an this option if: (a)Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee;and(b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender_ To(be extent permitted by Applicable Law,Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period ofnotless than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums seamed by this Security Instrument. If Borrower fails to pay these sums prior to Ute expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTIS I Al wMEDWJUSTASLE RATE(VOTE(Nonassumable Fixed) Single Family—Freddie Mac MODIFIED INSTRUMENT AocN18810> 800-s49a36Z Form 35901!01 Page 4 of 5 WWW.doornagic com dp WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED Vlr � _Borrower (Sealerr Sample (tel) -Borrower (Seal) (Seal} -Borrower -Borrower (Sean (Seal} -Borrower Borrower Csjkl7 odgmd Only] S, ISTATE/FDCED/ADJUSTABLE RATE NOTE(Nonassumable Fixed) Single Family—Freddie Mac MODIFIED INSTRUMENT �� sAv-lssz Form 35901/09 Page 5 of 5 doemagic.cam v • ` 7. �..,. ALLONGE TO NOTE Loan Numtcl I Borrower Nanic: Jerry Sample Jr., Mary E Sample Property nddrCss: 1161 Greenspri,ng Road, Newville, Pennsylvania 17241 Note Date: NOVERSER 2, 2006 Loan Amowll: $1801000.00 PAY TO THE ORDER OF WMC MORTGAGE CORP. s WITHOUT RECOURSE ON NOVEMBER 2, 2006 MI nd, Tk�c, A Maryland Corporation C6 IIs: "f-aa•— c ap,/ ' s27IS� i ALLOIJCE TO Decvnem Sp4o..i.�(«)t/Cl]62 i I I EWYIBIT C Return To: l l a :Madison Settlement Services 946 Lincoln Way East Chambersburg,PA 17201 F:" c f.T P. ?I E%LE R A4 j5yj/ I LC 0:'t'E'FG 0,F 3EGi; i 2006 NOU 13 Ail 10 29 This Instrument Prepared By: i After RecaryUg Return To. MLend, Inc. 207B South Church St. PO BOX 1250 Middletown, Mar land 21769 Loan Number: 06�9EM001243 UR11a m Parcel Identifier Number: 30-08-0.597-0,92 Property Address: 1161 Greenspring Road Newville, Pennsylvania 17241 ISp—Above This Una For Recording oatai MORTGAGE MN: 100398200000012868 DEFINITIONS Words used in multiple sections of this document are defined below and other words are deaued in Sections 3.1f, 13, 18,20 and 21. Cettala rules regantwg the 108ge of words used in this document are also provided is Sectlan 18_ w (Ait)h al!w'l Kv y buteament"means this document,which is dated Riders to Wis document, NOVEMBER 2, 2006 ,together (B) "Bormwu"is JERRY SAMPLE JR., A MARRIED MAN AND MARY E SAMPLE, A MARRIED WOMAN Borrower b the mortgagor under this Security Instrwmeut. (C.') "MERS"is Mortgage Electmak Registration Systems,Inc MERS is a separate corporatton that Its acting solely as a nominee for Lender and Leader's successors and assigas_ MFRS!s the mortpg"o�thls meat. MERS is organized oma eudsdrg under the laws of Delaware.and has out address auud tetepbne number Of P.O. Box 2026,Flint,MI 48501-2025,tel. (888}679-MERS. to F Fannie YMae/F►sAd�s Umffl&M MYRUMENT•MERS a Boos�4 zit Farm 3839 01/01 Page 1 of 17 K r�bvigp�c,00m OX172PG2968 (I}) "1-tAdel"is A Lend, IhC Lender is a MARYLAND CORPORATION and existing under the Iaws of MARYLAND organized LtB&X's addressis 207—B SOUTH CHURCH ST. PO $OX 1250, MIDDLETOWN, MARYLAND -21769 M "Note"means the promissory note signed by Borrower and dated go The Nom stares th' Borrower owes Lender ONE HUNDRED EIGHTY THOUSAND VEM2AND6 I3dlars(U.S.$ 180,000.00 00/100' . Borrower has Pf"dW to Pay dds debt in regular Periodic Payments and b )�Iffismt. NOVEMBER 1, 2036 PAY the debt in full not latter than R (F) �o��' nam tke Properr that is described below under the beading"Transferof Rigllls in the ppm,R (Q "Loan,means the debt evidenced by the Note,plan interest,any PORYment charges and lata charges due under the Note,and all sums due under this Seaurtty I""WeRt,plus interest. o "Riders"be executed by Borrowmeans o Riders to to this Security'w#uMnt that are executed by Borrower. The following Riders are Borrower[cherJt box as applicable): ® Adjustable Rate Rider ❑ Planted Urdt llevehtipaseat Rider Balloon Rider ❑ Biweekly Payment Rider ❑ 1-4 Family Rider [] Second Howe Rider ❑ Condominium Rider ® Other(s) [specify) PREPAYMENT RIDER TO SECURITY INST M "AFplkcable Law"means all eontroiflag afflicable federal,state and kcal statutes, rW administrative Arks and orders(that have the effect of law)as wa as all a 'Ordinancesand opialoas. applicable final,non-appealable�udictat 0 "CMmIIidty Assoeiagoa Lues,Fees,and Asaessments"means all dues,fees,assessments and other char that are imposed on Borrower or the Property by a ges organization, rtssociatioa,homeowners association or similar (K) "F.kctrouic Funds Transfer"means any traasfer of funds.oih@tan or similar paper instrument,which is initiated thro an eaamsacNon originated , by check,draft, magnetic tape so as to order,instruct.or autlwri2e a kctromc tcroada' telephonic Instuumeotoomptrter,or 6naneW mon io debit or credit as accmm..Such term includes, but is not broiled to,P�►t-of-w&hrotr tek Phonesfers,auto teller machine trawwtiom.,wire transfers,and automated dearinghmrse Uansfers. fifers initiated by (L) "Es"Dw Items"means those items that are described in Section 3. phftK*�,('Ohl" e�ftx�Mean my�nsaobn.settlement.award of damages or third proceeds paid under the cav Proms paid by any erages described id Section 5)for (�damage in.or v�vruuu�—Sfe�pa F&W Fe rlis MesfFtnd4ie tJlec UNIFORM INSTRUMUff-MES Page 2 of 77 Form 3D39 otllU) .�wan.�rttr iJsz .s�arrt SKI972PG2969 I i destruction of,the P g any part of the Pro mor(1v {1f) repr a entati n or older talon of all or Perty:(111)oonveyaflee in lieu of demtlatioa;or(ivj rrdsrep�of,Or Omissions as to.the value and/or coadMog of the property. (N) "M Mance"means fiance (�) "P+eHoufdc Payment"means the r �cPhfly Leader m of;or default on,the Loan. j Phu(11)My am�ocmts under Section 3 of achy I&W uneat amount due for{i)P>immcipal and interest ander the Note, i (P) "RESPA"means the Real Estatie SeuleRmSt ProOedirres Ad(12 U.S.C. 42601 et seq.)and its imoemea � regulation,Regulation X(24 C.F.R.Part 3500).as they might be amended fmm time to am, or any a4dklwW or "RES "refirs in ull Mmemr leegWAbou or regulation that governsthe same subject matter. As used is this Security Instrument, t,and restrictions that are imposed in regytd to a'federaW leisted martgege loan" even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (Q) "Soeaessor fa h tereat of Borrower"means mY Ply tui taken title to the i Party 11"assumed Dorm`er's obBP#Ons under the Note and/or ibis Security Ir�s� ether or not that TRANSFER OF RIGHTS IN THE PROPERTY I Timis Security lm tument secures to Lender: (1) the repaymenT of the LAM, and all renewals, extensions cad modifications-of the Note; and(11) the performance of Borrower's covenants and WeemeRts under ibis Security Instrument and the Note. For this purpose,Borrower does hereby mortgage,it�t and CO"to MERS(solely. as nominee for Lender and Leruda's successors and assigns)and to the successors and assigns of mEZ the following described property located in the COUNTY Of Cumberland frype or Recording lurkdieonnl lNantr of See legal description attached hereto and made as par Jmbdkaauireof. A.P.N. : 30-08-0597-052 which currently has the address of 1161 Greenspring Road Newville ,Penasylvama 17241 1CM Izlp COM ( P>npeny Address"): TOGETHER WITH all The improvements flow or hereafter erected on the appurtenances,and fixtures now or hereafter a part of dieProperty. and all easeaae�, covered by this Security Instrument. AD of the foregoing property. �replacements�addi>iono shaft also be regoteg B referred b in ifs Secarl insftwAtt.but and that Mwith bows ouuty legal Otte b the interests granted by 'e rnmPly with taw or custom,MFRS(as aombw for Lender and Lender's successors and assigns)has the right to exercise any or all of these interests.iadudiag.but not finned to,The right to foreclose l'lVANTA-- ' Fami1y Fannie l+lee/Fteddie UNIM M IWTRUMEMT-TvIERS aarara a4sc�a rMz Fant 3039 01/01 Page 3 of 17 Ntivtr.oi°ora�r.oam OKI972PGZ97Q and sell the and canceling day enL to take any action required of Lender including,but not limited to,tele"Anti BORROWER COVENANTS that Borrower is lawfidly seised of the estate hereby conveyed and inns The right i f t to mortgage, grant and eoavey the Property and that the Property is urtertcumhercd.except far encumbrances rewrl. Borrower warrants and will defend generally tie title to Be Pru to anY of record- Peq against all clam and.deesaads,sub,}ect THIS SECURITYINSTRVMENTcombines uniform eovewmts farnatlonaluse and son- limited variations by jurisdiction 10 constitute a iudt'orm Y i»nlrlrment coveting real property.unlfocm rovernartis with UNIFORM COVENANTS. Borrower and Leander covenant and agree as follows: 1. Payment vfPrbdPal,Interest,Ewmwlteo n,Prepaymed ChBoff ntBes,alai Late C P when due the principal of,and interest on,60debt evidenced by the Nobe surd any prepayme8t charges and clearges due under bre Note. Borrower shall also pay funds for EkrA" ower scrow Itea s prnsrrant to Section 3. Payments under the Note and this Secidty Instrument shalt be made In U.S. eckodue instrument received by Lender as payment under the Note or Gh Security However, if any dosis or other Leader may require that any or alt t payments Lrstrument is returned b header repudd, one or more of the following forms.as h t underue the Note and this Security irtsbrum at be made in treasurer's check or cashier's check b3'Lender: (a)caztt:@)money order,(c)certified check.bank duck, tr a fedora[a ,provided nay such sheds Is drawn upon an institution whose kgs are haaued gency.instrumentality,or entity:or(d)Electronic Funds Transfer. Payments are deemed received by Lender whew received at the location desigmted in the Note or at such oilier location as may be designated by Lender in accordance with the notice any payment or partial payment if the provisions in Section 15. Leader may rehim may accept any payment or mat orpficle are i tHcient nt�the Lona sagest. Lender hereunder or prejudice to its 10 refmPayr�t to bring the Loan current.without walver of any rights payment or partial in thefidure, obligated to APPIY suck payments A the(hue such payments are accepted- If each Periodic P but Lehr is not its scheduled due date,then Lender need not pay interest on onapphied funds: Lender nt as of until Borrower makes payment to bring the Loan current If Borrower does not do WAIA a reaso h usq*lkd �a time, meed to Leader shail d �y such funds or return them to Borrower. If not wW be ng t�pral balance under the Note wiled earlier,such fimds which Borrower might have now or in the Endure lramedlafPly her to foreclosure. No offset or claim undo'the Note and this Security Instrument or perf n eavenants and agreements sectram ored g�r&� Instrument Secuiiy 2. Apphentlon of Paymeuta or Proceeds. Except as otherwise described in Sh Section 2.all tents accepted and appBed by Leader shall be applied in the fdlowing order of priority: (a)interest due under the Note; (b)Pdndpal due under the Note; (c)amounts due under Section 3. Suit payments shall be applied b each Pedodre Payment In the order in wtuch it became due. Any reach g amounts shall be applied&U to lag to cry other amounts due under this Security h utntment.and then to reduce the i �Bm.second If Lender receives a payment from Borrower fora principal balance udthe Note. amount to pay any late charge due,We applied to t periodic Payment which Includes a suffldent more than one Periodic Payment is Pay may d applied ip the dehhngtreut payment and the hale charge. If repayment of the Periodic ° �• Leader that.may apply any Payment received from Borrower le the any excess exists after the Past is a aind t°'the e�rt yme each payment can be p�in full. To the extent got payment applied Go�e fidh payment of one or more Periodic Payments.such excess may PERM Z'YLVANIA-- Is Fan tl Fannie Mse/Fredde Ntae UNIFORM iNSTRIJWNT-MERS o DDO�8G1?6IRJJ62 Form 3038 01/01 Page 4 of 17 w.doaftyfc.cam BKI972PG2971 be as applied tiny late charges due. Voluntary F*P'ry ts s�I he first to any prepayment charges and then descriAn Witcatlon of payments,insurance pmceeds.or Miscellaneous Proceeds to prbKjpal IW not extea d or postpone the due date,or c the due under the Note i > amount,of the Periodic.Paymeents. I 3. Fnruls far Lacrrrw Ituygs. Borrower shall Pay b Lender on the day Periodic Payments are due under the Note,until dte Note is paid b full,a sum(the"F"")is provide for pt►yarept of amounts due for (a)taxes and assessaaents and older liens Which can attain priority over this SOcu dty Instrument as alien or�on the Property; (b) leasehold payaaents or ground rents on the Property, if any;(c)premiums for eery and all insurance required by Lender under Section 5,and(d)Mortgage Insurance Pr's,if any,or any sums n by Borrower to Fender in lieu of fire payment of Mortgage Imuranoe premiWrns In accordance wit payable h"F."MItems." At origination the provisions of Settbrr 10. These items are called Drat anytime the b�afthe Loan, LeadermIqrrequlre that Comtmmity Association Dues,pees,and Assessments,if any,beescrowed by Borrower,and s dues fees assessments shall be an F�crow Item Borrower shall lrompBy furnish to lender all not, of amounts to be paid ad under this Section. Borrower shat!pay Leader the Funds for Escrow Items unlessBorrower's obligation to pry the Funds for any or all Escrow item. header may waive Borrower's obligation b pay�Leader Funds for any or all Escrow Items at anytime. Any stalk waiver may only be in writing. In the event of such waiver. Borrower shag pry dlrtxtiy,when and where payable,the amounts due for my Escrow Items for which payment of Funds has been waived by Lender and.if Lender regains.shall fi,ueish wib Leader receipts evidencing such payment thin such time periodos Lendermayrega}ce- Borrower'sW*pttontomakesIWk Sherif for all purposes be deemed b be a coven ant and PaY�and 10 provide receipts "covemrrt and agree agreement eoatained ht this Security!�s#trmeat,as the phrase meat"is used in Section 9. If Borrower is obligated b pay Escrow Items dire a waiver,and Borrower fails b pay the amount due far an Escrowltem,Lender may exercise its nt Undercoy,p ;rant o 9 and pay such amount and Borrower shat!then be obligated under Section 9 m repay b Leader Lender May revoke the waiver as to any or all Esa aw Items at time 'sttr�t amount 15 and. �' by a notice given ih accordance with Section upon such revocation.Borrower Sherif pay to Lender alt Funds.and in such amounts.that are thea required under this section 3. Leader may,at any time,collect and hold Funds fa an amount(a)MMC[Mt io permit Lender to apply the Funds at the tim specified under RESPA.and(b)not to exceed the Ewdmu n amount a leader cera Leader shall estimate the amount of Funds dueon the basis of current dna crud reasonablerequi order RESPA. of future Elcrow items or otherwise in accordance with A estimates of expenditures ' The Funds shall be held in an tnstIiution whose �Law. ealitY depmits are insured by a federal agency.iosp�umeoalily, or Bank- ernie ( � . if Leader is an lnstiturlien whose deposits are so ins"red)or in any Federal Home Loan Leader Aa apply the Funds b pay the Esrxow Ream no later than the time specified Wader RESPA_ Leader shall not charge Borrower for holding and applying the Funds, the Escrow Items,unless Lender pays Borrower inlerest on tin Fa and AMY pplicable escrow acoaaat,or verifying such a charge. Unless an agreement is made in writing or Appiica*Law law��Lender to make Lender shalt not be required to Pay Borrower any!merest or ��interest to be paid a the Funds, in writing,however.that interest shall be paid on the Funds. Lender shalt give to B>i�� � annual accounting of the Funds as required by MMA If there is a serpins of Funds held in escrow,as defined under RMPA,Lender sial[account to Borrower far the excm funds is accordance with RESPA. if there is a siarbge of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower sl<aQ pry tD Lir the amouni necessary to make UP the shortage in accordance with RESPA,but to no more than 12 monthly payments. If there is a deficiency of P 1 ANIA-5inpte F Fannie tMaelFredde Ntec UNW- RM INSTRUMENT-MERS Doearsytc llJ�vyn�y Bpy y Farm 3!)38 07/01 rie Page 5 of 17 M�vN doar+rgirc.oarsi t 972PE2972 5 r • r. B Funds held In escrow.as defined under RESPA.Lender Shull notify Borrower as required by RESPA,and Borrower shall pray io Lett the amount necessary to make up the deficiency in accordance with RESPA.but in no more d 12 u OOMY payments. Upon payatent In full ofall sums secured by this Security Instrument.Lender Shall prompdy refund to Borrower any Funds held by Leader. 4. Charges;Liens. Borrower shat!pry all taxes.assessmeou,charges,Anes,and impositions attributable e the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, If any.and Community Assoctaflon Does.Fees,and Assessments.if any., To the extent that these items are]r'scrow items,Borrower shah pay thew in the manner provided in Section 3. Borrower shall promptly discharge any len which has prlorlty over this Security Instrument unless Borrower. (a)agrees in writing to the payment of the obligation secured by the lies 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 defeads against edomement of the Hem in.legal proceedings which In Lender's opinion operate in prevent the eafonx I of the flea while lien�ar�pending,but only until sunk Proceedings are concluded;or(c)scenics from lire holder ! agreement bctory to Leader subordinating the ben to this Searrtty Instrument. If Lewder determines that nary part of the Property is subject to a Ilea which can attain pdority over this Security Instrument, Lender may give Borrower a notice ldeAMYIng the len. Watkin 10 days of the die on which that notice is given, Borrower shall satisfy the ben or take one or mon of the adipes set forth above in this Section 4. Lender may require Borrower to pry a one Sure charge fora real estate tax vermcadonand/or reporting service used by Lender in connection with this Loan. S. Pim'fiance. Bono slab beep tale its now existing or hereafter erected on the Pmperty Insured against loss by Are,hazards included within the term"extended coverage."and any whet hazards including,but not bruited to,earthquakes and Rood',for wld&bender requires iasu mace. This insurance shall be maintaifled 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 artier providing the inaurannce shall be chosen lay Borrower subject Io lmtder's.right b disapprove Borrower's choice,which might shall not be exercised unreasonahly. lender may require Borrower io pay.in connection wi@h this Loan,either: (a)a one- time duege fa flood zone determination,certification and tracking services;or(b)a one-time charge far food zone determination and certification services and suhaequent charges each time reruappings er sh nu changes ocarr which reasonably might afliect such determination or cerfdfication. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency In connection with the review of array flood zone determination resulting from an objection by Borrower. If Borrower fails to tuaintaia any of the coverages descrihed above,Lender may obtain imruance coverage,at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particuln type or amount of coverage. Therefore,such coverage"I cover Lender,bort might or might not proled Borrower.Bchrrower's equity in the Property,or the contents of the Property,against any ride,h— or liabWty and might provide greater er lesser coverage than was previously in effect. Borrower acknowledges that the cost of the irdaranre coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amoemis disbursed by Lender under this Section 5 shall become alltiosW debt of Borrower secured by this Security instramo. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with sat$intere upst, on notice from Leader to Borrower requesting Payment All insurance policies required by Leader and renewals Of such policies shall be subject to Leader's right to disapprove such policies,shall Include a standard mortgage clahae,and shall name Lender as mortgagee and/or as an PEWWWARIA—SkVie Famay Fannie Fasn 3win mw IINMORM N5TRUMENT-MERS tins ease�.rsat Page 6 of 17 sari OC [ 972PG2973 r additional loss payee. Lender shall have ire right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to lender all receipts of paid preQhlnms and renewal notices. If Borrower obtains any form of insurance coverage,not otherwise required by Lender,for damage to,or destruction of,the Property,loch Policy shall include a standaa+d mortgage dam and shall name Lender as mortgagee and/or as as additional loss payee. In the event of loss.Borrower shall give prompt notice to the inumace carrier and Leander. Lender may malar proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insrrrame proceeds,whether or not the underlying insurance was requited by Leader,shall be applied to restoration or repair of the Property,if the restoration or repair is ecoaamicohly feasible and Leader's security is not lessened. During such repair and restoration period.Leader shall have the right to hdd such Insurance proceeds natil Leader has had an opportunity to Inspect such Property to eaaare the work has been eomple6ed 10 reader'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 Lawn requites Interest to be paid on such h maace proceeds,Fender shall not be required to pay Borrower any intertest or earnings on such proceeds. Fees for public adjusters,or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sok obligation of Borrower. If the restoration or repair Is not economically feasible or Lender's security would be lessened,the insurance proceeds shalt be applied to the sums secured by this Seauity lastrianat,whether or not then due,with the excess,If any,paid to Borrower. Such immanc:e proceeds shall be applied in the order provided for in Section Z. If Borrower abandons the Property. Lender may lite, negotiate and settle any available Insurance dataa and related 13nauers. If Borrower does not respond within 30 days to a notice from lender @rat d*insurance carrier bars 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 otlterwise,Borrower hereby assigns to Lender(a)Borrower's rights to any ina unce 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 tight to any refund of unearned premiums paid by Borrower)loader all Insurance potides covering the Properly.ia:aofar as such rights are applicable to the coverage of the Property. Leader may use the insurance proceeds etcher to repair or restore the Property or to pity amounts umpald under the Note or this Security Instrument whetter or not then due. 6. Occupancy. Borrower shall occupy, establish. and use the Property as Borrower's principal reslddace within 60 days atter the execution of this Security b"ument aad shall continue fo occupy the property as Borrower's principal residence for at least one year after the date of oecapaaey,unless Leader oilk wise agrees in writing,which consent shall not be unreasonably withbeld,or unless extenuating Circumaces exist which are beyond Borrower's control. 7. Preservation,Malatenance and Protection of the property.Empectlans. 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 madntak the property In order to prevent the Property from deterlorating at decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further detedaratlon or damage. If insurance or condemnation proat4b are pand in connection with damageb,or the taidag of,the Properly.Borrower shall be responsible for repairing or astoriag the Property Doty if Lender than released proceeds for such purposes. Leader may disburse proceeds for fiat repairs ad restoration In a single payment or in a series of progress payments as the work Is eamplelead. If the hourance or cendemnation proceeds are not sufficient PENNSYLVANIA-,- I&Farmy Faanta M&WEral to brae UNIFORM INSTRUMENT-MERS wow���� Font 3039 01!01 Page 7 or 17 6K f 972PG2974 • F to repair or restore the Property,Borrower is not relieved of Borrower's oNigatiou forthe completion of such repair or restoration. Lender orits agent may make reasonable entries upon and wspw sons 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. 9. Borrower's Loan Appb Cation. Borrower shall be in default 9, during The Loan appneadon 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 sbiements to Laurer(or failed to provide Lender with material informadon) in connection with the Loan. Material fellrewltgfim include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's prindpal residence. 9. Protection of Lender's Interest In the Property anti Rights Under this Security LM*Musit. If(a) Borrower fails to perform the covenants and agreements eontsised in this Security Imhument. (b)there Is a legal proceeding thatmight sigrd@cantly affect Leader's interest in the Propertyandior rights undertiis Sectuitylnstnrment (such as a proceeding in bankruptcy.probate,for cordestion or forfelhue.for enforDeme nt of a flea which may attain priority over this Security Instrument or to enforce Ism or regubatiors). or(c)Borrower has abandoned the Property,then Lender may do and pay for whatever is r+easowthie Of appropriate to Protect Lender's interest in the Property and rights under this Security instrument,including protecting andlar assessing tie value of the Property, and securing and/or rep*Ing the Property. Lender's actions can include,but are not limited to: (a)Paying any sum s KwW by a lien which has priority over itis Security jum meat (b)appearing in court;abl(c}paying masonabie attorneys'fees to protect its interest in the Property MOW rights ander dds Security Instrument,including its secured position in a bankruptcy proceeding. Securing die Property Includes,but Is not limited Ia.entedug the Property to whale repairs change locks,replace or board up doors and wisdom,drain water from pipes.eliminate building or other code violations or dangerous conditions,and have atilittes boned on oroff. Althougi Lender may lake adlon ander this Section 9,Lender does not have to do so and Is not under any duty or obbigatian!u do so. It is agreed that Leader incurs no liability for not Wdag any or all actions authorized under I*Secs 9. Any amounts disbursed by Lender under dds Suction 9 shall become additional deep of Bormwersecured by dds Security 1mbument. These amounts shag bear Interest at the Note rate from the date of disbursem nte anti shall hu payable.with such interest,upon notice from Lender to Borrower requesting prymem If this Security Instrument is on a leasehold, Borrower shall comply with all tie 1W of the lease. Borrower shall not surrender the Iesseboid estate and interests hur+eta conveyed ortermlarte or rdnce!the ground tease. Borrower shall not.without the express written consent of Lender,alter or arnend the ground lease. If Borrower acgaires fee tide to The Property,the lessehokt and the fee dde shall not merge unless Lender agrees to the merger to writing. 10. Mor*w Insurance. If Lender required Mortgage Insurance as a condition of malting the Loan.Borrower shall pay the Premiums required to maintain the Mortgage Insurance in effect If.for Insurance env �reason. the Mortgage coverage required by lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to stake separably desigasted Payments toward the PNW=for Mortgage IMWOCe,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mmIM Insurance previously in effect.at a cost substantially equivalent to the cost to Borrower of tie Mortgage Ice previously in effect,from an alternate mortgage insurer selected by Lender. If substantially egatvalet Mortgage Insurance coverage is not available.Borrower shall continue to pay lo Lender the amount of the separately designated Payments that were due when the insurance coverage ceased to be In effect. Lender will accept,use and retain time payments as a non-refiundabfe loss reserve In lieu of Mortgage Imm ace. Such Ioss re mw stall be non-rr firndable. PD#4SYLVAMA–S F—W Fannie MsWFreddie bine UNIFORM MTRUMENT-MENS OOCUWC4VftMWsw4so-isca Forms 3039 01/01, Page a or 11 ~ dovrMyrc earn OK ! 972PG2975 i notwithsttstding the fad that the Loan is ultimately paid in fall.and Leader shall not he rcgahed to pay Borrower nay interest or earnings on Rich Inas reserve. Lender an no longer require loss reserve payments if Mortgage humane coverage(in the amount and for the period that header requires)ptovided by an insurer selected by header again becomes available. is obtained, and Lender requires separately designated payments toward the premiums Mortgage Iasamce. If Lender required Mortgage Insurance or as a condition of making the Loan and Borrower was required to make separately designated payments toward the premhuns for Mortgage Iasurasce,Borrower stilt pay the premhrms regcdred to maintain Mortgage Insurance In effect or to provide a own rrtundabie loss reserve.until ,"arra ce ends in acoor4ance widh any written agreement between Borrower and Lender's requirement for Mortgage Lender providing for such termination or until termisadoa is regrired by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at dw rate pp ovvided in the Note. s the Note) far certain losses it may incur Mortgage Insurance mUnbuaes Leader(or any entity p�l>� if Borrower does not repay the Loan as agreed_ Borrower is not a Party to tlfe Mortgage Insurance. Mortgage insurers evaluate their total risk on an sucb insawAnce in force from time to time.WAmay enter enters and into agreements with other parries that share or modify their risk.or reduce losses. These agreements are onCDRMOnS that are satisfactory to the mortgage btntrer and the odiier party(or Pules)to dm*agreements. These N may recPhdre the mortgage insurer to make psaymests using any source of finds that doe mortgage insurer may have available(Wbmai'include fiords obtained from Mortgage Insurance premiums). As a restdi of these agreements,Lerhder.any purer of the Note.aodher insurer,any rdnsrsrer,any other entity,or any aftillaae of any of the foregoing,Way receive(directly or indirectly)amorists that derive from(a might be characterized as)a portion of Borrower's payments for Mortgage Insorrance.in exchange for sharing or modifying the mortgage insurer's rbk,or reducing losses. tf suck agreement provides tlat an at8Ba6e of Lender tapes a share of the insurer's risk to exchange for a am of the premiums paid to tine insurer.the arramement is Olken termed "captive rehmirasce." Further: for Mortgtgse (a) Any suchag<eemem15 writ not cheer tie a Will not Borrower�the amoaint Ba s apreed to tower WD owe or any atter arm of the Loan. Such sme ntnhad. for Marge Imarance.and they will not entitle Borrower �v�_if arry-with respect to the Mortgage ne (b) Any such agreements WM not affect the duels Barr oe+er inct�ec the right ho rae under the Homeowners Protection Act of 1999 or airy other lair. These riglrls y ties► of the MartVV Imuramce. to hake the to receive certain diacbsarea, to request and obtain camoelta MartPp>gelmauranceterndm�Medatrt�omaAiatti',and/or torecxivearefwodefanyblortg+tgeImnrancepMrnImoa that were mooned at the ileac of Rich cancellstlau or termlmatlon. 11. Assignmerrt of Mtscelisrleous Proceed&.Formtare. All Miscellaneous Proceeds are hereby assigned to and shah be paid to Leader. b restoration or repair of the Property. If the Property is damaged,such Miscellaneous Proceedsshall be applied lessened. such repair and if the restoration or repair is economically feasible and Lenders security Proceeds u D ing suLender has had u restoration period, Lender shall have the right to hold such Miscellaneous Leader's u isfactlad dei drat opportunity to inspect such Pmpectlr to ensure the work tray been wand restoration in a single disbursement such inspection shall be undertaken promptly. Mendes'may pay P� or jus aeries of progress payments as the work is completed. Unless as agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,render sAa1t not be required to pay Borrower nay Romi interest or earnings on such MLscellaneotrs Proceeds. If the restoration orep is not M CaY the ot by ills feasible Or Lender's security would be lessened,the Misceltameous Proceeds shad)be agrpli PEIWSYLVANIA " Ms Fami�t Do~ eunaav t3s2 Fannia tiAaelFreddfe h�ec uearORM INsTRUM[NT•ME p of 17 w � Form 3039 01101 OXI972PG2976 I. Instrument,whether or not then due.with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied In the order provided for in Section 2. In the event of a total taming.destruction,or loss in value of the Property.the Miscellaneous Proceeds shall be applied to the stns secured by this Security instrument,whether or not thea 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 vakre of the Property immediately before the partial taking.destruction,or loss In value Is equal to or greater than the amount of the arms secured by this Security Instrument Immediately before the partial taking,destruction,or loss in value, unless Borrower and Lender otherwise agree In writing.tie sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds mah sled by the following fraction: (a)the bid amount of the sums secured immediately before the partial taking,destruction.or loss in value divided by(6)the fair market value of the Property immediately before the partial h&W&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 Properly immediately before the partial Wring.destruction,or loss in value is less than the amount of the sums secured immediately before the partial laking,destruction,or loss in value,unless Borrower and leader otherwise agree in writing.the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property Is abandoned by Borrower,or if,arise notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails 10 respond to Under within 30 days after the date the notice is given,Leader is mAorined to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Inttrumeut,whether or not then doe. 'opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of actor in regard to Miscellaneous Proceeds. Borrower shall be in default If any action or proceeding,whether civil or criminal,Is began that,in Loader's ymigmient,could result in forfelam of the Property or other material impairment of Lender's interest in the Property or eights ander this Secxrrity Instrument Borrower can cure soli a default and.if acceleration has ocmnvd.reinstate as provided In Section 19, by causing the action or proceeding to be 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 lushumerd. The proceeds of any award or claim for des than ars attributable to the impairment of Lendmr's interest in the Property are hereby assigned and shall be paid to leader. All Nfiw lauaeoos Proceeds that are not applied to restoration or repair of the Property shall be applied in the. order provided for In Section 2. 12. Borrower Not Released;Forbearance By Lender Not a Walver. Extension of the time for payment or modification of amortization of the suns secured by this Security iustrumest granted by Lender to Borrower or any Successor in Interest of Bormwer shall not operate to release the UAW of Borrower or airy Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amor ization of the sums secured by this Security Instrument by reason of any demand made by the orifi nal Borrowers or any Successors in GdermA of Borrower. Any forbearance by Lender in exercising any right or remaedy including, without limitation, Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than We amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several l labiBty;Co-eoer'a;Sumesslors and Asir*m Bound. Borrower covenants and agrees that Borrower'sobligations and"Itty shalt be joint and several. However.nay Borrower who co-signs this security PENNSYLVANIA—Single F� D*CK09 cf eoo�rssz die Fannie Mse/FredMw UNI INSTRUMENT-MERS WW dopsayifc.eart Form 3039 01101 Pegs 10 of 17 BR 1972PG2977 f Instrument but does nal execute the Note(a"co-signer"): (a)is co-sigaiog this Secuity instrument only to mortgage. great and convey the co-signer's interest in the Property under the terns of this Security Inst umeat: (b)is not personally obligated to pay the sums secured by this Security Instnuuent,and (c)agrees that Lender and any other Borrower can We to extend,modify.forbear or mate any acconJOIodations 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 assum Borrower's obligations under this 5ecudty inshumeat In writing,and le approved by Leader,shat obtain ail of Borrower's rights and benefits under this Security Instrument. Borrower*9 not be released from Borrower's obligations and liability under ibis Security Instrument unless Lender agrees seed release in waiting_ The covenants and agrus;meats of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Leader. 14. Loan Charges. Leader may charge Borrower fees for services performed is eoanection with Borrower's default, for the purpose of Protecting Lender's interest in the Property and rights under this Security Instrument. including,but not lhmiled to,attorneys'fees.ProperiY inspection and valuation feft in regard to any other fees,the absence of express authority in this Security Imtruuahent to charge a specific fee W Borrower shall not be coaatrned as a prohibition on the duarging of such fee. Leader may not charge fees that are expressly pmbibtled by this SeruritY Instrument or by Applicable Law. if the Lown is suiudect to a law which sets maximum ban charges.and that law is finally interpreted so that the interest or other loan charges collected or to be collecled in connection with die Loan exceed the permitied limits. then: (a)any such loan charge shall be reduced by the amount necessary to reduce the clurge b the permitted limit: and(b) any sums already collected from Borrower which exceeded Permitted limits will be refunded to Borrower. Leader may choose to make this refund by reducing the principal owed under the Note or by maktag a direct payment to Bormwer. If a refund reduces.Principal, the reduction will be treated as a Partial prepayment without any prepayment charge(whether or not a prePaymeut charge is provided for under the Note). Borrower's acceptance of any such refund suade by direct payment to Borrower Witt constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender is connection with this Security Instrument must be in writing, Any notice to Borrower to connection with this Security Imtrument shall be deemed b have been given to Borrower when malted by first cuts snail or when actually delivered to Borrower's notice address if seat by other means. Notice to any one Borrower shall constitute mess anaan s Borrowers,cureless'has Applicable Law d a expressly notice otherwise. The notice address shall be Bre Properly Leader of Borrower's of address. If Lender address by notice to Lender. Borrower shall promptly notify specifies a procedure for reporting Bormwer's chang1e of address,thea BocmK'er shall only report a change of acidness through that specified procedure. There shay be only one deslgruted notice address under this Security Instrument at any one time. Any notice to Leader shall be given by delivering it ar by snaffling it by first class mad ID Leader's address stated herela unless Lender has designated mdw addrtss by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed b have been given to Lender until actually received by Lender. if any notice required by this Security Instrument is also re9&ed under Applicable Law.the Applicable Law. requirement will satisfy the corresponding requirement under this Security IWUumenL 16. Governing Law: Severability;Rucks of con>sstroctbn This Security Instrument shall be governed by federal law and the law of the,)rrdsdktion in which the Property is located. Ali rights and obligations Contained in this Security Inshunsent nue suldect to any requirements and liadtadons of Applicable taw. Applicable Law might explicitly or implicitly allow the parties to agree by cub-ad of it might be silent, but such silence scall not be conshued as a prohibition against agreement by contract. in the event that aay provision or clause of this Security PENNSYLVANIA— to Fe *D"49-IM2 Jr.rut We 11 d—.S Nlec UN�1 INSTRUMENT-MERS IVRM.111 11 of 17 cam Form 3039 01101 Page BK t 97.2PG2978 i Instrument or the Note conflicts with Applicable Law,such conflict shall act affect other provisions of this Security Instmmni or the Note which can be given effect without the coafikft provision. As used in this Secu ily Inst ru"Ut: (a)words of the mucam gender shall mean and include corresponding neuter words or words of the feminine gender:(b)wards in d o singular shall mean and Inchrde the Plural add vice versa:and(e)the word"may"gives sole discretion without any obligation to take any action. 17_ Borrower's Copy. Borrower shall be gives one copy of the Note and of this Security Instrument. 13. Transfer of the Property or a Befefldsi Ielwmt dtt Bon'arrer. As used in this Section 18,"Interest to 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,insh[bsent sales contract or escrow agreement,the intent of which is the transfer of tide by Borrower at a future date to a purchm sold or transferrod(ar if Borrower is not a If alt or any part of the Property or ally Interest in the Property r wriften consent,natural person and a beneficial interest in Bonowrx is sold or transferred)without mat.However this option Lender may require immediate payment in full of all sums sensed by this Security shall not be exercised by Lender if such exercise is prohibited by Applicable Law. if Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice skati provide a period of not less than 30 days from the date tine notice is given In acoordasce with Section 15 within which Borrower mast pay all suras secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,L n iter away invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to mate After Acede ratim. If Borrower Meets certain conditions,Borrower shall have the right to have enforcement of this Sean*Instrume aft ebcocu Ott any t in ft�ri�Instrument; Such five days before sate of the Property pursuanty power other period as Applicable Law might specify for the termination of Borrower's right to rei r(C) utty Of 3 judgment enforcing this Security Instrument. Those eoadition are that Borrower: (a)Pays Lender then would be dao under this security Instrument and the Note as if no acceleration had occurrs'd:(b)cares any default Of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Seauriiy Iastrutnent,including, but not limited to.rr'asonable attorneys'fees,property Inspection and valuation fees,and atker fees incurred for the purpose of protecting Lender's interest in the Property and rigida ander this Security Instrument and(d)takes surd action as Lender may reasonably require to assure that Fender's interest in the Property and lights user this Security Inistrunient,and Borrower's obligation to pay the am secured by this Securitylnstrumeat,shrill eontism unchanged. Lender may require teat Borrower pay suck mins"ment sums and expenses in one or more of the following fWW, as selected by Leader: (a)cash:(b)money order;(c)cereed check,bank ruck,treasurer's check or colder's check, provided any such check is drawn upon an institution whose deposits are loured by a federal agency,instrumentality or entity,or(d)Electronic Funds Transfer. Upon r e asbiement by Borrower,this Seautty lw trumeal and obligation secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of amekraton under Section 18. 20. Sale of Note;Change of Loan Servicer:Notice of Grievance. The Note or a partial interest In the Note (together with this Security Instrument)can be sold one or more funs without Prior notice to Borrower. A sate might result in a change In the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security instrument and performs other morWV baa smvida8 obligations under the Noce.this Security Instrument,and Applicable Law- There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the am Loan Servicer,the address to Which payments should be made and any other Pt VAN1A—Single Fe>Wv DocNsprc eaaaw•r�sz Fanr"MOWFreddie M9c UNI ORM INSTRUMENT_MERS WWW d%V""At.C= Form 3WO 01101 Page 12 of 17 8KI972PG2979 ' c • I information RESPA requires in connection with a.notice of transfer of servicing. If the Note is sold and thereafter the Lou is serviced by a Loan Servicer otter than the purger of the Note,the mortgage ban servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a scrocessor Loaf Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence.join,or be Joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,thio Security Instrument, until such Borrower or Lender has notified the other patsy(with such notice given in complince with the requirements of Section 15)of such alleged breach and afforded the other party herein a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which rust elapse before attain action can be taken, that time period will be deemed to be reason for purposes of this paragraph. The notice of acceleration and opporhmity to cure given to Borrower pursuant to Section 22 and the notice of accehxadoe given toBorrowerpurnnaattoSection 18shallbedermedtDsaWfydwmt eandappoetwdtybtakeoorrectiveacdonprovidoas of this Section 20. 21. Hazardous Substances. As used In this Section 21: (a) "Hazardous Substances"are those ssdlstances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following sabstaaces: gasoline,kerosene,other flamma or toxic peholeum products,taxic pesticides and lserbicides,volatile solvents, materials containing asbestos or formaldehyde,and radfohrcilve reatertals; (b) "Eeviro amental Law"means federal laws and laws of the jurisdiction when the Property is located that relate to be".safety or envirodmentd protection: (c) "Environmental Clesoup" includes any response action. remedial action, or removal action, as defined in Environmental Law; and A an "EnvimnmeAd Condition" means a condition that can came. contribute to, or oth wise trigger an F,nviroemental Cleanup. Borrower shall not cause or permit cine presence,use.disposal,storage,or release of any Hazardous Substances, or threaten to release any Hazardous Substances.on or in the Property. Borrower shall not do,nor allow anyone else Jo do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition,or(c)which,due to the presence,use.or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property, The preceding two sentences shall act apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that am generally recognized to be appropriate to normal residential uses and In maintenance of tate Properly (inching, but not limited to. hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)my investIption,claim,demand.lawsuit or other actions by my governmental or regulatory agencyor private partyievolving the Propertyand any Hazardous Substance or Eavironmestal Law of which Borrower has actual k wwledge,(b)any Eaviroamatal CorAtioai,inchrding but oat limited to, any spilling. leaking,discharge,release or threat of release of any Hazardous Subsu sce,and (c)any condition caused by the presence,use or release of allazkrdow Subsbmw wWch adversely affects the value of the Property. U Borrower learns,at is notified by any governmental or regulatory authority,or any private parry.that any removal or other remediation of nay Hazardous Substance affecting the Property is necessary.Borrolver shall promptly take all necessary remledial actions in accordance with Emvlronmerstal Law. Nothing herds shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender fiutber covenant and agree as follows: 22. Acceleration; Remedies Leader shag afire notice to Borrow prior to acceleration fWbvA% Borrower's hreachof any covenant or agreement 6ri*da Security instrument(bat not p dor to acceieratbn under PENNSYLVANIA—S'" Farrih OoclMaprc�ilmntmEa soas�r-€srz Farris Nw dFmddm Mer UNI M WSTRUMENT-MERS rvrrw.daoe,apte oom Form 5039 01101 Page 13 of 17 8K 1972FG2980 • i I Section la unless Applteable Law provkks ). Lender nbwlt notify BorvOwer of,aaang other thit�a: (a)the default; (b)the action req"to can the defanit,(c)wben the defauk mat be cured;and(d)that fallare to care the default as specified may result in acceleration of the saran secured by this Security Instrument,foreclosure by judicial procee ft tied sale of the Property.Leader dNI farther tofort.Burrower of the right to rehutabe ager acceleration and the r%k to assert In the foreclueare proeeedta6 the nan-exitteace of a default or any other defense of Borrower to Wmierathsn tied faredgwre- If the default is not cared na specified. Lender at its optica may rsqvh bnmm to payment to fun of all sums waved by itis Securely Lwtvanwm wftooat fut they dmandandmay foreclose dhir Secat*Intramentt by f rdlciat preceeding. Leader abaft be meddled to coikct aff exp ea"toearved to PWMdJ%the remedies provided is thk Sections 2t.kdoft. but not Hatted to,atbarneys'fees and costs of ti&ewlddxtce to tide eAW permitted by Appticabie Law. 23. Release. Upon payment of all saws secured by this Security Instrument.this Security Instrument and the estate conveyed shaft terndnate and become void. Aller Stith occ rr�e,Leader shalt discharge and satisfy this Security Instrument. Borrower shallpay any record&ion costs. Deader my charge Bormwer a fee fa tekastutg this Security Instrument,bud only If the fee is paid to a third party for services rendered aM the chargf ag of the fee is permitted under Applicable Law. 24. Waivers. Borrower,to the extant permitted by Applicable law.waives and releases any error or defects in proceedings to enforce ft Security Instrument, and hereby waives the.benefit of aoy present or futttre laws pmvidhrg for stay of execution, extension of time. exemption from attachment. Levy and sale, and homed exemption. 2S. Retustetement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a shadWs sale or other sale pursuant to this Security Instrument. 2e. PardWm Money Mortgage. If any of the debt secured by dds Security Instrument is lent to Borrower to acquire title to the Property.this Security Instrument shall be a Purchase money mortgage. 27. interest Rate After judgment. Borrower agrees that the interest rate payable allm a judgment is entered on the Note or in an action of mortgage foreclawre shall be the rate payable from time m time under the Note. y easast,.rrur Ft�E7iPtSYLV Sinp UNIIFDRM INSTRUMENT-ME c w� �0M Form 3038 01/01 Nfac Pap 14 of 17 8K 1972PG298 I - a i. BY SIGNING BELOW, Borrower accepts aW agrees to the terms and Wvenants ooRbdmd in llds Security Instrument and in any Rider executed by Borrower lad recorded with It. herSainpl Jr. -Borrower Mary E Sample -Borrower { ? (seat) Borrower -Borrower (Seat) Borrow wer -Borrower W taess: Witless: JwL' -.-m � ng�e �rmvnaoe eoae+as9s2 F=6=Sredde glee UNWbRM WSTRUMENT-MMS w ww.docamok.com i101 Doge 15 of 17 BK 1972PG2982- COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF f A/ On this the,, ,L day of lV#V f,1,L-A—/A004e,before me. Ike undersigned officer,personally appeared Jerry Sample Jr. , Mary E Sample known to me(or satisfactorily proven)to be the persons)whose nanw(s)is/are subscribed to the within Instrument and acknowledged that he/she/they executed the same far the purposes thereto contained. In witness whereof.I hereunto set my hand and official seals. oommoNwmTti 4f=FENNSYLVANtA r a �� F�ier'IdhCa�'H Sigaatnre �,�mriuipn tagikes Apr.2ti,2�DB Member.Pe��»Ylvania 00"datkon of Notadm Tine of OfBoer (Notary's Stamp and Embosser) My commission expires: LTH pF PENNSYLVANIA Chxd0NbMft%F 4d1n0MM j*0W0h MB0fpsAtx.25,2X9 1R.PsnasYh�s+ds.AssuftWn of NOWss PENNSYLVANIA--S' M F=T*y OoclRspteAftutmti ono-etatsaz Famb MaelFredde Mae UNI ORPA INSTRUMENT-MERS www.dbarogrecpn Form 3WO 01101 Pugs 16 of 17 OX 1972PG2983.. 4ti I c•�,t�of Reeidemoe of MorL�+;oe The undersigned hereby awdf es Wat: (t)helshe is the Mortgagee or the duly audiorbW attorney or agent of the Mortgagee named in the widhn irtsmunest;and 00 Mortgagee's precise residence is: 207B South Church St, Middletown, Maryland 21769 Witness trey hand Wis�rt� (lay of Ala U 4-�f ;2,0 a 4 S4p&t a of Mortgagee or Mortgagee's Darr Audochad Attarney or Agent Type orbrit N=m of MortgW or MmWWes Doty Ax*md ed Money er Agat PEKJSYLVAMA q{e F Aodipic saoetn•rss2 Faritie f�MelFreiA tAec UrUFORM tiSTRUMEM h1ERP 17 or 17M � Form 3039 01/ 1 BK 1-972PG2984 I i KM: 100398200000012868 Loan NLmber: ADJUSTABLE RATE RIDER (LIBOR lndex-Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 2nd day of NOVEMBER, 2006 and Is hworpormted into and"be deemed to amend and supplement the Mortgage,Deed of Trust,or Deed to Segue Debt(the"Security Instrument")of the same date given by rise undersigned(the"Borrower")b secure the Borrower's Note to MLend, Inc, A Maryland Corporation (the"Leader")of the same date and covering the property described in the Security Insh'anoeut and located at- 1,161 t1161 Greenspring Road, Newville, Pennsylvania 17291 THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LI]4IITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.150 %. The Note provides for changes in the ingest rate and the monthly payments,as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date$ The interest rate I will pay may change on the 1st day of NOVEMBER, 2008 ,and on that day every sixth month thereafter. Each date on which my interest rate Could change is called a "Change Date." (B) The Index Beginning with.the first Change Date,my interest rate will be based on as Index. The"Index"is the average of intedw*offered rates for six-month U.S.dollar-denomiealed deposits In the London madw ("LIB011"),as published in The Wall Street Journal. The most recent index figure available as of the first business day of the month immediately preceding the man&in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give we notice of this choice. (C) Cakalation of C 04ps Before each Change Date, the Note Holder will caladate my new interest rate by adding SIX AND 500/1000. percentage points( 6.5 0 0 %)to the Current Index. The Note Holder will then round the result of Ibis addition to the neatest one-eighth of one MULTISTATE FIXEDIADJUSTABLE RATE RIDER 0~0tMo W"40-1152 iotut� shlei FbteO--$mgrs Fatrily—Freddie Mus MODIFIED MTRUMEW wwr downgk.cow ocm 3192 1101 Page 7 of 3 Wt 1. 774.PG2985 I Percentage point(0.125%). Subject to the limits stated in Section 4(D)below,this roanded amount will be my new interest rate until the nerd Change Aare. The Note Holder will then determine the amount of the monthly payment that would he sumcient to repay the unpaid principal that I am expected to owe at the Change Date to fug on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment (D) Lbw on Lateereat Rate Changes The Interest rate I am required to pay at the first Change Date will not be greater than 10.150%or less than 7.15 0 %. Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percentage point( 1.000 %)from tine rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.650 96. My interest rate will never be less than 7. 150 96. (E) Effective Date of Changes My new Interest rate will became effective an each Change Date. I will pay the ammut of my new monthly payment begMntog on the first monfhly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changs The Note Holder will deliver or mail to we a notice of any changes ht my interest rate and tike amount of my monthly payment before the effective date of any change. The notice will include Information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 8. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant IS of the Security Instrument is amended to mad as follows. Transfer of the Property or a BeneBdal Ir waw In Borrower. As used in this Section 19,"Interest in the Property"means any legal or beuefkbd interest in the Property,including, but not limited to,those beneficial interests transferred in a bond for deed,eontracii for deed, installment sales contract or escrow agreement,the intent of which is the transfer of Ute by Borrower at a furore date to a purchaser. If all or any part of the Property or any Interest in the Property Is sold or transferred(or If a Borrower is not a nabhral person and a beneticial interest in Borrower is sold or transferred) without Lender's prior written consent,Leader may require mate payment in full of all sums secured by this Security Instrument. However,ibis option shall not be exercised by Leader if such exercise Is prohibited by Applicable Law. Lender also shall not exercise OMs option if. (a)Borrower causes to be submitted to Lender information required by Lender in evaluate the intended transferee as if a new loan were being mate to the transferee; and(h) Leader reasonahty determines that Lender's security will not be impaired by the loan assurmption and that the risk of a breach of any coveaant or agreement in this Security Instrument is acceptable to Leader_ To the extent permltied by Applicable Law, Lender may charge a reasonable fee as a condition to Leader's consent to the loan assumption. Leader may also require the Transferee to sign an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the.Note and in this Security lnstrument MULTISTATE FIXED/ADJUSTABLE RATE RIDER pocntYpf� soncrarasa Q11one3—"bl�, tedl-514*Famiy—Freddie Moe MODIFIED IN wwwdogt��yk.ccr„ t "s2or3 BK 19-72 FIG 2 9 8 6 Borfewer will continue to be obligated under the Note and this Security Instrument unless Leader releases Borrower in writing. If Leader exercWs the option to require imanediate payment in fill, Lender shag give Borrower notice of acceleration. The notice shalt provide a period of not less than 30 days from the date the notice is given in accorduce with Section 15 widda which Borrower mmol pay all sums secured by this Security Instrument. If Borrower fails to pay these suns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Ad atabte Rate hider. `Q.1 -' G /+s'^-' ~A--- (Swat) err Sampl Jr -Bp we Mary f Sample -Bomwerr (S84 -Borrower -Borrower (SeA (Seal) -Borrower -Borrower MULTISTATE FIXEI)ADJUSTAME RATE PJDFA t70~a3 avae49.7= omt�Fixed)-�Singte Farnoy..Fre"e Mac MODIFIED INSTRUMENT www OnarMpr�corn Ql Page 3 of 3 OKI972PG2987 i PREPAYMENT RIDER Loan Number. t Date: NOVEMBER 2, 2006 Bonnwer(s): Jerry Sample Jr., Mary E Sample I THIS PREPAXMENT RIDER(the"Rider")is made this 2nd day of NOVEMBER 2006 .and is incxuporaied into and shall be deemed to amend and supplement the Mortgage,Deed of Trust or Security Deed(the "Security Insttumeat")of the same date given by the undersigned ("Borrower") to secure repayment of Borrower's promissory note (the "Note") in favor of MLend, Inc, A Maryland Corporation ("Leader"), The Security Iustrmuetd encumbers the Property more speelficady described in the Security Insirtmtent and located at 1161 Greenspring Road, Newville, Pennsylvania 17241 Mroparty AMhml ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Sean* Instrument,Borrower and Lender fiwMer covenant.and agree as follows: A. PREPAYMENT CHARGE The Note provides for tate payment of a prepayment charge as follows: 5 BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE I have the right In make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I matte a Prepayment, I will tell the Note Holder to writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. The Note Holder will use my Prepayments to reduce the amount of Priacipal that I owe under the Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment,time will he no changes in the due dates of my monthly payment unless the Note Holder agreess in writing to Use changes. If the Note contains provisions for a variable hAer est rate.my partial Prepayment may reduce the amatmt of my monthly payments after the first grange Date following my partial prepayment. However.any reduction due in my partial Prepayment may be offset by an interest rate increase. If this Note provides for a variable interest rate or finance charge, and the laterest rate or finance charge at any time exceeds the legal limit under MULTISTATE PREPAYMENT RIDER DowMal�o e0P6ta�� 6103 Page 7 of 2 wwwdownift.ean SK 1972PG2988 ....... ... . _._... i'. i which a Prepayment penalty Is allowed, then the Note Holder's riga to assess a Prepayment penalty will be determined under applicable law. ! If within. TWO ( 2 )months from the date the Sewdly Instrument is executed I make a hdl Prepayment or one or more partial Prepayments,and The total of all such Prepayments in any 12-math Period exceeds twenty percent(20%) of the original Prinetpal an m mt of the loam,I will pay a Prepayment charge in an amount i equal to SIX ( 6 )months'advance Interest on the amount by which the 1otat of my Prepayments within any 12-month period exceeds twenty percent(20%)of the original Principal amount of the Ion. BY SIGNING BELOW,Borrower accepts and agrees to the terms and provisions contained in this Rider. Vb date�44 (Seal) 0.t�'f� e y Sam a r. -Borrower Mary E Sample -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (SeaQ -Borrower -Borrower MULTISTATE PREWMENT RIDER laocAlr�tct emus T 6103 Page 2 of 2 www dvarwprccpn. OE1972PG2989.. r ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as Lot No.26 on the Subdivision Plan for North Newton Manor.as prepared by Rodney Lee Decker, R.S.,dated June 8, 1989 and recorded in Cumberland County Plan Book 58, Page 109 and further bounded and described as follows: BEGINNING at a point on the northern dedicated right-0f--way line of 60 feet wide Pa. Route 641 at the dividing line between Lots Nos.26 and 27 on the aforementioned subdivision plan:thence along said dividing line,North 03 degrees 26 minutes 00 seconds East 349.67 feet to a point;thence along the same,South 68 degrees 14 minutes 50 seconds East 158.01 feet to a point;thence along the dividing line between Lots Nos.25 and 26 on said plan, South 03 degrees 26 minutes 00 seconds West 300.00 feet to a point on the northern dedicated right-of- way line of 60 feet wide Pa.Route 641;thence along said right-of--way line,North 86 degrees 34 minutes 05 seconds West 150.00 feet to a point,the place of BEGINNING. Containing 1.119 acres,exclusive of dedicated right-of-way. i THE ABOVE DESCRIBED REAL ESTATE is the same which Edward G.Reames and Jean E.Reames (Deceased),his wife by deed dated October 27,2006 and intended to be recorded immediately prior to the recording of this instrument in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania conveyed unto Jerry Sample,Jr.and Mary E.Sample,husband and wife. y this to be recorded bc rland County PA =± Kecorder of Decds OK1972FG291-0 i :HIB x I Preps By and Return To:Beth Gradel GOLDBECK McCAFFERTY&MCKEEVER Mellon Independence Center-Suite 5000 701 Market Street Philadelphia, PA 19106-1532, 215-627-1322 GMM File Number:67363FC Parcel IDM: 30-08-0597-052 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,ACTING SOLELY ASA NOMINEE FOR MLEND,INC (Assignor), for and in consideration of the sura of Ten.Dollars($i 0.00)and other good and valuable consideration, the receipt of which is acknowledged,does grant,bargain,sell,assign and transfer to DEUTSCHE BANK NATIONAL TRUST COMPANY ON BEHALF OF FINANCIAL ASSET SECURITIES CORPORATION.,SOUNDVIEW HOME LOAN TRUST 2007-WMC-1,ASSET-BACKED CERTIFICATES,SERIES 2007-WMC-1. DEUTSCIiE BANK NATIONAL TRUST COMPANY ON BEHALF OF FINANCIAL ASSET SECURITIES CORPORATION.,SOUNDVIEW,HOME LOAN TRUST 2007-WMC-1,ASSET-BACKED CERTIFICATES,SERIES 2007-WMC-1 (Assignee), all of its right,title and interest,as holder of,in,and to the following described mortgage,the property described and tate indebtedness secured by the mortgage: Executed JERRY SAMPLE JR.and MARY E.SAMPLE ,Mortgagor(s);to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,ACTING SOLELY AS A NOMINEE FOR MLEND,INC. Bearing date of: 11!2!2006;Amount Secured:$180,000.00; Recorded on; 11113/2006;in Book 1972 Page 2968;in the Recorder of Deeds Office of Cumberland County,Commonwealth of Pennsylvania("Mortgage") Property: 1161 Greenspring Road,Newville,PA 17241 AS FURTNL'R'DESCRIBED IN EXHIBIT"A",ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note")and all moneys due and to become due on the Note and Mortgage,with interest. Assignee its successors,legal representatives and assigns shall hold all rights under the Note and Mortgage forever,subject however,to, the right and equity of redemption, if any,of the maker(s)of the Mortgage,their heirs and assigns forever. Assignor,by its appropriate corporate officers, as executed and sealed with its corporate seal this Assignment of Mortgage on this day of ,2008. r k 4 Y' MORTGAGE ELECTRONIC t•`' _ 'x'' REGISTRATION SYSTEMS,INC.,ACTING SOLELY AS A NOMINEE FOR MLEND,INC (Affix Corporate Sea]) ` tiIL/ _ (SEAL) Nam Tit] : ASW BISHOP,1 ST vice PAESIar nrr (SEAL) Na e: Title: KIMaftyDAWWN,iSTVCFPHEODENT STATE OF COUNTY OF BE IT REMEMBERED,that on this day of'j A J� 2008, before me,the subscriber,a Notary Public personally appeared MARK BISHOP,1ST VICE PRESIDENT v t (X'1 '15 officers of Assignor,who I am satisfied are the persons Who Signe the with n instrument an e C n' y acknowledged that they signed,sealed with the corporate seal and-delivered the same as such officers-�jr� � •�.Y aforesaid,and that the within instrument is the voluntary act and deed of such corporation made by vulue : of a Resolution of its Board of Directors, -Notary Public My commission expires: I hereby certify,the address of the Assignee is: 7105 CGIrporate Drive,P" C-35,Plano,rX 75024 xSScn VILLA Case :67363 FC Mt Comw4ufaft irbruautt 20.2012 i i i i y f i LEGAL DESCRIPTION I ALL THAT CERTAIN eraot of brad situue in Horth Natvton Township,Cutnhetland Cowtty,Fonntyivatia "'bre fully bounded Sad daeaibod as Lot No.26 on the Subdi�lalon Plan for Worth Newlon prepared by Maaoe.u Rodrroy Len Dmkw-",i dattd JSrte L,)M-AWrecorded in Curnberlsw Co, Phtq Book Sg,Page 109aad fff.dw bounded and; Zes follows n>y 1BEt7mtptiNG at a Pew an the northem dedicated right-,F line of 60 feet wide,Pa,Route 641 at the dividing line between Lots Nos.26 sod 27 on the efrnemeoticned subdivision plan:theme along said dividing line,North 07'deg+rta 26 minutes 00 sewml,Ess!349,67 fat to a point•,thaKe am$the tame,South 6;tkgrea 14 rnhartes So seconds FJst 1 SLOI feet to a point:theme,along the dividing line between LAU No&z and 26 on said plan, South 03 degrees 26 minutce oo second,Wtd30R.o0 Feet to a point oa the rtorthath dedicated tfght,of- l way ihte 01`60 feet w{de pyt,Rome 641.thence along said righlof-way line,Nath E6 depeep seconds Wapt 150.00 feet to a pairs,aha place of 8$QINNINC. 34 tMttdses 0S i Containing i.IID aeras,exc losfva of dedieabddvight-of--way. ! TH P ADOVE DESCRIMI)REAL ESTATE h the sums whkh Eduard a.Raemes%ad)tan F Raarnes to be MCM&S record hdtis i lanatrmnent iJftdn t 0lbirA of the Rsaorder of Daeda of Caroberiandated Otubw 27.206 wW Wendedkr odiatsty Mor to the convoyed awo7trry Saropls„Jr.and Mary ti Samples husband and waft. °u 'Pertnrylraata I f t I i 1 i i i I I ' I i i (I i; ROBERT P.ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1. COURTHOUSE SQUARE al CARLISLE,PA 17013 �^ 717-240-6370 Instrument Number-200820456 Recorded On 6/18/2008 At 10:43.29 AM *Total Pages-4 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number-23243 User ID-AF *Mortgagor-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC *Mortgagee-DEUTSCHE BANK NATIONAL TR CO *Customer-GOLDBECK ET AL *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 This page is now part ROD ARCHIVES FEE $3.00 of this legal document. TOTAL PAID $27.00 I Certify this to be recorded in Cumberland County PA i RECORDER O D DS *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 100TND is is E vEll ALL THAT CE]kTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as Lot No.26 on the Subdivision Plan for North Newton Manor,as prepared by Rodney Lee Decker, R.S., dated June 8, 1989 and recorded in Cumberland County Plan Book 58,,Page 109 and further bounded and described as follows: 13EGUWANG at a point on the northern dedicated right-of-way line of 60 feet wide Pa.Route 641 at the dividing line between Lots Nos.26 and 27 on the aforementioned subdivision plan;thence along said dividing line,North 03 degrees 26 minutes 00 seconds East 349.67 feet to a point;thence along the same,South 68 degrees 14 minutes.50 seconds East 158.01 feet to a point;thence along the dividing line between Lots Nos.25 and 26 on said plan, South 03 degrees 26 minutes 00 seconds West 300.00 feet to a point on.the northern dedicated right-of- way line of 60 feet wide Pa.Route 641;thence along said right-of-way line,North 86 degrees 34 minutes 05 seconds West 150.00 feet to a point,the place of BEGINNING. Containing 1.119 acres,exclusive of dedicated right-of-way. THE ABOVE DESCRIBED REAL ESTATE is the same which Edward G.Reames and Jean E.Reames (Deceased),his wife by deed dated October 27,2006 and intended to be recorded immediately prior to the recording of this instrument in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania conveyed unto Jerry Sample,Jr.and Mary E.Sample,husband and wife. ItI, 1 I i i I i EXHIBIT F k k r, Select Portfolio Servicing PO BOX 65250 Salt Lake City, UT 94165-0250 9171 9010 7643 2001 8116 45 f i MARY E SAMPLE 1161 GREENSPRING RD NEWVILLE, PA 17241 I 4�c 00004865000206010500 .. ...... .. Spol%S.ERVICII�a.- MARY E SAMPLE 1161 GREENSPRING RD NEWVILLE,PA 17241 i i 1 `_,u 00004364000413010500 Date: April 11,2013 E. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages• The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help,you must MEET WITH A CONSUMER. CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The 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 NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.. PUEDE SER ELEGIBLE PARA UN PRE'STAMO 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. 00004864000413020500 :�:4 v HOMEOWNER'S NAME(S): MARY E SAMPLE PROPERTY ADDRESS: 1161 GREENSPRING RD NEWVILLE,PA 17241 LOAN ACCT.NO.: ORIGINAL LENDER: Mlend,Inc,A Maryland Corporation CURRENT LENDER/SERVICER: Select Portfolio Servicing,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR.HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS EST_4BLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act,you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33)DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer . credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST.be forwarded to PFIFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. i YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS.A LATE APPLICATION WILL.NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act.The Pennsylvania Housing Finance Agency has sixty(60)days to make a decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f you have filed bankruptcy ou 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: 1161 GREENSPRING RD NEWVILLE,PA 17241 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: E IZ t1 ;Qf It i?it 84itur ,r00 -- _- 0-5 — - .._e...... •. •_.•'..••"^.-a.ny:.._.�.y._.5--*...__._:r==':.:.:'.;w:=7c:a��CF=rsr—ssein::r.:.cFiis:raixaE-:..:«r•-:^;.-.=e:. mat_:vd4h_. Payment due for 07/01/2007 $ 105,337.04 Total amount due includes Escrow Payments (Taxes/Insurance). Your current monthly escrow payment is$221.96 Accrued Late Charges 303.95 Advances made on Customer's behalf 1,148.00 Escrow advance balance (Deficit) 0.00 Total Amount Outstanding $ 106,788.99 Unap lied balance 0.00 Rpm r?cAl € 111R1r71 #Pr� 9 ,ON =:: 00004864000413030500 y F HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $106,788.99 , F 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: Select Portfolio Servicing,Inc. PO BOX 65450 Salt Lake City,UT 84165-0450 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.However, if legal proceedings are started against you, you will have to pay all reasonable 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 I default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. !. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due,plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will. increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Select Portfolio Servicing,Inc. Address: P.O.Box 65250 Salt Lake City,UT 84165-0250 Phone Number: (888) 818-6032 Fax Number: (801)293-3936 Contact Person: Jennifer Coleman EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's 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. ` k 00004864000493040500 Il` 1. HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated;09/10/2012 05:11 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511.-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2307 i tc.; 00004864000413050500 Select Portfolio Servicing PO BOX 65250 Salt Lake City, UT &4165-0250 9171 9010 7643 2001 8116 38 JERRY SAMPLE JR 1161 GREENSPRING RD NEWVILLE, PA 17241 00004865000205010500 t. ELE,CT /x JERRY SAMPLE JR 1161 GREENSPRING RD NEWVILLE,PA 17241 i i it - v, 00004864000412010500 is P Date: April 11, 2013 i ACT 91 NOTICE I TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEM AP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The 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 Wyant to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO`N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO 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. ;. . 00004864000412020500 HOMEOWNER'S NAME(S): JERRY SAMPLE JR PROPERTY ADDRESS: 1161 GREENSPRING RD NE W V ILLE,PA 17241 LOAN ACCT.NO.: ORIGINAL LENDER: Mlend,Inc,A Maryland Corporation CURRENT LENDER/SERVICER: Select Portfolio Servicing,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR.HOME FROM FORECLOSURE AND KELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY . THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with. one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. a \ 4 F To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS ,OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS.A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f you have Bled 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: 1161 GREENSPRING RD NEWVILLE,PA 17241 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: tsarocl['1�+ee-fur' ��' _.__.�._..� � �.'�' __.. .. _.:.;� •- Sa .s12u auesK-�. .__1��.•�.�[�..I[7t�.�,�,. .._ ......'�':�::.;:'ecwy..:�,^ ..s_ _ ..r.. ._;x.. _. ..., n_._��..._--:.- x__..„.,�........__....._.._.. ...- —_.4�.,._e.�:.::.„.-.a_'�.«:__�.�:=:-:ia"s-..�.. a.-'E:::iii-'�•�.”->'-'x5L^ _ ___ ..... ..,. ..._ .'-..'. ...:.. ..._..4..r!::....Mnii:L•�::���w:�L••.�':.:::t^'T,. -._.'"_y, .-. .:^.SS..1.-_„V��._::'.1:".�![:[ - Payment due for 07/01/2007 $ 105,337.04 Total amount due includes Escrow Payments (Taxes/insurance). Your current monthly escrow payment is$221.96 Accrued Late Charges 303.95 Advances made on Customer's behalf 1,148.00 Escrow advance balance (Deficit) 0.00 Total Amount Outstanding $ 106,788.99 Unapplied balance 0.00 did= 00004864000412030500 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $106,788.99 , 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: Select Portfolio Servicing,Inc. PO BOX 65450 Salt Lake City,UT 84165-0450 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 uroperty. IF THE MORTGAGE IS FORECLOSED UPON--Thc mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still,have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that sucha Sheriffs Sale of the mortgaged property could be held would.be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount . needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Select Portfolio Servicing, Inc. Address: P.O. Box 65250 Salt Lake City,UT 84165-0250 Phone Number: (888)818-6032 Fax Number: (801)293-3936 Contact Person: Jennifer Coleman L 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 it 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. ;,�_: 00004864000412040500 i` r f' JKEIVIAP Consumer Credit Counseling Agencies CUMBERLAND County i Report last updated:09110,'201205;11 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 1.71.04 888-511-2227 717-232-9757 i Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue Fork,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 j PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1.518 717-780-3940 800-342-2397 000048W00412050500 i 1664 THE COURTS FORM 1 Deutsche Bank National Trust Company,as IN THE COURT OF COMMON PLEAS Trustee,in trust for Registered Holders of CUMBERLAND COUNTY, Soundview Home Loan Trust 2007-WMC1, PENNSYLVANIA Asset-Backed Certificates, Series 2007-WMC1 3815 South West Temple �� h Salt Lake City,UT 84115, V CIVIL Plaintiff, Vs. ; EE Jerry Sample Jr. 1151 Greenspring Rd. Newville PA 17241 and c c) CD c` Mary E. Sample , 1161 Greenspring Rd. Newville,PA 17241, ` Defendants ' NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative within twenty(20) days of the appointment date. During that meeting,you must provide the legal:representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Robert W. Williams,Esquire Milstead&Associates, LLC 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 856482-1400 856482-9190 (f) THE COURTS 1665 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSIIIP 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: CUSTOMER/PRIMARY Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑No❑ Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: _ Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Hoene: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy?Yes❑No❑ 8.28843 f 1666 THE COURTS If yes,provide names,location of court,case number&attorney: I Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: Amount Owed: Value: Automobile 92:Model: Year: Amount Owed: Value: Other transportation(automobiles boats,motorc cy les)• Model: Year: Amount Owed: Value Monthly Income Name of Employees: L 2. 3. Additional Income Description(not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: i Monthly Expenses:(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortga e Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop.payment Install.Loan Payments Cable TV Child Su port/Alim. . Spending Money 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 p No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 8.28843 2 f r THE COURTS 1667 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(IJEMAP)assistance? Yes ❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information,if know,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name):_ Contact: Phone: AUTHORIZATION I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options.[/We understand that l/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: `11 Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill `i Letter explaining reason for delinquency and any supporting documentation(hardship letter) Listing agreement(if property is currently on the market) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY HE I'r,i? 1 r i'f'rI �i ii 2U1, MAY 28 PM 2: 55 CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company vs. Jerry Sample, Jr. (et al.) Case Number 2014 -2860 SHERIFF'S RETURN OF SERVICE 05/19/2014 01:06 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jerry Sample, Jr., but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as Not Served" at 1161 Greenspring Road, Newville, PA 17241. Deputies were advised that the defendant moved to 19625 Steelers Drive, Orbisonia, PA 17243 which is located in Huntington County. 05/19/2014 01:07 PM - Deputy William Cline, 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: Mary E Sample at 1161 Greenspring Road, North Newton, Newville, PA 17241. IELIAM CLINE, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, May 20, 2014 RONNY R ANDERSON, SHERIFF MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff 204 ,AIN CLIbIBEIZ AND PENNSY LVgNIA IT , Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007- WMC1, Asset -Backed Certificates, Series 2007-WMC1, Plaintiff, Vs. Jerry Sample Jr., and Mary E. Sample, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-2860 Praecipe to Reinstate Complaint in Mortgage Foreclosure TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. t EAD & ASS .• ATES, LL Robe W. Williams, Esquire Attorney ID No. 315501 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY €oFel y 4= THE SKERIFP JUL 'J��4� 9: 3 CUMBERL 'tiff COW Frt.' PENNSYLVANIA Deutsche Bank National Trust Company vs. Jerry Sample, Jr. (et al.) Case Number 2014-2860 SHERIFF'S RETURN OF SERVICE 06/17/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jerry Sample, Jr., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Huntingdon, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 06/20/2014 02:20 PM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Huntingdon County upon Jerry Sample, Jr., personally, at 19625 Steelers Drive, Orbisonia, PA 17243. William G. Walters, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, July 01, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sherif, Teleosoft. Inc. SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company Vs. Jerry Sample, Jr. 19625 Steelers Drive Orbisionia, PA 17243 Now, this 20th day of June , 2014 No. 2860 , at 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff Term: 2014 1420 HOURS I served the within Notice and Complaint in Mortgage Foreclosure (Notice of Residential Mortgage Foreclosure Diversion Program) Jerry Sample, Jr. upon at 19625 Steelers Drive, Orbisonia, PA 17243 by handing to Jerry Sample, Jr., personally one true and correct copy/copies of the within Notice and Complaint in Mortgage Foreclosure (Notice of Residential Mortgage Foreclosure Diversion Program) the contents thereof. Sworn and subscribed to before me this oaf day of 20 /, • COMM Notary Pub Di OF PENNSYLVANIA NOTARIAL SEAL Tammy S. Poor, Notary Public Huntingon Boro, Huntingdon County My commission expires October 26, 2014 and made known to Jerry Sample, Jr. So Answers, William G. Wheriff Deputy Nathan K. Goshorn Chief Deputy/Deputy Costs: Rec. & Doc. $9.00 Service $9.00 Mileage/Postage $24.70 Surcharge Affidavit $5.00 Miscellaneous Total Costs $47.70 Paid IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY BRANCH, PENNSYLVANIA beutsche Bank National Trust Bank, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1 Asset -Backed Certificates, Series 2007-WMCI vs. Jerry Sample Jr. and Mary E. Sample Civil Division ,r THE F7 r cOrtioNo 2014 JUL TFCrl; ! CU/'1EE PH 3' U PENNS YL © ANrCOUN ylIA : No. 14-2860 SUGGESTION OF BANKRUPTCY David D. Buell, Prothonotary: Please note upon the record that Jerry Sample, Jr., one of the defendants in the above -captioned action, filed a Voluntary Petition in Bankruptcy with the United States Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg, PA, on July 10, 2014, at 10:26 o'clock A.M., which petition was docketed to 1-14-03191-RNO. PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE-NAMED DEFENDANT. CERTIFICATE OF SERVICE I, Richard L. Bushman, Esquire, attorney for the above captioned defendant in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle District of Pennsylvania, do hereby certify that on the date set forth below I served the within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's of record as follows: DEUTSCHE BANK NATIONAL TRUST CO 3815 SOUTH WEST TEMPLE SALT LAKE CITY UT 84115 MILSTEAD & ASSOC LLC 220 LAKE DRIVE EAST STE 301 CHERRY HILL, NJ 08002 Date: 7/11/2014 SELECT PORTFOLIO SERVICING 10401 DEERWOOD PARK JACKSONVILLE FL 32256 Richa • L. Bushman,. Esquire 16767 'ath Valley Road P.O. Box 51 Spring Run, PA 17262-0051 [717] 349-7657 USBC PAM - LIVE - VERSION 5.1 Page 1 of 2 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 07/10/2014 at 10:26 AM and filed on 07/10/2014. Jerry L. Sample, Jr. 19625 Steelers Drive Orbisonia, PA 17243 SSN / ITIN: xxx-xx-7125 aka Jerry Lee Sample, Jr. The case was filed by the debtor's attorney: The bankruptcy trustee is: Richard L. Bushman PO Box 51 16767 Path Valley Road Spring Run, PA 17262-0051 717 349-7657 John P Neblett (Trustee) Reager & Adler, PC PO Box 490 Reedsville, PA 17084 717 667-7185 The case was assigned case number 1:14-bk-03191-RNO to Judge Robert N Opel. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case, please visit the following Internet link: http://ecf.pamb.uscourts.gov/ There is an .08 fee per page or page view (charges do not apply up to the first per calendar year) and you must first register at this web site: http://pacer.psc.uscourts.gov/ Public access computer terminals are also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm, M -F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse, 228 Walnut Street, Harrisburg, PA 17101. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court https://ec£pamb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?235547 7/11/2014 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 8.28843 Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1, Asset -Backed Certificates, Series 2007-WMC1 3815 South West Temple Salt Lake City, UT 84115 Plaintiff, vs. Jerry Sample Jr. 19625 Steelers Drive Orbisonia, PA 17243 and Mary E. Sample 1161 Greenspring Road Newville, PA 17241 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-2860 PRAECIPE FOR JUDGMENT, IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Jerry Sample Jr. and Mary E. Sample, Defendants, for failure to file an Answer on Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $296,713.79 Interest 1/22/14 through 10/16/14 8,653.72 Escrow Advances 3,845.26 TOTAL $309,212.71 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accorda ' ce ith Rule 237.1. copy attached. Rob rt W. Williams, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: JD / J PROTHONOTARY aA s 110, So poctliii CAA 14� 7voiw I316.1J aS l`� MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff Our file number: 8.28843 Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007- WMC1, Asset -Backed Certificates, Series 2007-WMC1, Plaintiff, Vs. Jerry Sample Jr. and. Mary E. Sample, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-2860 TO: Jerry Sample Jr. 19625 Steelers Drive, Orbisonia, PA 17243 Mary E. Sample 1161 Greenspring Rd., Newville, PA 17241 DATE OF NOTICE: September 26, 2014 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A J'1'EMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the Page 1 of 3 office set forth below. This office can provide you with information about hiring a lawyer_ If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILS 1 EAD & ASSOCIATES, LLC By: Robert W. Williams, Esquire ID No. 315501 Attorney for Plaintiff Page 2 of 3 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 8.28843 Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1, Asset -Backed Certificates, Series 2007-WMC1 Plaintiff, vs. Jerry Sample Jr. Mary E. Sample Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-2860 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Robert W. Williams, Esquire, do hereby certify that the Complaint in Mortgage Foreclosure was served upon Defendant, Mary E. Sample on May 19, 2014 by the Cumberland County Sheriff. A copy of the Service Returns are attached hereto and made a part hereof as Exhibit "A". I, Robert W. Williams, Esquire, do hereby certify that the Complaint in Mortgage Foreclosure was served upon Defendant, Jerry Sample Jr. on June 20, 2014 by the Huntingdon County Sheriff. A copy of the Service Returns are attached hereto and made a part hereof as Exhibit "A". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18Pa.C.S. § 4904 relating to unsworn falsification to authorities. Robert W. Williams, Esquire Attorney for Plaintiff Ronny RAnderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor - -3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Deutsche Bank National Trust Company vs. Case Number 2014-2860 SHERIFF'S RETURN OF SERVICE 06/17/2014 Sheriff Ronny R Anderson, being duly sworn according to Iaw, states he made diligent search and inquiry for the withid Defendant to wit: JSample, was unable to locate the Defendant in the Sheriffs baitiwick. The Sheriff therefore deputizes the Sheriff of Huntingdon,.Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to taw. 06/20%2014 02:20 PM The ested Notice of Residential MortgaFonanosuvaOiversionProgramond Complaint in Mortgage Foreclosure served by the Sheriff of Huntingdon County upon Jerry Sample, Jr., personally, at 19625 Steelers Drive, Orbisonia, PA 17243. William G. Walters, Sheriff, Return of Service attached to and made part of the within record, SHERIFF COST: $37.00 SO ANSWERS, July 01, 2014 RO0NYRANDERSON, SHERIFF SHFiRIFF'S OFFICF, HUNTINGDON COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company Vs. Jerry Sample, Jr. 19625 Steelers Drive Orbisionia, PA 17243 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff No. 2860 Term: 2014 Now, this 20th day of June , 2014 , at 1420 HOURS I served the within u Notice and Complaint in Mortgage Foreclosure(Notice of Residential Mortgage Foreclosure Diversion Program) POn at Jerry Sample, Jr. 19625 •Steelers Drive, Orbisonia, PA 17243 by handing to Jerry Sample, Jr., personally one true and correct copy/copies of the within Notice and Complaint in Mortgage Foreclosure (Notice of Residential Mortgage Foreclosure Diversion Program) the contents thereof. Sworn and subscribed to before mehis day of 20 fria. /Notary Pub OF P NOTARIAL SEAL Tammy S. Foor, Notary Public Huntingon Boro, Huntingdon County My commission ex •fires October 26, NM and made known to Jerry Sample, Jr. So Answers, William G. W hefiff Deputy Nathan K Goshorn Chief Deputy/Deputy Costs: Rec. & Doc. $9.00 Service $9.00 Mileage/Postage $24.70 Surcharge Affidavit $5.00 Miscellaneous Total Costs $47.70 Paid Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY lox D i lel kil tr.7rtjjb 0;144:T QF Deutsche Bank National Trust Company vs. Jerry Sample, Jr. (et al.) Case Number 2014-2860 SHERIFF'S RETURN OF SERVICE 05/19/2014 01:06 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jerry Sample, Jr.; but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 1161 Greenspring Road, Newville, PA 17241. Deputies were advised that the defendant moved to 19625 Steelers Drive, Orbisonia, PA 17243 which is located in Huntington County. 05/19/2014 01:07 PM - Deputy William Cline, being duly swom 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: Mary E Sample at 1 161 Greenspring Road, North Newton, Nevvviiie, PA 177241. j LIAM CLINE, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, May 20, 2014 RONWS' R ANDERSON, SHERIFF (c) cou:VySuite Stena . Teleesoft. inc. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 8.28843 Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1, Asset -Backed Certificates, Series 2007-WMC1 Plaintiff, vs. Jerry Sample Jr. Mary E. Sample Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-2860 VERIFICATION OF NON-MILITARY SERVICE Robert W. Williams, Esquire, hereby certifies that he is attorney for the Plaintiff in the above -captioned matter, and verifies the following facts to the best of his information and belief: 1. inquiry has been made with the Department of Defense, and it has been determined that Defendants are not in the Military or Naval Service of the United States or its Allies, and/or do not fall within the provisions of the Servicemembers Civil Relief Act of 2003, 50 USC App.§ 501 2. defendant, Jerry Sample Jr., is over 18 years of age, 3. defendant, Mary E. Sample, is over 18 years of age. DATE: () Robert ' . Williams, Esquire Department of Defense Manpower Data Center • Status Report Pursuant to Servicemembers Civil Relief Act. Last Name: SAMPLE, JR. First Name: JERRY Middle Name: Active Duty Status As Of: Oct -20-2014 Results as of : Oct -20-2014 07:17:00 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No ' NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HisMer Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. r�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Status Report Pursuant to Servicena.embers Civic. Relief Act. Last Name: SAMPLE First Name: MARY Middle Name: E. Active Duty Status As Of: Oct -20-2014 Results as of : Oct -20-2014 07:17:25 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No ' NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - - No - NA This response reflects where the individual left active duty "status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - - - No NA This response reflects whether the individual or his/her unit hasreceived early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 1:414,N- ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL ACTI Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1, Asset -Backed Certificates, Series 2007-WMC1 NO.: 14-2860 • • , Plaintiff, PRAECIPE }'�J. WRIT OF EXECUTION AMoitgage!Foreclosure) , , • „ 0 vs. Jerry Sample Jr. Mary E. Sample 4 Defendants • . 4 TO PROTHONOTARY OF CUMBERLAND#COUNTY: 1. Directed to the Sheriff of Cumberland,County, ' 2. Against the Defendarit(s) in the abovelcalitioned matter; 3. and index this writ against the Defendant(s) as follo-ws: Jerry Sample Jr. Mary E. Sample , Real Property involved: • 1161 Greenspring Road Newville, PA 17241 " DATE: Amount Due Interest from 10/17/14 to Date of Sale at $32.29 per diem (6%) TOTAL (Costs to be added) lvc °A1/4"‘ 5.1.slpcrr 37 60 t 1S gi IS le / " $-e)"" 4 $309,212.71 Respectively submitted, Milstead & Associates, LLC CD Robert W. Williams, Esquire Attorney for Plaintiff 1 E. Stow Road Marlton, NJ 08053 4e,r).9sLLQ 0-0 )411ii3/ 3i asDo f)4 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 8.28843 Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1, Asset -Backed Certificates, Series 2007-WMC1 Plaintiff, vs. Jerry Sample Jr. Mary E. Sample Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-2860 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1, Asset -Backed Certificates, Series 2007-WMC1, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 1161 Greenspring Road, Newville, PA 17241: 1. Name and address of Owners(s) or Reputed Owner(s): Jerry Sample Jr. 19625 Steelers Drive Orbisonia, PA 17243 Mary E. Sample 1161 Greenspring Road Newville, PA 17241 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1, Asset -Backed Certificates, Series 2007-WMC1 (Plaintiff herein) 3815 South West Temple Salt Lake City, UT 84115 4. Name and Address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1, Asset -Backed Certificates, Series 2007-WMC 1 (Plaintiff herein) 3815 South West Temple Salt Lake City, UT 84115 UM Capital, LLC 6701 Carmel Road, Suite 110 Charlotte, NC 28226 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Cumberland County Tax Bureau 1161 Greenspring Road 21 Waterford Drive, Suite 201 Newville, PA 17241 Mechanicsburg, PA 17050 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 North Newton Township Tax Office 903 Big Spring Road Shippensburg, PA 17257-9753 Big Spring School District 45 Mount Rock Road Newville, PA 17241 Department of Domestic Relations Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Department of Revenue Bureau of Individual Taxes Inheritance Tax Division P.O. Box 280601 Harrisburg, PA 17128-0601 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: N Z /1411 Robert W. Williams, Esquire Attorney for Plaintiff TO: OWNER(S) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY �Jts ?; MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 8.28843 Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1, Asset -Backed Certificates, Series 2007-WMC1 Plaintiff, vs. Jerry Sample Jr. Mary E. Sample Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-2860 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 1161 Greenspring Road, Newville, PA 17241, is scheduled to be sold at sheriff's sale on March 4, 2015 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $309,212.71 obtained by Deutsche Bank National Trust Company, as Trustee, in trust for Registered Holders of Soundview Home Loan Trust 2007-WMC1, Asset -Backed Certificates, Series 2007-WMC1. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened, you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2007-WMC1, ASSET-BACKED CERTIFICATES, SERIES 2007-WMC1 Vs. NO 14-2860 Civil Term CIVIL ACTION — LAW JERRY SAMPLE, JR. MARY E. SAMPLE WRIT OF EXECUTION 'TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $309,212.71 L.L.: $.50 Interest FROM 10/17/14 TO DATE OF SALE AT $32.29 PER DIEM (6%) Atty's Comm: Atty Paid: $255.06 Plaintiff Paid: Date: 10/21/2014 (Seal) REQUESTING PARTY: Name: ROBERT W. WILLIAMS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 1 E. STOW ROAD MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 315501 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy