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HomeMy WebLinkAbout14-4210 Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not upplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Z Complaint El Writ of Summons ❑ Petition S r_1 Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff s Name: The Bank of New York Mellon Lead Defendant's Name: Mark E. Stimeling;Tammy C f/k/a The Bank of New York,as Trustee for NAAC J. Stimeling Reperforming Loan Remic Trust Certificates, Series T 2004-Rl I Dollar Amount Requested: _Uwithiinarbitration limits 0 Are money damages requested?: El Yes 0 No (Check one outside arbitration limits N Is this a Class Action Suit? 0 Yes Z No Is this an MDJ Appeal? ❑ Yes No A Name of Plaintiff/Appellant's Attorney: Christopher A.DeNardo,Esquire El Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not mclude Judgments) CIVIL"PEALS n intentional E3 Buyer Plaintiff Administrative Agencies E] Malicious Prosecution El Debt Collection:Credit Card 0 Board of Assessment n Motor Vehicle El Debt Collection:Other n Board of Elections n Nuisance El Dept.of Transportation n Premises Liability El Statutory Appeal:Other S n Product Liability(does not ❑ Employment Dispute: include mass tort) Discrimination E 0 Slander/Libel/Defamation n Employment Dispute: Other n Zoning Board C F1 Other: T E3 Other: I El Other: 0 MASS TORT N n Asbestos F] Tobacco 0 Toxic Tort-DES F1 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste El Ejectment E] Common Law/Statutory Arbitration B ❑ Other: [I Eminent Domain/Condemnation El Declaratory Judgment 0 Ground Rent El Mandamus n Landlord/Tenant Dispute El Non-Domestic Relations Z Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY n Mortgage Foreclosure: Commercial [I Quo Warranto ❑ Dental El Partition n Replevin ❑ Legal n Quiet Title F1 Other: n Medical El Other: n Other Professional: Updated 1/1/2011 i SHAPIRO&DeNARDO, LLCBY: CHRISTOPHER A. r CAITLIN M. DONNELLY DeNAESRUIORE ATTORNEY D1NEY N0 31I.11400. 78447 �� l t� / BRADLEY J. OSBORNE, ATTORNEY I.D.NO. 312169 CO c�J f A CHANDRA M. ARKEMA, ATTORNEY I.D.NO. 203437 ���nC f ' ' 9:39 3600 HORIZON DRIVE, SUITE 150 Pj'I+SYI�'t7 cod KING OF PRUSSIA, PA 19406 4 V/jy/41`y TELEPHONE: (610)278-6800 S &D FILE NO. 14-044949 The Bank of New York Mellon f/k/a The COURT OF COMMON PLEAS Bank of New York, as Trustee for NAAC CIVIL DIVISION Reperforming Loan Remic Trust Certificates, CUMBERLAND COUNTY Series 2004-R1 PLAINTIFF NO: C4, qn1 d VS. Mark E. Stimeling 6 Red Fox Lane Mechanicsburg, PA 17050 Tammy J. Stimeling 6 Red Fox Lane Mechanicsburg, PA 17050 DEFENDANTS COMPLAINT- CIVIL ACTION MORTGAGE FORECLOSURE 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 OR CANNOT AFFORD ONE,GO TO OR 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 ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. os 113. OM4 a C� rya (2#N-)a( r Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE(20)DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRE CCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 i t SHAPIRO&DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO,ESQUIRE, ATTORNEY I.D.NO. 78447 CAITLIN M. DONNELLY, ESQUIRE,ATTORNEY I.D.NO. 311403 BRADLEY J. OSBORNE,ATTORNEY I.D.NO. 312169 CHANDRA M. ARKEMA,ATTORNEY I.D.NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 14-044949 The Bank of New York Mellon f/k/a The COURT OF COMMON PLEAS Bank of New York, as Trustee for NAAC CIVIL DIVISION Reperforming Loan Remic Trust Certificates, CUMBERLAND COUNTY Series 2004-R1 PLAINTIFF NO: VS. Mark E. Stimeling 6 Red Fox Lane Mechanicsburg, PA 17050 Tammy J. Stimeling 6 Red Fox Lane Mechanicsburg, PA 17050 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for NAAC Reperforming Loan Remic Trust Certificates, Series 2004-R1, the address of which is, c/o Nationstar Mortgage LLC, 350 Highland Dr., Lewisville, Texas 75067, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as Nominee for Superior Home Mortgage Corporation, its successors and assigns MortgagorU: Mark E. Stimeling and Tammy J. Stimeling (b) Date of Mortgage: February 7, 2001 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1672, Page 189 Date: February 21, 2001 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificateholders of the NAAC Reperforming Loan REMIC Trust Certificates, Series 2004-R1 Date of Assignment: August 2, 2012 Recording Date: August 14, 2012 Book: Page: Instrument No.: 201224498 Corrective Assignment Assignor: Mortgage Electronic Registration Systems, Inc., as Nominee for Superior Home Mortgage, Corporation, its sucessor and assigns Assignee: The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for NAAC Reperforming Loan Remic Trust Certificates, Series 2004-R1 Date of Assignment: May 6, 2014 Recording Date: May 19, 2014 Instrument No.: 201410317 The Assignment(s) is/are a matter a matter of public record and are therefore incorporated herein as provided by Pa. R.C.P. No. 1019(g). 2. Plaintiff is the current holder of the mortgage by operation of law. 3. The real property that is subject to the Mortgage is generally known as 6 Red Fox Lane, Mechanicsburg, PA 17050 and is more specifically described as attached as part of Exhibit "A". 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Promissory Note"). A true and correct copy of the Promissory Note is attached and marked as Exhibit "B". 5. The names and mailing addresses of the Defendants are: Mark E. Stimeling, 6 Red Fox Lane, Mechanicsburg, PA 17050 and Tammy J. Stimeling, 6 Red Fox Lane, Mechanicsburg, PA 17050. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October 1, 2013 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of May 22, 2014: Principal Balance Due $129,220.29 Interest Currently Due and Owing at 6.5% $6,082.77 From September 1, 2013 through May 22, 2014 Escrow Balance ($5.59) Property Inspection $114.00 Suspense/Unapplied Balance ($5.85) TOTAL $135,405.62 9. Interest continues to accrue for each day that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorney's fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice pursuant to the Homeowners'Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg.,was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(i). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s)contains the information required by the act of March 14, 1978 (P.L. 11,No. 6),41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants,jointly and severally, in the amount set forth in paragraphs 8 and 9,together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Promissory Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: `� �(-]��( BY: ojc_�n- -7r ttorrneys for Plaintif C.AJTLIN 74.DG`a NEa'.LY,E S &D File No. 14-044949 r ROBERT P. ZIEGLtER RECORDER OF DEEDS Prcparrv►by and when Recorded Return to: CUMBERLAND COUNTY-PA SUPERIOR MORTGAGE CORPORATION `01 FES 21 Ail 10 01 245 BELLEVUE AVENUE HAMMONTON, NJ 08037 -------- Above This Line For Recordin g Data)----•---------- ------------------------- MORTGAGE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THF? APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AI)THORIZED AGENT. Ut:rlNITIONS Words es(•d in multiple sections of this ducunnnt a% de,i»ed tlelow anti o:her word, are defined in Section.. 3, 11, 13, 13, 20 and 21 Certain rules regarding the gc of words used in this document are a?So provided in Scviou lfi, (A) "Security Instrument"means this doeurnent, which is dated FEBRUARY 7, 2001 lgviller wish rill Riders to this document. (It) "Borrower" is Mark E. Stimeling AND Tammy J. Stimeling, his wife Hurrowcr is the.mortgagor under this Security Instrument. (C) "HERS" is Morigilge ElLcironic Registration Systems, lac. MFRS is a separate corporation that is acling solely as a nominee for Lender and txnder's successors and assigns. MF lIS is the mortgagLe under this Security Instrument. MFRS is organized and t:xisting under the laws of Delaware, and has an address and 10cphorte number of P.O. Box 2026, Flint. M148501-2026, tel. (888)679-MFRS. (ll) "Lender" is SUPERIOR HOME MORTGAGE CORPORATION l..ender is it Tuckerton, NJ 08087 organized Fuld existing under the laws of PENNSYLVANIA Lender'saddress is 2900B MARKET STREET Camp Hill, PA 17011 0') "Note"means life promissory note sinned by Borrower and dated FEBRUARY 7, 2 0,01 The Note states 1112[Borrower owes Lender ONE III+'NI)RF D SIXTY-TAIREE THOUSAND E IGH'r HUNDRED NINFTY AND 00/100 1)t>llars(l .S. S 163, 690.00 )plus interest. 13orrawer has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 1, 2031 (F') "Property" means file propt:•rty that is describe below under the heading "Transfer of Rights in die Property." (G) "Lona" means the debt evidenced by the Nuu, plus interest, any prepayment charges and late charges dot: under theNote,and all sums due under this Security Instr'umt:nl, plus interest. IT*NNSVINANIA-Single Family-hamtie Mae/Greddic Mar(INiFURd11NSTRUME:NT WITH MFRS Form 3039 (01/01) MrrtsvAl"i Pate I of 13 .800K1672tAct 1:89- (H) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower[check box as applicable]: Adjustable Rate Rider ❑ Condominium Rider F-1 Planned Unit Development Rider 1-4 Family Rider F-1 Second Home Rider Pq V.A. RIDER Balloon Rider F x] Other(s) SEE ATTACHV Legal Exhibit "A" (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers,and automated clearinghouse transfers. (L) "Escrow Items"mean those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5) for: (i)damage to, or destruction of, the Property; (ii)condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for(i)principal and interest under the Note, plus(ii)any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (ty "Successor in Interest of Borrower"means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS Form 3039 (01/01) MERSVAPA Page 2 of 13 BooK16? nct .190 r modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS(solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY of [Type of Recording Jurisdiction] CUMBERLAND (Name of Recording Jurisdiction) SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 6 Red Fox Lane,Mechanicsburg , Isttnd] Icuyi Pennsylvania 17050 ("Property Address"): (Zip CO&I TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns)has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 (01/01) MERSVAPA Page 3 of 13 goaK 1672 racf A9i Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment(s)or partial payment(s)if the payment(s)or partial payments are insufficient to bring the Loan current. Lender may accept any payment(s) or partial payment(s) insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment(s) or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment(s)to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount,of the Periodic Payments, 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full, a sum(the "Funds")to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums, if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and ° PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 (01101) MERSVAPA Page 4 of 13 aooK 1672 rac1 A92 Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and(b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges;Liens. Borrower shall pay all taxes, assessments,charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to ,pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or(b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MFRS Form 3039 (01101) MERSVAPA Page 5 of 13 aooK 1672 PACE A93 Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance .coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shalt become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing; any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS Form 3039 (01/01) MERSVAPA Page G of 13 BOOK 1672 FACE _194 5 I I from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorney's fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs,change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 (01/01) Mr,RSVAPA Page 7 of 13 BOOK G12 PACE +195 by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk,or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. if such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured`-by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS Form 3039 (01/01) MERSVAPA Page 8 of 13 BOOK 1672 Pact'A96 fair market value of the Property immediately before the partial taking,destruction,or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 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 Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest iti the Property and rights under this Security instrument, including, but not limited to, attorneys fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 (01/01) MMVAPA Page 9 of 13 soo i6�2 tacE A97 interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sutras already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shalt mean and include the plural and vice versa; and(c)the word "may" gives sole discretion without any obligation to take any action. 117. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or(c) PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS Form 3039 (01/01) MERSVAPA Page 10 of 13 BOOK 1672 PAGE A98 entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the r Note, 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 new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer(s)and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action,or removal action,as defined in Environmental Law; and(d)an "Environmental Condition"means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (cy which, due to the presence, use, or release of a Hazardous PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS Form 3039 (01/01) MERSVAPA Page l l of 13 BOON 1672 racE 199 Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and(c)any condition caused by the presence, use or release of a Hazardous Substance which adversely - affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and, may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23.Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower,to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25.Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured bythis Security Instrument is tent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 (01/01) MERSVAPA Page 12 of 13 BooK1672FACE u200 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and' rider(s)executed by Borrower and recorded with it. Witness J t-:, — (Seal) Mark E. Stimeling by his Attorne�rrower Social Spur ti y�unbec Stitneling !..� L.k� -�---, (Seal) Tammy . S imelin Borrower Social Security Number (Seal) Borrower Social Security Number ; (Seal) Borrower Social Security Number ----------------------------------------[Space Below This Line For Acknowledgment]--------------------------------------- STATE OF Pennsylvania ) ) SS: COUNTY OF Cumberlland ) On this,the 7th day of February 2001 , before me, the undersigned officer, personally appeared Mark--E-.--Shia 14mg-AND-Tammy J. Stimeling, his wife known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to.,•# wathi instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '•=: `3,;i }i 0 . f4 My Commission Expires. �> R L t,�psnA xrY g"� at>~+aan�+000u fY�o d �; v+• y�lfvPAJJM� %r� R FEBRUMY20.?0�t Title of Officer Certificate of Residence 1, Robert C. Saidis, Esq. do hereby certify that the correct address of the within-named Mortgagee is 245 Bellevue Ave., Hammonton, NJ 08037 Witness my hand this 7th day of February 2001 Rob t C. i is, EsgAgent of Mortgagee PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRt NT WITH MERS Form 3039 (01/01) MERSVAPA Page 13 of 13 eaOK 1672 Pat .201 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS This 7t° day of February, 2001, before, me a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Tammy J. Stimeling, known to me or satisfactorily proven to be the person whose name is subscribed to the above indenture as attorney-in-fact for Mark E. Stimeling and acknowledged that she executed the same as the act of his principal for the purpose therein contained. In Witness Whereof, I have hereun et my h and official seal. ` NOTAAft SM pWDI L LeOM NO" Y FUEUC .,,. amu:sono.OUM9EHli.r0 00urrtY �� . WY COMMISSION p(plfiES FEgF,UARY 20.2001 sooK1672FA6E .211.12.- Exhibit A ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Springs,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the Northern line of a 50 foot wide street known as Red Fox Lane,at the dividing line between Lots Nos. 1 and 2,Block"A",on the Plan of Lots referred to hereinafter,which point of beginning is also referenced,South 85 degrees 58 minutes 30 seconds West,a distance of 250.00 feet measured along the Northern line of Red Fox Lane from its intersection with the Western line of Township Road T-600;thence along the Northern line of Red Fox Lane,South 85 degrees 58 minutes 30 seconds West,a distance of 200.00 feet to a point at the dividing line between Lots Nos.2 and 3,Block"A" on said plan;thence along said last mentioned dividing line,North 04 degrees 01 minutes 30 seconds West,a distance of 292.87 feet to a point;thence along land now or formerly of St.Paul's Evangelical Lutheran Church,North 82 degrees 48 minutes 55 seconds West,a distance of 200.30 feet to a point at the dividing line between Lots Nos. 1 and 2, Block"A"on said plan; thence along said last mentioned dividing line,South 04 degrees 01 minutes 30 seconds East,a distance of 303.91 feet to a point on the Northern line,of Red Fox Lane,the Place of BEGINNING. BEING Lot No.2,Block"A"on the Plan of Lots designated Plan No. 1 subdivision of the Property of Nancy T.Anthony,which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book No. 17,page 89. HAVING thereon erected a single family dwelling numbered 6 Red Fox Lane. BEING the same premises which Mark E.Mayberry and Susanna Mayberry, husband and wife,by Deed dated July 14,2000,which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed book 225, Page 521,granted and conveyed to Mark E. Stimeliag and Tammy J.Stimeling, husband and wife,Borrowers herein. PoK1672PAcE .203 LOAN NO. 117-00027 VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS ASSUMPTION POLICY RIDER is made this 7TH day of FEBRUARY 2001 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt("Instrument")of the same date herewith,given by the undersigned("Borrower")to secure the Borrower's Note("Note")of the same date to SUPERIOR HOME MORTGAGE CORPORATION its successors and assigns ("Lender")and covering the property described in the Instrument and located at: 6 Red Fox Lane Mechanicsburg, PA 17050 [Property Address] Notwithstanding anything to the contrary set forth in the Instrument, Lender and Borrower hereby acknowledge and agree to the following: VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties, and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instrument executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 17 of the Security Instrument, are hereby amended or negated to the extent to conform such instruments to said Title or Regulations. VA Guaranteed Loan and Assumption Policy Rider VAASSUMP 05/95(VA438 Rev.10/941 Page 1 of 3 7 sooK1672PAeE .204 LATE CHARGE: At Lender's option, Borrower will,pay a "late charge" not exceeding four per centum (4%) of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such "late charge" shall not be payable out of proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits", the Lender may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action provided by law. , TRANSFER OF THE PROPERTY: If all or any part of the Property or any interest in it is sold or transferred, this loan may be declared immediately due and payable upon transfer ("assumption") of the property securing such loan to any transferee ("assumer"), unless the acceptability of the assumption and transfer of this loan is established by the Department of Veterans Affairs or its authorized agent pursuant of Section 1814 of Chapter 37,Title 38, United States Code. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING FEE: A fee equal to one-half of I percent (.50%) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the Lender or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the Lender of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729(b). (b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption of this loan, a processing fee may be charged by the Lender or its authorized agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37,Title 38, United States Code applies. (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan, including the obligation of the veteran to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. (d) The Borrower futher agrees that should this Security Instrument and the note secured hereby not be eligible for guarantee under the Servicemen's Readjustment Act of 1944 as amended within 90 days from the date hereof(written statement of any officer of the Department of Veterans Affairs or authorized agent of the Department of Veterans Affairs dated subsequent to the 90 days time from the date of this security instrument, declining to guarantee said note and this mortgage, being deemed conclusive proof of such ineligibility), the Lender or the Holder of the note may at its option declare all sums secured hereby immediately due and payable. VA Guaranteed Loan and Assumption Policy Rider VAASSUMP 05195(VA438 Rev.10194) Page 2 of 3 800K1672PAk •205 S (e) ASSUMPTION OF ARM LOAN: If an applicant is approved by the Department of Veterans Affairs to assume a VA ARM Loan, they must be provided with the VA Adjustable Rate Mortgage Disclosure Statement. IN WITNESS WHEREOF, Borrower(s)has executed this Assumption Policy Rider. � 1. (Seal) _%. (Seal) Mark E. Stimelin4 -Borrower Tarmny J. Sti eling -Borrower by his Attorney—in—Fact Tammy J. Stimeling (Seal) (Seal) -Borrower -Borrower VA Guaranteed Loan and Assumption Policy Rider VAASSUMP 05/95(VA438 Rev.10/94) Page 3 of 3 PoK1672 PAk.•zQS ite?�of Pennsylvania County of CumborlandJ "T.'., 'nth)office for the recording of Deads r_ , Sn or b-NI?. �County, C in �.a Vol Pa 1 :-itn isz,my en d s! I of affi Carlisle,P day o �v RecordQ ORIGINAL NOTE NOTICTta: THIS LOAN IS NOT ASSUMABLE WI'1'1-IOU'T THE APPROVAL OF THE DEPARTMENT O1i' V1 'I'I�,RAN:S AFFAIRS OR ITS AUTHORIZED-AGENT. FEBRUARY 7, 2001 Camp Hill load , ICnyl 6 Red Fox Lane Mechanicsburg, PA 17050 p+u,perry namasl 1.6ORROWERIS t'RO1V11SE'i•O PAY this amount iscalled In return for a loan all,I have received,I promise to pay U.S.S 163,890.00 "principal'),plus interest,to Ole Order of the Louder.'1'hc Lender is SUPER70R Hom MORTGAGE CORPORATION, 1 undersland that the Lender nay transfer this Note. The Lender or anyone who takes this Note by o'ansfrr and will) is cli ided to rtxeive payments under this Note is called the"Nine I'lolder." 2.INT1,10:.S 1' Interes, will he ehargcd un unpaid prineipnl until the foil amutult of principal has brew paid. I will pay nn:tc•st is a yearly oft:of 6.500 %• lhe interest tate Inquired by this Scoion 2 is the rale I will pay bulls before and alien ally default desr.tihed in'ti(xhun Q11)of this Note. 1.PAYMENTS (A)Time and Place of Payments I will pay principal and imrerest by snaking payments every month. I will make lily monthly payments on the IST clary of each month beginning ou APRIL 1, 2001 I will maks:these payments every 111011 It until 1 have,paid all of the principal and interest and any other rhargus drsetibul below shat I may awe under this Note.My monthly payntcnls will he applied to interest before princq+:d.It,ml 2031 1 still owe amounts under this Note, i will pity those anm un ,s in fill oilthat MARCH 1, dale,which is called the'•maturity date." I will slake lily ndmthly payments at 1.39`'_i ROU'T'E 539, TUCKERTON, NEW JERSEY 0808or'n dil'I'cnalt place if required by the Nu1c 11m14cr. (It)Amount Of Monthly 1'aynuala My monthly paynu;nl will he in the amount mf U.S.S .1.,035.90 a.ItORRQWIa('S i(f(;H1'TO PREPAY 1 have the right to make payment.of principal at any(iute before they an:due.A payment of prinrgt:d only is known as a^prepayment."When i make n prepayment.I will tell the Note.Ilulder in writing that i ant Joint;so. I stay make a full ptcpayutent or partial prepaymculs without paying.,any prepaynu:nt dlatge.'1111:Nom:f bldcl will use all Of my prcpayntents o reduce due amoun(of lrrincip-1 that!owe,under this Note. if 1 Make a pari>+I pup;ryntem, Iherc will he nm changes in the due slate or in the amonnl of my monthly payn+enl I 1,css the Note Holder a(' .9 in writing t0 those drmges. S,LOAN CHARGUS If a law,Which applies 141 this loan and which sets maximum loan eharyes,is finally iaterp,cted so that itw interest or oilier loan c•hargcs eollc'clal or hl be collectf-d in connection with,his loan exceed the lntuuim(d limits,then: (i)any such luau charEe shall be t'ednced hY lilt:amount necessary to retluee,rte.chntge to the perulimrd hunt;;Ind 60 nay suns aln-ady CU11CeIC(I frau,me willed checeded permitted limns will ht:Icfunded 1,1 Ise.The Nutc I Inulol may ehonse uI r.+akc this n•lunr. by r.Ilucilig the principal I Owe under this Note Or by making a direct payutlat to file. It a Iefuud n:durc:1,1111611:11, tile redurlion will be treated as a partial prep:tytncut. 6.80RROWER'S i'AiLIiRE,TO PAY AS REQUIRGU (A)Lade(,Ilargv for Overdue!'ny)"cvds r calendar days alter If the Note llolder has not received the full 11111011/11 of any Inont ly payment by the end of 1.I Y the(late it is due,i will p;ly a late charge to the Note Holder.The amount Of the charge will he h %Of Illyoverdur.payuuut.I will pay this late charge promptly but only Once,on c:+eh late payment. (tet Ud'uull II'I do not pay the lull mnount of each nx>nthly payment no the dale it is due•,I will be in detach. u (C)Nnticc of Def-10111l ll t an+in default.the Nuthat it'I te floldcr may said me a wrinel+no+ice telling Ill,c dl)not pay thr Itvc;dor.;:nxuu by a certain date.the Note Iloldcr may mquim me to pay imrrlcdiatcly the full auloun,01'ptiticipat which has not been paid and all the interest that I owe on Ilan amount.That elate nost he at least 30 days alter the dale 011 which thw notice is delivered oI nailed to tile. (I))No Waiver By Note i(older liven if,at n tittle when I;un in default,the Note Molder docs not require me to pay immediately in full ns desoihed ;dove,the Note Iloldcr will Stitt have'lilt right to do so if l am in default at a later time. p1111.T111 A'1'1:rl\ID al1lT.KnTC:•Slugh r,l,l't,-TN>INllll.Me I:\7inpA11VJ'1'NI.MINr 1...):pl II/n Amental N9t •• VANISKIn'V. 1`at,r.1 Ilr 1 Cxhi • (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to i be paid back by me for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include,for example,reasonable attorneys'fees. 7.GIVING OF NOTICES Unless applicable law requires a different method,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 trailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. S.OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is 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 us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 9.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 Halder to give notice to other persons that amounts due have not been paid. 10.ALLONGE TO THIS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were part of this Note.(Check applicable box] 71 Graduated Payment Allonge E Other 11.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 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are dcscribed,as follows: Regulations(38 C.F.R.Part 36)issued under the Department of Veteran's Affairs("V.A.")Guaranteed Loan Authority(38 U.S.C. Chapter 37)and in effect on the date of loan closing shall govern the rights,duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. PAY TO THE ORDER OF_p 8Wr#IW Mo" WITHOUT RECOURSE (Seal) Mar E. St meling , y is Attorney-Borrower in-Fact Tammy J. Stim ing B V O G 4 SR ICE- D (Seal) UPERIOR H [ MOR AGE CORPORATION Boriower Taminy J1 S imelin (Seal) •Borrower ,�,,....,...�.——.___....-. .,�.�.„'.'--^_.,....._..._` (Seal) Borrower ti ' vnvron$moetat<� �". ... "TFgIRX. I [Sign Original Only] FMCIPAL RESIDENTIAL MORTGAGE,INC. By F.Bognanav,President MULTISTATE FIXED RATE NOTE.SL,&Fm oy•FNMAlF711MC UNIFORM INSTRUMENT Farm 3200 1243 A-eWed 4191 VAMSNOTE Page 2 of 2 Ilbto e Exhibit A J ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Springs,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the Northern line of a 50 foot wide street known as Red Fox Lane,at the dividing line between Lots Nos.1 and 2,Block"A",on the Plan of Lots referred to hereinafter,which point of beginning is also referenced,South 85 degrees 58 minutes 30 seconds West,a distance of 250.00 feet measured along the Northern line of Red Fox Lane from its intersection with the Western line of Township Road T-600;thence along the Northern line of Red Fox Lane,South 85 degrees 58 minutes 30 seconds West,a distance of 200.00 feet to a point at the dividing line between Lots Nos.2 and 3,Block"A" on said plan;thence along said last mentioned dividing line,North 04 degrees 01 minutes 30 seconds West,a distance of 292.87 feet to a point; thence along land now or formerly of St. Paul's Evangelical Lutheran Church,North 82 degrees 48 minutes 55 seconds West,a distance of 20030 feet to a point at the dividing line between Lots Nos. 1 and 2, Block"A"on said plan;thence along said last mentioned dividing line,South 04 degrees 01 minutes 30 seconds East,a distance of 303.91 feet-to a point on the Northern line,of Red Fox Lane,the PIace of BEGINNING. BEING Lot No.2,Block"A"on the Plan of Lots designated Plan No. 1 subdivision of the Property of Nancy T.Anthony,which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book No. 17,page 89. HAVING thereon erected a single family dwelling numbered 6 Red Fox Lane. BEING the same premises which Mark E.Mayberry and Susanna Mayberry, husband and wife,by Deed dated July 14,2000,which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed book 225, Page 521,granted and conveyed to Mark E..Stimeling and Tammy J.Stimeling, husband and wife,Borrowers herein. Nationstar Mortgage,LLC PRESORT Temecula, CA 92589 9095 Box First-Class Mail TeCU.S.Postage and Fees Paid W SO 7196 9006 9297 1087 2375 Send Payments to: Nationstar Mortgage RETURN RECEIPT REQUESTED 350 Highland Drive Lewisville,TX 750674177 20131211-160 II I�I�II�I�1�11�1�'III�J���J�u��l'I��I�ul'Il'Il"��II�I"ISI' MARK E STIMELING 6 RED FOX LN MECHANICSBURG, PA 17050-1627 EAU M NOI ti� Sent Via Certified Mail 7196 9006 9297 1087 2375 12/11/2013 ACT 91 NOTICE TA.IK"E 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 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 the Notice. If you have My 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 NOTIFICACIbN :EN ADJUNTO ES DE SUMA 1MPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIUN OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDE SER. ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECH.O A:REDLMHR SU HH'OTECA. PA_NOI Page 2 of 7 7196 9006 9297 1067 2375 HOMEOWNER'S NAME(S): MARK E STIMELING TAMMY J STIMELING PROPERTY ADDRESS: 6 RED FOX LANE MECHANICSBURG,PA 17050 LOAN ACCT.NO.: - ORIGINAL LENDER: SUPERIOR HOME MORTGAGE CORPORATION CURRENT LENDERISERVLCER: Nationstar Mortgage,LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THF. "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 PAI'YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act,you.are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the date of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33)DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice,the lender may NOT take action against you for thirty(30)days after the date of this meeting. The names,addresses,and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so,you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program,and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action,your application MUST be forwarded to PHFA.and received 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" PA_NOl Page Iof7 7196 9006 9297 1087 2375 YOU HAVE THE RIGHT TO FILE A HFMAP 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 1-lousing 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 1 BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date.) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 6 RED FOX LANE MECHANICSBURG,PA 17050 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Next Payment Due Date: 10/01/2013 Total Monthly Payments Due: $3,795.85 Late Charges: $455.78 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $48.00 Unapplied Balance: 4($ 7.29) TOTAL AMOUNT PAST DUE: $4,252.34 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 LE:ND:ER, WHICH 1S $4,252.34 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: Nationstar Mortgage,LLC 350 Highland Drive Lewisville,TX 75067-4177 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 mortsaged 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 PA N01 page 4of7 71% 9006 9297 1087 2975 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 sutras due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by ygying 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 Sate 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 some position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approximately 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: Nationstar Mortgage,LLC Address: 350 Highland Drive Lewisville,TX 75067-4177 Phone Number: 1-888480-2432 Fax Number: 1-972-315-6827 Contact Person: Tobi Adeboyejo E-Mail Address: customer.serviceConationstarmaii.com EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or_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 other requirements of the mortgage are satisfied YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TILE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THUS.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, OF YOU CURE THE.DEFAULT. (HOWEVER,YOU DO:NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE(3)TIMES.1N ANY CALENDAR YEAR.) PA N01 Nip 5of7 7196 9006 9297 1087 2375 • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE:PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act,Title 15, U.S.0 1692(g),you may dispute the validity of this debt.,or any portion thereof if you do so in writing within thirty(30)days after the receipt of this notice.If you dispute the validity of this debt, or any portion thereof, within this thirty(30) days period we will provide you with written verification thereof,otherwise the debt will be assumed to be valid. Sincerely, Tobi Adeboyejo Dedicated Loan Specialist Nationst:ar Mortgage,LLC 1-877-783-7491.ext. 8941040 350 Highland Drive Lewisville,TX 75067-4177 FEDERAL LAW REQUIRES US TO ADVISE YOU THAT NATIONSTAR MORTGAGE, LLC IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY,PLEASE PROVIDE US WITH THE ATTORNEY'S NAME.ADDRESS AND TELEPHONE NUMBER. PA_NOI Page 6 of 7196 9006 9297 1087 2375 HEMAP Consumer Credit Counseling.Agencies CUMBERLAND.County Report lust updated:10!16/2013.10:43 AM Advantage Credit,Counseling ServicelCCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514.Derry.Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance.of York/Y.Housing Resources Maranatha 290.West Market Street 43 Philadelphia Avenue York,PA .17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625.North Front St 4.50 Cleveland Ave Harrisburg,.PA.17102 Chambersburg,PA.1.7201 717-234-66.16 717-264-5913 PA Interfaith Community Programs Inc PHFA 40.E High Street 21 I.North Front Street Gettysburg,PA.17325 Harrisburg,.PA 171.10 717-334-1518 71.7-780-3940.....800-342-2397 HC Page 7of7 7196 9006 9297 1087 2375 Nationstar Mortgage,LLC PRESORT PO Box 9095 First-Class Mail Temecula,CA 92589-9095 U.S.Postage and Fees Paid W SO 7196 9006 9297 1087 2382 Send Payments to: Nationstar Mortgage RETURN RECEIPT REQUESTED 350 Highland Drive Lewisville,TX 75067-4177 20131211-160 lili�hll liiili �iiini, nlii�I, iI � IEI II Illlr� rih� l TAMMY J STIMELING 6 RED FOX LN MECHANICSBURG, PA 17050-1627 PA—1\101 i Sent Via Certified Mail 7196 9006 9297 1087 2382 12/11/2013 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 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 the 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 NOTIFICAa6N :EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAM0 POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI]MIR SU HIPOTECA. PA—N01 Page2of7 7196 9006 9297 1087 2382 4, HOMEOWNER'S NAME(S): MARK E STIMELING TAMMY J STIMELING PROPERTY ADDRESS: 6 RED FOX LANE MECHANICSBURG,PA 17050 LOAN ACCT.NO.: _ ORIGINAL LENDER: SUPERIOR HOME MORTGAGE CORPORATION CURRENT LENDER/SERVICER: Nationstar Mortgage,LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR NOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act,you.are entitled to a temporarystay 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 "MOW 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 mpperty 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 PI-IFA and received within thirty(30)day-,of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF I OU HA VE 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 EXPLAL'YED ABOVE,IN THE SECTION CALLED"TEMPORARY STAY OF FORECLOSURE." PA_N01 Page 3 of7 7196 900b 9297 1087 2382 YOU HAVE THE RIGHT TO FILE A HEAIAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER.FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it ap to date.) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 6 RED FOX LANE MECHANICSBURG,PA 17050 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Next Payment Due Date: 10/01/2013 Total Monthly Payments Due: $3,745.85 Late Charges: $455.78 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance;Balance: $48.00 Unapplied Balance: 4($ 7.29) TOTAL AMOUNT PAST DUE: $4,252.34 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 $4,252.34 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: Nationstar Mortgage,LLC 350 Highland Drive Lewisville,TX 75067-4177 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 PA_NOI Page 4of7 7196 9006 9297 1087 2962 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 TII[RTY (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 Rlus 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 some position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approximately 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: Nationstar Mortgage,LLC Address: 350 Highland Drive Lewisville,TX 75067-4177 Phone Number: 1-1188-480-2432 Fax Number: 1472-315-6827 Contact Person: Tobi Adeboyejo E-Mail Address: customer.serviceGa)nationstarmaihcom 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 X may or_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 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 TUE SAME POSITION AS IF NO DEFAULT HAD OCCURRED; IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURIE YOUR DEFAULT MORE THAN THREE(3)TIMES IN ANY CALENDAR YEAR.) PA N01 page 5of7 7196 9006 9297 1087 2382 • • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY'LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act,Title 15,U.S.0 1692(8),you may dispute the validity of this debt,or any portion thereof.,if you do so in writing within thirty(30)days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty(30) days period we will provide you with written verification thereof,otherwise the debt will be assumed to be valid. Sincerely, Tobi Adeboyejo Dedicated Loan Specialist Nationstar Mortgage,LLC 1-877-783-7491 ext. 8941040 350 Highland Drive Lewisville,TX 75067-4177 FEDERAL LAW REQUIRES 'US TO ADVISE YOU THAT NATIONSTAR MORTGAGE, LLC IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED:FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HAS BEEN DISC14ARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY,PLEASE PROVIDE US WITH THE ATTORNEY'S NAME,ADDRESS AND TELEPHONE NUMBER. PA_NOI Page 6 of 7 7196 900b 9297 1087 2382 HEMAP Consumer Credit Counseling.Agencies .. ... CUMBERLAND.County Report last updated:10/16/2013.10:43.AM Advantage Credit.Counseling ServicelCCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514.Derry Street Harrisburg,PA.17102 Harrisburg,PA.17104 888-511-2227 71.7-232-9757 Housing Alliance of YorklY.Housing Resources Maranatha 290.West Market Street 43.Philadelphia Avenue York,PA .17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg.PA.1.7201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 21.I..North.Front Street Gettysburg,.PA.17325 Harrisburg,PA.17110 717-334-1518 71.7-780-3940.....800-342-2397 HC PaV 7d7 7196 9006 9297 1087 2382 Y i VERIFICATION Alex Choi hereby states that he/she is Assistant Secretary of Nationstar Mortgage LLC, servicing agent for Plaintiff,in this matter and is authorized to make this Verification. The statements of fact contained 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 to authorities. Name: Alex Choi DATE: 07/10/2014 Title: Assistant Secretary Company:Nationstar Mortgage LLC S &D FILE NO: 14-044949 Mark E. Stimeling and Tammy J. Stimeling IN THE COURT OF COMMON PLEA dtt� ? CUMBERLAND COUNTY, PENNSYLVANIA �' , �% Plaintiff(s) V S. Defendant(s) Civil 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 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 [ of Counsel for � fJ �,.,,.r •.,F -•,r.v ,V -.amu ij Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: 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: Home: Office: Cell: Other: Email: # of people in household How Long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ If yes,provide names, location of court, case number& attorney Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount Owed: Value: Automobile#2: Model: Year: Amount Owed: Value: Other transportation automobiles,boats, motorcycles Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently pa iY ng) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2'd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating m financial situation for possible mortgage options. I/We understand that I/We am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -FRS.i O-OFFIC Sheriff OF THE PROTHONOTARY of climb Jody S Smith - E `° 2014 JUL 3 .! AM 10: 37 Chief Deputy Richard W Stewart p •: ,s. CUMBERLAND COUNTY � ..T �� Solicitor OFFICE. 4F ME SAZRIFF PENNSYLVANIA The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for vs. Mark E Stimeling (et al.) Case Number 2014-4210 SHERIFF'S RETURN OF SERVICE 07/24/2014 05:51 PM - Deputy Dawn Kell, 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: Mark E Stimeling at 6 Red Fox Lane, Silver Spring, Mechanicsburg, PA 17050. DAWN KELL, DEPUTY 07/24/2014 05:51 PM - Deputy Dawn Kell, 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: Tammy J Stimeling at 6 Red Fox Lane, Silver Spring, Mechanicsburg, PA 17050. La, . 1.41.0 DAWN KELL, DEPUTY 07/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, 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 6 Red Fox Lane, Silver Spring, Mechanicsburg, PA 17050. There were no occupants other than the defendants. SHERIFF COST: $71.30 SO ANSWERS, 7. July 28, 2014 RONR ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff. Inc.