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HomeMy WebLinkAbout14-4244 rr Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: 1 / Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ElTransfer from Another Jurisdiction ElDeclaration of Taking S E Lead Plaintiff s Name: Structured Asset Mortgage Investments II Lead Defendant's Name: Robert J. Prechtl;Nancy A. Inc.,Bear Stearns ARM Trust,Mortgage Pass-Through Certificates, Prechtl C Series 2004-1,U.S.Bank National Association,as Trustee by PHH T Mortgage Corporation as Servicer with delegated authority under the Transaction Documents I Dollar Amount Requested: within arbitration limits O Are money damages requested?: ❑ Yes ® No (Check one) ® outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Christopher A.DeNardo,Esquire ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not ❑ Employment Dispute: include mass tort) Discrimination E ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other F] Zoning Board C ❑ Other: T ❑ Other: I ❑ Other: 0 MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS B ❑ Toxic Waste [:1 Ejectment E] Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. ESQUIRE,T ARDO, Q � IRNEYD4 O. 78447 CAITLIN M DONN LI.D. SQUIRE,ATTORNEY O. 03 ,�JT 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. 13-044355 Structured Asset Mortgage Investments 11 COURT OF COMMON PLEAS Inc., Bear Stearns ARM Trust, Mortgage CIVIL DIVISION Pass-Through Certificates, Series 2004-1, CUMBERLAND COUNTY U.S. Bank National Association, as Trustee by PHH Mortgage Corporation as Servicer NO: )q- q with delegated authority under the Transaction Documents PLAINTIFF VS. Robert J. Prechtl 7 Natures Crossing a/k/a Lot 9 Natures Crossing Enola, PA 17025 Nancy A. Prechtl 7 Natures Crossing a/k/a Lot 9 Natures Crossing Enola, PA 17025 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 O PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL _1 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. C(Lr l 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. NOTICIA LE HAN 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. LISTED 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 DIRECCION 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 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. 13-044355 Structured Asset Mortgage Investments II COURT OF COMMON PLEAS Inc., Bear Stearns ARM Trust, Mortgage CIVIL DIVISION Pass-Through Certificates, Series 2004-1, CUMBERLAND COUNTY U.S. Bank National Association, as Trustee by PHH Mortgage Corporation as Servicer NO: with delegated authority under the Transaction Documents PLAINTIFF VS. Robert J. Prechtl 7 Natures Crossing a/k/a Lot 9 Natures Crossing Enola, PA 17025 Nancy A. Prechtl 7 Natures Crossing a/k/a Lot 9 Natures Crossing Enola, PA 17025 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Structured Asset Mortgage Investments II Inc., Bear Stearns ARM Trust, Mortgage Pass-Through Certificates, Series 2004-1, U.S. Bank National Association, as Trustee by PHH Mortgage Corporation as Servicer with delegated authority under the Transaction Documents,the address of which is, c/o PHH Mortgage Corporation, 2001 Bishops Gate Blvd., Attn: Mail Stop SV-01, Mount Laurel,New Jersey 08054, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Merrill Lynch Credit Corporation and/or assigns Mortgagor(s): Robert J. Prechtl and Nancy A. Prechtl (b) Date of Mortgage: September 6, 2002 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1771, Page 3659 Date: September 10, 2002 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: Bank of America,National Association, a National Banking Association, as successor in interest by merger to Merrill Lynch Credit Corporation Assignee: Structured Asset Mortgage Investments II Inc., Bear Stearns ARM Trust, Mortgage Pass-Through Certificates, Series 2004-1, U.S. Bank National Association, as Trustee by PHH Mortgage Corporation as Servicer with delegated authority under the Transaction Documents Date of Assignment: January 15, 2014 Recording Date: April 9, 2014 Instrument No.: 201407196 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 7 Natures Crossing a/k/a Lot 9 Natures Crossing, Enola, PA 17025 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: Robert J. Prechtl, 7 Natures Crossing a/k/a Lot 9 Natures Crossing, Enola, PA 17025 and Nancy A. Prechtl, 7 Natures Crossing a/k/a Lot 9 Natures Crossing, Enola, PA 17025. 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 January 4, 2012 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 April 30, 2014: Principal Balance Due $496,026.80 Interest Currently Due and Owing at a variable rate $30,497.46 From December 4, 2011 through April 30, 2014 Escrow Advances $13,782.36 NSF Check Fee $100.00 Property Inspection $69.50 TOTAL $540,476.12 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 seq.,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: Attorneys for Plaintiff S & D File No. 13-044355 CMUSTOPM--t A.n.vnr—DO,rsQui E EDS F141,0 tf3 ft Or DE - Acct.N � 1-0 f i 02 S [Space Above This Line For Recording Data] OPEN END MORTGAGE ORIGINAL THIS MORTGAGE SECURES FUTURE ADVANCES. THIS MORTGAGE ("Security Instrument") is given on September 6, 2002. The mortgagor is Robert J. Prechtl and Nancy A. Prechtl, Married ("Borrower"). This Security Instrument is given to Merrill Lynch Credit Corporation and/or assigns,which is organized and existing under the laws of Delaware,and whose address is 4802 Deer Lake Drive East, Jacksonville, Florida 32246-6484 ("Lender"). Borrower owes Lender the principal sum of Five Hundred Forty Five Thousand Six Hundred and 00/100-------Dollars(U.S.$545,600.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly payments, with the full debt, if not paid earlier, due and payable on October 1, 2033. This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c)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 Lender the following described property located in Cumberland County, Pennsylvania: See Attached Legal Description, Exhibit "A" which has the address of Lot 9 Natures Crossing , Enola, Pennsylvania 17025 ("Property Address"); TOGETHCR 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 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, PENNSYLVANIA Construction Mortgage (page I of 10 pages) (09107101)CNLPAMTG(Y) 81K 177 1 PG3659 l , r 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 and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full, a sum ("Funds") for: (a)yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)yearly leasehold payments or ground rents on the Property, if any; (c)yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums,if any;and(f)any sums payable by Borrower to Lender,in accordance with the provisions ofparagraph 8,in lieu of the payment of mortgage insurance premiums. These items are called"Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. §2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable Iaw. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity(including Lender, if Lender is such an institution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may 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,showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,and,in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due;fourth, to principal due; and last, to any late charges due under the Note. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. (page 2 of 10 pages) BK 1771 PG3660 , r Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, Iegal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; 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 may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property 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 floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen'by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. 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. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. (page 3 of 10 pages) B 1771PG366I f Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do SO. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in Iieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. (page 4 of 10 pages) B 1 l71 P63662 F If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or 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 proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in Writing,any-application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. 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 any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to ma ke 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 under the Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be givenby delivering itorby mailing it by first class mail unless applicable Iaw requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. (page S of 10 pages) 8K 1 i7 1 PG3663 I 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 delivered or mailed 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)pays Lender all 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; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security.Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may 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 in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal,storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly giveLender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, 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. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or,toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. 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 paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a)the default; (b)the action required to cure the default; (e)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. (page 6 of 10 pages) OKI 77 1 PG3664 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 paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. 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 without charge to Borrower. Borrower shall pay any recordation costs, 23. 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. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security instrument shall be a purchase money mortgage. 26. 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. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument, [Check applicable box(es)] [ ] Adjustable Rate Rider [ ] Condominium Rider [ ]Balloon Rider [ ] Planned Unit Development Rider [ ] 1-4 Family Rider [ ] PF 1 Month Adjustable Rate Rider [ ] Second Home Rider [X] Fixed/Adjustable Rate Rider [X] Construction/Permanent Loan Rider [ ] Other(s) [specify] (page 7 of IO pages) BK1771PG3665 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: 5g�L4_4m'll (Seal) 4erthtl - er ro G (Seal) ) N cyprechtl -Bo i w (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) (page 8 of l o pages) BK 1 771 PG3666 (Space Below This Line For Acknowledgment) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF 24019f ; Q On the l� t'i1 day of �yt dltl, , before me, a Notary Public in and for the Commonwealth of Pennsylvania,personally came o ,?A 4- /oah N ,known to me(or satisfactorily proven)to be the individual described in and who executed the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESSVic.,'` ,�•- ,,, WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL *bary bli JOHN R.BEINHAl1R Notary Public 1 it" ,, My Commission Expires: Lower Paxton Twp.,Dauphin County V; {; P My Commission Expires March 13,2003 ; COMMONWEALTH OF PENNSYLVANIA: r. ''.• ,�;/ a&-_ , COUNTY OFI? ,-•, r'? ' On the b day of��, before me, a Notary Public in and for the Commonweal*'of Pennsylvania,personally cameEt yt�� AaCA 6 V 1 ,known to me(or satisfactorily proven)to lie the, individual described in and who executed the foregoing instrument, and acknowledged that he/she executed-tlo.same for the purposes therein contained. Y IN WITNESS W HEREO , I hereunto set my hand and official seal• NOTARIAL SEAL ;� ,;'.'ti�i t:%`r'•,' N ary Public JOHN R.BEINHAUR,Notary Public My Commission Expires Lower Paxton Twp.,Dauphin County INK' my Commission Expires March 13,2003 COMMONWEALTH OF PENNSYLVANIA: f''�� I ''�` •',` ' " COUNTY OF On the day of ,before me, a Notary Public in and for the Commo*ealthzof Pennsylvania,personally came ,known to me(or satisfactorily proven)to be the individual described in and who executed the foregoing instrument,and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: (page 9 of I o pages) BK 1771 PG366.7 1 r r MORTGAGE Title No. The address of the mortgagee is: Merrill Lynch Credit Corporation 4802 Deer Lake Drive East Jacksonville, FL.32246-6484 On beh of the Morta ee g Recorded at the request of the mortgagee RETURN BY MAIL TO: Merrill Lynch Credit Corporation at the address indicated above Attention: Loan Sale Delivery Department RESERVE THIS SPACE FOR USE FOR RECORDING OFFICE 81( 1 77 IPG3668 o t l EXHIBIT "A" LEGAL DESCRIPTION Robert J. Prechtl and Nancy A. Prechtl Lot 9, Nature Crossing Enola, Pennsylvania 17025 Tax Parcel No. 38-05-0437-048 BEING ALL. THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania,bounded and described according to the Final Subdivision Plan for Robert E.and Nancy C. Diehl, Nancy Lane South prepared by Gerrit J. Betz Associates, Inc., Engineers Et Surveyors,dated January 13, 1989, revised February 16, 1989 and February 27,1989 and recorded in Cumberland County Plan Book 58,Page 73-A, as follows: BEGINNING at an iron pin set at the northwestern corner of Lot No.10 as shown on the above mentioned Plan of Lots;thence along said Lot No. 10,South 08 degrees 15 minutes 14 seconds East 395.87 feet to an iron pin set; thence along lands now or formerly of Ray E. and Nancy L. Rudy, South 89 degrees 18 minutes 42. seconds West 346.64 feet to an iron pin set; thence along lands now or formerly of Paul and Eugenia Monks, North 06 degrees 16 minutes 14 seconds West 362.15 feet to an iron pin set;thence along the 60 foot wide right of way of Nancy Lane,North 83 degrees 44 minutes 46 seconds East 345.00 feet to an iron pin set,the Point and Place of BEGINNING. BEING Lot No. 9 on the Final Subdivision Plan for Robert E.and Nancy C. Diehl. Nancy Lane South and containing approximately 3.00 acres. BIR 177 I. PG3669 FIXED/ADJUSTABLE RATE RIDER LIBOR 6 Month Index(As Published in The Wall Street Journal) THIS FIXED/ADJUSTABLE RATE RIDER is made this 6th day of September, 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage,Deed of Trust or Security Deed(the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to Merrill Lynch Credit Corporation, a Delaware corporation, whose street address is 4802 Deer Lake Drive East, Jacksonville, Florida 32246-6484, (the "Lender") of the same date and covering the property described in the Security Instrument and located at: Lot 9 Natures Crossing Enola, Pennsylvania 17025. THE NOTE PROVIDES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. TIM NOTE L1MIITS THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A.ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES Beginning with the Commencement Date (as that term is defined in the Note), the Note provides that Borrower will pay interest at an initial fixed rate equal to the margin described in the Note plus the current Fixed Rate Index figure. The Fixed Rate Index is the Federal National Mortgage Association's required net yield for 30year fixed rate mortgages subject to a 30-day mandatory delivery commitment, as published in The Wall Street Journal"Money Rates" table. The Note also provides for a change in the initial fixed interest rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate 1 will,pay will change to an adjustable interest rate on October 1, 2008, and the adjustable interest rate I will pay may change on that day every 6th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B)The Index Beginning with the first Change Date,my adjustable interest rate will be based on an Index. The "Index"is the average of interbank offered rates for 6 month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available,the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. CTP LIBOR ARM Rider ST (09-24-99)LARCNLNR(T) (page 1 of 4 pages) 6437339 BIN 177 1 PG 3 6 7 © (C) Calculation of Changes Before each Change Date the Note Holder will calculate my new interest rate by adding two percentage points (2.00%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the next Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits of Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than my initial fixed interest rate plus six percent (06.0000%)and will not be less than my initial fixed interest rate minus six percent (06.0000%). My interest rate will never be greater than my initial fixed interest rate plus six percentage points(6%)or 13%,whichever is greater. (L)Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of the change in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by Iaw to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER L UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE,UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the I?roperty or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. (page 2 of 4 pages) BIR 1771PG3671 �i 2. WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTERESTRATEUNDER THETERMSSTATED IN SECTIONA ABOVE,UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION B1 ABOVE SHALL THEN CEASE TO'BE IN EFFECT,AND THE PROVISIONS OF UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE AMENDED TO READ AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of the Security Instrument. Lender also shall not exercise the option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee and (b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in the Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in the Security Instrument. Borrower will continue to be obligated under the Note and the Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. (THIS SPACE INTENTIONALLY LEFT BLANK] (page 3 of 4 pages) OR 1771 PG 3,672 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider. zzz lal(Seal) ✓ " (Seat) Ro ert J. rechtl Nancy A. clitl Borrower Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) (page 4 of 4 pages) B�( II7IIFT3673 . ( f 1 CONSTRUCTION/PERMANENT LOAN.RIDER THIS CONSTRUCTION/PERMANENT LOAN RIDER,dated September 6,2002,is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument")of the same date given by the undersigned(the"Borrower")to secure Borrower's Note(the "Note")to Merrill Lynch Credit Corporation (the "Lender")of the same date. ADDITIONAL COVENANTS: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: 1. The Security Instrument secures advances made,and future advances to be made,pursuant to the terms of a Construction Loan Agreement between Borrower and Lender of the same date. A default under the terms of the Construction Loan Agreement shall also constitute a default under the terms of the Security Instrument. This Rider and the Construction Loan Agreement shall be deemed to be of no further force and effect on the earlier of the following dates: (i) the date of satisfactory completion of construction of the improvements in accordance with the terms of the Construction Loan Agreement, or (ii) September 30, 2003 (the "Scheduled Termination Date"), unless prior thereto either (a) a Notice of Trustee's Sale is recorded (b) Lender files a lis pendens or an equivalent document as required to provide notice that Lender intends to judicially foreclose the lien of its Security Instrument or(c)Lender extends the maturity date of the Note by filing one or more notices in the official public records where the Security Instrument is recorded stating that this Rider remains in effect and stating a new Scheduled Termination Date after which this Rider shall no longer be deemed of any force and effect. It is understood and agreed that Lender may unilaterally extend the Scheduled Termination Date on one or more occasions without the joinder or consent of Borrower. 2. Lender shall not require Borrower to maintain an escrow account for the payment of yearly hazard or property insurance premiums as required by the Security Instrument until the earlier of the two dates specified in paragraph 1. 3. During the period of construction as set forth in the Construction Loan Agreement, the interest rate may change on the first day of each month and shall be equal to the sum of 00.00000%plus the highest prime rate published in The Wall Street Journal "Money Rates" table as of the last business day of the preceding month(the "Prime Rate"). During this period and until the earlier of the two dates specified in paragraph 1,the interest rate will never be greater than 18%. Thereafter, the maximum interest rate will be as set forth in paragraph 4(D)of the Adjustable Rate Rider or Fixed/Adjustable Rate Rider, as the case may be, attached to the Security Instrument. 4. Provided that no default exists under the terms of the Loan documents and that Borrower has first obtained Lender's prior written consent, which consent may be withheld by Lender in its absolute discretion, the date set for completion of construction may be extended on a one-time only basis for an additional period of up to six months. CTP Loan Rider-ARiI1 PA (page I of 2 pages) (06/19/00)CTPARRPA(S) 6437339 B 1771 PG367 ,.�,�, I I 1 N Y+ I L All the terms and conditions of the Note shall continue to apply during any such extension approved by Lender, except that all future interest rate changes which may occur through and including the extended Commencement Date shall be calculated by adding 00.00000% plus 0.25% to the Prime Rate. Borrower agrees to execute any additional documentation which Lender may request to confirm the extension. 5. The receipt by Lender of written notice from the Borrower, any guarantor, or any third party purporting to terminate, limit, or restrict future advances contrary to the terms of the Construction Loan Agreement shall constitute an additional event of default under the Security Instrument. BY SIGNING BELOW, Borrower(s) accepts and agrees to the terms and covenants contained in this Rider. (Seal) (Seal) Robert J. Prechtl Borrower Borrower -aA— (Seal) (Seal) Nancy(A. rechtl Borrower Borrower (Seal) (Seal) I Certify this to be recorded. In Cumberland County P.A (page 2 of 2 pages) Recorder of Deeds 0K 177 1 PG3675 Y T N • , J BEINHAUR &CURCILLO 3964 LEXINGTON ST. HARRISBURG, PA 17.109 (717) 651-9100 i 0RIGNAL FIXED/ADJUSTABLE RATE NOTE x L LIBOR 6 Month Index (As Published in The Wall Street Journal) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE MAXIMUM RATE I MUST PAY. September 6,2002 Harrisburg Pennsylvania (City) (State) Lot 9 Natures Crossing Enola,Pennsylvania 17025 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $545,600.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Merrill Lynch Credit Corporation, a Delaware corporation with offices at 4802 Deer Lake Drive East,Jacksonville,Florida 32246-6484. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST (A) Adjustable Construction Interest Rate Interest will be charged on unpaid principal until the full amount of principal has been paid. Until October 1,2003,which is the date my permanent loan interest rate commences(the"Commencement Date"),I will pay interest on the principal balance outstanding from time to time at the adjustable interest rate set forth in paragraph 1 of the Addendum to Note Construction/Permanent Loans attached to this Note. (B) Calculation of the Initial Fixed Interest Rate The Note Holder will calculate my initial fixed interest rate by adding five eighths percentage points (0.625%)to the Fixed Rate Index.The Fixed Rate Index is the Federal National Mortgage Association's required net yield for 30-year fixed rate mortgages subject to a 30-day mandatory delivery commitment,as published in The Wall Street Journal "Money Rates" table. If the Fixed Rate Index is no longer available,the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this change. The interest rate I will pay may change in accordance with Section 4 of this Note. The current Fixed Rate Index is the most recent Fixed Rate Index figure available as of 2:00 p.m.Eastern time on the date that construction is actually completed(Actual Completion Date),as determined in accordance with the terms of the Construction Loan Agreement of even date. The Note Holder will round the result of this addition to the nearest one-eighth of one percentage point(0.125%). This rounded amount will be my interest rate unless(i)I have established a different initial fixed interest rate under a lock agreement which has not expired;or(ii)as of the date the current Fixed Rate Index figure is identified,the initial fixed interest rate then being charged by Merrill Lynch Credit Corporation on comparable 360 months fixed/adjustable rate mortgage loans is less,in which event my interest rate will be equal to the lower Merrill Lynch Credit Corporation rate. In any event, my initial fixed interest rate will not exceed 18%. _. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B)of this Note. FIXED/ADJUSTABLE RATE NOTE-LIBOR INDEX-SINGLE FAMILY-ARM NOTE CONSTRUCTION (page 1 of 5 pages) ARM NOTE CONSTRUCTION(Interest Only) (05/16/00)LARCSTIO(T) 6437339 t 3. PAYMENTS (A) Time and Place of Payments Beginning on the first day of November,2003 and on the first day of every month thereafter until the first day of October,2008,I will pay only the interest on the unpaid principal balance of the Note. Thereafter, I will I pay principal and interest by making payments every month as provided below. I will make my monthly principal and interest payments on the first day of each month beginning on November,2008. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If,on October 1,2033,I still owe amounts under this Dote,I will pay those amounts in full on that date,which is called the"maturity date." I will make my monthly payments at 4802 Deer Lake Drive East, acksonville,Florida 32246-6484 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments change. I will be notified by Note Holder of the amount of each of my monthly payments. This amount may (C) Withholding If I am a non-resident alien,I understand that all payments due hereunder shall be paid without reduction for any taxes,deductions or withholding ofany nature.Ifsuchtax,deductiono�withholding is required by any lawtobe made from any payment to the Note Holder,I shall continue to pay this Note to accordance with the terms heieof, such that the Note Holder will receive such amount as it would have i�ceived had no such tax, deduction or withholding been required. 4. ADJUSTABLE INTEREST RATE AND MONTHLy PAYMENT RANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable h iterest rate on October 1,2008,and the adjustable interest rate I will pay may change on that day every 6th month Uiereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate,and each date on I vhich my adjustable interest rate could change,is called a"Change Date." (B) The Index Beginning with the first Change Date,my adjustable interest rate will be based on a different Index. This "Index" is the average of interbank offered rates for 6 month U.S. dollar-denominated deposits in the London market("LIBOR"),as published in The Wall Street Journal The most recen�Index fi days before each Change Date is called the"Current Index." gore available as of the date 45 If the Index is no longer available,the Note Holder will choose a a w index that is based upon comparable' information.The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding two percentage. point(s)(2.00%)to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D) below, this rounded' amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full oil the Maturity Date at my new interest, rate in substantially equal payments. The result of this calculation,will be the new amount of my monthly payment;. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date wi}I not be greater than my initial fixed, interest rate plus six percent(06.0000%)and will not be less than my initial fixed interest rate minus six percent 06.0000%). My interest rate will never be greater than my initial fixed interes rate plus six percentage points(6%)or 13%,whichever is greater. A (page 2 of S pages) (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of:(i)my initial fixed interest rate;(ii)the change in my initial fixed interest rate to an adjustable interest rate;and(iii)any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my payment,any information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a"prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note and to pay the interest then accruing at the Note rate as of the date my prepayments are applied. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. Any partial prepayment made on or before the first Change Date may reduce the amount of my monthly payments. Any partial prepayment made after the first Change Date may reduce the amount of my monthly payments when the amount of such payments are determined atthenextChangeDate.However,any such reduction in my monthly payments may be offset by an interest rate increase. 6. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then:(i)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and(ii)any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal,the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due,I will pay a late charge to the Note Holder. The amount of the charge will be.6.00% of the overdue payment. of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B)Default If 1 do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C) Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (page 3 of 5 pages) (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 be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice th it 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. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different(address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully anpersonally 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 Noie, 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 Jerson individually or against all of us together. This means that any one of us may be required to pay all of the mounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor"means the right to require the Note Holder to give notice to other ersons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in s me jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage, Deed o Trust or Security Deed(the"Security. Instrument"),dated the same date as this Note,and a Mortgage 100sM Pledge Agreement for Securities Account,if applicable,protects the Note Holder from possible losses that might result)if I do not keep the promises which I: make in.this-Note. That Security Instrument describes how and under who}conditions I may be'required to make immediate payment in full of all amounts I owe under this Note. Some.of those conditions are described as follows: (A) UNTIL My INITIAL FDfED INTEREST RATE CHANGES TO AN ADJUSTABLE INTERESTRATEUNDER THETERMSSTATEDINSECTION4AB IVE,UNIFORMCOVENANT17OF• THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of.the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's�prior written consent,Lender may,at, its option,require immediate payment in full of all sums secured l2y the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibit A by federal law as of the date of the Security Instrument. ` If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice' shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Bbrrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. (page 4 of 5 pages) ' (B) WHEN MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION 11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT,AND UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of the Security Instrument. Lender also shall not exercise this option if:(a)Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in the Security Instrument is acceptable to Lender. To the extent permitted by applicable law,Lender may charge a-reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in the Security Instrument. Borrower will continue to be obligated under the Note and the Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. CAUTION - IT IS IMPORTANT-THAT YOU THOROUGHLY READ THIS NOTE BEFORE YOU SIGN IT. WITNESS THE HAND(S)AND SEAL(S)zat= . (Seal) Ro ert J. rechtl lotrowe,,0 (Seal) Nan y kAechil Borrower (Seal) Borrower (Seal) Borrower (Seal) (Seal) Florida Property Only:THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS INDEBTEDNESS. (page 5 of 5 pages) i ADDENDUM TO NOTE- CONSTRUCTION/PERMANENT LOANS TIRS ADDENDUM TO NOTE is made this 6th day of September,2002,and is incorporated into and shall be deemed to amend and supplement the Note made by the undersigned(the"Borrower")to MERRILL LYNCH CREDIT CORPORATION(the "Lender"),and dated the same date as this Addendum(the"Note"). In addition to the covenants and agreements made in the Note,Borrower and Lender further covenant and agree as follows: 1. Construction Interest Rate. The proceeds of the loan evidenced by the Note are to be disbursed according to the terms of the Construction Loan Agreement of same date between Borrower and Lender. Notwithstanding the terms of the Note, until the Commencement Date(as defined in the Note)the annual interest rate on the outstanding principal balance outstanding at any time under the Note shall be equal to the sum of 00.00000% plus the Prime Rate. The "Prime Rate" is the highest prime rate published in The Wall Street Journal "Money Rates"table. The Prime Rate for any date on which The Wall Street Journal is not published shall be the Prime Rate in effect on the most recent date on which The Wall Street Journal was published. As of the date of this Addendum to Note,interest shall be paid at the rate of 4.75000%per annum. The interest rate may change on the first day of each month based on any change in the Prime Rate as of the last day of the preceding month, Until the Commencement Date,the interest rate will never be greater than 18%per annum. After the Commencement Date,the maximum interest rate will be as set forth in Section 2(B)and in Section 4(D)of the Note. 2. Payments During Construction Term. Commencing on the first day of the month following the date hereof and continuing on the same day of each succeeding month thereafter, through and including the Commencement Date,Borrower shall make regular scheduled payments of interest only on the amounts disbursed and outstanding. 3. Loan Modification. If the improvements described in the Construction Loan Agreement are completed before or after the Commencement Date,Lender may,at its option,move the Commencement Date to a date which is earlier or later than the date defined as such in the Note. In such event,Borrower agrees to enter into a loan modification agreement to effectuate the change in dates,payments or other matters,as applicable. Notwithstanding the foregoing,Lender may unilaterally move the Commencement Date,and Borrower agrees to be bound by the new Commencement Date in making payments. Provided that no default exists under the terms of the Loan documents and that Borrower has first obtained Lender's prior written consent,which consent may be withheld by Lender in its absolute discretion,the date set for completion of construction maybe extended on a one-time only basis for an additional period of up to six months. All the terms and conditions of this Addendum shall continue to apply during any such extension approved by Lender,except that all future interest rate changes which may occur through and including the extended Commencement Date shall be calculated by adding 00.00000%plus 0.25%to the Prime Rate. Borrower agrees to execute any additional documentation which Lender may request to confirm the extension. 4. Cross Default. A default under the terms of the Construction Loan Agreement shall also constitute a default under the terms of the Note. BY SIGNING BELOW,Borrower accepts and agrees to n�z� tained in this Addendum to Note. (Seal) Rober'tJ.PLec&I BTower "+,/(a (Seal) Nancy A.P echtl Borrower (Seal) Borrower (Seal) Borrower Addendum to Note Cotwuetion/Permaneot Loans-511,7/1.1011 (03/09199)CNLAFADD PHH Mortgage Corporation PO Box 9117 C PRESORT CA 92589-9117 First-Class MailU.S.Postage and Fees Paid W SO 7196 9006 9296 8374 8882 Send Payments to: PHH Mortgage Corporation 2001 Bishops Gate Blvd Mail Stop SV19 Mt Laurel, NJ 08054 20130718-206 �IIIIIII�I�IIIII'IIIII��III'I���'�'I"II'll��ll�llll�lll'I'�"�II ROBERT J PRECHTL 7 NATURES XING Send Correspondence to: ENOLA, PA 17025-1043 PHH Mortgage Corporation P.O.Box 5452 Mt Laurel, NJ 08054 rt�G t XC125{CM} 4 of 23 S July 16, 2013 Sent Via Certified Mail 7196 9006 9296 8374 8882 ACT 91 NOTICE TAKE ACTION TO SAYE 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(800) 342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICA06N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. xC125(CM) Page Iof7 7196 9006 9296 8374 8882 6 of 23 HOMEOWNER'S NAME(S): ROBERT J PRECHTL PROPERTY ADDRESS: 7 NATURES CROSSING ENOLA, PA 17025 LOAN ACCT.NO.: ORIGINAL LENDER: PHH Mortgage Coporation CURRENT LENDER/SERVICER: PHH Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act,you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (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 "HOMY TO CURE YOUR MORTGAGE DEFA ULT"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. xc12s{cM} Paget of 7196 9006 9296 8374 8882 7 of 23 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 APPLICATIONAS 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 TEMPORARIL Y PREVENTED FROM STARTINGA FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE,IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS ANATTEMPT 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 field by the above lender on your property located at: 7 NATURES CROSSING ENOLA, PA 17025 IS SERIOUSLYINDEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: xc125{cM} Page 3of7 7196 9006 9296 8374 8882 8 of 23 Next Payment Due Date: 01/04/2012 Total Monthly Payments Due: $47,531.26 (19 @$2,437.26) Late Charges: $0.00 Other Charges: Other Fees: $0.00 Uncollected NSF Fees: $100.00 Unapplied Balance: ($21,009.8n TOTAL YOU MUST PAY TO CURE DEFAULT: $47,631.26 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAI'ING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $47,631.26 PL US ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME D UE 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: PHH Mortgage Corporation 2001 Bishops Gate Blvd Mail Stop S V 19 Mt Laurel, NJ 08054 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys'fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY(30) DAYperiod 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 paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. xc]25{cM} Page4 of7 7196 9006 9296 8374 8882 9 of 23 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: PHH Mortgage Corporation Address: 2001 Bishops Gate Blvd Mt Laurel, NJ 08054 Phone Number: (800) 330-0423 Fax Number. (856) 917-8300 Contact Person: Rick Anderson E-Mail Address: CustomerService@mortgagesvcs.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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAYALSO HAVE THE RIGHT. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. xc125(CN4) Page5 of7 7196 9006 9296 8374 8882 10 of 23 • 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, PHH Mortgage Services 2001 Bishops Gate Blvd Mt. Laurel,NJ 08054 xc]2s(c,M) Page 6of7 7196 9006 9296 8374 8882 11 of 23 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:06/04/2013 10:57 AM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 HC Page 7of7 7196 9006 9296 8374 8882 12 of 23 PHH Mortgage Corporation PO Box 9117 PRESORT Temecula,CA 92589-9117 First-Class Mail U.S.Postage and Fees Paid WSO 7196 9006 9296 8374 8899 Send Payments to: PHH Mortgage Corporation 2001 Bishops Gate Blvd Mail Stop SV19 Mt Laurel, NJ 08054 20130718-206 IIIIIIInIIInIIIII�IIIInIIIi�II�IInllllilllllilll�l���lilr�l� NANCY A PRECHTL 7 NATURES XING Send Correspondence to: ENOLA, PA 17025-1043 PHH Mortgage Corporation P.O.Box 5452 Mt Laurel, NJ 08054 XC125(CM) 14 of 23 July 16, 2013 Sent Via Certified Mail 7196 9006 9296 8374 8899 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) maybe able to help save your home. This Notice explains how the program works. To see ifHEMAP 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(800) 342-2397. (Persons with impaired hearing can call(717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. t xC125{CM} Pagelof7 7196 9006 9296 8374 8899 16 of 23 HOMEOWNER'S NAME(S): NANCY A PRECHTL PROPERTY ADDRESS: 7 NATURES CROSSING ENOLA, PA 17025 LOAN ACCT.NO.: ORIGINAL LENDER: PHH Mortgage Coporation CURRENT LENDER/SERVICER: PHH Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU3IAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFA ULT"EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSU3IER 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. xc12s{cM} Page 2of7 7196 9006 9296 8374 8899 17 of 23 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 fling a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (3 0) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YO U 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 TEMP ORARIL Y PRE VENTED FROM STARTING A FORECLOSURE AGAINST POUR PROPERTY,AS EXPLAINED ABOVE,IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE:IF YO ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKR UPTCY, THE PART OF THIS NOTICE IS FOR INFORMATION P URPOSES ONL Y AND SHOULD NOT BE CONSIDERED AS ANATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MOR TGA GEDEFAULT(Bring it up to date). NATURE OF THE DEFAULT - The 3ORTGAGE debt held by the above lender on your property located at: 7 NATURES CROSSING ENOLA, PA 17025 IS SERIOUSLYINDEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: XC125{CM} Page 3of7 7196 9006 9296 8374 8899 18 of 23 Next Payment Due Date: 01/04/2012 Total Monthly Payments Due: $47,531.26 (19 @$2,437.26) Late Charges: $0.00 Other Charges: Other Fees: $0.00 Uncollected NSF Fees: $100.00 Unapplied Balance: ($21,009.85) TOTAL YOU MUST PAY TO CURE DEFAULT: $47,631.26 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 $47,631.26 PL US ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME D UE 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: PHH Mortgage Corporation 2001 Bishops Gate Blvd Mail Stop SV19 Mt Laurel, NJ 08054 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys'fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. xc]25{ccs} Page4 of7 7196 9006 9296 8374 8899 19 of 23 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: PHH Mortgage Corporation Address: 2001 Bishops Gate Blvd Mt Laurel, NJ 08054 Phone Number: (800) 330-0423 Fax Number: (856) 917-8300 Contact Person: Rick Anderson E-Mail Address: CustomerService@mortgagesvcs.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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAYALSO HAVE THE RIGHT. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ,. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. xc]25{cn4} Page 5of7 7196 9006 9296 8374 8899 20 of 23 • 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, PHH Mortgage Services 2001 Bishops Gate Blvd Mt. Laurel,NJ 08054 xc]25{cam} Page 6of7 7196 9006 9296 8374 8899 21 of 23 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:06104/2013 10:57 AM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 ft HC Page 7of7 7196 9006 9296 8374 8899 22 of 23 VERIFICATION William Bellows hereby states that he/she is Assistant Vice President of PHH Mortgage Corporation, 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: William Bellows DATE: /' '�a�� Title: Assistant Vice President Company: PHH Mortgage Corporation S & D FILE NO: 13-044355 Robert J. Prechtl and Nancy A.Prechtl FORM 1 : IN THE COURT OF COMMON PLEAS OF Structured Asset Mortgage Investments II Inc.,Bear ; CUMBERLAND COUNTY, Stearns ARM Trust,Mortgage Pass-Through PENNSYLVANIA Certificates, Series 2004-1,U.S.Bank National Association,as Trustee by PHH Mortgage Corporation as Servicer with delegated authority under the Transaction Documents c' Plaintiff(s) 5, v ., Robert J. Prechtl 7 Natures Crossing a/k/a Lot 9 Natures77, Crossing Enola, PA 17025 = ;` 1 Nancy A. Prechtl 7 Natures Crossing a/k/a Lot 9 Natures Crossing Enola, PA 17025 DEFENDANTS Defendant(s) Civil 0 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: SHAPIRO&DeNARDO,LLC Date Attorneys for Plaintiff CHRISTOPHER A.DeNARDO,ESQUIRB FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: 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: Entail: # 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 0 No ❑ 1 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: Monthl�Expenses:(Please only include expenses you are currently pang) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2' 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. S ending 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 in 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) FORM 3 : IN THE COURT OF COMMON PLEAS OF Structured Asset Mortgage Investments 11 Inc.,Bear CUMBERLAND COUNTY, PENNSYLVANIA Stearns ARM Trust,Mortgage Pass-Through Certificates, Series 2004-1,U.S.Bank National Association,as Trustee by PHH Mortgage Corporation as Servicer with delegated authority under the Transaction Documents Plaintiff(s) VS. Robert J. Prechtl 7 Natures Crossing a/k/a Lot 9 Natures Crossing Enola, PA 17025 Nancy A. Prechtl 7 Natures Crossing a/k/a Lot 9 Natures Crossing Enola, PA 17025 DEFENDANTS Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference,the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court,the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. a 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. 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 [Signature of Counsel for Plaintiff] 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: CUSTOMERJPRIMARY 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 paying) 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 Da /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 0 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) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY E LO..OFE4CE Jf'- THE PROTHONO A 2011i JUL 31 Al 1E: 38 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF THE SHERIFF Structured Asset Mortgage Investments 11 Inc vs. Robert J Prechtl (et al.) Case Number 2014-4244 SHERIFF'S RETURN OF SERVICE 07/25/2014 06:57 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 handing a true copy to a person representing themselves to be Nancy Prechtl, Mother, who accepted as "Adult Person in Charge" for Chelsea Prechtl, Occupant at 7 Natures Crossing a/k/a Lot 9 Natures Crossing, Silver Spring, Enola, PA 17025. _ DAWN KELL, DEPUTY i1LasL, 07/25/2014 06:57 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 handing a true copy to a person representing themselves to be Nancy Prechtl, Wife, who accepted as "Adult Person in Charge" for Robert J Prechtl at 7 Natures Crossing a/k/a Lot 9 Natures Crossing, Silver Spring, Enola, PA 17025. Qcuzy, Velk_ DAWN KELL, DEPUTY 07/25/2014 06:57 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: Nancy A Precht at 7 Natures Crossing a/k/a Lot 9 Natures Crossing, Silver Spring, Enola, PA 17025. DAWN KELL, DEPUTY SHERIFF COST: $76.95 SO ANSWERS, July 28, 2014 (c! CountvSuile Sheriff: Teleoso't. Inc. RONNY R ANDERSON, SHERIFF Structured Asset Mortgage Investments II Inc., Bear Steams ARM Trust, Mortgage Pass -Through Certificates, Series 2004-1, U.S. Bank National Association, as Trustee by PHH Mortgage Corporation as Servicer with delegated authority under the Transaction Documents PLAINTIFF VS. Robert J. Prechtl 7 Natures Crossing a/k/a Lot 9 Natures. Crossing Enola, PA 17025 Nancy A. Prechtl 7 Natures Crossing a/k/a Lot 9 Natures Crossing Enola, PA 17025 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11/- yayy RESPONSE TO MORTGAGE FORECLOSURE 1, (a) ADMITTED (b) .ADMITTED. (c) ADMITTED (d) ADMITTED 2 ADMITTED ADMITTED 4. ADMITTED 5. ADMITTED 6. ADMITTED 7. DENIED (UNKNOWN) 8. DENIED (UNKNOWN) 1 9. DENIED (UNKNOWN) 10. DENIED (UNKNOWN) 11. DENIED (UNKNOWN) 12. DENIED (UNKNOWN) Date: 1- 9- /A/ 2 BY: Robert J Prechtl Defendant