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HomeMy WebLinkAbout14-4667 Supreme Cotiffbf-Penns lvania Count,>bf9Common'Pleas For Prothonotaty Use Only: Cavff,co,;ry ieet 1,._ ,s,I Docket No: Curaitierland-` " -,. ��� County The information collected on this form is used solely.for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by low or rules of court. Commencement of Action: S 0 Complaint El Writ of Summons E3 Petition Q Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Goldman Sachs Mortgage Company Patricia Cassel Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? El Yes 0 No (check one) E]outside arbitration limits O N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? E] Yes 0 No A Name of Plaintiff/Appellant's Attorney: Edward J. Marley, 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 I❑ Intentional El Buyer Plaintiff Administrative Agencies El Malicious Prosecution 0 Debt Collection: Credit Card El Board of Assessment i❑ Motor Vehicle E] Debt Collection: Other 0 Board of Elections Nuisance 0 Dept.of Transportation Q Premises Liability 0 Statutory Appeal:Other S E] Product Liability (does not include E mass tort) Q El Employment Dispute: Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute:Other El Zoning Board T 0 Other: I 0 Other: O MASS TORT El Asbestos N ❑ Tobacco n Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B Other: Eminent Domain/Condemnation E] Declaratory Judgment Ground Rent E3 Mandamus Landlord/Tenant Dispute 0 Non-Domestic Relations ❑X Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure:Commercial El? Quo Warranto 0 Dental 0 Partition 0 Replevin El Legal I__j Quiet Title Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG,ESQUIRE(75736) ' Di- i; ti�G], M.TROY FREEDMAN,ESQUIRE(8 5165) � + r LESLIE J.RASE,ESQUIRE(58365) ANDREW J. MARLEY,ESQUIRE(312314) il.,'C 'r JACQUELINE F.McNALLY,ESQUIRE(201332) E�;tsS YLD 0,U�47Y THOMAS F. GALLAGHER,ESQUIRE(316368) EDWARD J. MCKEE,ESQUIRE(31672 1) STERN&EISENBERG;PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY l J Goldman Sachs Mortgage Company Civil Action Number: C/O Ocwen Loan Servicing, LLC 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 Complaint in Mortgage Foreclosure (Plaintiff) V. Patricia Cassel 924 Allenview Dr Mechanicsburg, PA 17055-6169 (Defendant(s)) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. k�7 q 9 YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle,PA 17013 (800)990-9108 STEVEN K. EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) ANDREW J. MARLEY,ESQUIRE(312314) JACQUELINE F.MCNALLY,ESQUIRE(201332) THOMAS F. GALLAGHER,ESQUIRE(316368) EDWARD J. MCKEE,ESQUIRE(31672 1) STERN&EISENBERG,PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Goldman Sachs Mortgage Company Civil Action Number: C/O Ocwen Loan Servicing, LLC 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 Complaint in Mortgage Foreclosure (Plaintiff) V. Patricia Cassel 924 Allenview Dr Mechanicsburg, PA 17055-6169 (Defendant(s)) CIVIL ACTION—MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si usted defend against the claims set forth in the quiere defenderse de estas demandas expuestas en following pages, you must take action within las paginas siguientes, usted tiene veinte (20) dias twenty (20) days after this complaint and notice de plazo al partir de la fecha de la demanda y la are served by entering a written appearance notificacion. Hace falta asentar una comparencia personally or by attorney and filing in writing escrita o en persona o con un abogado y entregar a with the court your defenses or objections to the la corte en forma escrita sus defensas o sus claims set forth against you. You are warned that objeciones a las demandas en contra de su if you fail to do so the case may proceed without persona. Sea avisado que si usted no se defiende, you and a judgment may be entered against you la corte tomara medidas y puede continuar la by the court without further notice for any money demanda en contra suya sin previo aviso o claimed in the complaint or for any other claim or notificacion. Ademas, la corte puede decidir a relief requested by the plaintiff. You may lose favor del demandante y requiere que usted cumpla money or property or other rights important to con todas las provisiones de esta demanda. Usted you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE Lleva esta demanda a un abogado A LAWYER, OR CANNOT AFFORD ONE, GO inmediatamente. Si no tiene abogado o si no tiene TO OR TELEPHONE THE OFFICE SET FORTH el dinero suficiente de pagar tal servicio, vaya en BELOW TO FIND OUT WHERE YOU CAN persona o llame por telefono a la oficina cuya GET LEGAL HELP. THIS OFFICE CAN direccion se encuentra escrita abajo para averiguar PROVIDE YOU WITH INFORMATION donde se puede conseguir asistencia legal. ABOUT HIRING A LAWYER. IF YOU CANNOTAFFORD TO HIRER LAWYER, THIS OFFICE AMYBEABLE TO PROVIDE YOU WITH INFORMA TION ABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FEE OR NO FEE. Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY(AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE (OR OTHER SECURED OBLIGATION)AND HAVE NOT REAFFIRMED THE DEBT)THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY(SECURED PROPERTY). STEVEN K. EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) ANDREW J.MARLEY,ESQUIRE(312314) JACQUELINE F. McNALLY,ESQUIRE(201332) THOMAS F. GALLAGHER,ESQUIRE(316368) EDWARD J.McKEE,ESQUIRE(31672 1) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Goldman Sachs Mortgage Company Civil Action Number: C/O Ocwen Loan Servicing, LLC 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 Complaint in Mortgage Foreclosure (Plaintiff) V. Patricia Cassel 924 Allenview Dr Mechanicsburg, PA 17055-6169 (Defendant(s)) COMPLAINT CIVIL ACTION—MORTGAGE FORECLOSURE 1. Plaintiff is Goldman Sachs Mortgage Company, by its servicer Ocwen Loan Servicing, LLC (hereinafter referred to as "Goldman Sachs Mortgage Company as trustee") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. 2. Defendant is Patricia Cassel, adult individual with a last-known address of 924 Allenview Dr, Mechanicsburg, PA 17055-6169. 3. On 11/30/2001, Patricia Cassel executed and delivered to Equity One, Inc., dba Popular Financial Services, a Corporation a mortgage upon the property located at 924 Allenview Drive, Mechanicsburg, PA 17055 (the "Property") to secure the payment of the sum of$93,600.00. The said mortgage was recorded on 01/11/2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Book: 1745 &Page: 3919. The mortgage was re- recorded on 08/09/2002 at Instrument No. 2002-031793 and is incorporated herein by reference as though set forth at length herein. A true and accurate copy of said Mortgage is attached hereto, made a part hereof, and marked as Exhibit "A." 4. Assignment transferring the mortgage originally with Equity One, Inc., dba Popular Financial Services, a Corporation(Originating Lender) is as follows: i. Assignment from Equity One, Inc., dba Popular Financial Services to Mortgage Electronic Registration Systems, Inc., was recorded on December 18, 2008 at Instrument: 200840033, was in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania. ii. Assignment from Mortgage Electronic Registration Systems, Inc. its successors and assigns to Equity One Inc., dba Popular Financial Services, its successors and assigns, was recorded on November 2, 2010, Instrument: 201031721, in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania. iii. Assignment from Equity One, Inc., DBA Popular Financial Services to MTGLQ Investors, L.P., was recorded on February 27, 2009, at Instrument: 200905562, in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania. iv. Assignment from MTGLQ Investors, L.P., its successors and assigns to Goldman Sachs Mortgage Company, was recorded on November 2, 2010, at Instrument: 201031723, in the office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. Patricia Cassel is the real owner of the Property located at 924 Allenview Drive, Mechanicsburg, PA 17055. 6. In accordance with Pennsylvania law, the required pre-foreclosure notice (under Act 91/Act 6 as may be applicable), was sent to the defendant(s) and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto, made a part hereof, and marked as Exhibit`B". 7. The said loan is in default as a result of the failure to pay the monthly installment of$954.74 due on July 05, 2013 and each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE: ..................................................................$79,943.79 INTEREST TO THE DATE OF 07/10/2014.....................................$7,227.84 (CURRENTLY A PER DIEM OF $18.30) ESCROWADVANCES:....................................................................$1,946.13 BPOS/APPRAISALS: .......................................................................$584.00 PROPERTY INSPECTION:..............................................................$10.50 TITLECOSTS:..................................................................................$300.00 PRIOR SERVICER AMOUNT: .......................................................$2,012.98 RETURNED CHECK FEES .............................................................$40.00 FORECLOSURECOST....................................................................$100.00 LATE CHARGES ACCRUED TO 07/10/2014:................................$4,461.51 (LATE CHARGES AFTER 07/10/2014 SHALL ACCRUE AT THE MONTHLY RATE OF $35.13.) TOTALDUE:.....................................................................................$96,626.75 Attorney fees and costs are allowed in conformity with the mortgage documents and Pennsylvania law, and Plaintiff reserves the right to recover these amounts incurred and to be incurred in bringing and maintaining this action. WHEREFORE, Plaintiff, Goldman Sachs Mortgage Company as trustee requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property for the sum of$96,626.75 and all other amounts set forth above, less any suspense as set forth above, together with record costs, and any other amounts that accrue including, but not limited to, attorney fees and costs over the course of the instant matter, and for the foreclosure and sale of the mortgaged property. Re&ectfully Submit By: t 1 7 ❑ Steven K. Eisenberg, Esquire (75736) ❑ M. Troy Freedman, Esquire (85165) ❑ Leslie J. Rase, Esquire (58365) ❑ Andrew J. Marley, Esquire (312314) ❑ Jacqueline F. McNally, Esquire (201332) ❑ Thomas F. Gallagher, Esquire (316368) A Edward J. McKee, Esquire (316721) Stern&Eisenberg, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 Phone: (215) 572-8111 Facsimile: (215) 572-5025 Date: Patricia Cassel 924 Allenview Drive, Mechanicsburg, PA 17055 XXXXX33182 VERIFICATION I,the undersigned,_Contract Management Coordinator , of Ocwen Loan Servicing,LLC("Ocwen"), the duly authorized servicing agent for Goldman Sachs Mortgage Company,am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record,this verification is based upon a review of the business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiffs behalf. In making this verification,I understand that it is a crime under 18 Pa.C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument,which I do not believe to be true or which I know to be false. 29 WA( Name:Caroline Cochr Title:Contract Management Coordinator Goldman Sachs Mortgage Company,by its servicer Ocwen Loan to o 407317 9j� 1 ) 1 L-T F. ZIEGLEr? OF DEEDS o COUNTY 111 1101 Prepared By: Return To: Laura Theis �.�i( � ` Equity One, Inc. . dba Popular Financial Services 400 Lippincott Drive. Marlton, NJ 08053 Parcel Number: (Spare Above nds Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)'Security Instrument"means this document,which is dated November 30, 2001 together with all Riders to this document. (B)"Borrower'is PATRICIA CASSEL s 0 pU(�� PG PC aCaa Borrower is the mortgagor under this Security Instrument. o (C)"Lender"is Equity One. Inc.. dba Popular Financial Services F Lender is a � 00289517 PENNSYLVANIA-Single Family-Fannie Mee/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 ic7 IIIA,' �III�I I{I ]nIIII'�,', =m 6(PA)r000el ) I IIIIIIII�I�II��III���III��II II I Pnge t o11 16 MW 08/00 Irilieh:�_ VMP MORTGAGE FORMS•(8001521-7291 O A F M W 1I R M EX ff BIB I ! organized and existing under the laws of Pennsylvania Lender's address is 400 Lippincott Drive,' Marlton, NJ 08053 Lender is the mortgagee under this Security Instrument. (D)"Note"means the promissory note signed by Borrower and dated November 30, 2001 The Note states that Borrower owes Lender Ni nety Three Thousand Si x Hundred and no/100 Dollars (U.S.$93.600.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 5, 2017 (E) "Property"means the property that is described below under the heading"Transfer of Rights in the Property.~ (F)"Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (G) "Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be executed by Borrower[check box as applicable]: ❑Adjustable Rate Rider Condominium Rider F-1 Second Home Rider ®Balloon Rider ®Planned Unit Development Rider 0 1-4 Family Rider ❑VA Rider ❑Biweekly Payment Rider FE Other(s)[specify] PUD-RIDER (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues,Fees,and Assessments"means all dues,fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (.l) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K)"Escrow Items"means those items that are described in Section 3. (L)"Miscellaneous Proceeds"means any compensation, settlement, award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for(i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to, the value and/or condition of the Property. (M)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on, the Loan. (I)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. 00289517 (M-6(PA)idom Peg"z O 16 Form 3039 1101 (0) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.)and its implementing regulation, Regulation X(24 C.F.R. Part 3500), as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (P) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender:(i)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY (Type of Recording Jurisdiction] of CUMBERLAND ]Name of Recording Jurisdiction]: ATTACHED LEGAL DESCRIPTION which currently has the address of 924 ALLENVIEW DRIVE [Strectl MECHANICSBURG icityi,Pennsylvania 17055 [Zip code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." 00289517 Y11rm 6(PA)f000si Page 3 of 16 Form 3039 1101 70 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency.However,if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current.If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the Note; (b)principal due under the Note; (c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge,If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be 00289517 (M-6(PA)i000sm Page a f me Form 3039 1101 paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property,if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 30. Thesc items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Leader the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts,that arc then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,however, that interest 00289517 (W'61PA1=oaf vsoe s or 16 Form 3034 1/01 m ../ shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.. If there is a surplus.of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow, as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forthabove in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5.Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage," and any other hazards including,but not limited to,earthquakes and floods,for which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 00289517 lmtia�a: M-6(PAI t000e) Page 6 of 16 Form 3039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore,such coverage shall cover Lender, but might or might not protect Borrower,,Borrower's equity in the Property,or the contents of the Property,against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage,not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower.Unless Lender and Borrower otherwise agree in writing,any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Leander has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required.to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any,paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim es and related matters. If Borrower donot respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the , coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 00289517 : - �.$tpp)1WW1 Pape r d ee Form 3039 1101 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender Otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance.or condemnation proceeds are paid in connection with damage to,or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or(c)Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include,but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions,and have utilities turned on or off.Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 00289517 , (D.-G(PA)(ocoal Page 8 of 16 Form 3039 1101 UA Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10.Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of[Waking the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required'to maintain Mortgage'Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 1.0 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance, Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements.These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might he characterized as)a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiurns paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan.Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. 00289517 � MAW.: C)-61PA)(000s) Popes m to Form 3039 1101 m (b)Any such agreements will not affect the rights Borrower has-if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sutras secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sutras are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal,is begun that,in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 00289517 Initials: (Q-6(PA)loo0s) Pn9e to of 16 Form 3039 1101 U dismissed with a ruling that, in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver-of or preclude the exercise of any right or remedy. 13.Joint and Several Liability; Co-signers; Successors and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument; and(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,but not limited to,attorneys'fees,property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so 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 make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security instrument shall be deemed to 00289517 it (M-61PM e000si Page 11 of le Form 3039 1101 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to lender.Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa;and(c)the word"may" gives sole discretion without any obligation to take any action, 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of:(a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) 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 00289517 �rvuaK: L C®611`A1 toxo®r rap 12&16 Form 3039 1101 r r ! J ! J J r• .. .; I, agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a)cash; (b) money order; (c) certified check, bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d)Electronic Funds Transfer.Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20.Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or.more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perforans other mortgage loan servicing obligations under the Note, this Security Instrument,and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servieer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,remedial action,or removal action,as defined in Environmental Law; and(d)an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 00289517 Initials: �l, -6(PA)(ooca) Page 13e 16 Form 3039 1101 Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do, nor allow anyone else to do, anything affecting the Property(a)that is in violation of any Environmental Law,(b)which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,including but not limited to,any spilling,leaking,discharge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of,among other things:(a)the default;(b)the action required to cure the default;(c)when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale or the Property.Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured as specified,Lender at its option may require immediate payment in fuB of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,.but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23.Release.Upon payment of all sums secured by this Security Instrument,this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24.Waivers.Borrower,to the extent permitted by Applicable Law,waives and releases any error or defects in proceedings to enforce this Security Instrument,and hereby waives the benefit of any present or future laws providing for stay of execution,extension of time, exemption from attachment,levy and sale, and homestead exemption. 25.Reinstatement Period.Borrower's time to reinstate provided in Section 19 shall extend to one how prior to the commencement of bidding at a sheriffs sale or other We pursuant to this Security Instrument. 26. Purchase Money Mortgage. if any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27.Interest Rate After Judgment.Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 00289517 fJ IniUeh: �- ( - PA)(00061 Pepe 14M 16 Form 3039 1101 BKi7„ oI ; BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: 1� L-Ae_"'-!o J C 04e (Seal) PATRICIA CASSEL -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 00284517 -6(PA)i000et Page 15 o116 Form 3039 1/01 Certificate of Residence I, Laura Theis do hereby certify that the correct address of the within-named Mortgagee is 400 Lippincott Drive, Marlton. NJ 08053 Witness my hand this 30th day of November, 2001 Laura Theis Agent of Mortgagee l�^I-�Br�ry COMMONWEALTH OF PENNSYLVANIA,` .2Y r( County ss: On this,the 30th day of November, 2001 before me,the undersigned officer,personally appeared PATRICIA CASSEL known to me(or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires; NOTARIAL SEAL RACHELLE R.SCHREIBER,N*ty Public — susquehanna Twp.,Dauphin County My Comralssion Expires Mac 5,2W5 Title of Officer 00289517 -6IPAI 100091 Page 16 of 16 Form 3039 1101 COMMITMENT SCHEDULE C File Number.01-233KS ALL THAT CERTAIN piece of parcel of land,situate in Upper Allen Township, Cumberland County, Pennsylvania,being known as Lot 2-E part of Townhouse Plot No.2 as shown on the final subdivision plan of Allenview,Stage II,Section B,Sheet 2,dated April 2, 1979 and recorded in Plan Book 36,Page 47,as follows to wit. BEGINNING at the northeast corner of Lot 2-D and going along a line N 46 degrees 52' E a distance of 20-3 feet;thence turning right along a line S 43 degrees 08'E a distance of 90.00 feet to a point; thence turning right along a line S 46 degrees 52' W a distance of 20.3 feet to a point; thence turning right along a line N 43 degrees 08'W a distance of 90.00 feet to the point of beginning. BEING the same premises which Lola G. Klinger, by Deed dated 12/23/99 and recorded 12/28/99 in Cumberland County Record Book 213, Page. 1011, granted and conveyed unto Kenneth C. Baker, Jr. and Nancy S.Baker,in fee- Parcel No: 42-28-2423-226 Accuracy of acreage content and/or square footage not guaranteed. JZ) STATE OF NEW JERSEY, Burlington County ss: On this,the 8th day of August,2002,before me, Carla Johnson the undersigned officer,personally appeared Patricia Cassel known to me(or satisfactorily proven) to be the person(s)whose name(s) is/are subscribed to the within instrument And acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF. I hereunto set my hand and o tcial sea of ori I 1 I 1 I I I 1 I I I I I I I �KI7 1 ;';': x884 Borrower: PATRICIA CASSE L Property: 924 AL L E N V I E W DRIVE . MECHANICSBURG . PA 17055 Balloon Payment Rider to Note and Security Instrument THIS BALLOON PAYMENT RIDER("Rider")is made this N o v e m b e r 3 0 . 2 0 0 1 ,and amends a Note in the amount of$ 9 3.6 0 0 . 0 0 (the"Note")made by the person(s)who sign below("Borrower")to Equity One . Inc . . dba Popular Financial Services ("Lender")and the Mortgage, Deed of Trust or Security Deed(the"Security Instrument")dated the same date and given by Borrower to secure repayment of the Note. In addition to the agreements and provisions made in the Note and the Security Instrument,both Borrower.and Lender further agree as follows: IF NOT PAID EARLIER,THIS LOAN IS PAYABLE IN FULL ON 1 1/0 5/17 ("THE MATURITY DATE"). BORROWER MUST REPAY THE ENTIRE UNPAID PRINCIPAL BALANCE OF THE LOAN AND INTEREST THEN DUE, THIS IS CALLED A "BALLOON PAYMENT". THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. At least ninety(90)but not more than one hundred twenty(120)days prior to the Maturity Date,Lender must send Borrower a notice which states the Maturity Date and the amount of the"balloon payment" which will be due on the Maturity Date(assuming all scheduled payments due between the date of the notice and the Maturity Date are made on time). (Seal) Witness PATRICIA CASSEL -Borrower (Seal) Witness -Borrower (Seal) Witness -Borrower (Seal) Witness -Borrower (Seal) Witness -Borrower (Seal) Witness -Borrower R;; i / �, ORIGINAL PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 30th day of November. 2001 ,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(ihe"Borrower") to secure Borrower's Note to Equity One. Inc., dba Popular Financial Services, a Corporation (the "Lender")of the same date and covering the Property described in the Security Instrument and located at: 924 ALLENVIEW DRIVE,MECHANICSBURG.PA 17055 [Property Address] The Property includes,but is not limited to,a parcel of land improved with a dwelling,together with other such parcels and certain common areas and facilities,as described in (the "Declaration"). The Property is a part of a planned unit development known as Allenview [Name of Planned Unit Development) (the"PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD(the"Owners Association")and the uses,benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation,trust instrument or any equivalent document which creates the Owners Association;and(iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due,all dues and assessments imposed pursuant to the Constituent Documents. 00289517 00289517 0 MULTISTATE PUD RIDER-Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3150 3199 Page 1 of 3 Initials: (WR 10003) MWoyao VMP MORTGAGE FORMS-18001521-7291 11111111111 IN 111 B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier,a"master"or"blanket"policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property,or to common areas and facilities of the PUD,any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. C. Public Liability Insurance.Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any pan of the Property or the common areas and facilities of the PUD,or for any conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender.Such proceeds shall be applied by Lender to the sutras secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD,except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain;(ii) any amendment to any provision of the"Constituent Documents"if the provision is for the express benefit of Lender;(iii)termination of professional management and assumption of self-management of the Owners Association; or(iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to-Under. F.Remedies. If Borrower does not pay PUD dues and assessments when due,then Lender may pay them-Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the 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. 00289517 00289517 0 trut�ais: 7R(00031 Page 2 of 3 Form 3150 3199 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. (Seal) PATRICIA CASSEL -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (SCSI) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 00289517 00289517 0 (M.7A(0003) Page 3 of 3 Form 3150 3/99 I Certi fy this to be recorled In Cumberland County PA Recorder of Deeds 8�t i ( R»kGadDg6 WS ■r # P76 2#ru t 8122 ; . � Rec■ir ; x698 • I ' . . ##4 2-03293 a JAA /2 1t0 \ %N¢mEP 22 ME . . GqL . 4Q#E . mQGA - SIT /0 . . qq+7 - &7 S 3§ . . . q 1111PROOAT 92 t IN . . _ RG /RA| F!N» 3m . . G A QmA .7 . . . . : 7Ia2Qk....... : aim STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215)572-8111 FAcsIMILE: (215)572-5025 Date: May 19, 2014 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FR M F®RECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HE") may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): PATRICIA CASSEL PROPERTYADDRESS: 924 ALLENVIEW DRIVE,MECHANICSBURG,PA 17055 MAILING ADDRESS: PATRICIA CASSEL 924 ALLENVIEW DR MECHANICSBURG,PA 17055-6169 LOAN ACCT NO.: XXXXXX3182 ORIGINAL LENDER: EQUITY ONE,INC.,DBA POPULAR FINANCIAL SERVICES,A CORPORATION CURRENT LENDER/SERVICER: GOLDMAN SACHS MORTGAGE COMPANY,BY ITS SERVICER OCWEN LOAN SERVICING,LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR .FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT!'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: X 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 X IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the propqty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE --Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS.A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCYACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 924 ALLENVIEw DRIVE,MECHANICSBURq PA 17055 IS IN SERIOUS DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments from 07/05/2013 through and including May 19, 2014 as follows: Monthly Payments of$954.74 due on 07/05/2013 through and including 05/05/2014, in the amount of...................................... ............... $82592.66 ............................ TOTAL OF PAYMENTS IN DEFAULT. .....................................................$8,592.66 Other Charges (Explain/Itemize): LateCharges: .............................................................. ............... $4,461.51 OtherFees Due: ................................................................. ............... $2,615.48 LessSuspense: .................................................................................. $0.00 TOTAL OF OTHER CHARGES:..................................................... $7,076.99 TOTALAMOUNT DUE: ..................................................................................$15,669.65 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT --You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $15,669.65 ,PL US ANY MOR TGA GE PAYMENTSAND LATE CHARGES WHICH BECOME D UE DURING THE THIRTY(30)DAYPERIOD. Payments must-be made either by cash, cashier's check, certified check or money order made payable and sent to: Goldman Sachs Mortgage Company, by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00.Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: Goldman Sachs Mortgage Company ADDRESS: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 PHONE NUMBER: (800)446-2936 FAX NUMBER: (407) 737-6300 CONTACT PERSON: Ocwen Loan Servicing LLC EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TIE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN& EISENBERQ PC BY. =� TJ. Andrew J. Marley, Esq. Stern & Eisenberg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY(AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT)THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. HFAComprehensive Rousing Counseling Agencies AENNSYIVANIA HOUSING FINANCE AGENCY Agencias de Consejo al Chente para Vivienda Cumberland. County *CCCS of Western PA-York 888.511.2227/888.511.2227 55 Clover Hill Road wwwccccspa.org Dallastown PA 17313 Community Action Commission-Capital Region 717.232.9757 1514 Deny St . vmrwxactricountyorg Harrisburg PA 17104 Harrisburg Fair Housing Council 717.238.9540 2100 N 6th St Harrisburg PA 17110 Housing&Redevelopment Authority-Cumberland Cnty 866.683.5907/717.249.0789 114 N Hanover St;STE 104 www.cehra.com Carlisle PA 17013 Pathstone Corporation Pennsylvania 717.234.6616 1625 North Second St w,A-A.ruralise.org/pathstone_pa.btm Harrisburg PA 17102 Pennsylvania Interfaith Community Programs,Inc. 717.334.1518 40 E High St www.adamscha.o b Gettysburg PA 17325 Report last updated:4/30/2012 9:03:04 AM Prepare Date: May 9,2014 NOTE: NOTE:Many of the agencies offer workshops at various location sites;call to find a location near you. 02 1w+ ` U.S.POSTAGE�>PITNEY BOWES r�# Name and STERN& EISENBERG �ti 'd e Address 1581 Main Street,Suite 200 of Sender Warrington,PA 18976 r ,� •`i,,F� ZIP 189.76 � ®02.600 �'�'S. 0001371685 MAY. 19. 2014 Line Article Number Postage Fee ] **** PATRICIA CASSEL 924 ALLENVIEW DR MECHANICSBURG, PA 17055-6169 2 **** 3 **** I *** 5 **** 6 *** _ Postal: CERTIFIED.,MAILT, RECEIPT PO BOX 8029 ., , HARRISBURG,PA 17105-8029 i, a g **** ��. 1J 9 3� —0 Postage $ru 11 **** ca Certified Fee O Return Receipt Fee _ ;d AY I Po Ta 12 C3 (Endorsement Required) ere k c **** 0 Restricted Delivery Fee (Endorsement Required) ,3 0 **** r-a Total Postage&Fees �14 **** Lf] C3 Sent To r=q street ApEiv PATRICIA CASSEL ------------ 15 RE: ACT NOTICE orp""N' 924 ALLENVIEW DR ------------ -1 1 M1 city,state,z MECHANICSBURG, PA 17055-6169 Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving Pieces Listed by Sender Received at Post Office Employee) fir%WNW SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson Hi:_ Sheriff THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor 0 0 0r of Curt,6trrr,� 211i AUG 19 AM 10` 20 OFFICE OF'T CUMBERLAND COUNTY PENNSYLVANIA Goldman Sachs Mortgage Company vs. Patricia Cassel Case Number 2014-4667 SHERIFF'S RETURN OF SERVICE 08/12/2014 07:33 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Patricia Cassel at 924 Allenview Drive, Upper Allen, Mechanicsubrg, PA 17055. DEN S FRY, DEP SHERIFF COST: $39.30 SO ANSWERS, August 14, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Shentr, Teieosoft, Inc. ANDREW J, MARLEY, ESQUIRE STERN & EISENBERG PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111 I.D. #312314 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Goldman Sachs Mortgage Company, by its servicer Ocwen Loan Servicing, LLC (Plaintiff) v. Patricia Cassel (Defendant(s)) Civil Action Number: 14-4667 CIVIL ORDER TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as settled, discontinued and ended, without prejudice, upon payment of your costs only. 10/29/2014 STERN & EISENBERG, PC BY: -Fs ANDREW J, MARLEY Attorney for Plaintiff