Loading...
HomeMy WebLinkAbout14-5208 For Prothonotary Use Only:Suprom a G�ouct.-of PennsyIvanua Ga u� Ir� : '!P less s it tet. andD�I� Docket No. E ty� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ®Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name:Wells Fargo Bank,N.A. Lead Defendant's Name:Ann M.Bates,a/k/a Ann Margaret Bates E T I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑within arbitration limits Q (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney:McCabe,Weisberg&Conway,P.C. ❑ Check here if you have no attorney(a Self-Represented Pro Se) Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑ Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment ❑Motor vehicle Cl Debt Collection:Other ❑Board of Elections ❑Nuisance ❑ Department of Transportation ❑Premises Liability(does not include ❑ Statutory Appeal:Other S mass tort) E ❑Slander/Libel/Defamation ❑ Employment Dispute: ❑Other: Discrimination C ❑Employment Dispute:Other ❑Zoning Board T ❑Other I h O ❑Other N MASS TORT ❑Asbestos ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant B 13 Toxic Waste REAL PROPERTY MISCELLANEOUS ❑Other: ❑Ejectment ❑Common Law/Statutory Arbitration ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: ❑Other Professional: I L Updated I/1/2011 McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG, ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE-ID# 34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE -ID# 74770 MARISA J. COHEN, ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM, ESQUIRE-ID# 309480 BRIAN T. LAMANNA, ESQUIRE-ID# 310321 C_- r ANN E. SWARTZ,ESQUIRE-ID#201926 - JOSEPH F. RIGA,ESQUIRE-ID# 57716 M c/-) r+6t JOSEPH I. FOLEY, ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID# 313673 -<.> cn JENNIFER L. WUNDER, ESQUIRE-ID# 315954 `-�' LENA KRAVETS, ESQUIRE-ID# 316421 n CAROL A. DiPRINZIO,ESQUIRE-ID# 316094 o = C) s 123 South Broad Street, Suite 1400 _ . 5=1 Philadelphia,Pennsylvania 19109 ' }; (215) 790-1010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,N.A. CIVIL DIVISION 101 North Phillips Avenue Sioux Falls, SD 57104 No.: 01*0 c C�� Plaintiff, I V. I Ann M. Bates, a/k/a Ann Margaret Bates 332 Ridge Hill Road Carlisle, PA 17015 and Jerry W. Bates 332 Ridge Hill Road Carlisle, PA 17015 I Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A., by its attorneys, McCabe, Weisberg & Conway, P.C. and files this Complaint in Mortgage Foreclosure as follows: ';i) _716481 062-PA-V5 File#14.103133 NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action ex-puestas en las paginas siguientes, usted within twenty (20) days after this complaint tiene veinte (20) dias de plazo al partir de la and notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la or objections to the claims set forth against corte en forma escrita sus defensas o sus you. You are warned that if you fail to do so objeciones a las demandas en contra de su the case may proceed without you and a persona. Sea avisado que si usted no se judgment may be entered against you by the defiende, la corte tomara medidas y puede court without further notice for any money continuar la demanda en contra suya sin claimed in the complaint or for any other previo aviso o notificacion. Ademas, la claim or relief requested by the plaintiff. corte puede decidir a favor del demandante You may lose money or property or other y requiere que usted cumpla con todas las rights important to you. provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros YOU SHOULD TAKE THIS derechos importantes para usted. PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO USTED LE DEBE TOMAR ESTE TO OR TELEPHONE THE OFFICE SET PAPEL A SU ABOGADO FORTH BELOW. THIS OFFICE CAN INMEDIATAMENTE. SI USTED NO PROVIDE YOU WITH INFORMATION TIENE A UN ABOGADO, VA A O ABOUT HIRING A LAWYER. TELEFONEA LA OFICINA EXPUSO IF YOU CANNOT AFFORD TO ABAJO. ESTA OFICINA LO PUEDE HIRE A LAWYER, THIS OFFICE MAY PROPORCIONAR CON INFORMATION BE ABLE TO PROVIDE YOU WITH ACERCA DE EMPLEAR A UN INFORMATION ABOUT AGENCIES ABOGADO. THAT MAY OFFER LEGAL SERVICES SI USTED NO PUEDE TO ELIGIBLE PERSONS AT A PROPORCIONAR PARA EMPLEAR UN REDUCED FEE OR NO FEE. ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON Cumberland County Bar Association INFORMACION ACERCA DE LAS 32 South Bedford Street AGENCIAS QUE PUEDEN OFRECER Carlisle, PA 17013 LOS SERVICIOS LEGALES A (800) 990-9108 PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 062-PA-V5 File#14-103133 This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Please Note: (1)unless,within thirty (30) days after your receipt of this notice,you dispute the validity of the debt,or any portion of the debt,we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed,we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt,we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: Wells Fargo Bank,N.A. v. Ann M. Bates, a/k/a Ann Margaret Bates and Jerry W. Bates Cumberland County 062-PA-V5 File#14.103133 1. The Plaintiff is Wells Fargo Bank, N.A., 101 North Phillips Avenue, Sioux Falls, SD 57104 (hereinafter "Plaintiff'). 2. The Defendants are, Ann M. Bates, a/k/a Ann Margaret Bates and Jerry W. Bates, with a last known address of 332 Ridge Hill Road, Carlisle, PA 17015 and 332 Ridge Hill Road, Carlisle, PA 17015. 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. Wells Fargo Bank, N.A., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked as Exhibit"A", attached hereto and made a part hereof. 5. On or about October 22, 2007, Ann M. Bates, a/k/a Ann Margaret Bates and Jerry W. Bates, made, executed and delivered to Wells Fargo Bank, N.A. a Mortgage in the original principal amount of $60,000.00 on the premises described in the legal description marked as Exhibit`B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of Cumberland County on November 13, 2007 as Instrument Number 200742667. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Plaintiff is the current Mortgagee. 7. Ann M. Bates, a/k/a Ann Margaret Bates and Jerry W. Bates are the record and real owner(s) of the aforesaid mortgaged premises. 062-PA-VS File#14-103133 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due October 20, 2013. 9. As of 08/22/2014, the amount due and owing Plaintiff on the mortgage is as follows: The total amount due the Plaintiff on said Note through 08/22/2014 is $63,355.86 which breaks down as follows: Principal $58,600.30 Interest accrued interest at a variable rate $4,755.56 Pre-acceleration Late Charges $0.00 Property Inspections $0.00 Appraisals/Brokers Price Opinion $0.00 Escrow Deficit $0.00 Total $63,355.86 A daily variable per diem will accrue on the principal in accordance with the variable rate as set forth in the Note plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants. 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendants, but reserves its right to do so in a separate legal action if such right exists. If Defendants have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. 062-PA-VS File#14.103133 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $63,355.86, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. McCABEf7 SBE & C AY, .C. BY: [ ]Terrenc .McCabe,Esquire ]Marc S.Weisberg,Esquire [ ] Edwara D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [-Joseph I.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire [ ]Jennifer L. Wunder,Esquire [ ]Lena Kravets,Esquire [ ]Carol A.DiPrinzio,Esquire Attorneys for Plaintiff Dated: ?/3 , 2014 062-PA-VS File#14-103133 VERIFICATION Kathy L. Gamboa, hereby states that he/she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Kathy L. Gamboa Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 086-PA-V2 File#14-103133 EXHIBIT «A» PREP - i;10 OCT 3 0 2007 WELLS FARGO BANK,N.A. AGREEMENT DATE: 10-22-2007 Wells Fargo Home Equity Account Agreement and Disclosure Statement (the "Agreement") Borrower Name:ANN M.BATES And JERRY W.BATES Property Address:332 RIDGE HILL ROAD,SILVER SPRING TWNSHP,PENNSYLVANIA 17015 Mailing Address for Billing Purposes(if different):N/A Credit Line Limit:$60,000.00 SECTION 1: MY ACCOUNT AGREEMENT In this Agreement, the words, "I," "me," "my," and "Borrower" (which also means "we," "us," "our," and "Borrowers,"if more than one customer signs below)refer to each person who signs this Agreement. The words "you," "your," "Lender," and "the Bank" refer to Wells Fargo Bank, N.A. and any successor or assign or subsequent holder of this Agreement. This Agreement governs my Wells Fargo Home Equity Account (the "Account")with the Bank. If more than one person signs this Agreement,we are jointly and individually bound by its terms. We are separately liable to the Bank for the entire amount owed on the Account. We are each liable as a principal and not merely as a guarantor,even if one or more of us does not use the Account. SECTION 2: SECURITY INTEREST I am giving the Bank a deed of trust,mortgage or other security instrument including all modifications,addenda and amendments thereto (the "Security Instrument"), signed the same date as this Agreement. The Security Instrument gives you a security interest in the property located at the address shown above(the"Property"). SECTION 3: MY WELLS FARGO HOME EQUITYACCOUNT My Account is a revolving account. My credit limit is shown above and will be displayed on each of my billing statements. During the Draw Period (described below), my available credit will be my credit limit minus the sum of all unpaid Advances posted to my Account. During the Draw Period, as I repay the principal balance I owe on my Account,my available credit will be replenished. I agree not to request an Advance that would cause my balance to exceed my credit limit. If at any time the balance of my Account exceeds my credit limit,I agree to immediately repay the amount that exceeds my credit limit. I may apply for an increase in my credit limit,and if I do so I agree to pay any application, appraisal and other fees,including increased costs for title insurance,as the Bank may require. If the Bank approves my application and increases my credit limit, I will provide and maintain such additional hazard insurance (including flood insurance, if necessary)and sign any additional documents as the Bank may require. All such increased credit Wells Fargo Home Equity Account A Bement 1/15 amounts will be governed by the terms and conditions of this Agreement and will be secured by the Security Instrument. The Bank may from time to time in its sole discretion, approve additional credit for me under the terms of this Agreement. I will receive written notice from the Bank of any such offer to increase my credit limit. I may accept such offer of increased credit by my use of those additional funds and by signing any additional documents the Bank may require. All such increased credit amounts will be governed by the terms and conditions of this Agreement and will be secured by the Security Instrument. SECTION 4: MY ACCOUNT DURING THE DRAW PERIOD DRAW PERIOD I may request Advances during the Draw Period. My Account has a Draw Period of 10 years and one month from the date of this Agreement during which I may request Advances. At the end of the Draw Period, I may request that the Bank renew the Draw Period for an additional 10 years and one month. The Bank may, at its option,approve my request to extend the Draw Period. I may not obtain Advances after the Draw Period ends. When the Draw Period ends,the outstanding unpaid Line of Credit Advances will convert to a Final Fixed Rate Advance as detailed below in Section S,MY ACCOUNT DURING THE REPAYMENT PERIOD. ADVANCES DURING THE DRAW PERIOD There are 2 types of Advances on my Account: • Line of Credit Advances • Fixed Rate Advances The Bank must honor my request for Line of Credit Advances and Fixed Rate Advances (collectively, "Advances") as long as I am in compliance with all terms of this Agreement, including all modifications, addenda and amendments to it,and the Security Instrument. As I use my Account, my available credit will be my credit limit minus the sum of all unpaid Advances. As I repay the principal balance I owe on my Account,my available credit will be replenished. I will not request an Advance that would cause the balance in my Account to exceed my credit limit, or which would violate the terms of this Agreement or any law. If I do exceed my credit limit,I agree to immediately repay the amount that exceeds my credit limit. I understand that the Bank may refuse to allow any Advance if the Advance does not comply with every requirement of this Agreement. The Bank may choose at its sole discretion to make an Advance that does not comply. The Bank may allow any Advances in any sequence convenient to the Bank. The Bank is authorized to make an Advance from my Account when it receives a request given by any person who has signed this Agreement. If there are conflicting demands made by any of us who signed this Agreement, the Bank has the option to refuse to make any Advance that has not been requested by all of us together. The Bank will not be liable for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when the Bank acts upon such instructions believing them to be genuine. LINE OF CREDIT ADVANCES Each Line of Credit Advance I request will be in the amount of$300 or greater. LINE OF CREDIT ADVANCE METHODS While my Account is not in default,closed,or suspended,I may obtain a Line of Credit Advance by: Requesting a Line of Credit Advance in person at any Bank branch Requesting a Line of Credit Advance by phone Transferring funds by using Wells Fargo Online In other ways the Bank authorizes from time to time Writing an Advance request check or draft which the Bank has provided to me Wells Fargo Home Equity Account Agreement Obtaining a cash withdrawal or transferring funds by using my Wells Fargo ATM Card or Wells Fargo ATM &Check Card,if offered by the Bank and I select such service Using my home equity access credit card,if offered by the Bank and I select such service LINE OF CREDIT ADVANCES PERIODIC FINANCE CHARGES Finance charges begin to accrue on Line of Credit Advances immediately when funds are advanced. The periodic FINANCE CHARGE for a billing cycle is the sum of the periodic FINANCE CHARGE for each day in the billing cycle. To determine the periodic FINANCE CHARGE for a day in the billing cycle, multiply the Daily Periodic Rate by the daily balance for Line of Credit Advances(including current transactions)each day. To determine the daily balance, take the Line of Credit Advances balance at the beginning of each day (excluding any unpaid FINANCE CHARGES or other charges provided for under this Agreement), add any new Line of Credit Advances, and subtract any payments or credits that apply to the repayment of Line of Credit Advances. The result is the daily balance. The Daily Periodic Rate for Line of Credit Advances is equal to 1/365 (1/366 during leap years) of an Index plus a Margin. The Index is the highest Prime Rate as published in the Western Edition of The Wall Street Journal "Money Rates" table. The Margin, the initial Daily Periodic Rate, and the initial ANNUAL PERCENTAGE RATE,are each disclosed below. The Margin will increase if the Automatic Payment feature described in Section 6 below is terminated for any reason. The ANNUAL PERCENTAGE RATE does not include costs other than interest. The Daily Periodic Rate and corresponding ANNUAL PERCENTAGE RATE on my Line of Credit Advances will be adjusted the day after an Index change is published, using the new Index value. Therefore, the Daily Periodic Rate for Line of Credit Advances may change(increase or decrease)as often as once each day based on changes in the Index. I understand that any increase may cause me to make larger monthly payments. LIFETIME RATE CAP FOR LINE OF CREDIT ADVANCES The Daily Periodic Rate for Line of Credit Advances will never exceed 0.049315%(corresponding ANNUAL PERCENTAGE RATE of 18.00%). This is the Lifetime Rate Cap for Line of Credit Advances. LIFETIME RATE FLOOR FOR LINE OF CREDIT ADVANCES The Daily Periodic Rate for Line of Credit Advances will never fall below 0.011616% (corresponding ANNUAL PERCENTAGE RATE of 4.240%). This is the Lifetime Rate Floor for Line of Credit Advances. MY INITIAL RATE FOR LINE OF CREDIT ADVANCES As discussed above,my Daily Periodic Rate is based on the value of the Index plus a Margin. The initial Index value that applies to my Account will be the value of the Index on the day I open my Account. The following disclosures are based on the value of the Index in effect on 10-18-2007. I understand that if I open my Account after this date,my actual Index value, Daily Periodic Rate and corresponding ANNUAL PERCENTAGE RATE may be higher or lower than the rates disclosed below. My Margin for Line of Credit Advances is equal to THREE AND THREE HUNDRED SEVENTY-FIVE THOUSANDTHS OF ONE PERCENTAGE POINT percentage points (3.375%). As a result, unless the Lifetime Rate Cap for Line of Credit Advances or Lifetime Rate Floor for Line of Credit Advances require the Bank to apply a different rate to my Account, my initial Daily Periodic Rate is 0.030479% (corresponding ANNUAL PERCENTAGE RATE of 11.125%). LINE OF CREDIT ADVANCES MINIMUM MONTHLY PAYMENT During the Draw Period,my Minimum Monthly Payment for Line of Credit Advances shall be equal to: The sum of all accrued and unpaid periodic FINANCE CHARGES on Line of Credit Advances,plus credit insurance premiums,if any. FIXED RATE ADVANCES DURING THE DRAW PERIOD I have the option to convert outstanding unpaid Line of Credit Advances to Fixed Rate Advances during the Draw Period based on credit limit availability. The minimum Fixed Rate Advance during the Draw Period is$10,000. I may request up to 2 Fixed Rate Advances each year. For purposes of this rule,the first"year"will begin on the date the Draw Period begins. Subsequent years will begin on each anniversary of the date the Draw Period begins. I may have no more than 3 Fixed Rate Advances outstanding at any one time. On the Effective Date,I may request an initial Fixed Rate Advance in an amount that does not exceed my available credit. After the Effective Date,the sum of all outstanding Fixed Rate Advances taken after the Effective Date may not exceed the lesser of my available credit or $250,000.00. The "Effective Date" is the day the last of us signs this Agreement. I must select the repayment term for the Fixed Rate Advance at the time I request the Fixed Rate Advance. Fully Amortizing Payments: For a Fixed Rate Advance with fully amortizing payments during the Draw Period(see the section below titled "FIXED-RATE ADVANCES MINIMUM MONTHLY PAYMENT DURING THE DRAW PERIOD"). the repayment term must be a period of whole years and in the range described below. Fixed Rate Advance Amount Term Ranee $10,000 - 19,999.99 5 to 15 years $20,000 and above 5 to 30 years Interest-Only Payments(Offered at Bank's Discretion): If the Bank offers me the option to make interest-only payments on a Fixed Rate Advance during the Draw Period, and I select that option (see the section below titled "FIXED RATE ADVANCES MINIMUM MONTHLY PAYMENT DURING THE DRAW PERIOD"), the repayment term must be at least one year and not more than the lesser of 5 years or the remaining term of the Draw Period minus one month. At the end of the term,the balance will convert to a Line of Credit Advance. FIXED RATE ADVANCE METHODS DURING THE DRAW PERIOD While my Account is not in default,closed,or suspended,I may obtain a Fixed Rate Advance by: Requesting a Fixed Rate Advance in person at any Bank branch. Requesting a Fixed Rate Advance by phone. FIXED RATE ADVANCES PERIODIC FINANCE CHARGES DURING THE DRAW PERIOD Fixed Rate Advances will accrue periodic FINANCE CHARGES beginning on the day that the Bank converts any Line of Credit Advances to a Fixed Rate Advance. I will be charged a periodic FINANCE CHARGE on all outstanding unpaid Fixed Rate Advances each day at a fixed Daily Periodic Rate. To determine the periodic FINANCE CHARGE for a day in the billing cycle,multiply the Daily Periodic Rate by the daily balance for the Fixed Rate Advance (including current transactions) each day. To determine the daily balance for the Fixed Rate Advance, take the Fixed Rate Advance balance at the beginning of each day (excluding any unpaid FINANCE CHARGES or other charges provided for under this Agreement), and subtract any payments or credits that apply to the repayment of the Fixed Rate Advance. The result is the daily balance. The Daily Periodic Rate for Fixed Rate Advances is equal to 1/365(1/366 during leap years)of an Index plus a Margin. The Index is the highest Prime Rate as published in the Western Edition of The Wall Street Journal "Money Rates"table. The Bank will use the value of the Index in effect on the last business day preceding the day the Bank receives my request for a Fixed Rate Advance. The Margin for Fixed Rate Advances is eight percentage points(8.000%),but the Margin may be lower than eight percentage points(8.000%)depending upon the amount and term of the Fixed Rate Advance and other pricing indicators that exist at the time we receive your request for a Fixed Rate Advance. The corresponding ANNUAL PERCENTAGE RATE for Fixed Rate Advances will never be more than the Lifetime Rate Cap for Fixed Rate Advances shown below. The ANNUAL PERCENTAGE RATE does not include costs other than interest. The Margin for any existing Fixed Rate Advances will increase by one quarter of one percentage point(0.25%) if the Automatic Payment feature is terminated,as described in Section 6,below. Therefore,the Daily Periodic Rate for Fixed Rate Advances may also increase at least once during the Account based on an increase in the Margin when the Automatic Payment feature is terminated. Any such increase will result in an increase in the then outstanding Fixed Rate Advance Minimum Monthly Payments,as follows: • For a Fixed Rate Advance with fully amortizing payments: The Fixed Rate Advance Minimum Wells Far o Home E ui Monthly Payment for a Fixed Rate Advance with fully amortizing payments will be reset at an amount sufficient to repay the remaining balance of the applicable Fixed Rate Advance within its applicable term in substantially equal,fully amortizing monthly payments at its increased corresponding ANNUAL PERCENTAGE RATE. - For a Fixed Rate Advance with interest-only payments: If the Bank offers me the option to make interest-only payments on a Fixed Rate Advance during the Draw Period and I select that option, the Fixed Rate Advance Minimum Monthly Payment for that Advance will equal the sum of all accrued and unpaid periodic FINANCE CHARGES on the remaining balance of the Fixed Rate Advance at the increased corresponding ANNUAL PERCENTAGE RATE. LIFETIME RATE CAP FOR FIXED RATE ADVANCES DURING THE DRAW PERIOD The Daily Periodic Rate for Fixed Rate Advances will not exceed 0.049315% (corresponding ANNUAL PERCENTAGE RATE of 18.00%). This is the Lifetime Rate Cap for Fixed Rate Advances. INITIAL FIXED RATEADVANCE On the Effective Date, I requested an initial Fixed Rate Advance in the amount of$60,000.00,and for a term of 360 months. My Daily Periodic Rate on this initial Fixed Rate Advance is 0.0281%(corresponding ANNUAL PERCENTAGE RATE of 10.250%). The fully amortizing payment option will apply to this Fixed Rate Advance FIXED RATE ADVANCES MINIMUM MONTHLY PAYMENT DURING THE DRAW PERIOD The following minimum payment options will apply to a Fixed Rate Advance during the Draw Period: Fully Amortizing Payments: Unless the Bank offers me the option to make interest-only payments on a Fixed Rate Advance during the Draw Period and I select that option,int for the Minimum Monthly Paymen Fixed Rate Advance will be equal to the amount of principal plus periodic FINANCE CHARGE sufficient to repay the Fixed Rate Advance within its applicable term in substantially equal, fully amortizing monthly payments at the applicable corresponding ANNUAL PERCENTAGE RATE. This assumes that all payments will be made on their due dates, which will be the same as the due dates for my Line of Credit Advances Minimum Monthly Payment described above. If my payments are not consistently made when due,the Fixed Rate Advance Minimum Monthly Payment may not fully repay the Fixed Rate Advance over its term and my final payment may be higher. Interest-Only Payments(Offered at Bank's Discretion): The Bank may,in its sole discretion,offer me the option to make interest-only payments on a Fixed Rate Advance during the Draw Period. If the Bank offers me the option to make interest-only payments on a Fixed Rate Advance during the Draw Period,and I select that option,my Minimum Monthly Payment for the Fixed Rate Advance during the Draw Period will be equal to the sum of all accrued and unpaid periodic FINANCE CHARGES on the Fixed Rate Advance. During the Draw Period,my available credit for new Line of Credit Advances will be replenished by the amount of principal I repay on my Fixed Rate Advances. MY TOTAL PAYMENT DUE DURING THE DRAW PERIOD 1 will receive monthly billing statements from the Bank. I must pay at least the amount of the Total Payment Due by the Date Due,as shown on each monthly billing statement. The"Total Payment Due"during the Draw Period consists of my Line of Credit Advances Minimum Monthly Payment plus my Fixed Rate Advance Minimum Monthly Payment(s) together with all past due amounts and overlimit amounts and all other charges due. SECTION 5: MY ACCOUNT DURING THE REPAYMENT PERIOD REPAYMENT PERIOD I understand that 1 may not receive new Advances after the Draw Period ends. At that time, I will begin the Repayment Period, which will continue until the Maturity Date described below, but in no event more than 30 years. Wells Fargo Home Equity Account Agreement 5115 REPAYMENT OF OUTSTANDING FIXED RATE ADVANCES During the Repayment Period, I will continue to make the same Fixed Rate Advance Minimum Monthly Payment for any Fixed Rate Advance that was in effect at the end of the Draw Period. If my payments are not consistently made when due,the Fixed Rate Advance Minimum Monthly Payment may not fully repay the Fixed Rate Advance over its term and my final payment may be higher. REPAYMENT OF FINAL FIXED RATE ADVANCE At the end of the Draw Period,the outstanding unpaid Line of Credit Advances balance will be converted into a Final Fixed Rate Advance. The Final Fixed Rate Advance will have a term of 15 years if my total Final Fixed Rate Advance balance is less than $20,000, or 30 years if my Final Fixed Rate Advance balance is$20,000 or more. The Final Fixed Rate Advance Minimum Monthly Payment will be the greater of$100 or an amount sufficient to repay the Final Fixed Rate Advance balance by the end of the scheduled term in substantially equal, fully amortizing monthly payments of principal and periodic FINANCE CHARGE at the applicable corresponding ANNUAL PERCENTAGE RATE. If my payments are not consistently made when due, the Final Fixed Rate Advance Minimum Monthly Payment may not fully repay the Final Fixed Rate Advance over its term and my final payment for the Final Fixed Rate Advance may be higher. The Bank will notify me in advance of any changes to my Total Payment Due as a result of the Final Fixed Rate Advance Minimum Monthly Payment. PERIODIC FINANCE CHARGE ON FINAL FIXED RATE ADVANCE BALANCE Periodic FINANCE CHARGES on my Final Fixed Rate Advance balance will begin to accrue on the first day of the Repayment Period. I will be charged a periodic FINANCE CHARGE based on the unpaid Final Fixed Rate Advance balance at the end of each day at a fixed Daily Periodic Rate, The Daily Periodic Rate for the Final Fixed Rate Advance is equal to 1/365(1/366 during leap years)of an Index plus a Margin. The Index is the highest Prime Rate as published in the Western Edition of The Wall Street Journal "Money Rates" table. The Bank will use the Index value published on the last business day during the Draw Period. The Margin for the Final Fixed Rate Advance is eight percentage points(8.000%),but the Margin may be lower than eight percentage points (8.0001/o) depending upon the amount and term of the Final Fixed Rate Advance and other pricing indicators that exist at the end of the Draw Period. The corresponding ANNUAL PERCENTAGE RATE on my Final Fixed Rate Advance will never be more than the Lifetime Rate Cap for my Final Fixed Rate Advance shown below. The ANNUAL PERCENTAGE RATE does not include costs other than interest. The Margin for the Final Fixed Rate Advance will increase by one quarter of one percentage point Automatic Payment feature is terminated, as described in Section 6, below, d (0.25%)if the uring the Repayment Period. Therefore,the Daily Periodic Rate for the Final Fixed Rate Advance may also increase at least once during the Repayment Period based on an increase in the Margin when the Automatic Payment feature is terminated. Any such increase will_result in an increase in the then outstanding Final Fixed Rate Advance Minimum Monthly Payment,which will be reset at the greater of$100 or the amount sufficient to repay the remaining balance of the Final Fixed Rate Advance within its applicable term in substantially equal,fully amortizing monthly payments at its applicable corresponding ANNUAL PERCENTAGE RATE. LIFETIME RATE CAP FOR MY FINAL FIXED RATE ADVANCE The Daily Periodic Rate for my Final Fixed Rate Advance will not exceed 0.049315% (corresponding ANNUAL PERCENTAGE RATE of 18.00%). This is the Lifetime Rate Cap for my Final Fixed Rate Advance. MY TOTAL PAYMENT DUE DURING THE REPAYMENT PERIOD I must pay at least the amount of the Total Payment Due by the Date Due, as shown on each monthly billing statement. The "Total Payment Due" during the Repayment Period is the total of my Fixed Rate Advance Minimum Monthly Payment(s) still due as the result of Fixed Rate Advances in effect on the day before the end of the Draw Period,plus the Final Fixed Rate Advance Minimum Monthly Payment as described above,together with Wells Fargo Horne Equity Account Agreement /1 all past due amounts and overlimit amounts and all other charges due. Maturity Date The Maturity Date on my Account shall be the latest maturity date of any Fixed Rate Advance or the Final Fixe Rate Advance,but in no event more than 30 years from the end of the Draw Period. At that time,any remaining balance must be paid in full. SECTION 6: AUTOMATIC PAYMENT DISCOUNT I have chosen to make Automatic Payments as specified in the Authorization for Automatic Transfer. I have received an interest rate discount for making this choice. I understand that the ANNUAL PERCENTAGE RATE and the Margin that apply to my Line of Credit Advances, as described in Section 4 above, reflect a discount you gave me for this Authorization for Automatic Transfer. If the Automatic Payments are terminated for any reason at any time during the Draw Period by anyone, the Margin that applies to my Line of Credit Advances,as set forth in Section 4 above,will increase by one quarter of one percentage point(0.25%)effective the day the Automatic Payments are terminated. If the Margin increases, the Daily Periodic Rate and corresponding ANNUAL PERCENTAGE RATE applicable to my Line of Credit Advances, and my Line of Credit Advances Minimum Monthly Payment, may also increase. My monthly billing statement will show me my new Daily Periodic Rate, corresponding ANNUAL PERCENTAGE RATE and Line of Credit Advances Minimum Monthly Payment as applicable. SECTION 7: OTHER FINANCE CHARGES In addition to paying periodic FINANCE CHARGES,as described in Sections 4 and 5 above,I also agree to pay the following additional fees,each of which is a FINANCE CHARGE: ANNUAL FEE Beginning one year after the date of this Agreement, and continuing each year of the Draw Period, whether or not I use the Account,I will pay a$75.00 non-refundable annual fee. I will not have to pay an annual fee if my Account is open(has not been closed or suspended under Section 17 or 18 below)and the average daily balance in my Account is$20,000 or greater for the 12 monthly billing cycles up to and including my anniversary month. For theefrom the previous 12 monthly billing cycles and daily ifor Line of Credit vide the total by 12 Advancess and Fixed Rate Advances SECTION 8: ADDITIONAL OTHER FINANCE CHARGES AND CLOSING COSTS I agree to pay upon the opening of my Account the other FINANCE CHARGES and other charges that are enumerated and disclosed on the attached final HUD Settlement Statement which is integrated by reference into this Agreement. SECTION 9: ADDITIONAL FEES,COSTS AND CHARGES In addition to the FINANCE CHARGEwhiS will closing wed once barged to my Account.a to pay the following non- refundable fees,costs and charges, LATE CHARGES of five During the Draw Period,I will pay a late charge equal tohe greater more than dollars days 5.0pas0)or five percent(5% of the Line of Credit Minimum Monthly Paymentif my payment s or five During the Repayment Period,I will pay a late charge equal to the greater of five dollars t$5.00)re than 10 days cent (5%)of the sum of all Fixed Rate Advance Minimum Monthly Payments if my payor past due. PREPAYMENT FEE I agree to pay a prepayment fee of$500.00. This fee will be due and payable in full at any time within the first ment if I close my Account (for any reason other than default due to non- years from the date of this Agree 7/l5 wells Fargo Home Equity Account Agreement payment,casualty loss,refinance with you or your affiliate,or termination by the Bank). If my Account remains open (is not closed or suspended under Section 17 or 18 below) for more than 3 years from the date of this Agreement, no prepayment fee will be assessed. No tender of a prepayment of all amounts due under this Agreement shall be effective unless and until such prepayment is accompanied by the applicable prepayment fee. OTHER CHARGES To the extent allowed by law,I agree to pay the following fees if I request or authorize these additional services: (a) Fax Fee: The Bank will charge a fax fee in the amount of$10 if I request or authorize others to request any document or letter to be transmitted by facsimile(fax)machine. (b) Research Fee and Photoconv Fee: The Bank will charge a research/photocapy fee ank research my y the amount of Account or provide per photocopy if I request or authorize others to request that the B photocopies of Account documents for any purpose other than a billing error inquiry. (c) Reconveyance or Satisfaction Fee: The Bank will charge reconveyance and satisfaction fees as allowed by applicable law. (d) Stop Pavment Fee: The Bank will charge a stop payment fee in the amount of$25 if I request or authorize others to request that the Bank stop payment on a draft I have used to request a Line of Credit Advance. (e) Return Pavment Fee: The Bank will charge a return payment fee in the amount of$25 if I make a payment with a check,or by any other method,which is not honored for any reason. (f) Overlimit Fee: The Bank will charge an overlimit fee in the amount of$25 for each billing cycle in which I have exceeded my credit limit or have requested an Advance that would have caused me to exceed my credit limit. (g) Return Advance Check Fee(insufficient funds: The Bank will charge a return advance check fee in the amount of$25 for each check or draft used to request a Line of Credit Advance that is returned unpaid (dishonored)by the Bank due to the requested Advance not meeting all requirements of this Agreement. SECTION 10: COLLECTION COSTS AND ATTORNEY'S FEES If I am in default, I will pay the Bank's collection costs, attorney's fees and other expenses of enforcing the Bank's rights under this Agreement and the Security Instrument,unless prohibited by applicable law. SECTION 11: METHOD OF PAYMENT The Bank will provide me with a monthly billing statement and automatically charge my qualified deposit account(under the terms of a separate written Authorization for Automatic Transfer)for the Total Payment Due. rtrwill annual a separately. If I owe (othert collect these amounts by usingn Automatic Payment, owe past due amounts on Account, Bank no and I must pay them separately. SECTION 12: SCHEDULED PAYMENT DUE DATE My monthly payment due date for my Total Payment Due is the 20TH day of each and every month during both the Draw and Repayment Periods. SECTION 13: MY PROMISE TO PAY I promise to pay to the order of the Bank the total of all Advances which I receive or which I authorize to be made from my Account. I promise to pay the total of any FINANCE CHARGE, plus all amounts past due, overlimit amounts,and any late charges,fees,other charges and other obligations charged to my Account under this Agreement or the Security Instrument. All payments made under this Agreement will be made in U.S. Dollars. I will not mail any cash payments to the Bank. I may not use Advance request checks to make payments on my Account. on The Bank y, at its in order re assure that hold a portion of check or other paymentli cr ditent is yhonored.Accnt up to the amount of any payor wells Fargo Home Equity Account Agrcement I will make payments at the Bank's address for receiving a payment, as indicated payment coupon and billing statement, unless another payment method is authorized by the Bank. Eachh noonn-electronic payment I make will be accompanied by the remittance portion of my billing statement. 1 understand that payments I make by mail or payment coupon ail to the address indicated on my billing state ived(inc ss days,Sundays,and holidays)if the Bank will be credited to my Account as of the date rece receives the payment prior to 5 p.m.local time for the payment addre qualified account("Automatic Payments")pursuant to an Authorization for Automatic Payments I make from a q Transfer will be credited to my Account on the date received(including Saturdays,Sundays,and holidays). payments I make at a Bank branch and received prior to established cut-off times will be credited to my of this rule,a business day includes any Account on the business day the payment is received by the Bank. For purposesBank branch received on a Bank observed holidays.day other than Saturdays,Sundays,a holiday or after established cut-oments ff timesewill be credited as of the next Saturday, Sunday, or Bank obs business day. Payments I make online,by ATM,by telephone,or by any other means the Bank may make available to me and received prior to established purposes Of this rule, business day includes any day other than Saturdayiness day the s Sundays, to my Account on the bus received al the Bank. For purp ATM,by telephone,or by any other means the Bank may make and federal holidays. Payments made online,by available to me received on a-Saturday, Sunday, or federal holiday or ager established cut-off times will be credited as of the next business day. payment or authorize others to make payment for the by means of a single aggregated payment, I will not make payor payment is made in compliance which includes payments for this Account and any otheentscoant(s),unless the p yin with the Bank's requirements for multiple account payor t late ayments,partial payments,post-dated checks,or any form of payment containing a The Bank may accept P nce restrictive endorsement, without losing anen fthe Ba in full or words to that effect, wilAgreement. not constitute Bank's accord aand of checks or money orders labeled"payorend to ondition a satisfaction nor a waiver of any rights the Bank has to receive full payment. if I instrucint tions,I will clearly set out pay the Account in full with less than the total amount owed,or give paymenty payment, and mail both to such intention, conditions and instructions in a separate letter accompanying m Wells Fargo Bank,N.A.,P.O.Box 2993,Portland,OR 97208. SECTION 14: TAX DEDUCTIBILITY I understand that I should consult a tax advisor regarding the deductibility of interest and charges under my Account. IT QUALIFICATIONS AND CREDIT nc1�POR TS SECTION 15: REEVALUATION OF CREDuding edit My signature on this Agreement authorizes the Bank to obtain credit information about bureau reports,at any time. Such credit bureau reports may be(c)gtalung nYested or ucolin ecticonnection on action, or )aany other or extension of this Agreement, (b) review of my legitimate purposes associated with my Account. I agree to submit current financial information to the Bank te my credit upon the Bank's request.experience with me sand myA reexamine others,to the extent allolifications wed by aw.t any time.. The Bank may report its expen SECTION 16: PAYOFF BALANCE INFORMATION The Bank will tell me the balance required on any given day to pay off my Account in full,if I so request. If such request is made on my behalf by an escrow holder, settlement agent or other third party receipt my behalf during the Draw Period,the Bank may immediately freeze my Account. I agree e tha,f the Bank's be considered to be a request from an escrow holder, settlement agent or other third party on myWells Faro Home Equity Account A Bement ile my Account is en,I cannot receive request by me to suspend credit privileges aid any Advancetrequest checks the Bank ezceives and will refuseto Advances and the Bank will return P Account. This payoff freeze will be lifted and my Account honor any other Advance request made on my in which event require reopened if the request for escrow holderff balance,settlement agentis tionor other third party on my behalf that the escrow written confirmation from or other settlement has been cancelled. SECTION 17: DEFAULT of this Agreement for any outstanding balance,or(b) I will be in default if(a)I fail to meet the repayment terms Bement, or (c) any action or there is fraud or material misrepresentation by me rn tconnection e Property,ston includiwith ng without limitation,transfer of the inaction by me adversely affects the Bank's security g Property without the Bank's consent,failure to main or ntain required insurance e deas,rev th of any persoquired n who has socatiigned termination of any revocable trust that is an owner of the Property or, credit extended by a this Agreement,or(d)I am an executive officer of the Bank and federal Section .5(d) lawof Federal Reserve Regulation O(12 C its executive officer,)),pts orrtng r quiresiut limitation mmediat payment of my entire Account balance. CFR§2]5.5(d)( )),P close my Account If I am in default,the Bank,subject to applicable law,may do any or all of the following: (a) immediately, without notice; (b)return unpaid any outstanding Advance request checks drawn on my Account enc of the and refuse to honor any other Advance request made on my Account;and(c)require under immediate pa Instrument,the entire balance of my Account, and, if I fail to pay, exercise the Bank's rights Y which may result in the loss of the Property. If I am in default,the method of determining the Dail Periodic Rate and corresponding ANNUAL PERCENTAGE RATE will remain as described in this Agreement. The Bank and I agree that notwithstanding any other provision of this Agreement or the Security Instrument,the Bank will have the rightYP to terminate or suspend my Account to the extent permitted b applicable law. SECTION 18: CLOSURE OR SUSPENSON OF ACCOUNT,REDUCTION OF CREDIT LIMIT;REINSTATEMENT OF CREDIT CLOSURE OR SUSPENSION OF ACCOUNT RE,U,ll and ending a geed leOF tter to the ON Ba1T BY o the BORROWER Any one Borrower can close the Account by paying that the Account g a t be closed. Any one Borrower may indicated on my monthly billing statement requesting sending signed letter to the Bank at the terminate the Advance feature,at any time during the Draw Period,by g tion of the Advance feature. To address indicated on my monthly billing ostatement rig iheeDraw Period,the ng the aBank will require all Borrowers to reactivate the Advance feature on the month] billing statement. sign a written request and mail it to the address indicated on my Y g IT IT Y BANK CLOSURE OR SUSPENSION th BACCOUNT r kCONsuspends or freezesZEDUCTlmy OF pr)reducIes myBc edit mit as required I will receive a written not under applicable law. The notice ]mit I agreehto send as)for such written request ot(the Bank at therf I wish to reinstate address specified on my Account or increase my creditth satisfactory evidence to the Bank that the my monthly billing statement,signed by all of the Borrowers,longer exist(s). I also along wiagree to provide the Bank reason(s) for suspension or reduction of my request. promptly with any additional information necessary to support m Y re q suspend the use of my Account and temporarily prohibit future Advances during the Draw The Bank may P ng without Period,or the Bank may reduce my credit limit, for any reason permitted by applicable law, incaladtherein, (b) limitation, (a) if the annualized Daily Periodicfinancial ucte equals umst ncesrthat theBank reasonably Lifetime believes will make me es there is any material change in my the value of the Property unable to fulfill my repayment obligations under this Agreement, (c) Y m failure to comply with any significantly below its original appraised value, as determined by the Bank,(d) material obligation under this Agreement or the Security Instrument, (e} a regulatory authority has notified the Bank that continued Advances would constitute an unsafe and unsound business practice, (f) 1 am in default government action P revents the Bank from imposing the ANNUAL under Section ]7 above, or (g) g Wells F PERCENTAGE RATE provided for in this Agreement or impairs the Bank's security interest in the Property, such that the value of the security interest is less than 120 percent of the credit limit. In the event of a suspension of my Account, the Bank is authorized to obtain such information as may be required by the Bank,including without limitation,credit reports and appraisals of the Property,to evaluate any request by me to reinstate the Account. To the extent permitted by applicable law,I agree to pay to the Bank the cost of obtaining such additional information. If my Account is closed or suspended for any reason, the Bank may return unpaid any outstanding Advance request checks drawn on my Account and refuse to honor any other Advance request made on my Account. I will continue to be responsible for full payment of the balance of my Account as well as all other Account obligations,according to the terms of this Agreement. SECTION 19: FURTHER ASSURANCES I agree that I will take any steps,including but not limited to,signing,filing or recording any documents,which are necessary or which the Bank deems appropriate, to be sure that my obligations to the Bank under this Agreement become and continue to be secured by the Security Instrument. SECTION 20: CHANGE IN RESIDENCE OR OWNERSHIP OF THE PROPERTY I agree to notify the Bank immediately if(a) the Property is my primary residence and I cease to live in the Property as my primary residence, or(b)there is any change in the ownership of the Property. 1 agree that my Account shall be closed and that the entire outstanding balance of my Account shall be due and payable immediately on any sale or other transfer of the Property,unless prohibited by applicable law. In this regard,I understand that my Account is secured by a Security Instrument containing the following or a substantially similar provision: 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 13 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. SECTION 21: CHANGE IN TERMS To the extent allowed by law, I agree that the Bank may make certain changes to the terms of this Agreement at specified times or upon the occurrence of specified events. The Bank may make insignificant changes, such as changes in the address for payments,billing cycle dates,payment due dates, day of the month on which Index values are determined, Index or interest rate rounding rules, and balance computation method (if the change produces an insignificant difference in the interest or FINANCE CHARGE I am required to pay). The Bank may also make changes that will benefit me,such as additional options or a temporary reduction in rates or fees. In accordance with federal law,the Bank may also change the Index and Margin used to determine the ANNUAL PERCENTAGE RATE(S) that apply to my Line of Credit Advances and/or Fixed Rate Advances if the original Index is no longer available. The Bank may make any of the changes discussed above without my consent, unless applicable law provides otherwise. The Bank will give me any notice of change that is required by law. I may also agree to changes in writing. SECTION 22: WAIVERS BORROWER'S WAIVERS I waive my rights to require the Bank to do certain things. Those things are: (a) to demand payment of amounts due (known as "presentment"); (b) to give notice that amounts due have not been paid (known as "notice of dishonor"); (c)to obtain an official certification of nonpayment(known as "protest"). Anyone else who agrees to keep the promises made in this Agreement,or who agrees to make payments to the Bank if I fail to keep my promises under this Agreement,or who signs this Agreement to transfer it to someone else,waives these rights. These persons are known as"guarantors,sureties and endorsers." BANK'S NON-WAIVER The Bank may fail to make use of any of its rights under this Agreement or the Security Instrument or under applicable law on one or more occasions, or delay or partially exercise such rights, without waiving any of its rights or amending any of my obligations. The Bank may fail to make use of any of its rights or delay or partially exercise such rights against one party, without waiving any of its rights against any other party to this Agreement. SECTION 23: GOVERNING LAW; SEVERABILITY All interest,fees and other amounts charged or accruing in connection with this Agreement which are considered "interest"within the meaning of Section 85 of the National Bank Act(12 USC§ 85; 12 CFR 7.4001(a))shall be governed by and interpreted under South Dakota law. In all other respects, this Agreement and all related documents, as well as the rights, remedies, and duties of the Bank and the Borrower(s), shall be governed and interpreted by federal law with respect to national banks and, to the extent not preempted by federal law, the laws of the state in which the Property is located. If any provision of this Agreement or the Security Instrument is determined to be invalid or unenforceable by a court of competent jurisdiction, the rest of this Agreement will remain in full force and effect and enforceable according to its terms. All references in this Agreement to the singular shall include the plural and vice versa. SECTION 24: LOST OR STOLEN ADVANCE REQUEST CHECKS;BILLING ERRORS LOST OR STOLEN ADVANCE REQUEST CHECKS(WHERE AVAILABLE);BILLING ERRORS I will immediately contact the Bank at the phone number on my monthly billing statement and confirm by letter if any of my Advance request checks are ever lost or stolen,if there are any errors in my monthly billing statement, or if I suspect any unauthorized use of my Account. The Bank will not return to me my cancelled Advance request checks or other Advance request instruments after paying them. The Bank will make available photocopies of my Advance request checks and other Advance request instruments upon request. I will examine my Account statements promptly in order to identify any improper or unauthorized entries. In consideration for the Bank's payment of each Advance request check,I agree that even though I will not receive the original Advance request checks, all time periods under the Uniform Commercial Code(UCC) for examining my monthly billing statement and reporting improper entries, including the UCC's statutes of limitation with respect to forged, unauthorized, or missing signatures or endorsements, will begin from the time my Account statement is first sent or made available to me. UNAUTHORIZED TRANSACTIONS I will notify the Bank if someone has transferred, or may transfer money from my Account without my permission,or if I suspect any fraudulent activity on my Account. I can call the Wells Fargo Phone Bank at the telephone number on my monthly billing statement,anytime,24 hours a day,7 days a week,or advise my local Bank branch office. I may also send written notice to the Bank at the address indicated on my billing statement. Billint Ri¢hts-Keen This Notice For Future Use This notice contains important information about my rights and the Bank's responsibilities under the Fair Credit Billing Act. , Notify The Bank In Case Of Errors Or Questions About My Bill If I think my billing statement is wrong, or if I need more information about a transaction on my billing Wells Fargo Home Eauitv Account Aemement statement, I will send a letter on a separate page to the Bank, as soon as possible, at the address listed on my billing statement. The Bank must hear from me no later than 60 days after the Bank sent me the first billing statement on which the suspected error or problem appears. I can telephone the Bank, but doing so will not preserve my rights. In my letter,I will provide the Bank with the following information: • My name,Account number and daytime phone number,and • The dollar amount of the suspected error,and • A description of the error and explanation,if possible,as to why I believe there is an error. If I need more information,I will describe the item I am not sure about. If I have authorized the Bank to pay my minimum monthly payment automatically from my checking account at the Bank, I can stop the payment of any scheduled automatic payment if I believe a billing error has occurred. To stop the payment,my letter must reach the Bank at least three business days before the automatic payment is scheduled to occur. My Rights And The Bank's Responsibilities After Receipt Of My Written Notice The Bank must acknowledge my letter within 30 days,unless the Bank has corrected the error by then. Within 90 days, the Bank must either correct the error or explain why the Bank believes the billing statement was correct. After the Bank receives my letter, the Bank cannot try to collect any amount I question, or report me as delinquent. The Bank can continue to bill me for the amount I question,including finance charges,and the Bank can apply any unpaid amount against my credit limit. I do not have to pay any questioned amount while the Bank is researching my Account,but I am still obligated to pay the parts of my bill that are not in question. If the Bank finds that a mistake was made on my billing statement, I will not have to pay any finance charges related to the questioned amount. If the Bank didn't make a mistake, I will have to pay(mance charges, and I will have to make up any missed payments on the questioned amount. In either case,the Bank will send me a statement of the amount I owe and the date that payment is due. If I fail to pay the amount that the Bank determines I owe,the Bank may report me as delinquent. However, if the Bank's explanation does not satisfy me and I write to the Bank within ten days telling the Bank that I still refuse to pay, the Bank must tell anyone the Bank reports me to that I have a question about my bill. And,the Bank must tell me the name of anyone the Bank reports me to. When the matter has been settled between the Bank and me,the Bank must tell anyone the Bank reports me to that the matter has been settled. If the Bank does not follow the above rules,the Bank cannot collect the first$50 of the questioned amount,even if my billing statement was correct. SECTION 25: NOTICES Unless applicable law requires a different method, any notice that must be given to me or to anyone else who signs,guarantees or endorses this Agreement may be given by trailing it to my address as set forth above in this Agreement, or to a different address if I have property notified the Bank of that different address. Any notice that I may send to the Bank must be given by mailing it to the Bank at the address provided on my billing statement, unless the type of notice is more specifically addressed in this Agreement and a different address is provided herein. If I contact you by phone, I acknowledge that telephone calls between me and the Bank or any of the Bank's affiliates may be monitored and recorded by the Bank or the Bank's affiliates to ensure that my inquiries are handled promptly,courteously and accurately. I agree that the Bank may contact me by telephone. I agree to accept calls from the Bank at any telephone number that I provide to the Bank. Wells Fargo Home Equity Account Agreement 1 agree to accept calls from the Bank or the Bank's designated representatives which begin with a verbal statement or tabbed message identifying the call as a business call from the Bank. I acknowledge and understand that some of the telephone calls between me and the Bank may be monitored and recorded to ensure that the Bank handles these calls courteously and accurately. SECTION 26: ADDENDA I agree to the following attached addenda,modifications or amendments: N/A SECTION 27: STATE DISCLOSURES NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. THIS AGREEMENT, THE SECURITY INSTRUMENT AND THE CLOSING DOCUMENTS EXECUTED HEREWITH CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO -UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES RELATING TO THIS AGREEMENT. NOTICE TO THE BORROWER DO NOT SIGN THIS AGREEMENT IF IT CONTAINS BLANK SPACES. ALL SPACES SHOULD BE COMPLETED BEFORE THIS AGREEMENT IS SIGNED. READ THIS AGREEMENT BEFORE SIGNING IT. ACKNOWLEDGMENT I have received, read and retained a copy of this Wells Fargo Home Equity Account Agreement and Disclosure Statement (the "Agreement"), the Security Instrument, the Agreement to Provide Insurance, and the HUD Settlement Statement provided to me at the closing, all of which I agree to by signing this Agreement. The HUD Settlement Statement is incorporated into and made a part of this Agreement. I acknowledge receipt of the Wells Fargo Home Equity Account Important Terms disclosure and the home equity brochure when I applied for this Account. In addition, I hereby agree that the terms of this Agreement replace the terms of any prior oral or written agreements between the Bank and me about this Account, including, for example, any and all commitment letters and pre-approval letters between the Bank and me about this Account. (27t� (Seal) 7 BORROWER DATE SIGNED ANN M.B $ Seal �d ` c�� —O7 BORROWER DATE SIGNED JERRY W. ATES (Seal) BORROWER DATE SIGNED Wells Fargo Home Equity Account Agreement BORROWER Seal DATE SIGNED Seal BORROWER DATE SIGNED (Seal) BORROWER DATE SIGNED (Seal) BORROWER DATE SIGNED BORROWER (Seal) DATE SIGNED Wells Fargo Home Equity Account Agreement 15115 ii111U1118111 moi�� oocumentcrrocessea 10-18-2007,i6:08:50 Reference uthorization for New Automatic Transfer We offer a convenient system that automatically debits payments each month from your checking or savings account. It will: • Eliminate the monthly check writing chore. • Save postage and the cost of checks. • Prevent lost or delayed payments by mail. • Have a record of payments on your bank statement. To take advantage of this service,complete the form below. FFinancial ansfer from: me on Account: Transfer to: Institution Name: Type of Account: Line of Credit x &TBANK Laan count Numbe Routing Transit Numbe Account Number Type of Account: Checking X Savings_ Name on Account:ANN M BATES Payment Options—please select one of the following options: If you sign this form and no payment option is selected below,the automatic transfer will be set up with the Regular Payment option. Check Payment Transfer Amount Selection O tions Additional Information Regular Amount determined under Available for Lines of Credit or Loans. The regular payment Payment the Note or Line of Credit will not be withdrawn from your account if the Line of Credit or Agreement. Loan is paid in advance. In that event,the regular payment will be withdrawn from your account on the next payment due date as shown on the statement. The regular payment amount will include credit insurance premiums and annual fees,if applicable. Regular Amount determined under Available for Lines of Credit or Loans. The regular payment N/A Payment, the Note or Line of Credit amount will include credit insurance premiums and annual plus Agreement,plus fees,If applicable. additional additional. principal Fixed The fixed amount of Available for Lines of Credit only. The greater of the regular N/A Amount $ payment amount or the fixed amount will be withdrawn from your account. Itwe authorize Wells Fargo to originate debit entries in the form of automated clearing house(ACH)transfers or other automatic transfer from the account identified in the section entitled"Transfer From"for the purpose of crediting the account in the section entitled"Transfer To." I/we acknowledge that ACH transactions relating to my/our account must comply with the provisions of US Law and the Rules of the National Automated Clearing House Association. If the Line of Credit or Loan account's payment due date fails on a weekend or holiday,the payment will be credited as of the date due on the next business day. I understand and agree that the payment amount might vary with changes in escrow,principal,interest components,or other fluctuating costs,if applicable This authorization is to remain in full force and effect until Wells Fargo receives written notice of revocation at:Wells Fargo,P.O.Box 4233,Portland,OR 97208-4233, or notification by telephone at 1-800-869-3557,in such time and manner as to allow Wells Fargo a reasonable opportunity t t on it. I/we further ac owle a receiving as copy of this authorization. P�hir /L1 Y�aTt' s /0'0 7 -Sign re Customer—Printed Name (-J, Date 9stomer stom r-Signature �� ���� W 13c` S Custome —Printed Name Date EXHIBIT «B » EXHIBIT A Reference: Account: Legal Description: ALL THAT CERTAIN TRACT OF LAND AND THE IMPROVEMENTS THEREON SITUATE IN SILVER SPRING TOWNSHIP,CUMBERLAND COUNTY,PENNSYLVANIA,BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT A POINT ON THE ULTIMATE RIGHT OF WAY LINE OF TOWNSHIP ROAD NO.T-574,BEING 25 FEET FROM THE CENTER LINE THEREOF,WHICH POINT IS ON THE LINE DI.VIDING LOT NOS.4 AND 5 ON THE HEREINAFTER MENTIONED PLAN; THENCE BY LOT NO.4, NORTH 17 DEGREES 20 MINUTES WEST,250 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF ALEX F.DISANTO ET UX,SOUTH 72 DEGREES 40 MINUTES WEST, 125 FEET TO A POINT; THENCE BY SAME, SOUTH 17 DEGREES 20 MINUTES EAST,250 FEET TO A POINT ON THE ULTIMATE RIGHT OF WAY LINE OF TOWNSHIP ROAD NO.T-574; THENCE BY SAID RIGHT OF WAY LINE,NORTH 72 DEGREES 40 MINUTES EAST, 125 FEET TO A POINT,THE PLACE OF BEGINNING.BEINC LOT NO. 5 OF THE PLAN OF LOTS OF LAND OF C.R. SUNDAY,WHICH PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,IN PLAN BOOK 19,PAGE 5. BEING THE SAME PREMISES WHICH EARL HUNT AND NARY W. HUNT,HIS WIFE,BY THEIR DEED DATED AND RECORDED JULY,9, 1974 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK R,VOLUME 25,PAGE 734, GRANTED AND CONVEYED UNTO KENNETH L.HANDSHEW AND GERALDINE H.HANDSHEW, HIS WIFE, GRANTORS HEREIN. SUBJECT TO RESTRICTIONS,RESERVATIONS, EASEMENTS, COVENANTS,OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY. BEING THE SAME PREMISES CONVEYED TO JERRY W. BATES AND ANN MARGARET BATES,HIS WIFE FROM KENNETH L. HANDSHEW AND GERALDINE H. HANDSHEW BY DEED DATED 07/16/1996,AND RECORDED ON 07/17/1996,AT BOOK 142,PAGE 904,IN CUMBERLAND COUNTY,PA. Exhibit A,CDP.V 107/2004 1/1 Documents Processed 10-18-2007,16:08:50 FORM I Wells.Fargo Bank,N.A. IN THE COtJRT OI=COMMON PLEAS OF Plaintiff Ct.JMBERLAND COUNTY, PENNSYLV IA, f, m Z " vs. � r `T7 r Ann M.Bates, a/k/a Ann .Margaret Bates and Jerry W. l� — s2,(,$ Civil r— C, Bates CD _ Defendants _C_ :I-,.cz: Cril, 11 . NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE.' DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717) 243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Re ully ub ill Date V >Wature of Couns aintiffJ 14-103133 Page I FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑No❑ Listing date: Price$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? CO-BORROWER Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? INFORMATIONFINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes 0 No 0 If yes,provide names, location of court,case number&attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#l: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuft. I Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes❑No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes❑No❑ If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: 1/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) f Listing agreement(if property is currently on the market) 3 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFFS OFFICE OF CUMBERLAND COUNTY C IIwo*4 +~ = w THE PHOTHO'`�0c old/ SEP 23 BMKl:O0 CUMBERLAND UCOUNTY PENNSYLVANIA Wells Fargo BankN.A. vs. Case Numbe 2014-5208 SHERIFF'S RETURN OF SERVICE 09/09/2014 07:33 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Ann Bates, Wife, who accepted as "Adult Person E DIMARTLE, DEPUTY 09002014 07:33 PM - Deputy Jamie DiMartle, being duly sworn according to lawserved the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Ann M Bates at 332 Ridge Hill Road, Silver Spring, Carlisle, PA 17013. E DIMARTLE, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, September 11, 2014 RONNYRANDERSON, SHERIFF