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Supreme C "' ennsylvania Cour C ~IIliT]<O leas For Prothonotary Use Only. it Cbr�Sh t Docket No: (Q r.a Cud - land" �; County The information collected on this forth is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S [x Complaint ® Writ of Summons Petition �+ 0 Transfer from Another Jurisdiction © Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C Deutsche Bank National Trust Company, as Trustee et al Leslie Smith and Cindy M. Smith T Dollar Amount Requested: within arbitration limits I Are money damages requested? 0 Yes ED No (check one) Eloutside arbitration limits U N Is this a Class Action Suit? ®Yes El No Is this an MDJAppeal? 0 Yes B No A Name of Plaintiff/Appellant's Attorney: Edward J. McKee � 0 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 AAass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS IA Intentional Buyer Plaintiff Administrative Agencies M Malicious Prosecution ®Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ❑❑ Debt Collection:Other ® Board of Elections 0 Nuisance 0 Dept.of Transportation Premises Liability Statutory Appeal:Other S Product Liability(does not include mass tort) ® Employment Dispute: ® Slander/Libel/Defamation Discrimination C 0 Other: L Employment Dispute:Other © Zoning Board T Other: 1 ® Other: O MASS TORT E3 Asbestos N fj Tobacco ® Toxic Tort-DES _ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste El Other: Ejectment ® Common Law/Statutory Arbitration Bi Q Eminent Domain/Condemnation [j Declaratory Judgment 1 Ground Rent © Mandamus 0 Landlord/Tenant Dispute ®Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ©Quo Warranto 0 Dental ©Partition ®Replevin rLI Legal 0 Quiet Title ®Other: 0 Medical [3 Other: El Other Professional: Updated 11112011 STEVEN K.EISENBERQ ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) ' LESLIE J.RASE,ESQUIRE(58365) ANDREW J.MARLEY,ESQUIRE(312314) JACQUELINE F.MCNALLY,ESQUIRE(201332) 5 9 �+ � [3 THOMAS F.GALLAGHER,ESQUIRE(316368) ' F( kv STERN&E SENBERG,PC (31672 1) PEr ; ' fir`V� A}�'j 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 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3,Asset- Backed Certificates, Series 2005-OPT3, by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road Suite 100 Civil Action Number: West Palm Beach, FL 33409 (Plaintiff) V. Complaint in Mortgage Foreclosure Leslie Smith 101 S Enola Dr Enola, PA 17025-2707 And Cindy M. Smith 101 S Enola Dr Enola, PA 17025-2707 (Defendants) 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 6 1 objections to the claims set forth against you. 46 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. 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.EISENBERq 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 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3,Asset- Backed Certificates, Series 2005-OPT3, by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road Suite 100 Civil Action Number: West Palm Beach, FL 33409 (Plaintiff) V. Complaint in Mortgage Foreclosure Leslie Smith 101 S Enola Dr Enola, PA 17025-2707 And Cindy M. Smith 101 S Enola Dr Enola, PA 17025-2707 (Defendants) 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 YOU SHOULD TAKE THIS PAPER TO A derechos importantes para usted. 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 flame 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 HIREA LAWYER, THIS OFFICE AMYBEABLE TO PROVIDE YOU WITH INFORMA TION ABOUTAGENCIES THAT MAYOFFER 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 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3,Asset- Backed Certificates, Series 2005-OPT3, by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road Suite 100 Civil Action Number: West Palm Beach, FL 33409 (Plaintiff) V. Complaint in Mortgage Foreclosure Leslie Smith 101 S Enola Dr Enola, PA 17025-2707 And Cindy M. Smith 101 S Enola Dr Enola, PA 17025-2707 (Defendants) COMPLAINT CIVIL ACTION—MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3,Asset-Backed Certificates, Series 2005-OPT3, by its servicer Ocwen Loan Servicing, LLC (hereinafter referred to as "Deutsche Bank National Trust Company, as Trustee") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. 2. Defendants, Leslie Smith and Cindy M. Smith, are adult individuals with a last-known address of 101 S Enola Dr, Enola, PA 17025-2707. 3. On 07/30/2005, defendants, Leslie Smith and Cindy M. Smith, executed and delivered to Option One Mortgage Corporation a California Corporation mortgage upon the property 101 S Enola Drive, Enola, PA 17025-2707 (the "Property") to secure the payment of the sum of $52,500.00. The said mortgage is recorded in the Office for the Recorder of Deeds in and for Cumberland County on 08/15/2005, at Book 1918 at Page 3838, and is incorporated herein by reference as though set forth at length herein. A true and accurate copy of said Mortgage is attached hereto and made a part hereof as Exhibit "A". 4. Assignment transferring the mortgage originally with Option One Mortgage Corporation a California Corporation(Originating Lender) is as follows: i. Assignment from American Home Mortgage Servicing, Inc. as successor-in-interest to Option One Mortgage Corporation to Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2005-OPT3,Asset- Backed Certificates, Series 2005-OPT3, was duly recorded on August 13, 2008, at instrument 200827525, in the office of the Recorder of Deeds of Cumberland County, Pennsylvania. The recorded assignment is hereby incorporated by reference as a document filed with the County. ii. Corrective Assignment from Sand Canyon Corporation F/K/A Option One Mortgage Corporation to Deutsche Bank National Trust Company,As Trustee for the CertificateHolders of Soundview Home Loan Trust 2005-OPT3,Asset-Backed Certificates Series 2005-OPT3, was duly recorded 7/29/2014, instrument 201416535, in the office of the Recorder of Deeds of Cumberland County, Pennsylvania. The recorded assignment is hereby incorporated by reference as a document filed with the County. 5. Cindy M. Smith and Leslie Smith are the real owners of Property 101 S Enola Drive, Enola, PA 17025-2707. 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$869.20 due on December 01, 2013 and each month thereafter. 8. The following is due on the loan: PrincipalBalance:..........................................................................................$81,041.59 Interest To The Date Of 09/05/2014 ..............................................................$2,483.38 (At The Current Rate Of 3.62875%, Currently A Per Diem Of$8.17) EscrowAdvances:..........................................................................................$4,839.37 Bpos/Appraisals: ............................................................................................$200.00 PropertyInspection: .......................................................................................$121-50 TitleCosts: .....................................................................................................$625.00 ForeclosureCost ............................................................................................$238.09 Late Charges Accrued To 09/05/2014:...........................................................$142.68 (Late Charges After 09/05/2014 Shall Accrue At The Monthly Rate Of$35.67) Less Suspense Balance: .................................................................................($822.37) TotalDue: ......................................................................................................$88,869.24 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, Deutsche Bank National Trust Company, as Trustee requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property for the sum of$88,869.24 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. Respect ly Submitted: By: R_ -V -7 ❑ Steven K. Eisenberg, Esquire (75736) ❑ M. Troy Freedman, Esquire (85165) ❑ Andrew J. Marley, Esquire (312314) ❑ Thomas F. Gallagher, Esquire (316368) .9 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 tfreedman@sterneisenberg.com Date: ` Re: Leslie Smith and Cindy M. Smith 101 S Enola Drive,Enola,PA 17025-2707;Account XXXXX98181 VERIFICATION I,the undersigned, Jeanette Piccone ,of Ocwen Loan Servicing,LLC("Ocwen"),the duly authorized servicing agent for Deutsche Bank National Trust Company,as Trustee for Soundview Home Loan Trust 2005-OPT3,Asset-Backed Certificates, Series 2005-OPT3, 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. eane 1 Title: lracl Deutsche Bank National Trust Company,as Trustee for Soundview Home Loan Trust 2005-OPT3,Asset-Backed Certificates,Series 2005-OPT3,by its servicer Ocwen Loan Servicing,LLC ac( ��( 8' PREPARED BY: J OPTION ONE MORTGAGE CORPf P.O. BOX 57076 IRVINE, CA 92619-7076 ^UG 15 Pel 18 PROPERTY ADDRESS: 101 S ENOLA DR, ENOLA, PA 17025-2707 Loan Number: 151029748 In --,Z"v Servicing Number: 001805096-3 EAST COAST SETTLEMENT,LLC Parcel Number: 09-15-1291-079 341 NORTH SCIENCE PARK ROAD SUITE 205 L STATE COLLEGE,PA 16803 [Spare Above This Lme For Rw dmg DataL MORTGAGE THIS MORTGAGE("Security Instrument") is given on July 30, 2005 The mortgagor is LESLIE SMITH AND CINDY M SMITH ("Borrower"). This Security Instrument is given to Option One Mortgage Corporation, a California Corporation which is organized and existing under the laws of CALIFORNIA , and whose address is 3 Ada, Irvine, CA 92618 ("Lender"). Borrower owes Lender the principal sum of FIFTY TWO THOUSAND FIVE HUNDRED . . . AND NO/100THs Dollars (U.S. $52,500.00 )• This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 01, 2020 This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b)the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (e) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF. PENNSYLVANIA-Single Family Page 1 of 10 PAD10011."(03-24-05) BK 1918 PG 3 8 3 8 EXHIBIT LoanNumber: 151029748 Servicing Number: 001805096-3 Date: 07/30/05 which has the address of 101 S ENOLA DR, ENOLA [Street,City] Pennsylvania 17025-2707 ("Property Address"); [Zip Code] 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. ,1 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. COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property;(b)yearly leasehold payments or ground rents on the Property,if any;(c)yearly hazard or property insurance premiums; (d)yearly flood insurance premiums, if any; (e)yearly mortgage insurance premiums, if any; and(f)any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums.These items are called"Escrow Items."Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable 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 such an institution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is trade or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds,showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. Page 2 of 10 PAD 10012.wp(03-24-05) BK1918PG3339 Loan Number: 151029748 Servicing Number: 001805096-3 Date: 07/30/05 If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such ease Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first,to any prepayment charges due under the Note;second, to amounts payable under paragraph 2, third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,or applicable Law otherwise requires, insurance proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and then, at Lender's option, in such order and proportion as Lender may determine in its sole and absolute discretion,and regardless of any impairment of security or lack thereof: (i)to the sums secured by this Security Instrument, whether or not then due, and to such components thereof as Lender may determine in its sole and absolute discretion; and/or(ii)to Borrower to pay the costs and expenses of necessary repairs or Page 3 of 10 PAD10013.wp(03-24-05) $K1918PG3840 Loan Number: 151029748 Servicing Number: 001805096-3 Date: 07/30/05 restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment of security or lack thereof, use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such insurance is not specifically required by Lender, then such insurance shall (i) name Lender as loss payee thereunder, and(ii) be subject to the provisions of this paragraph 5. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowers Loan Application; Leaseholds. Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this property on the terms contained in the Note unless the property is to be occupied by Borrower as Borrower's primary/secondary residence. Lender makes non-owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this property as Borrower's primary/secondary residence and that Borrower will so occupy this property as its sole primary/secondary residence within sixty(60)days after the date of the Security Instrument. If Borrower breaches this promise to occupy the property as Borrower's primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies provided in the Security Instrument; (1)Declare all sums secured by the Security Instrument due and payable and foreclose the Security Instrument,(2)Decrease the term of the loan and adjust the monthly payments under the Note accordingly, increase the interest rate and adjust the monthly payments under the Note accordingly, or(3)require that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on non-owner occupied loans. Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate, or commit waste on the Property.Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest.Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purporting to affect the Property or any portion thereof or Borrower's title thereto, the validity or priority of the lien created by this Security Instrument,or the rights or powers of Lender with respect to this Security Instrument or the Property. All causes of action of Borrower, whether accrued before or after the date of this Security Instrument, for damage or injury to the Property or any part thereof, or in connection with any transaction financed in whole or in part by the proceeds of the Note or any other note secured by this Security Instrument, by Lender, or in connection with or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of Page 4 of 10 PAD10014.wp(03-24-05) BK 191BPG3841 Loan number: 151029748 Servicing Number: 001805096-3 Date: 07/30/05 action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable attorneys' fees, may apply such proceeds to the sums secured by this Security Instrument or to any deficiency under this Security Instrument or may release any monies so received by it or any part thereof, as Lender may elect. Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lender shall request. 7.Protection of Lender's Rights in the Property.If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate in effect from time to time and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. Lender may apply, use or release the condemnation proceeds in the same manner as provided in paragraph 5 hereof with respect to insurance proceeds. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the proceeds, at its option,either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. Page 5 of 10 PAD 10015.wp(03-24-05) BK1918PG3842 Loan Number: 151029748 Servicing Number: 001805096-3 Date: 07/30/05 11.Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)is not personalty obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to 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 under the Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Page 6 of 10 PAD 10016.wp(03-24-05) 9K1918PG3843 Loan Number: 151029748 Servicing Number: 001805096-3 Date: 07/30/05 18. Borrowers Right to Reinstate. If Borrower meets certain conditions, have the right to Borrower shall have enforcement of this Security Instrument discontinued at any time prior to the earlier of: ll 5 days (or such Other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security Instrument, including,but not limited to,reasonable attorneys'fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable taw. The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder. 20• Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of theProperty. Borrower shall promptly give Lender written notice of any investigation,claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Borrower shall be solely responsible for, shall indemnify,defend and hold harmless Lender, its directors, officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands, causes of action, loss, damage, cost(including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup or detoxification of the Property d ile of any closure, abatement, containment, remedial or other (requiredlan), exp noses nand liability directly nor indirectly arising out of or attributable to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances on, under or about the Property, (b)the transport to or from the Property of any Hazardous Substances, (c) the violation of any Hazardous Substances law, and (d)any Hazardous Substances claims. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and taws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. If any installment raider the Note or notes secured hereby is not paid when due,or if Borrower should be in default under any provision of this Security Instrument,or if Borrower is in default under any other mortgage or other instrument secured by the Pro and accrued interest thereon shall at once become due and ',all scams secured by this Security t except as o Payable at the on of Lender without prior notice, Oep therwise required by applicable law, and regardless of � Page 7 of 10 PAD 10017.wp(03-24-05) BK1918PG3844 Loan Number: 151029748 Servicing Number: 001805096-3 Date: 07/30/05 any Prior forbearance. In such event. Lender, at its option,and subject to invoke the power of sale and/or any other remedies or take anapplicable law, may then a thereafter Will collect all expenses incurred in r other actions permitted by applicable law. Lender to, n�sonable alto Pursuing the evidence. described m this Paragraph 21,includin attorneys fees and costs of title evidence. g,but not limited 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of the fee is permitted under applicable law. 23.Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws Providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24.Reinstftmeut Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25.Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26.Interest Rate After Judgment.Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27.Misrepresentation and Nondisclosure Borrower has made certain written representations and disclosures in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact, Lender, at its option and without prior notice or demand, shall have the right to declare the indebtedness secured by this Security Instrument, irrespective of the maturity date specified in the Note or notes secured by this Security Instrument, immediately due and payable. 28• Time is of the Essence. Time is of the essence in the performance of each provision of this Security Instrument. 29.Waiver of Statute of Limitations The pleading of the statute of limitations as a defense to enforcement of this Security Instrument,or any and all obligations referred to herein or secured hereby, is hereby waived to the fullest extent permitted by applicable law. 30.Modification.This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. 31. Reimbursement, To the extent permitted by applicable law, Borrower shall reimburse Trustee and Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the trust created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff demands and, statements of loan balance; fees for malting,transmitting and transporting copies of loan documents, verifications, full or partial lien releases and other documents requested by borrower or necessary for performance of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored check; fees to determine whether the Property is occupied,protected, maintained or insured or related purposes;appraisal fees, inspection fees, legal fees, broker fees, insurance mid-tern substitutions,repair expenses, foreclosure fees and costs arising from foreclosure of the Property and protection of the security for this Security Instrument; and all other Page 8 of 10 PAD 10018.wp(03-24-05) BK1918PG3845 oan Number: 151029748 Servicing Number: 001805096-3 Date: 07/30/05 fees and costs of a similar nature not otherwise prohibited by law. Permitted by applicable law, Borrow to Lender their fees in connection with Lender providing documents or services pp this Security Instrument, the Note, anBorrower shall pay y other note soured by this Security Instrument or any other instrumection ent executed by Borrower in connection with the Note or Security Instrument. 32,Clerical Error. In the event Lender at any time discovers that the Note, any other note secured b this Security Instrument, the Security Instrument,or any other document or instrument executed in ntesecconnection Security Instrument, Note or notes contains an error that was caused by a clerical mistake, calculati Y Is computer malfunction,printing error or similar error,Borrower agrees, upon notice from Lender, to re-execute an e documents that are necess on error, to Borrower for andamages to correct any such error(s). Borrower further agrees that Lender will not be liable Y ama es incurred by Borrower that are directlqr=XWy or indirectly caused by any such error. 33.Lost Stolen,Destroyed or Mutilated Security and theft or destruction of the Note, any other note secured by thi n Instrument, the Security Instrument o other documents or instruments executed in connection with the curityt Inst Other is In the event a the loss, the "Loan Documents" u _ nt ti any )> upon Borrower Le s receipt of an indemnification executed in favor of Borrowte or notes er by or, in the event of the mutilation of any of the Loan Documents, upon mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content Po Lender's surrender to Borrower of the identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan document replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Documents ntent may be treated for all and such purposes as the original copy of such Loan Document. , and 34.Assignment of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. Borrower shall have the right to collect and retain the rents of thePro and payable provided Lender has not exercised its rights to require immedirtY as they become due ate a by this Security instrument and Borrower has not abandoned the Property. p Pe rPayment in full of the sums secured 35. Riders to this Security together with this Security Instrument, the ee hunICUt.ants and ag eemen s of each sucders are h der shall inc and recorded and shall amend and supplement the covenants and agreements of this Securi a part of this Security Instrument. 1 be incorporated into ty Instrument as if the rider(s) were [Check applicable box(es)j ❑Adjustable Rate Rider ❑Condominium Rider ❑No Prepayment Penal Option Rider ❑neUnit Development 1-4 Family Rider �' p ❑Pland eopment Rider ❑Other(s) (specify) ❑Occupancy Rider El Page 9 of to PAD10019."(03-24-05) BK1918PG3846 ' Loan Number: 151029748 Servicing Number: 001805096-3 Date: 07/30/05 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) AH ' -Borrower tei(/ IS (Seal) _N�L LIESMIT -Borrower CINDY M S ITH -Borrower (Seal) (Seal) -Borrower -Borrower Certificate of Residence I, � "� , d reby certify that the correct address of the within-named Mortgagee is 3 Ada, Irvine, CA 92618 Witness my hand this day of3Aj 2K , Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the '�U day of 7�x r, before me, the undersigned officer, personally appeared known to me (or satisfactorily proven)to be the persons whose n e subscribed to the within instrument and acknowledged that -\>-A executed the same or a purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWht-LTH OF PENNSYLVANIA pelt Notarial Seal public �( Dean A.Cooke If,Notary ty Title of Officer State College Boro1 fes Dec.20 2808 My Commission Exp Page 10 of 10 PAD10020.wp(03-24-05) 8K 1918PG 847 f 1 � EXHIBIT "Aa LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southwest corner of the intersection of South Enola Drive and State Road; thence along the southern side of said State Road, North 69-3/4 degrees West, 142-1/2 feet to a proposed 16 foot wide street; thence along the eastern line of said proposed 16 foot wide street, South 04 degrees 30 minutes East, 113 feet to a point; thence along lands now or late of Edward B. McClure, North 86 degrees 30 minutes East, 128 feet to a point in the western line of South Enola Drive; thence along the western line of South Enola Drive, North 04 degrees 30 minutes West, 50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a frame dwelling house known as 101 S. Enola Drive, Enola, Pennsylvania. TRACT NO. 2 ALL THAT CERTAIN lot or piece of ground situate in Enola, East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a pin at the southwest corner of other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey; thence east and still other lands now or formerly of Norman F. Shuey, Jr.and Beatrice G. Shuey, 38 feet to a point at land now or late of Dora Rohn; thence south along line of land now or late of Dora Rohn, 50 feet to land now or late of Oliver Morgan, 60 feet, more or less, to line of land now or late of Charles Yoke; thence east along a drive leading to the State Road, 20 feet, more or less, to a point on the east side of said drive; thence north and along the eastern side of said drive, 34 feet, more or less, to the place of BEGINNING. BEING the same premises which Norma S. Deckard, Norman F. Shuey, III, Maria B. Elias, Mark G. Shuey and Norman F. Shuey, Jr. , PRINCIPAL, by his Agent, Maria B. Ellas, by deed dated September 27, 2004 and recorded September 28, 2004 in Cumberland County in4Doed Book 265 Page 2137 granted and conveyedt 1 *r i)AMb'111 9 IA Q Bot 91BPG3848 f� 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:April 30, 2014 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 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 EMERGE MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU EXHIBIT PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. t l , HOMEOWNERS NAME(S): LESLIE SMITH,CINDY M SMITH PROPERTY ADDRESS: 101 S ENOLA DR,ENOLA,PA 17025 MAILING ADDRESS: LESLIE SMITH 101 S ENOLA DRENOLA,PA 17025-2707 CINDY M SMITH 10 1 S ENOLA DRENOLA,PA 17025-2707 LOAN ACCT NO.: XXXXYX8181 ORIGINAL LENDER: OPTION ONE MORTGAGE CORPORATION CURRENT LENDER/SERVICER: DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2005-OPT3,ASSET BACKED CERTIFICATES, SERIES 2005-OPT3,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, X 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 property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE --Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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: 101 S ENOLA DR,ENOLA,PA 17025 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 12/01/2013 through and including April 30, 2014 as follows: Monthly Payments of$869.20 due on 12/01/2013 through and including 04/01/2014, inthe amount of................................................................................ $4,346.00 TOTAL OF PAYMENTS IN DEFAULT: .....................................................$4,346.00 Other Charges (Explain/Itemize): LateCharges: .................................................................................... $142.68 OtherFees Due: ............................................................................... $471.50 LessSuspense: .................................................................................. $(810.37) TOTAL OF OTHER CHARGES:..................................................... $-196.19 TOTALAMOUNT DUE: ..................................................................................$4,149.81 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 $4,149.81 ,PL US ANY MOR TGA GE PAYMENTSAND LATE CHARGES WHICH BECOME DUE 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: Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3,Asset-Backed Certificates, Series 2005-OPT3, 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: Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3,Asset-Backed Certificates, Series 2005-OPT3 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 THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & / R , PC BY: drew J. Marle , sq. Stern & Eisenbe , C 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. t � ' 'A Comprehensive Housing Counseling.Agencies PEIJNSYSYA}!la HOlISiNC FINANCE a�EllCY Agencias de Consejo al Cliente 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 Derry St ����-��.ca ctricoun l�•.org 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.cchra.com Carlisle PA 17013 Pathstone Corporation Pennsylvania 717.234.6616 1625 North Second St ww,,¢rural isc.orJpathstone_pa.htm Harrisburg PA 17102 Pennsylvania Interfaith Community Programs,Inc. 717.334.1518 40 E High St www.adanrscha.org Gettysburg PA 17325 Report last updated:4/30/2012 9:03:04 AM Prepare Date: April 25,2014 NOTE: NOTE:Many of the agencies offer workshops at various location sites;call to rind a location near you. St. Name and STERN& EISENBERG 14"•L " � U.S.POSTAGE PITNEY E Address 1581 Main Street,Suite 200r7 ofSender Warrington, PA 18976 4_ Line Article ZIP 18976 02 1VV Number 0001371685APR 30, SMITH Postage FCC LESLIE 101 S ENOLA DRENOLA,PA 17025 2 -2707 CINDY M SMITH D 101 S ENOLA o '�� ,ra 0'`� .:`. DRENOLA, PA 17025-2707 C3 3 .n Postage $ 4 ru cc Certified Fee 5 C3 Return Required) C3 (Endorsement Required) Postmark 0 Here C3 Restricted Delivery Fee 6 PHFA (Endorsement Required) M PO BOX 8029 r-9 Total Postage&Fees HARRISBURG, PA 17105-8029 U-) 7 C3 sent To -r �F&ijf r-q --------------LESLIE SMITH 8 C3 Or PO Box No. 101 S ENOLA ........ 9 DRENOLA,PA 17025-2707 10 JY Uy 12 13 C3 14 co Postage $ C3 Certified Fee 15 RE. ACTNOTICE r=l 6stm Return Receipt Fee IM (Endorsement Required) C3 Here Total Number of Total Number of Pieces C3 Restrictedalive Pieces Listed by Sender Postmaster,Per(N of Receiving Delivery Fee (Endorsement re Received at Post Office enl Required) Employee) C3 U1 r-q Total Postage&Fees 'Y. C3 §e5t�To ---------- CINDY M SMITH E3 or PO Box No.' 101 S ENOLA DRENOLA, PA 17025-2707 ------- Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF CE OF tHE w+!SF,IFF ! EO-UFFlCL T it. PROTHONOTARY 2014 OCT 13 kM 10: 07 CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company vs. Leslie Smith (et al.) Case Number 2014-5586 SHERIFF'S RETURN OF SERVICE 10/06/2014 04:35 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Cindy Smith, Wife, who accepted as "Adult Person in Charge" for Leslie Smith at 101 S. Enola Drive, East Pennsboro Township, Enola, PA 17025. 10 • 1421411111 IE DIMARTILE, DEPUTY 10/06/2014 04:35 PM - Deputy Jamie DiMartile, 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: Cindy M. Smith at 101 S. Enola Drive, East Pennsboro Township, Enola, PA 17025. IE DIMARTILE, DEPUTY SHERIFF COST: $60.95 SO ANSWERS, October 07, 2014 RONNY R ANDERSON, SHERIFF (c) CountySui.e Sheriff, Teleosoft.