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14-6340
t h Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: Cumberland County 7 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff s Name: The Bank of New York Mellon Lead Defendant's Name: Mark K. Meluskey C FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc., Asset-Backed T Certificates, Series 2007-1 I Dollar Amount Requested: ❑ within arbitration limits O Are money damages requested?: ❑ Yes ® No (Check one) ® outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Christopher A.DeNardo,Esquire ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT(do not imcludeJudgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not ❑ Employment Dispute: include mass tort) Discrimination E ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: ,r El Other: I ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial . ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D.NO. 78447 r CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D.NO. 312169 CHANDRA M. ARKEMA,ATTORNEY I.D.NO. 203437 ` 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 13-044677 The Bank of New York Mellon FKA The COURT OF COMMON PLEAS Bank of New York, as Trustee for the CIVIL DIVISION certificateholders of the CWABS, Inc., Asset- CUMBERLAND COUNTY -- • Backed Certificates, Series 2007-1 PLAINTIFF NO: VS. Mark K. Meluskey 125 East Springville Road Boiling Springs, PA 17007 ; DEFENDANT COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED 1N COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY(20)DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED,BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE(20)DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 1701.3 71.7-249-3166 SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO,ESQUIRE,ATTORNEY I.D.NO. 78447 CAITLIN M. DONNELLY, ESQUIRE,ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D.NO. 312169 CHANDRA M. ARKEMA,ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 13-044677 The Bank of New York Mellon FKA The COURT OF COMMON PLEAS Bank of New York, as Trustee for the CIVIL DIVISION certificateholders of the CWABS, Inc., Asset- CUMBERLAND COUNTY Backed Certificates, Series 2007-1 ; PLAINTIFF NO: VS. Mark K. Meluskey 125 East Springville Road Boiling Springs, PA 17007 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-1, the address of which is, c/o Specialized Loan Servicing, LLC, 8742 Lucent Blvd, Suite 300, Highlands Ranch, Colorado 80129, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Act Lending Corporation d/b/a Act Mortgage Capital, its successors and assigns Mortga og KW: Mark K. Meluskey (b) Date of Mortgage: November 16, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1976, Page 118 Date: December 12, 2006 r , The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Unrecorded Loan Modification Date Executed: July 14, 2009 A true and correct copy of the Loan Modification is attached hereto and marked as Exhibit "B" and incorporated herein by reference. (e) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-1 Date of Assignment: June 6, 2012 Recording Date: June 13, 2012 Instrument No.: 201217521 The Assignment(s) is/are a matter a matter of public record and are therefore incorporated herein as provided by Pa. R.C.P. No. 1019(g). 2. Plaintiff is either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3. The real property that is subject to the Mortgage is generally known as 125 East Springville Road, Boiling Springs, PA 17007 and is more specifically described as attached as part of Exhibit "A". 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Promissory Note"). A true and correct copy of the Note is attached and marked as Exhibit "C". 5. The name and mailing address of the Defendant is: Mark K. Meluskey, PO Box 149, Boiling Springs, PA 17007. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October 1, 2012 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of September 22, 2014: Principal Balance Due $118,628.30 Interest Currently Due and Owing at a variable rate $21,479.18 From September 1, 2012 through September 22, 2014 Escrow Advances $8,111.25 Property Inspection $173.10 Suspense/Unapplied Balance ($456.73) �T $147,935.10 9. Interest continues to accrue for each day that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorney's fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice pursuant to the Homeowners'Emergency Mortgage Assistance Act of 1983,35 P.S. § 1680.402c, et seg.,was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "D" in accordance with Pa.R.C.P. 1019(i). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11,No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9,together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: 1013 R BY: Att4 or Plaintiff E J.OSBORNE,ESQ S &D File No. 13-044677 4 R OF DF'., NOS CIEC 12 PM 1 94 Thtr lashumma Prepared By: Alter Recording Redan To: ACT ING CO TION D 8 A ACT MORTGAGE CAPITAL 481 S RPORATH P Y SUN IS RI 33325 Lo tube 0000169562 UrdformParcel IdwafterNumber: 40-28-2100-244 CROSS COUNTRY SETTLEMENTS,LLC Property Address: 125 EAST SPRINGVILLE' ROAD 7272 PARK CIRCLE DRIVE SUITE 325 BOILING SPRINGS, PENNSYLVANIA 17007-0 HANOAR,MARYLAND 21076 (Space Above Tris tins For Recorft Dotal ?AWGAGE PAN, DEFINITIONS Words used in multiple sections of this document ars da faW below sed other words are defined in Secdou S.11, 13,1g.20 and 21. Certain rubs regarding the uageof words mad is this doarmeal an also provided In Sacd 18. (A) "Security;nstrumame meow this docmneat,which is dated NOVE M RR 16, 2006 together with an Riders to this docament. (B) 'Borrower"b MARK K MELUSKBY, A MARRIED MAN Borrower is the aw"gagor under thio securl(y lestrmaent. (C) ohcm"is )Aortw ffi«vsmk Reglakatlm Systems,Inc. lt1ffits to a separate oorparation mat 4 actlgg solely us nominee for Leader"I,eadcr's macon+aors sod udgw.MM k the raerip"leder Ihk Security Ustrua d.MERSis wg=b*d and exla0rg aodar the hiwa of Det wore.and has an addreo and klephon m®ber of P.O.Box 2026,FILM,W 48501-2026,teL(00 6704ASRS. PEte/tsnvAraA-shote Fmly 000rsaoraa]Nrs aaoa�na: Femb MatJF�addM c�niFDRM plsrRUMEtIr-ntrRs ....ao.�tGrwn Farm 3039 01/01 Pape t or 17 UK 19 75 PG a I 18 tD) "Lender"is ACT LENDING CORPORATION D/B/A ACT MORTGAGE CAPITAL Lender is a FLORIDA CORPORATION and exbting under the laws of FLORIDA Lender'saddreasls 481 SAWGRASS CORPORATE PARKWAY, SUNRISE, FLORIDA 33325 (E) "Nott"means the promissory sole signed by Borrower fad dated NOVEMBER 16,. 2006 The Note states that Borrower owes Lender ONE HUNDRED TWENTY THOUSAND AND 00/100 Dolhn(U.S.f 120,000.00 )Phu hdtsI I. Borrower has promised to pay this debt to tetlldar Periodic Payeoenk and to pay the debt in fWi not hder(WR DECEMBER 1, 2036 (p) "Property"magas the property thet k deKdbedbduw wake 1!e boo taig'Trodw ofRtgbk is Beer hoperty." (c) "Lasn`roesasdie del*evideacedby&eNote,pimiair-.rmypsepgnmMdwgumdiatechargesdnaunda me Note,and all caner due under thk Secmky hoWmmt,niter bumreat. 00 "Riders'means RU Riders to lief SecurWbahvaeer that a s emsluted by Barrows.The f dlawteg Riders are to be executed by Borrower(check box as appllwbta): ® Adjustable Rate Rider ❑ flamed batt Dmkpmant Rider © Balloon Rider ❑ BMahty Payment Rider 1.4 Family Rider ❑ Second Home Rider ❑ Condomintam Rider ® Otbw(s)(specify] ADDENDUM TO ADJUSTABLE RIDER, PREPAYMENT RIDER TO SECURITY INST Oa "Applicable Law"mefms all coaMolBag appiRable federai,state and Ionl saruug,rtgaletlom,oedimmoea and adwiaistrstive nda sad orders(tiwt have the effect of Ina)as well ss fB fppttuble 9611,2o04pp6"16 j adtcial "C4z mparty Association Dues,Fees,and Assesrssts'tawny all dors,fan.aommegk and otherelsoxes that are imposed on Borrower or the Property by a aodoohiam assocJatic6,bomeownera mocldlaa or simliar organization, M "Kiectroak Fwtda Tramtfw"mem any truasfes of fmtb,athet than a a=aetlan oro ftA ed by check,draft. or dwilar Papa bL*m,eat,which k taltlated do mph an elecVatlic termled.telephoate ighrrmmmt eompater,or msgnedc tape so as to order,taatrnct.or sudwise a fisaadd tm ilWon to debit or credit to ate. Soch term includes,Mit Is not Umtted to,padnt of me traodaf.ardamsW oeBer mfchtr a traosactlom.tenders h Nsted by tdepbame,wire transfers,and aatometed dwb&me tneders. (L) "Escrow Items"mems those ltm that fn deenibed m Section 9. (" "Mboenmwaa pnoaeeda"means eqy mmpeaaaliaa.wdeme t.award of dsmatgef.or proceeds pdd by my tiled patty(other than Immaoce proceeds paid ander the ovnngee deKdW in Section 6)for: 0)dmnAr W or PENNSYI.VANLk—%VW Family aeeJMpof?Yata�ramaaarae Farxle MaslFndme Flea UNR&W INS7RUMENr•AAM wrw.d�sap�ewrr Farm 3039 01101 Page 2 01 17 tM� OK 1976PGO 119 dwftcdmp of,the Property:(11)condemaadan or OQkt Iakisg of all or soy Pat Of the Property;plQ cmvqm In Heu of cmdcmmtlao:or Rp9 mkaepreeeatadoos of,or oadedm as to.&a mm aad/cc aordidao of dee Property. M Marigrge iruuteasoe"warp hprtaea prof 11 laesderagataet me nospsym st of,or defaatt an.the Lou. (0) "Paioft Paymme mom the ragdarly acbWdW maw due for 0)pdedpd and Interest ander the Note. Phu pi)any amoaab under Section 3 of dds Searlty lwhwm eat. (P) 'RBSPA'mann tie Real Rote Settlement Procedures Act(12 U.S.C.92801 at seq.)and Ma imps ltog regrWlan,Regulation X(24 C.F.R.Part 3600),a dq mf&be needed from dw to time,or my additional or successor legIdatlon or regulation Out govesm tie stern mdpd setter. As mrd to tole Seoaeky fosatoaeat, "RESPA"refers to ill regnlremeob nd teetrkcd®s drt s"loopa+ed to regard to a'fedwWy related mortgage loft" even If the Loan dom not quality ae a"feberat�y saWW a:odguae ton"under RWA. (ty 'Sucommor fo lnknrt of BermW mass any party Nat las taken tide to the Property,whedw or not dial party has aaetrmed Borrower's dg*Wm m ceder t>m Nate aodlor this Security IaaCmaeat. TRANSFER OF RIGHTS IN THE PROPERTY 'This Searlty Inrtrmmeat secam to Lander: (Q the repqu ml of the Law.and ail rewwals,canal om and modtOratlons of the Note:sad 0 the Pwfwmum of BoaoeAV's covmaab rad agwmMts under tits SeCU* . k*umw and the Note. For dds purpose,Borrower does Iereby morov.gent and eoavry to hUMS(rolely as immmme for leader and Leader's strccmm and wsWA)and to the sacceseers and asrlgos of MEN duo buo*m deectMed property located to the COUNTY of CUMBHRLAND nr rofRwwdtasiwbaoomi lNaearR—&%lQMlmst Sly L@3cL DescRIPTIQl ATD%U=HOMM AND M Z9 A PART HBRIl F AS EKMlTT PA". A.P.J.: 40-28-2100-244 which currently has the address of 125 EAST SPRING vmu ROAR (saae0 SOILING SPRINGS pam" w" 17007-0 ('PwpenyAddrw"): '� fW c"dsi TOGBTHBR WfPH all the tmpemements now at hereafter cwW on the property, and all eaeemeab, apportea aces,and H:hms now or hereafter a pat of the property. All rsphcemea0 sad addiflow mall dw be covered by thb Seaotty Io*wmw.All of tie fmgokeg b r IWM to to ttrb SeWAty batrameM ea me"Pl""." Barmvrr anderahnda and agrees mut MARS hdds arty legal tille m me letasb grated tby Borm�b nab Sec�Ly Irmmnneft,bah tf nwomy to cznoy with law or otbI MM(m momisee for Leader and L>+adit's aoaeasors and uatgm)has me right:to emrdw airy arallof time toleesb,tacla&&but not llndted to,the d&to fore lm PENNSYLVAM -$aif*&Tf*d$$M F Fwmb arr�fr Doaaal{Met rant FarmN ao UIIIFURM MSTRUMEM•MERS rnw:a+anraAe esra Farm 3038 01101 Pays 3 of 17 V� BK f 976PGO 120 and aeB the Property;and to take aqy action regWW of l ebder ,bo sot Itrolled tD,reload%and db seenrity IeQtr.ment. BORROWER COVENANTS that Borrower b UWNUY ached of the cattle hereby msvayed and lug the tight to ma%W.graot and eoovey the Property and thou the Property b unencumbered,esogrt for eaturab rices of record. Borrower warraob and wM defend garra6y de We to tie Property sgatmi all ddan and demaodr.PA*d to any encumbrances of record. THIS SECURITYramumm ooarhleeeaafforataovenasttfasMbealrueasdmar aatformmveeantaalth limited vartwons by Jmbdictlm to ooh a Imran amity iratrtutenl cove fog teal property. UNIFOitM COVENANTS. Borrower and I mdet covenant and agreo as fubm: 1. PaymeatafPrlaelpal,lateral.Saa�rl6e�s,PsepwynhotCiaga.ad LateCharBea.Boaolterhlall pay when dun the prindpal of,and interest on,the debt evidenced by the Note aad aq pripsyssad chargea and Lee rouges due under the Note. Borrower mall also pay!rods nor F,acrow b mw pore to Swam 3. Paymmb dee under the Note and this Seasfty lmtramat shag be made to U.S.eareeaey. Efowever,if any check or other bstrumew received by Lender as payment ender the Nota or fib Seuvlty Inetramem is n8nsed to Lcadee-paid. Leader may require the any or alt subsegment prymu dam Lader tine Note and this Security lakmoa at be made in one or more ofthe following form,as by Ludes:(a)alb;0j)masg order;(c)eerdfled assert,beak clerk, fteanner's rhedr or cnbler'a rhedk,provided any amd+ehedc b drawn upon an kMbdlan whose depohih aro iseaued by a federal agenq,Instrumentality,or eaHty;or(d)Ekctrealc Foods Trawler. Paymmts am leaned received by Iarder wbw connived at the lotatos deeiglxtsd in the Note or at aawh other locatfao as may be daigulad by Linder to acc rda wi&eke nodce prwidms m Sec*n IB.Lender mmy mtum any payment or PAW pgmeat ff the payment or pa W paymemb are Isa>dSdesd to bring the Loma omreat.Gander may a-"any pgment or partial payment to bdag the Lam atrrteE,without waiver of a sy rlgba hrrsunder or prajadim to ib etgkb to r A sari pgneu or pared paymab to the fahn,bm Lander b enol obligatod to apply ruck payma*at the dm such prymmb are aoaepbd. If ask Perfodk Pgmmt b applied as of ft srbedided due dace,than I ceder gleed ser pay Ltertae oro WOPPLIed fbodr. Ganda tray bald sorb mopplied finds Imtt Borrower mak-payment to bring tbe Loss a:+trreat. If Borrower dons not do so wldlba a reason"period of time.Lander"dther apply mach folds or rebsa them to Borrower. le not applied aolier,maxi famda will& appried to the osMadiog primed bdanax mdtr the Note i®e&d*prior to faraxlorme. No offset or ddm which Borrower might have naw or In the fotaee agadmt Leader dog relieve Bocra4m from makhg Payoab doe vada the Note and tda Se a ffy lnatra®ent or performing the owmanb and agreements seamed by tMa Security Iraltratarmt. 2. Appbesdaa of Payment or Proceeds. Eaoept as oArswba dasafbod to ekb Secdos 2,ani pgymmfs accepted and applied by Leader"be app led in the fdlowlog order of prlatty: (a)1aeat dao fodw Ne Note; (b)pdadpd dace tinder the Naos;(c)smoaoafa dee ander section 3. Such paymesb thall be appded to exb Periodic Payment in the order in which it berme den. Any re adding smomts,ball be applled Aest to Isle charges,accord W any oelcer amounts doe ander deb Secsctly Instrument,and tom b reduce the puioatipal balance d the Note. If Lander rscam a payment from B otrowei for a de>i gseot Periodic Payment which mdam a a aafttut amount to pay any late charge dee,the pgment may be ippbled to the delhhgoest pgrteat and the lite ckage. If more than one Periodic Payment Is outsba Rog.Lender maty apply my Wood teodved faom Borrower to the repayment of the Periodic Payments if,and to the emelt that,Back peymeM eras be paid in fill. To the eaatisl that any excess adsb adtcthe payment Is applied b the M pgmerd of one or more PerbdfcPaymew,suck a+cen may iErIHSYLVANIA-SYtpta F mea1m1o1eO1smm aooara•rsea FartnN MNlRrdda A4c l FORM INSiRUWNT-MIRS Forth 3038 01101 Paye a of 17 6K1976PGQ121 be applied to any life charges due, Wunta ry prepayments ahall be applied first to any prepayment d a%w and dm as descrthed to do Note. Any application of paymeab,Insurance proceeds,or MbodWwm Froceede to principal due seder the Noce shell not extend or pos"m the dee data,or cbW the assort,of dhe Periodic Pglsend. 3. Fun&for Escrow Item. Bormwer aW pay to Leader on the dry Pet bdla Psrymeau are due tmdw do Note,until the Note b paid in fall,a sum(the'Fmb*)b provide for pgmt of amo is dai ter: (s)fazes aad auessmeob and other item wbfsb as attain priority over db SecarIV Inshwust a a Nei or moam6caooe as the Property;(b)leasehold pgmwm or grand toad on the Property,if airy;(c)pra dom for any and all%M'Uoe regatred by Leader nadef Section 5;and(d)Moshe Jonsmce peesnI ,if any,or cry sen My"by Borrower to Leach in lieu of the pgymest of Moreop lownsee povool mea in aacordroee With the pmvblons of Section 10. Tfeeseltansarocalied'BaaorFJtems'AtoftlospoeartmyMedrrlsgtrotam*MeLosa,Lesdermayrequire that Community Association Dues,Fees,and Anummmd,it my,be escrowed by borrower,and such des,her and assesu mb sling be as Escrow Item. Borrower*4 p omptl r ftsmbt to Ieada all notion at amosmh to be paid ander this Section. Bonm►er"pry Lender tient Funds for Esaw Itma Won;Lades walvs Bormwe's obligation to pay the Funds for any or in Escrow flow. Lesdv may waive Borrower's d0goon to pg to Lender Funds for srQt or sap Exrow Iterm at any tbae. Any such waiver may only be la wrhbag.H tie event of such watver, Borrower shag pay dkeesy,when and where payable,the senoras da for my Itwmw Boma for WW psymrot of Funds has been waived by I ender rod,if I eider rega6ses,dill tbtaask to lender race"evldmtlag such payment within sash time period as Lesdustapregatte.Boerasevr's ebBptlon to makezurh psysNMs and b provkie teoaipta aball far all ptupmes he deemed to be a covenant and speeamt eoafaiaed Is lith SO=*Instrument,as the phrase 'covenast and agremneat'is used In Section 9. If Borrows is obbVied to pay Eaaav rtrms ftwtty,parsout to a waiver,and Borrower fails to pay the amount dee for an RKmw Item,Leader mg eurelse Its rlglta alder Section 9 and pay such amoat ad Boaower shag&a be oblipabd order Section 9 to reply to I order cry aacb amoaat. Lender may mwke the waiver as to soy or an Escrow hen at any stone by a soft given h aceordroa win Season 15 and,upon Perch revocation,Borrower shall pay to Leader all Funds.and In sort amused,that are then regained under tirb Section 3. Leader my,at any time,called and hold Fronds In as among(a)xdfidew to pwa&Imdur to apply the Funds at the tttae specified ender RESPA,and(b)not to e=wd Ik—rh-m amus[a leader ear require waw RBSPA. I sender stLag eadmate the amount of Ronda dee ow the hi of aoveatt tan and rraaeseM eMlmats of aeptodllmes Of futUM Bscmw Items or etberWLe is aaoadnoe VA Appllahte 1AW. The Fends ding be held is an to mrtlos wise depodb are Insured by a fedent sgwT.6vram>mb]ity.or entity(includiag Lender,if Lender Is to lodl dos whose dopoefd are so imsa 4 or in ally Federal I1ome Loan Bank. Lander shall apply fbe Ronda to pay the Baaow Ibm no Leer than the Mme sperlBed under RESPA. Lander shall not d ge Borrower for bd tog and applying the Fends.&sally amlydog the wanes account,or vmtfytrtg the Escrow Itans,inks Leader pays Borrower lstwaat an Ae Funds ad AppHcWe Law panda Leader to make such a chuge. Undo as aptaw t b made b writing or Appliabie lav requirs interest to be paid on On Fmk, Lerch atoll crit be respired to pay Borrower any bteerst sx esasaegs on fie Broads. Borrower sad lends as agree to mlfiq,however,that interest shall be paid as see FUN& Lander shall give to Borrower,wdfbost charge,an some accoundag of the Funds as required by RBSPA. D there L a surpbu of Fends held in snow,as defimd coder RESPA.Lender shaD acmemt to Borrower for the exem bends io ammiance wM RBSPA. If these b a sratrtga adFunds held in escrow.a cid ud st sder RBSPA. Lander"ou*Borrower as required by RESPA,and Brsrm w still pry to Leader 6s amoant awwayto makh up the shortage to accord&=wnh RESPA,but in no more than 12 socad y peymots. If dmn b a deficiency of PENNSVLVAM - F Do~frau Fwvft=VAWrWmr MERS Fan 3039 01/01 erN INSTRUMENT- Pae e of 17 wt�v, asst 1976PGo122 t Q r q lilt - awl -,,I, Ha ilk; A kw IF Ir � Er s I >� ffirs,OR R tit, _ l $ v W� IL let- it rr Er g sga 8 B i MIMI1.1X11 ��.5�; ij j[F$l �l - � a B o g•Er ca rr rr PHs lt$ 641g ra HIM cyl . � � �. li g Eur g' Er IRm s IT � g � � asw c a ir i r'• to repair or restore the Properly,Borrower is sat relieved of Borrower's obllgstbn far the ooaFWm of xmh repair or restoration. I=derorIts sgmtmay rwheremmbaMemirfesrpoeand inspe omofdeProperty.Ififbas reaomaNecnne, Ltmder may inspect the Interior of Use lmprovemem on the Property.Leader shall give Borrower ootice at the time of or prior to such a Weft Inspection specifft such i--ad' came. S. Borrower's Lou AppPeadem Botrower shall be 61 decoct it,daring the Lan application prows. Sommeror aypersons or uWas saifng if Ute directim o£Bor vmotwhb bmmwrr skaowb*arcoardtgave M&Mdltly false,MWeadksg,of fnWCW to Information Of fMMob b Leader(or fined b pmvW Leader with material infumdloc)In ounowdon with Ike Lora. Material rap ameakdoos tadnds.but are not I'm to, ram Banower's oceapuq ddr Property m Bommer's principal insidenee. 9. Pr ametbn d ir mdse's bmmr M ka tar Property sad Mob[arca rain Secarity Lsh ummart. If(a) Borrower facts to petfam The convents and agroaraeab cmdahmed u thb Soeurky ho mwot,(b)there 1s a less] proceeding domWsig0codydredLender's interest Inthe Property m ordgbtsuodw&MSecuritylaRrummat (stair as a pmrtodbg is hmkrnpity,pmbdc,for rwrdemsaft or faddane,far mhrcamai of a Ila witch may stain pdarity over Ibis Seaafq lmteumem or to mtarca tares or teguldlow).or(c)Borrower las abandoned the Property,then Lender may do and pry for wbMever Is reasomrble or a"ropriste to proW Leader's 611011111 In the Property and dgkts main this Swuriy bstr med,Isdmdhtg peteging tailor ssni tg the vOm of the Property. end 3ecmbg sailor repdrh*the Pro". Leader']actions can Wale,batt are sot ILelkd to:(s)prying my sums secured by a lien wU&has pdottty over tlsb Security Iau bumot;(b)sppadeg fa court;and(c)paybtg rauaaahle atratreya'fees to protect Ib latertrth the Properp�arils�rids tfhfs Security Lanraseet,fadadl�ib ttalred position to a hanlreptcy pro ceding. Senublg ft Pro"facades,bet b not BmMed b,eneatag th Pmpaiy to make repairs,ckup locks,replace or bored up doors sed windows,drato wma from pfpfr,d isdmle bdldmg or other code vtadadom or dmere sm m oaadWooe,and hy idm tamed an or off.Althoagh lmdw may take action under tab Section 9,1 coder dors not have to do so and is tot md:r uy d*or obligation b do so.It b agreed the Lamle r metes no lisbWty for not taking any or all actions ssoltrined under ft Section 9. Any smomta dlsbtaaed by mderunder tots Sttctfan 9sthall beaonse adminldebtafBoreeweraenaedby Ude Security lnetrumeat. These amomts dell bear WWM of the Nate raft from t a ddeof Morseu at and shall be payable,with such In et.span notice from Lader to Borrower regains"payment, If this Security latr=mmt is on a leaehold,Borrower shall comply wt®all tie provisi i of&e lease. Borowershallnotsurrender(helmodW esMadfmt - bomb coaveyedortes:al o orem-Atheymmodlame. Borrower shall not,without the taWm written couaeet of Ludes,after or amend the ground lease. If Borrower acquires fee ode to Ow Property.the leasehold and the the title shall not merge mdas Leader agrees b the merger in wdtlmg. 30.Mortgagalwrraaoe.if leaderregadWMogWlre,rancessacmdWmofmakbtgtbelam,Bonvsrer s1n1k pay the premhms required to m dnb&dhe Mo,tgsge Immuram Is effed. If,for say slams,Use Mortgage ImusancecovmMerequhldbyLeadaatuesto besysYa6feflemthe snortaagetmarertort previouetypravideduth t.,.mme and Borrower was required to mdm separady dt dpmded pgzmb bwsrd the prmp®s for Mortssge Iawraaee,Sormwer shall pp the pslzaitrsm eegdted to obbb coverage enbstamdly egdnlaat to the McrgW Iosursuce prevfoualy io dRd.at a cost aubalu Ilbr agdnw to the cast to Burrower of the Matt W 1a0utaaoe prrAosrsly b effort,ham an alteruide matgtse lolra=aefecied by I.soder. if ta�mrtiaBj ogdvalest Martgsge Insurance coverage Is not available.Borrow:ball oosdome b pay to Coaster the amount of the sepsrab ly dedB,&d paymmts that were tine when Ike i mwm coverage versed to be is effect.Lader wW accept,use sad retain these peyrnenb as a me4dondaWe lou rmefve is 1ku o(1Koetgsge Iasmanoe Such Ion rem w shall be trop-sMfimdab11e, t+fleNSYEV tiA—Sk�a�iP'a Fntrr�M.NFndda hLo UMFOAM tNSiRUMENr•ACRS Fawn 3029 01/01 Yaps a of 17 OKI976PGO 125 '� - 9fil l i z s � Ila A $$ Mal s z Is Instrument,whether or not there due,wte the moxa,tf any,paid to Borrvm. ]4IIeeellaaeoas Proceeds da applied m the order provided for in Sedlm 2. In the event of a tow tsldng,deebudfoo,or loss in volae of the Property,the Mlbotlaaeora Peeds htD b sppDed to the sums seared by dads Seavfty Intdramoal,whether or not a n doe,frith the moods,mffoate,tpaid teo Borrower. In the event of a parol taking,dadrsctlm,or ion in vww of the pro In in which 0.fir marint valve of SP Y ahlj kbfare the patlal pklag,deetrr�o:,or Ian to value b equal to of g,,W thin&amount Of the am secured by rids Secmfty la11111meet i®edlM*before de P IW Wdr,&dw ft,or lora In vskae, unless Bolroweraad Lender otherwW agtne iawrlt46,Man=s orm, 6 O&SeWdty h don be tednced by the amomrl of the Masodlaatom Pmceeds by dk fdkwbg ftudbn, (a the coW sraorptt of the a®t seated ltamediately bdore the poral takhog,deahuab,p,orloms V v di+lded yy[b)far fatr arat}u vatae otthe hOPatSr rely before the patUd taldag,"tradlorr,of Ida In vahre.Any balaeci 264 he paid to Borrower. In the event of a partial taidog,dm6wOua,Of lop in vitae of LhaWkkb fair matloet volae d erty the Proplmme&'&Wy before the partW talbag,dembuctl a.or los to value is m the len da UnmmmA W- amowt Of fie saran wrf hthoMtaadirly before meoaahocepaw meQaalpEJ las in volae,wins Barrsore and Le>td[f oderwbe ar cwt the sums aro thea erre. ' °d to rte aetmed hY the Semrlty lartraoKat war If rho Pro"Is abandosed by Borrower,at 14 after notlos by Lander k Berl'that the UPp°slag P"(aa defined in the sat—ben-)Offen to make an award to*ode a dafm lar chargee,Borrower fags fa respond to Conder within SO drys after the date the mUce b given.Leader a orized aotltto colied and apply the hSneD,peartt Proceeds either to atmration or repatr Of the Property err to 160 cams seared by this Sersafty whgba a not then doe, aging Putt''mem the thW pally thM awns Bonvwrr against wbom Borrower has a fight of acts"in 1§asedd err the party rsg#td to ldLsoeBaaeom Proceeds, Borrower soil be In defanft K say actlm of pro°ee ft srbe"cN g or tUialral,b begun Upt,In Leadti'a Judgment,mall result in fodeiha+e of the Prop"or ober saws l impohmW of Leader's fqm mire or fights ander ftSeaaily Lmte®erk. BMO*e"—care each a dd-d(and,ita�Upq ha oocaeed,do as provided in Section is,by a uaing the sdios or ptonsdhrg to be dlamated wf&a nikg fast,In L wder's and -I.pneclades forfdtan of the Properly or AW m"W impahmeot Of Ira d,-m alerW In thepn or • righty.�this Seetatty Iaslev>rnrt. The prooeab ed cry prod a claim floc damage that aro to the )mpairnunt of Leader's tatesest to the Pmpdq•we hereby aalgned and ah.D be pold b leader. All hSLwdammu Prooeedf Ural are not ippW a resfaradon or eepaif Of the property IW W ayplled in the order provided for to Sectloo 2. 12. Gorr—Not Hal—W;Forbeaaraoe By Leader Not a Wafrer.Ii1 nMea ofd thme for payer or modi8catim of amcatt*&fi of far cams segued by this Secer4 LaMraateM Srsated try Lader b Borrower a say Sncoemar in Inteeeu of Borrower shalt not operate to telesse fe 11"lly of Borrower or ad SaoreaoM In iaterut of borrower. Lendershall rpt be req*W to oommaa proaelbp.VdM.r Stroce—Ic LrRdsM of Bor"' or to refine to extend ttme for ptrymeat of oth rwlfe modify amotdnUm of the sass aectaed by do Sem my b strument by mum ofany dmf and made by the orloW Barrorret or aayy Suocesots ra Iaterrp of Berranver. forbearance by Ieader In exerting any�t Or mn* without lhataUoo,I estdQf Any psymend from third peons,town or Suceaerors la LMftnst of of due,shall riot be a witver of or m or)n amorrols hat ihaa the amount tom . 11.Joint and Several �0de the amncLe of any eight err remedy. UwlBorrower'sobllgatloasaml - 'SaocspsaadAultpteBamd.Borrosyacavmaobaadagreef . ly .IOW ,duyew.HoweveraayBOfroaervrbocOsjVjUdsSemity PENM LVNaA�S F FamMMatlFeaAdNATraet"OFMINS1RUNgHr-MtiftS meWWtf�6faaaoararav fam 3099 01!01 Pap 1 a Of 17 �'�d�OrfplGoan rte+ BK 1976PGO 127 Off 1111T ng. r'e, �, `". URI € fie .1liqVilRat: - sI I • B st -, � . � Er ps � S g IND.. g $ s -- g j fit Jig & �- g $ � IIR, � g' p� e B B l AR [it Er g � �, `�c i su � �a a �� R � lis• RQ -� � � _ sr � � l tit r� Wq a F tit U 40 mit R a Ccor s ; 8 �A m i q. srr �. a A g information RESPA requires to connection with a nice of hands of servicing. If the Note is sold and thercofter the Loan is serviced by a Lawn Servicer otter fro the pu chwer of the Nate,the ma Age tan servicing ahlFgariom to Borrower will remain wtm the loan Sev*w or be Oraeldsasad tau successor Loam Servicer and am not aaameed by We Note purchaser sadess otherwise pr rMW by the Note purchaser. Neither Borrower oar Lender my commence.jo*or be)*IoW to any Judicial seem(s ddw sn badvfdwl Bttgsnt or the member of a claw)dW arise from the other par y's amour parmunt to this SecortyIoumreal or 160 a ages that the other party has any prods!-uhf,or oy duty awed by realm of,this Swtff y I&W=tn, omit slob Borrower orlerderhas soNRed tires odee:ptety(xdMasurhenotlaegiva fo oompEsnoewHh derequhemmY of Secdos M of such alleged breach and afforded tea other party bersto a raaaoable period dkr the gldog of sari notice to hire cwrmilve Amon. 9 Apptiable Law provides a Noe period wbkfi and dugs before oarnln arnos a■be taken,that time period will be deeesed to be reasonable for purposes of this paragraph. The entice of aoodeiatioo Are oppordmtly a sue gives a Borrower phI to Seder 22 and me arkm of acceleration Mm a Borrower to Section ISddbbedeemed todbfydonoftand apportmily Wake omecitmKdomprw6iom drib Sema;20. 2I.Hazardous Substances. As used lei this Semens 21: (a)%wardous Substances"sae Wove suhahncr� defied as to icor bazardoas substances,pdbdwb,or wsta by Eavbomheah!Late and the foibaabg substances: gasoline.kerosme,other tiAsmabba or cede pe"bans prodmch,trade pesticides ad herbicides.wdst0e wtvmts. c stafais eomtabdog asbeaoos or formaldehyde,sad radioactive nnEeriala:(b)"Environments!!Ater"meson federal lemsod laws oftheJurlsdlotlon wbmtbe Property bioaled did selakt o health,=&q oreuvtoareadtprotection; (c) "Enviroomernal Cleanup"f-1- s any response logon, reoedlal action, or removal action,as rie9sed in EwAroomeatal Law;and(d)an"Bavltasmeuhl CaeMdoo*means a tandWm tent an ohne,rsrutrWade to,or otherwise truer an Ewlronsaemial Cleemp. Borrawer3hwR sot case or permit the preseace,Use.dispossl,Aorsge.or rekAse of amyHa adorn Substances. or threaten to release say Hsxardora Sabshmoes,oar orb the Property.Borrower"not do,nor Allow ayame else to do,anything affectlsg the Property(a)that Is te via mem of any BovUaamestil Law.(b)which auto an Eavlronmeml Coodtdoc,or(c)which,doe to the presence,use,or tease of A Hmrdm Soh anee, Ins condition that adversely affectt the value of die Property. The preceding two aentetca stall not apply to the presence,ruse,or storage m the Property of scull qs Mes of Haardaas SWWances that are ges rigy recognized to be appropriate to normal raddeaf s am and in mtlmsance of the Prop"*Iodtmg,bed-sot BmlW to. hazardous 3ubsbneas in eoussuma products). Sorrvwershall promptly give Leader wridar notice of(s)any lovnUgstbo,Balm,demand.4wadt or other scU-by any governmental orregulgary Niearyasprhak WrtyWvotving the Propat9and myHazardous Srfroaooe or Enviromtenhl Law of wUd Borrower bs admin knowledge.(b)my Bsvko®mhl Cmditioe,PscGdfig but not IIMIW to.aniy spllltog,leaking.dlarhWV,rsleae or treat of MOM of ally Hazardous Subat m And(c)any condidom caused by tha premoce,use or release of a Hazardous Sehistaece wtor]adrerwy rn0, , ere val"of the Prope4. If.Borrower u ,err i3 noMed by any gmvanseabi or regulatory authority.or Any Peale ply thus say removalhmsor other sanedistim of any Haurdoa Sabehnce Wbcftg the Property Is neommy.Burrower sbaR promptly take all necessary remedial Adtona in accordance with Emv6msnah1 Law.Notht%herek:ball carate say o6Ugstton on Lender for on Environmental Cleaaap. NOMUMFORM COVENANTS. Borrower sed Lender farther aotmasmt and Wee as Ulm: 22.Aeodaatton; Remedies. Lender ahs/give duke to Borrower print to accelerative fdlowfog Borrower's brew&of aaycnveeaatoragreesmotinthis SearRylastrouniat(but notpaMra�ooderdimandet VENNSYLVANI dds. c UNIFORM nSTRUMENT_MM Do~474tona w Fannb MavFradaw Fame 3039 01101 Vapor 13 or 17 OK1976PGO130 Semon ig Unless Appkeable Law p—ldes at -Wn). Lantlar steal[aRlty Baerower of,ettmatg ober He 1p: (a)the default(b)the adios regattrd to Uma the delft(c)wire the daahilt nwd be eraad:aid(Q that failure to cute the dWiuk d specUbd asay rank h aooalara.. of be eros aeaeted by this &rSeauitx h9trument. eclosure by j%Mclal pword. Md wU eftlw PMrwty.Leidsrsbld hwdwrblfarm lartoaser of the right to releadde ad6et aooeleealMa sad awrt&beaaartii fheix.prowsij lira awn-w6kate of a dabtdt or any other defow d Bw own to mwdwa&w and[errdranre, if tie ddaadt is ear am d as apedBed.Labder at la apdou may require lmaadiafe paytreat-b M of aU sato saaared by tbb Secaft InruunmtwkkoutfmmtbwdemmdawA=ryhrecbaetilsSwnitylmk meotbyJiMdlrep iftg Leader ahaH be eggded b oaYaY a8 tstpmaee hwAnvd is pd a r saw peraidd Y Sk Swdw 22,hal Wb& but stat ksdbed to,atbraeys'face sad owb of d&aeldwor d ba cnM pe=khd by App&"Law. 23. Rdwm. Upon psymmt adaU at®agmed by tics Sewr*Latramw4 dds S*uw*lmo:wwW end the stab Wrtveyed shalt to a and become vold. Aller sari oocnrrmee,Lender stag dbcbffp wd nd y 011e Securuy Imtrumem. Borrower sb�]!pay any recesrYtlae oetsta.Leader coy dwvBarrowor a he for relsadag the: Seautty h tttttaeat,bat 0*if the fee is ptdd to a third party far settles reached red the chu tg of be fee is permitted under Apoable Law. 24.Waivetr. Bummer.to the extern peeraYfed by AlpBc*k Law,wslva and relines my era or defects In p w"dbW to eofmce by Swz*lashamed,and hereby watves the bwo&d any pascal or falnre taws providing for stay of vMCUloa,exon of Owe,exploplktl Sow sdeuhmea1,levy and aa*and bomsttad —pilon. 25.RdWsWestmt Period. Borrower's lime b teioet a ptmdded la Seaton t9 sbrB eetmd m eine hoar prior to the commeocemeot of lidding si a sbuffs We or other ate paratom to Ihb Seemily la*vro aa. 26. Pardon Money Mort& e. R sW of dw debt seared by this Smutty hrotew"W bleat to Bommer to acquire tale m the Property.this Sanity butrameM d ore be a lwdme moony moroge. 27. Interest Bate Atte IrdBoeoti Borrower ages shat the tehresl ales p y"after s judg=es is catered on the Note or to in acd=d mortgage foreclaatre shag be the rate payable from time io afore order be Now. YLVANIA-SY�g�Fy�wy � Q FatrN MedFnddM AYc UNFT)I8u1 INSrRUt+ffiNT•MERS Form 3099 01101 Peep 14 A T T OII976PGO131 y- BY SIGNING BRLOW,Borrower ac cgft nd ageea to the tem end wveab coobdoM is th8 Seeulty tnahualw and in any Rider eaernted by Borrower orad reweded 1vn it. s G�Gai/3u( ap (Sao MINK K MEL MI Borrower - -Baavwer l (sA ._ -Bartower 04 Botmwer t Witraus: WHOM: ' "NMYLVAeIA-S1npN F Fa w"Mn/Froema Msec U�RM INSiRUAgW•MMSP-Aa �� taoev Farm 3030 01/01 Pago 15 of 17 OK 1976PGO 132 MIN: Loan Nuraber:� ADJUSTABLE RATE RIDER (UROR Sin-Mort Indox(As�~ ns cod mast joumlj THIS ADJUSTABLE RATE RIDER L made this 16th day of NOVWMHR, 2006 and Is kworporaied into and abaH be deed to azmd and supplement the Mortgage.Dead of Trust,or Security Deed(the"Secahrtly betrummtl of tie same date gtveo by the wAKstgaed CDorrow er')to aecvtre Borrower's Affable Rate Note(lk'Note')to ACT LENDING CORPORATION D/B/A ACT MORTGAGE CAPITAL, A FLORIDA CORPORATION ("LeAder')of the same date and covubg do peopnety dearslbed M the Security Insrameot and located at: 125 EAST SPRINGVILLE ROAD BOILING SPRINGS, PMWSYLVANIA 17007-0 THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATS AND TIS MONINLY PAYNWT. THE NOTE Lint{THE AMOUNflORROWEIRISPIMAIIASTRATECANCHANGEATANYONETVMAND THE MAX0AUM RATE BORROW=MUST PAX. ADDITIONAL COVENANTS. In addMtaa to the coveaants and ogseements made to the Segttlty lestrumant,Borrower and Leader fiber covemet and agree as falbwr: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for as Mal Wend rate of 8.800 %. The Note pmvldes for changes In the Interest rate and the monthly pttymmb,at foDotva: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Data The Interest rate I wM pray may chwV On the 1 a t. day of DECEM ER, 2008 and on test day every 6th month therafEer. Ruh date oA which my interest rate mild change b caUed a"Change Date.' (R) The Indtre Beghuft with the flrat Change Date.my Ytaest me wW be hated on as laden The"Inde:"$the average of lotedwA off rW rata for dx month U.S,ddiadeavodnaeed deposits in&e I oodm market ("LIBQR"),as pabSiahed In The kall3broel.la'rrnsaL The moA reotnt Indez Agms available as of the @cat business day of the month irmnedhldy precedwg the mond►to weld the Change Due oocara Is aped the "Carmaht Index•" If the Index is no longer aval461e,the Note Holder will choose a new bubm that is based tpw comparable Lnformattou. Toe Note Holder will Sive me ratty of ids rWce. MULTISTATE ADJUSTABLE RATE nDER-LIBOR SIX4AONTH INDEX badrpplplra•a aoasu.7,tai UIS PUBUS�Hy.E.�D IN Tttf WALL SIMIJOLWW4 W.N; com fS1a�m 313e 1/Ol y Mae MOdRED 20TRU ENT Papa t or 3 V Bt 1976PGO 135 (C) Calculation d Changes Before each Cbwge Date. time Note Holda will calculate my new tntarest rate by AddiNg FIVE AND 850/1000 PC pd* 5.850 %ltoTeecarrat Index. The Note Halder will than round the result of db zMf1 gl to the need one,4iAl h of Otte peremtage 100110( -IM). Uded to the lhrdb xkied b Section S(D)Wow,tbfi rounded-1-1 t wiB be my new bderest rate until the next Change Due. The Note Holder will Wen detamiae(be MOW of the monthly pgmmt that would be sumetept to repay the mrpdd primipal 69 f am expected to one at the Cheagee Daft In fog on the Manafly Date at my new Interest tate in subs natally equal payn"O. The rmari of thb ee{adatios wan be me new tmaot of my mogllbly payment. 01)) I iofb an Inbred Rate Chasyrs The Entered rale I am required to pay at Ae first Chnoge Date sill not be grata than 11.800 %or lesa daw 8.800 %. Tbawbr,my teterest nue will neva be hawed of decroaxd on anyatagle Change Date by mora dm ONE AND 000/1000 perceuage pamu( 1.000 96)how the rate of htJtmst I have been paying for the preceding 6 MMMhe. My lataest rate will neva be grater than 14.800 %. My interest rate will never be less than 8.800 (E) Effective Date of Change: My glow Interest rate Will become e>fec&M an usch Change Date. I wt8 pay the weamt of my pow mouthiy payment beginning on the Bra monthly payment data after the Change Date ntit the amew t of my —thlY Wyk chaw 400. (F) Notice of Changan The Notc Holder will deliver or mall to me•notice of any changes to my interest rate and the amount of my mo>slbly payment bdne the effective date of a¢y change.The notice will tarhz&hLbrmdtaa tequhod by law to be given to me ad also ft We nd ielephoes comber,of a pettaa who will swwa any gmdm I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEMAL INTEREST fN BORROWER Ualfmm Covannt i8 of(be Security Instrument b wsax e l to read as tallows: Tlrimder of the Property or a BeneSdal It kna In Borrows.As used in this Section 18,"lnurest in the Property"moms say left orbomMial ttrterert la the Pic",tndrmdtrtg, but not limited to,those besenelal iateraan trawfated in a bund for deed.centrad for deed. Installment odea contred of mum agreement,tie!afoot of which is the traaader of title by Bonower at a fame date to a pinchaaw 9 all or any part of The Property or arty$Merest to the Property is odd or trmderW(or if Borrows to not a oahral pmuw and a bm@Bdd laeeen in Borrower is sold or traadased) without Leader's prior written tooaent,t nada may require iauaedhte payment is fait of an soma seemed by this Security lastrmert. however,this option shall not be exerdaed by tender If such exerdse is probMW by Applic, Law. Leader also aball ant rstrclae Ihis option if:(a)Borrower cum lo be eabtakted to I.eerkr idwskion required by Leader to evaluate the intended transferee as if a new low was being rade to the tans[ree;and(b) Lender reasonably ddamlom (bat Lender's security will not be impaired by the tam MULnsrATE AntusTABLE RATE R DER-LIBOR St%•MONTH woo( oad�ketr,�a aooiaasa (AS PUPUWJED IN YW WAU STAMT J,l wwwdrn 140AC*n *'gn Fancylge Mae MMFWD h%MT foam 319e 1101 Page 2 of 3 6K 19 7 6 PG 0136 assumption and tau the risk of a kaoch of any oovm d or wed in thh Seaatty lo*M teat IS aocepMk to Ieutler, To the cd-t p-d ted by Applte"Law,I eider may clwp a resumble fee ar a condition to Leader's coaeat to the loan ummpdm. Lader do my rardm the trad{am to sign 6m.ammpdon ageammeat Qat is am%*Ak to Lettdrr cud that ob4V40 the hagtdpee to"aU the pmmim mad agrem mb mWe to the Note and to ids Seaeity lubwom. Borrower MR txmdaue to be obtVAW ander the Note and fah Saw*Letrumeat m1m Leuder relt"m Baroarr b w w". It Lada txercbes the opdea to M*e immediate payment in fall.Ishmu give Borrower aodra of aocdeadon. Tse mtks drag provide a period of act len dm 30 days from the date the rtatice hem in 000ardum wirb Seddon.l5 widia wlkh Borrower must pay all sum secured by this Samft Iaatrumeal.2 Borrower toils to pay thus tams pion to the expired Am of tdn paw,I coder may tavoke PW resomho permitted by dds Somft Instrument wWw*further notice at dermad om Borrower. BY SIGNING BELOW,Borrower aocepb sad agrees to the lam sad rovemata ooetmined to fbis AttJauabte Rate Rider. MbK K tQR SKY -Borrower � (Sean -Bonv*w -Borioaer -Harrower .8envww (SMUULl15HlB�LJ�StyE ADJUSTABLE TALETW RATE -1BOR SIX4AO M WM bwrt 4��� faDOYAW rm f136 l O mM&%9 MODMW nOMME?tr Vaye 3 or 3 OKI 976PGO 137 Loan Number ADDENDUM TO ADJUSTABLE RATE RIDER This addendum is made NOVEMBER 16, 2006 and Is incorporated baa and deemed to amend and srWomeal the ArbmdaWe Rate Rider of the wee date. The property covered by this addeadwn is described In the Seemity lostnu eal and Incited at: 125 BAST SPRINGVILLE ROAD, BOILING SPRINGS, PENNSYLVANIA 17007-0 AMENDED PROVISIONS. In addition to the pmvidam and ageeemeaar made in the Sxmtty Instrument,Ihn fmthes aovenaat and agree as tallows: ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES Limits an]merest Rate Chun" The inteaed rate I am regaired to pay at the first Clasp Date will not be greater than 11.800 %or les!&" 8.8 o o %. T6ere dier,my adjusuhie inteted rate will never be increased or decreased on say single Chop Date by moue than ONE AND 000/1000 Puanoage pow(s)( 1.000 %)Gam the tate of to est I bane been payiq for the ptecediag site (6) moo t. My i rate will sever be grater thio 14.8 00 %. My Interest rate will oever be less than 8.800 %. TRANSFER OF THE PROPERTY OR A BENEFICIAL.INTEREST IN BORROWER Unifmrm Covenant IS of the Secaft hafrumem Is amended to read as follows: Tram&T of the Pnperty or a BmWkW lawart In Borrower.As media this Section 18. "Interest in the Property"mew nary hgal or bereSeJd talered to the property,tndadlug.6111 not limited to.tbose beseBcial Ia neh in 61 re4 to a bond for deed,cootfact for deed, inatallmatt Sales unstract or escrow agroeen 1 ,due intent of which h the urmRer of twe by Borrower ata tam date to a pmr]aser. If all or any part of the Property or mW Interest is the Property is sold or trimshaed(or 1f Borrower Is not a ndmal parson and a besudidd interns In Borrower Is roti of tr m%Ted) widwat Leader's prior written comenk I mist soy require tmmediate pUmeotle fullof a0 safm seaaed by this Security ImtamemL however,this option shall sot be eardsed by Lender if Such Worelse is pro6mlted by Appbcable Law. IfLesdevexerd eeLLboptioa Laideraballgive Bononernodoeofacaleratlon.Thenotice shall provide a period ofact les am 30 days tram the dab the notice b given in a0coadana wM Section 15 wt to which Borrower mod pay all an=sacmed by this Secartty]mh11ment. If Borrower fails to pay thaw arms prior to the uIpholion of thio period,I snort may iavahe any remedies permitted by Ibis Security hrshuo:mi wldamt further notice or demand on Borrower. LIBOR ADDENDUM TO ADJUSTABLE RATE RIDER aa6400�nar FORM 7202"I edge 1 of 2 w wtdfmwo gcmm IK 1976PGO 138 In Wibmm lbmed Trudor Lu txwded Ma at)dm&m. w� Borrower S4Mtt R K Dttte Bonowu Sigaamre Date MELUSKBY Borrower Sigmhne Date 8mrower Stgaatt" Date Borrower Slgmt= Dwe Borrower ftnftm Uwe USOR ADDENDUM TO ADJUSrA0 S RATE RJDER IoowF7aae FORM 1202 1-01 Papp 2 of 2 am BK 1976PGO 139 PREPAYMENT RIDER Loan Number Date;NOVE MSER 16, 2006 Borrower(s): MARK K MELUSKEY THIS PRBPAYMENt'RIDER(the'Rider')b made this 16th day of NOVEMBER 2006 and is hmporated Ido and shag be deemed b amend and ao owwt The Mortgage,Deed of Trust er Scantly peed(the'Seem*Im umewl of the same data given by&a undersigned('Barrmrer•)to scare repaymed of Borrmrer's praanimy note(tie'Nob')to favor of ACT LENDING CORPORATION D/B/A ACT MORTGAGE CAPITAL, A FLORIDA CORPORATION ('Lander'). The Security losplumnt mmmbers Hee Property more apedfleally damew in the Seearfty Instrument and located at 125 EAST SPRB 3VILIX ROAD, BOILMG SPRINX, PE*EMVANIA 17007-0 ter Aamaul ADDMONAL COVENANfS. In addmim b the mvemnts and ageemen"wade to the$equity Instrument.Borrower and Leader furdw ooveoaat and agree as fotiowa: A. PREPAYMENT CHARGE Ile Note provides for the payment of a prepyymeat charge as foBowr: 5 . BORROWER'S RIGHT TO PREPAY;PREPAYMENT CHARGE I have the right to maim I D mnata of Prbdpd at my time before fty aro doe. A payment of Principal only is kwm as a'Prepayment." When I make a Prepayment, I will tell the Note Holder in tars*that I am dobg so. I aq not dedp ate a payment as a Prepayment H I have not made aB the moalkty poymeab due under the Note. The Note Holder will M fay Prepaymrffi b rKbW 0A UWW ofPlincipal tial I owe ander the Note. However, the Note Holder mq apply my prepayment to ehe accrued and unpaid interest an the Prepayment amonmt,bdbm appb*r'4'prepayment to reduce the Principal amount of the Note. if I hartke a partial Prepayment,tWe oval be no dtaeges In the due data of my moalhly prym w mdm the Note Holder ages to writing to those dtaoges. U the Note ounwea pr*vis=far a variable taterx rate.my partial Prop"m ew may reduce the amount of my muAly pgmew sdw the first Chmge Dak fopowtag*y partial Preepa t.However,any redaction dile to my PVU Pnpq=t may be oI6U by an interest rale increase. If db Nate provides for a vasiable halmst rah or fiance charger and the lateral rue or Anne charge ai my time exceeds the legal ttmti wader ATE PREPAYMENT RIDER e ffia Papa 1 or �aada 6K 1976PGO 140 which a Prggment pmalty is allowed, then the Now Holder's d&to arias a Pmptymwl peachy ww he ddwmised ruder giptlrahfe law. if whhta TWMM-FOUR ( 24 )made from&date the SmAy beat L tamped I make a M Prepaymeet or one or more pvtW Prepaymmu,aad the total of all sack Ptepsymeab to any 12-mm*peebd wmeeds twe*paomt(209Q of the uWal Pr m#W amamt of rite ban,I will pay a Peeps vy at dawga to m cancer eqkw SIX thetotai*fay aay Pnpaymmor wma any l2-moath period ameeds sweaty peacmt(2096 the odgtoal Prindpai smot of of the ban. BY SIGNING BELOW.Borrower accepts and agrees to 4e Ura gad p wAdm eaaulmed to Pods Rider. �✓viE'i K K K MgL 2 > -Borrower 43orruwar -Baaeower (Sell) (SeaQ -Borrows .Borrower MULTISTATE PREPAYMENT RIDER ppm ao�stari 8/03 Pogo 2 or 2 www.uwarokiamm . BKI976PGO141 ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at a brad in the center line of LR 21020,locally known as the Springville Road,at comer of land of George F.Dixon,Jr.,thence by the center line of said mad North 02 degrees 00 minutes West 136.31 feet to a brad in said center line;thence by same North 09 degrees 30 minutes East 59.07 feet to a brad in said center line; thence by land of George F. Dixon, Jr., South 77 degrees 24 minutes 30 seconds East 153.95 feet to a pipe;thence by land of George F.Dixon,Jr.,South 08 degrees 30 minutes West 156.85 feet to a pipe;thence by land of George F.Dixon,Jr.,South 87 degrees 30 minutes West 132.25 feet to a brad in the center line of L.R.21020,the place of BEGINNING. The improvements thereon being known as 125 E. Springville Road,Boiling Springs, Pennsylvania 17007. I Certify this to be recorded In Cumberland County PA *4 Recorder of Deeds 91t1976PGO142 ` LOAN MODIFICATION AGREEMENT (Adjustable Interest Rate) This Loan Modification Agreement ("Agreement"); made this 9th day of July, 2009, between MARK K MELUSKEY (the"Borrower(s)")and BAC Home Loans Servicing, LP(the"Lender"),amends and supplements (1)the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument!), dated the 16th day of November, 2006 in the amount of$120,000.00, and (2)the Note secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property", located at: 125 EAST SPRINGVILLE ROAD, BOILING SPRINGS, PA 17007. The real property described being set forth as follows: SAME AS IN SAID SECURITY INSTRUMENT In consideration of the mutual promises and agreements exchanged,the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. As of the 1st day of August, 2009,the amount payable under the Note or Security Instrument(the"Unpaid Principal Balance") is U.S. $123,563.94, consisting of the amount(s) loaned to the Borrower by the Lender which may include, but not limited to, any past due principal payments, interest, fees and/or costs capitalized to date. 2. The Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance from the 1st day of August, 2009. The Borrower promises to make monthly payments of principal and interest of U.S. $996.88 beginning on the 1st day of September, 2009. The interest rate and monthly payment will adjust in accordance with the Note, Adjustable Rate Rider and any other loan document that is affixed to or incorporated Into the Note and Rider and provides for, implements or relates to any change or adjustment in the interest rate and monthly payment amount under the Note. If on the 1st day of December, 2036 (the"Maturity Date"),the Borrower still owes amounts under the Note and Security Instrument, as amended by this Agreement, the Borrower will pay these amounts in full on the Maturity Date. 3. The Borrower will make such payments at Payment Processing PO Box 660694 Dallas,TX 75266 or at such other place as the Lender may require. 4. Nothing in this agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as otherwise specifically provided in this Agreement,the Note and Security Instrument will remain unchanged, and the Borrower and Lender will be bound by, and comply with,all terms and provisions thereof,as amended by this Agreement. 5. In consideration of this Modification, Borrower agrees that if any document related to the Security Instrument, Note and/or Modification is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the loan as modified, or is otherwise missing, Borrower(s)will comply with Lender's request to execute, acknowledge, initial and deliver to Lender any documentation Lender deems necessary. If the original promissory note is replaced the Lender hereby Indemnifies the Borrower(s) against any loss associated with a demand on the original note. All documents Lender requests of Borrower(s)shall be referred to as"Documents." Borrower agrees to deliver the Documents within ten(10) days after receipt by Borrower(s)of a written request for such replacement. BAC Home Loans Servicing,LP is a subsidiary of Bank of America,N.A. The HOPE 9,2009 CHL Lo n#•e� WDGARMNR 8124 J so2 06/09 t � 1 s As evidenced by their signatures below,the Borrower and the Lender agree to the foregoing. ,(bit_ U:—. Dated: MARK K MELUSK STATE OF COUNTY OF / On 7 D before me,1291CnAtr ,-4,4- �1-A.&d .-Notary Public,personally appeared 1ha-rk %K m -luSke personally known to me(or proved to me on the basis of atisfactory evidence)to be the person(s)whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Signature NOTARIAL SEAL ECAWSLE RETA.DARHOWER,NOTARYPUBLIO BORO,CUMBERLAND COUNTY PA MISSION EXPIRES OCTOBER 27,2012 y- ~ BAC Home Loans Servicing,LP Is a subsidiary of Bank of America,N.A. The HOPE CHL Loan#Team WDGARMNR 8124 July 9,2009 06/09 r � .0 MTN: 17 Loan Number: ADJUSTABLE RATE NOTE (LIBOR Six-Month Index (As Published In The Wall Street Journa#.Rate Ceps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS TIM AMOUrTr MY INTEREST-RATE", CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. NOVEMBER 16, 2006 SUNRISE FLORIDA [Date] [City] N ate] 125 EAST SPRTNGVILLE ROAD, BOILING SPRINGS, PENNSYLVANXA 17007-0, [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$12 0, 0 0 0.OO (this amount is called"Principal"),plus interest, to the order of Lender. Lender is ACT LEND-T.VG COR130RATION D/B/A ACT MORTGAGE CAPITAL, A FLORIDA CORPORATION (CFL # 7.02366) I will make all payments under this Note in the form of cash,check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Bolder," 2. INTEREST Interest w]I l be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 8.8 0 0 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(13) of this Note, 3. PAYMENTS (A) Time and Place of payments I will pay principal and interest by making a payment every ninth. I will make mymonthly payments on the 1st day of each month beginning an JANUARY 1 2007 - I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note, Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal, if, on DECEMBER 1, 20315 ,I still owe amounts under this Note,I will pay those amounts In full on that date,which is called the"Maturity Date." I will make my monthly payments at 481 SAWGRASS CORPORATE PARKWAY, SUNRISE, FLORIDA 33325 (8) Amount of My Initial Monthly payments or at a different place if required by the Note Holder. Each of my initial monthly payments will be in the amount of U.S. $ 948-33 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes In the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new Interest rate and Ute changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE--LIBOR SIX-MONTH INDEX Form 3520 1/0" (AS PUBLISHED tN TMtt WALL STREET JOURNAL)-Singte Family .CIeCMegGcP.lRm n 800.643,7362 Fannie Mae MODIFIED INSTRUMENT Page 1 of S WWw.doc,vag/e,e0jn ORIGINAL n vl,_ . il ti• • �t c x 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The Interest rate I will pay may change on the ;Lot day of =CEMBER, ;2008 , and on that day every 6th, month thereafter. Each date on which my interest rate could change is called a"Change Date. (B) The Index Beginning with the first Change Date,my interest rate will be based on an Index. The"Index"is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall StrmrJournal. The most recent Index figure available as of the first business day of the month Immediately preceding the month In which the Change Date occurs is called the"Current Index." If the Index is no longer available,the Note Holder will choose a new index that is based upon comparable information. The Note Bolder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding FIVE AND 8 S 0/1.0 0 0 percentage points ( 5-8 5 0 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity bate at my new interest rate in substantially equal payments- The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11 .800 %or less than 8.8 0 0 %, Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1_000 percentage point(s) ( 1.O 0 0 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 14.8 0 O %. My interest rate will never be less than 8.800 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (I) Notice of Changes The Note holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I way have regarding the notice. S. BORROWER'S RIGHT TO PREPAY w* See attached Prepayment Note Addenzbun- I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a"Prepayment." When I make a Prepayment,I will tell the Note Holder in writing that I am doing so, I may not designate a payment as a Prepayment If I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial prepayments without paying any Prepayment charge. The Note Bolder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Bolder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However,'any reduction due to my partial Prepayment may be offset by an interest rate increase. MULTISTATE ADJUSTABLE RATE NUT—E.-LIBOR SIX-MONTH INDEX Form 3520 1101 (AS PUBLISHED IN THE WALL STREETJOURNAL)—Singla Family 04CMagIcB 000-849-1.142 Fannie Mae MODIFIED INSTRUMENT Page 2 of 5 www.dpCmegic.con .+ rr>♦r J1 li A A 7 ORIGINAL iI` 6. LOAN CHARGES If a law, which applies to Oils loan and which sets maximum loan charges,is finally interpreted so that,the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (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 me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due,I will pay a late charge to the Note Bolder. The amount of the charge will be 5-0 0 O %of my overdue payment of principal and Interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due.I will be in default. (C) ]Notice of Default If I am In default, the Note Holder may send me a written notice telling nue that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe an that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note balder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full'as described above, the Note Holder will still have the right to do so If I am in default at a later time. (l) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and,expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Molder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section S(A)above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. MULTISTATE ADJUSTABLE RATE NOTE--LIBOR SIX-MONTH INDEX Form 3520 1/01 (AS PUBLISHED IN TH4 WALL S777EETJOUl.'NAL)--single Family PC'-Wagb aoa.64yiys2 Fannie Mae MODIFIED INSTRUMENT Page 3 of 5 www,docmaglc.cvm ORIGINA 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some,jurlsdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security rnstrument"), dated the same date as this Note,protects the Note Holder from possible losses that might result if I do not keep the Promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment In full of all amounts I owe under this Note. Some of those conditions read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of whlch is die transfer of title by Borrower at a future date to a purchaser. If all or any part of the property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest In Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if:(a)Borrower causes to be submitted to Lender information required by Lender to evaluate the Intended transferee as If a new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Taw,Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Tender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Leader releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE ADJUSTABLE RATE NOTE--LIBOR SIX-MONTH INDEX Form 3520.1/01 (AS PUBLISHED IN THE.WAL4 STREET JOURNAL)—single Family JD_Waglo aoael9a9er Fannie Mae MODIFIED INSTRUMENT Page 4 of 5 www.docmagic.com ORIGNk, WITNESS THE HAND(S),ANI)SEAL(S) OF THE UNDERMNED, MA K K MELt7ISE -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower OPWGIA'AL [Sign 0-d lualOnly] MULTISTATE gDJUSTABLE RATE NOTE--LIBOR SIX-MONTH INDEX (AS UB Form 3520 i/a1/01FanPLISHED .IOURNAL)-•Single Family OocMmgic�a=vjp BOosd9-1362 Fannie Mae MODIFIED INSTRUMENT WALL STREETgO 5 of 5 WWW 46=0019.cPif7 ALLONGE TO NOTE LOAN NUMBER- LOAN AMOUNT: $12 0, 0 0 0 . 0 0 PROPERTYADDRESS:125 EAST SPRINGVILLE ROAD, BOILING SPRINGS, PENNSYLVANIA 17007-0 AL LONGE TO NOTE DATED NOVEMBER 16, 2006 IN FAVOR OF ACT LENDING CORPORATION D/B/A ACT MORTGAGE CAPITAL AND EXECUTED BY MARK K MELUSKEY PAY TO THE ORDER OFCOUNTRYWiDE BANK, N.A. WITHOUT RECOURSEACT LENDING CORPORATTO- D/B/A ACT MORTGAGE CAPITAL TITLE: g `Yy• pirec�or Pay to the or6er of. Fay to the order of, C�untrvwide Henw Laara tnt:. viatwA Fieomm Without�t dDUI$Mme iaanttywide Bank N.A. Ceuntrywlee HoLoma,tnc By: r GY: Aledcsr.SVP MichelpSjol 6m ALLONGE TO NOTE 0ocMeg/cE9IIn9mw ao"49-7362 06108/04 www.dccmaeic.ct7m Ahn•ew 9307 1200 1910 0001 0162 18 Mark K Meluskey 125 East Springville Rd Boiling Springs PA 17007-9737 X V FIRST-CLASS MAIL USPS CERTIFIED MAIL" U.S. POSTAGE AND Specialized Loan Servicing FEES PAID 8742 Lucent Blvd NCP Ste. 300 Highlands Ranch, CO 80129 9307 1200 1910 0001 0162 18 RETURN RECEIPT REQUESTED MARK K MELUSKEY 125 EAST SPRINGVILLE RD BOILING SPRINGS PA 17007-9737 I��i�1�lilli1rI1111�Irii�r�Il�l��11�11111�i1�114�111��111111� 0446024 000005674 09SCR4 0068491 . LS Pg 1 of 8 8742 Lucent Blvd.,Suite 300 Highlands Ranch,CO 80128-2386 1-800-315-4SLS(4757) + 0446024 000005674 09SCR4 0066491 MARK K MELUSKEY 125 EAST SPRINGVILLE RD BOILING SPRINGS PA 17007-9737 September 17, 2013 COMBINED ACT 6 / ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S 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 ACGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies Servicing 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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 09/17/13 1006851348 0446024 000005674 09SCR4 0068491 HOMEOWNER'S NAME(S): Mark K Meluskey PROPERTY ADDRESS: 125 East Springville Rd Boiling Springs, PA 17007 LOAN ACCT. NO: ORIGINAL LENDER: ank Of America CURRENT LENDER/SERVICER: Specialized Loan Serving 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: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time, you must arrange and attend a"face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 09/17/13 1006851348 0446024 000005674 09SCR4 0068491 Pg 3 of 8 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. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 125 East Springville Rd Boiling Springs, PA 17007 IS IN SERIOUS DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: Number of Delinquent Payments: 12 since 10/01/12 $15,535.86 Late Charges Due: $0.00 Recoverable Corporate Advances: $105.00 Escrow Advances: $4,747.59 Other Fees: NPhone Da NSF Propea Inspections, et $79.45 Less: Funds in Unapplied $456.73 Total Amount Due: $15,263.58 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Not Applicable HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $15,263.58 Calculated Total Due (583-602) PLUS ANY OTHER MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: VIA Regular Mail VIA Over Night Address VIA Western Union Quick Collect Specialized Loan Servicing, LLC Specialized Loan Servicing, LLC Code City: PAYSLS PO Box 105219 8742 Lucent Blvd, Suite 300 Code State: CO Atlanta, GA 30348-5219 Highlands Ranch, CO 80129 Reference: Loan Number 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 09/17/13 1006851348 0446024 000005674 09SCR4 0068491 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of the letter: Not Applicable. IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal . balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE_-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately (five) 5 months from date of Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER/SERVISER: Name.of Lender/Servicer Specialized Loan Servicing LLC Address: P.O. Box 261130 Littleton, CO 80163-1130 Phone Number: 1-800-306-6062 Fax Number: 1-720-241-7220 Contact Person: Customer Resolution E-mail Address: EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 09/17/13 1006851348 0446024 000005674 09SCR4 0068491 Pg 5 of 8 ASSUMPTION OF MORTGAGE--You may not 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. *THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER* NOTICE REQUIRED BY THE FAIR DEBT COLLECTIONS PRACTICES ACT, 15 U.S.0 % 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTIECES ACT AND CONSUMER PROTECTION LAW 73 PA. CON. STAT. ANN % 201, ET.SEQ. ("THE ACTS") For your protection, please be advised that we are attempting to collect a debt and any information obtained will be used for that purpose Attention to any Customer in Bankruptcy or who has received a bankruptcy discharge of this debt: please N be advised that this notice constitutes neither a demand for payment of the captioned debt nor a notice of Npersonal liability to any recipient hereof who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code, however, it may be a notice of possible enforcement the lien against the collateral property, which has not been discharged in your bankruptcy. SERVICE MEMEBERS' CIVIL RELIEF ACT NOTICE —If you believe that you are entitled to the benefits as outlined in the Service Members' Civil Relief Act, you should promptly provide us with evidence of your active duty status. You are hereby notified that this default and any other legal action that may occur as a result thereof, may be reported by Specialized Loan Sericing, LLC to one or more credit reporting agencies. Sincerely, Customer Resolution Department 1-800-306-6062 9742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 09/17/13 1006851348 0446024 000005674 09SCR4 0068491 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND County Advantage Credit Counseling Scrvice/CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Committee of Capital Region 1514.Derry Street Harrisburg, PA 17104 717-232-9757 Housing Alliance of York/Y Housing Resources 290 West Market Street York,PA 17401 717-855-2752 Maranatha 43 Philadelphia Ave Waynesboro, PA 17268 717-762-3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717-344-1518 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940 800-342-239 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 No msLS Pg 1 of 8 8742 Lucent Blvd..Suite 300 Highlands Ranch,CO 80128-2386 1-800-315-4SLS(4757) + 0446024 000005673 09SCR4 0068493 MARK K MELUSKEY PO BOX 149 BOILING SPRINGS PA 17007-0149 ul��il�ii��lt�in�lill�ililllull�llllinlllilrvl�nllillili�l� September 17, 2013 COMBINED ACT 6 / ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S 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 ACGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies Servicing 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- a 780-1869). �N —_ 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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRtSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 09/17/13 0446024 000005673 09SCR4 0068493 HOMEOWNER'S NAME(S): Mark K Meluskey PROPERTY ADDRESS: 125 East Springville Rd Boiling Springs, PA 17007 LOAN ACCT. NO: , ORIGINAL LENDER: .n tmer, CURRENT LENDER/SERVICER: Specialized Loan Serving 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: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time, you must arrange and attend a"face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 4saw V 09/17/13 0446024 000005673 09SCR4 0068493 Pg 3 of 8 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. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 125 East Springville Rd Boiling Springs, PA 17007 IS IN SERIOUS DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: Number of Delinquent Payments: 12 since 10/01/12 $15,535.86 Late Charges Due: $0.00 Recoverable Co orate Advances: $105.00 Escrow Advances: $4,747.59 Other Fees: Phone pay. NSF Property Inspections, etc. 79.45 Less: Funds in Una lied $456.73 Total Amount Due: $15,263.58 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Not Applicable HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $15,263.58 Calculated Total Due (583-602) PLUS ANY OTHER MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: VIA Regular Mail VIA Over Night Address VIA Western Union Quick Collect Specialized Loan Servicing, LLC Specialized Loan Servicing, LLC Code City: PAYSLS PO Box 105219 8742 Lucent Blvd, Suite 300 Code State: CO Atlanta, GA 30348-5219 Highlands Ranch, CO 80129 Reference: Loan Number 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 09/17/13 0446024 000005673 09SCR4 0068493 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of the letter: Not Applicable. IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to$50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately (five) 5 months from date of 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/SERVISER: Name of Lender/Servicer Specialized Loan Servicing LLC Address: P.O. Box 2611.30 Littleton, CO 80163-1130 Phone Number: 1-800-306-6062 Fax Number: 1-720-241-7220 Contact Person: Customer Resolution E-mail Address: EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 09/17/13 0446024 000005673 09SCR4 0068493 Pg 5 of 8 ASSUMPTION OF MORTGAGE--You may not 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. *THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER* NOTICE REQUIRED BY THE FAIR DEBT COLLECTIONS PRACTICES ACT, 15 U.S.0 % 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTIECES ACT AND CONSUMER PROTECTION LAW 73 PA. CON. STAT. ANN %201, ET.SEQ. ("THE ACTS") For your protection, please be advised that we are attempting to collect a debt and any information obtained will be used for that purpose Attention to any Customer in Bankruptcy or who has received a bankruptcy discharge of this debt: please be advised that this notice constitutes neither a demand for payment of the captioned debt nor a notice of N personal liability to any recipient hereof who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code, however, it may be a notice of possible enforcement the lien against the collateral property, which has not been discharged in your bankruptcy. SERVICE MEMEBERS' CIVIL RELIEF ACT NOTICE —If you believe that you are entitled to the benefits as outlined in the Service Members' Civil Relief Act, you should promptly provide us with evidence of your active duty status. You are hereby notified that this default and any other legal action that may occur as a result thereof, may be reported by Specialized Loan Sericing, LLC to one or more credit reporting agencies. Sincerely, Customer Resolution Department 1-800-306-6062 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 09/17/13 0446024 000005673 09SCR4 0068493 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND County Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Committee of Capital Region 1514 Derry Street Harrisburg, PA 17104 717-232-9757 Housing Alliance of York/Y Housing Resources 290 West Market Street York,PA 17401 717-855-2752 Maranatha 43 Philadelphia Ave Waynesboro, PA 17268 717-762-3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717-344-1518 PH FA 211 North Front Street Harrisburg, PA 17110 717-780-3940 800-342-239 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH(800) 306-6062 9307 1200 1910 0001 0162 25 Mark K Meluskey PO Box 149 Boiling Springs PA 17007-01.49 FIRST-CLASS MAIL Specialized Loan Servicing USPS CERTIFIED MAIL' U.S. POSTAGE AND 8742 Lucent Blvd FEES PAID Ste. 300 NCP Highlands Ranch, CO 80129 9307 1200 1910 0001 0162 25 RETURN RECEIPT REQUESTED MARK K MELUSKEY PO BOX 149 BOILING SPRINGS PA 17007-0149 lig,lil�n"I��lll�lill�ill�ilnll���llill�l�lir�l�nili�li�l�l� II 0446024 000005673 09SCR4 0068493 VERIFICATION Daniel Leon hereby states that he/she is Second Assistant Vice President of Specialized Loan Servicing, LLC,servicing agent for Plaintiff,in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. OCT 2 2 2014 Name: Daniel Leon DATE: Title: Second Assistant Vice President Company: Specialized Loan Servicing, LLC S&D FILE NO: 13-044677 Mark K. Meluskey Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~°~�o°n�°~~.^°—v�"=�� ~=��~°o� 0 Y F(^ ,D-'0-,feE CIF THE PROTHONVTARY (limberwt� �"/b`NDV 17 PM 3: 05 CUMBERLAND COUNTY �u/���'^!��� PENNSYLVANIA OFF OF TI44' "4.341-:RIFP The Bank of New York Mellon FKA The Bank of New York vs Mark K Meluskey2014-6340 Case Number SHERIFF'S RETURN OF SERVICE 11804/2014 1115AM'ShehffRonnyFiAnderson.baingduk/awornoccmrdhngho|aw.oanxedbherequ --- Complaint in Mortgage Foreclosure by handing abuecopy hoa person representing themselves - bo be Mark Meluskey, who accepted as "Adult Person in Charge" for Occupant at 125 East Springville Road, South Middleton Township, Boiling Springa, PA 17007. R . ANDERSON, SHERIFF 11/04/2014 11:15 AM - Sheriff Ronny R. Anderson, 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: Mark K Meluskey at 125 East Springville Road, South Middleton Township, Boiling Springs, PA 17007. Rt5N R. ANDERSON, SHERIFF SHERIFF COST: $50.78 SO ANSWERS, November 052014 ^�� mONR ANDERSON, SHERIFF (c) CounitySuito Sheriff, Teleosoft, Inc, The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificate holders of the CWABS, Inc., Asset -Backed Certificates, Series 2007-1, Plaintiff v. Mark K. Meluskey 125 East Springville Road Boiling Springs, PA 17007, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2014-6340 CIVIL TERM C.) Cs) ANSWER AND NOW, comes the Defendant, Mark K. Meluskey, by his attorneys Baric Scherer LLC, and responds to Plaintiffs Complaint In Mortgage Foreclosure as follows: 1. -7. Admitted. 8. Denied. Defendant admits that he owes Plaintiff under the terms of the November 16, 2006 Mortgage, however, Defendant is unable to admit that the amounts Plaintiff claims are accurate and correct. 9. - 12. Admitted. WHEREFORE, Defendant, Mark K. Meluskey, requests that judgment not be entered against him in this matter pending receipt of a breakdown of the amounts due from the Plaintiff. Date: January 6, 2015 Respectfully submitted, BARIC SCHERER LLC Mi =el A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Answer are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: 'a --rice- IlS ek-(L �iviK. Meluskey CERTIFICATE OF SERVICE I hereby certify that on January 6, 2015, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of an Answer, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Bradley J. Osborne, Esquire Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King Of Prussia, PA 19406