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HomeMy WebLinkAbout14-6341 Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: Cumberland County ]�_ b q1 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the Cling and service of leadin s 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: JPMorgan Chase Bank, Lead Defendant's Name: Michael J. Lamason; Gayle C National Association R. Lamason T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested?: El Yes ® No O (Check one) ® outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney:Christopher A.DeNardo,Esquire ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability(does not ❑ Employment Dispute: E include mass tort) Discrimination C ElSlander/Libel/Defamation ElEmployment Dispute: Other ElZoning Board ❑ Other: T ❑ Other: I ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS B El Toxic Waste El Ejectment E] Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 SHAPIRO&DeNARDO, LLCI P BY: CHRISTOPHER A. DeNARDO, ESQUIRE,ATTORNEY I.D.NO-.-'78447- BRADLEY J. OSBORNE,ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA,ATTORNEY I.D. NO. 203437 LEEANE O. HUGGINS,ATTORNEY I.D.NO. 85144 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 14-044914 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNr VS. NO: Michael J. Lamason 1435 Goodyear Road Gardners, PA 17324 Gayle R. Lamason 1435 Goodyear Road Gardners, PA 17324 DEFENDANTS COMPLAINT-CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY(20)DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED,BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 0- 40 S. 7!� ot 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 RAN 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 FECRA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCRIVAR 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 DERECROS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 SHAPIRO&DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO,ESQUIRE,ATTORNEY I.D. NO. 78447 BRADLEY J. OSBORNE,ATTORNEY I.D.NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D.NO. 203437 LEEANE O. HUGGINS,ATTORNEY I.D.NO. 85144 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 14-044914 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: Michael J. Lamason 1435 Goodyear Road Gardners, PA 17324 Gayle R. Lamason 1435 Goodyear Road Gardners, PA 17324 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, JPMorgan Chase Bank,National Association, the address of which is, 7255 Baymeadows Way, Jacksonville, Florida 32256,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 First Horizon Home Loans, a Division of First Tennessee Bank,N.A, its successors and assigns Mortgagor(s): Michael J. Lamason and Gayle R. Lamason (b) Date of Mortgage: October 31, 2007 (c) Place and Date of Record of Mortgage: Recorder of Deeds of Cumberland County Document ID#200741575 Date: November 1, 2007 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank,N.A, its successors and assigns Assignee: JPMorgan Chase Bank,National Association Date of Assignment: November 20, 2013 Recording Date: November 26, 2013 Instrument No.: 201337806 The Assignment(s) is/are a matter a matter of public record and are therefore incorporated herein as provided by Pa. R.C.P. No. 1019(g). 2. Plaintiff is the current holder of the mortgage by operation of law. 3. The real property that is subject to the Mortgage is generally known as 1028 West Pomfret Street, Carlisle, PA 17013, and is more specifically described as attached as part of Exhibit "A". 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage(the "Promissory Note"). A true and correct copy of the Promissory Note is attached and marked as Exhibit "B". 5. The names and mailing addresses of the Defendants are: Michael J. Lamason, 1435 Goodyear Road, Gardners, PA 17324; and Gayle R. Lamason, 1435 Goodyear Road, Gardners, PA 17324. 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 November 1, 2013, 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 8, 2014: Principal Balance Due $131,744.79 Interest Currently Due and Owing at 6.875% $8,302.69 From October 1, 2013 through August 31, 2014 Late Charges $233.55 Escrow Advances $3,571.41 TOTAL $143,852.44 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 seMc.,was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(i). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11,No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants,jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Promissory Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO &DeNARDO, LLC Date: (_ p�111{ BY: Ale s for Plaintiff D EY J.OSBORNE,ESQ. S &D File No. 14-044914 Prepared By: -9999999999.99999, -9999999999.99999 -9999999999.99999 -9999999999.99999 Return To: FHHL - POST CLOSING MAIL ROOM 1555 W WALNUT HILL LN #200 MC 6712 IRVING, TX 75038 Parcel Number: County: N/A City: N/A Premises: 1028 WEST POMFRET STREET CARLISLE, Pennsylvania 17013 (Space Above This Line For Recording Data] MORTGAGE DEFINMONS ]yam] Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21. Certain riles regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document,which is dated October 318t, 2007 , together with all Riders to this document. (B) 'Borrower" is MICSAEL J. LAMASON GAYLE R. LAMASON Borrower is the mortgagor under this Security hatrument. . (G) "NIERS" is Mortgage Electronic Registration Systems,Inc.MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint Ml 48501-2026,tel.(888)679-MFRS. PENNSYLVANIA -Single Family -Fannie MaelFreddle Mac UNIFORM INSMUhWwr W1rH NIERS Wolters Kluwer Financial Swvkcs l ( l VAD 8-6A(PA) wal.at Forty 3039 0 Page 1 of 16 Jaltiala: i TL Ru- (D) "Lender" is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. Lender is a NATIONAL BANK organized and existing under the laws of THE UNITED STATES OF AMERICA Lender's address is 4000 HORIZON WAY, IRVING, TEXAS 75063 (L) "Note" means the promissory note signed by Borrower and dated October 31st, 2007 The Note states that Borrower owes Lender ONE HUNDRED FORTY TWO THOUSAND TWO HUNDRED & 00/100 Dollars (U.S. $ 142,200.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1, 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (M "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: Adjustable Rate Rider 0 Condominium Rider LJ Second Home Rider Balloon Rider 0 Planned Unit Development Rider ® 14 Family Rider vA Rider Biweekly Payment Rider 0 Other(s)[specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. () "Community Association Dues, Fees,and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order,instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (I,) "Escrow Items" means those items that are described in Section 3. (NQ "Miscellaneous Proceeds" means any compensation, settlement,award of damages,or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to,or destruction of,the Property;(ii)condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or(iv) misrepresentations of,or omissions as to,the value and/or condition of the Property. (1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of,or default on,the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. VW®-6A(PA) co wbi FOP2of16 M 3 L Fom 3039 1101 (P) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C.Section 2601 et seq.) and its implementing regulation,Regulation X (24 C.F.R.Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS,the following described property located in the County [Type of Recording Jurisdiction] of Cumberland [Name of Recording Jurisdiction]: All that tract or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereof. which currently has the address of 1028 WEST POMFRET STREET [Strcet] CARLISLE [city],Pennsylvania 17 013 [Zip Code] ("Property Address"): TOGETHER W1TH all the improvements now or hereafter erected on the property, and all easements, appurtenances,and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument,but,if necessary to comply with law or custom,MFRS (as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including,but not limited to,releasing and canceling this Security Instrument. rmuaa: VW 0-6AOW vmsmt PW3 or 16 Form 3039 1/01 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real r property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender. (a) cash; (b) money order;(c) certified check,frank check,treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current.If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2.Application of Payments or Proceeds.Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b)principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due.Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments it and to the extent that,each payment can be paid in ra: VNP QP-6A(PA) ( ".o1 Page 4 of 16 tM k�L- Form 3039 1101 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3.Funds for Esmw Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum (the "Funds")to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over oris Security Instrument as a lien or encumbrance on the Property;(b) leasehold payments or ground rents on the Property,if any; (c) premiums for any and all insurance required by Lender under Section 5;and (d)Mortgage Insurance premiums,if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called "Escrow Items."At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,if any,be escrowed by Borrower,and such dues,fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contain d in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due fDr an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that are then required under oris Section 3. Lender may, at any time,collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality, or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,however,that interest shall be paid on the imuas: VW 0-6A(PA) roam PnO of 16 /i+ 1. Form 3039 1101 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA,,Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to. Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency.of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower, shall pay all taxes,.assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,grower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security.Instrument. If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Iustrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S.Property-Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fine,hazards included within the term "extended coverage,"and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's night to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower.to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affiect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any.flood zone determination resulting from an objection by Borrower. VMP®-(AO?A) pmm pw6oft6 Form 3039 1101 i i I 6.Occupancy. Borrower shall occupy,establish,and use the Property as Borrower's priincipal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S.Borrower's Loan Application. Borrower shall be in default if,during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan.Material representations include,but are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protection of Lender's Interest in the Property and Rights Under this Security Lrstrvment. If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or Forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property.Lender's actions can include,but are not limited to:(a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court;and(c)paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankniptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. natitaE: VMI'®-6A(PA) pmswi POPS of 16 3 Form 3039 1/01 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10.Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that .previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for'Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender.If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law.Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties)to these agreements.These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses.If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid-to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. VAT®4A(PQ (o7D8)At Faye 9 of 16 Form 3039 1/01 i I I I I (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premium that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the stuns secured by this Security Instrument immediately beiiore the partial taking, destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)the total amount of the sums secured immediately before the partial taking,destruction, or loss in value divided by (b) the fair market value of the Property imuuediately before the partial taking destruction,or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence) offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days ager the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of ice:v�'• l V1vIP 0-6A(PA) roosAi Pape 10 or 16 � �� Form 3039 1101 Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 1.2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 1.3.Joint and Several Liability; Co-signers; Successors and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a "co-signer'):(a)is co-signing this Security Instnmrent only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing.The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 1.4. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to,attorneys' fees,property inspection and valuation fees.In regard to any other fees,the absence of express authority in this Security Instrurnent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note).Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. VW 0-6A(PA) roMm Page 11 of 16 �3L Form 3039 1/01 i 15.Notices.All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when marled by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure.There may be only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class marl to Lender's address stated herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16.Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and 'include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa;and (c) the word "may"gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including, but not limited to, those beneficial interests transferred in a bond for deed,contract for deed,installment sates contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may involm any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days befiore sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all IddoW Vhe 6-6A(PA) (wMxi PAP M of 16 3� Form 3039 1101 . J expenses incurred in enforcing this Security Instrument, including, but not limited to,reasonable attorneys' fees,property inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender: (a)cash;(b) money order;(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a Meral agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20.Sale of Note; Change of Loan Services; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action.If Applicable Law provides a time period which must elapse before certain action can be tarn,that time period will be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. . 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the Mowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; ( ) "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action,or removal action,as defined in Environmental Law;and(d) an "Environmental Condition" means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. VW @.6A,(PA) mm of Pap is or 16 1" 3 L Form 3039 1101 Borrower shall not cause or permit the presence,use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or(c) which, due to the presence, use,or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a) any investigation, claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environnental Condition, including but not limited to,.any spilling, leaking, discharge, release or threat of i release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower Iearns,or is notified by any governmental or regulatory authority, or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22.Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).Lender shall notify Borrower of,among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured as specified,Lender at its option may require immediate payment in full of all stuns secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceedin Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys'fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon ppaayment of all sums secured by this Security Instrument, this Security Instrument and the estate conveged shall terminate and become void. After such occurrence,Lender shall discharge and satisfy this Security Instrument.Borrower shall)ray a recordation costs.Leder may charge Borrower a fee for releasing this Security Instrument,but only if the leis paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time,exemption from attachment,levy and sale,and homestead exemption. 25.Reinstatement Period.Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27.Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. ]axials: Vhe 0-6A(PA) (wmjoi rap 14 oris Form 3039 V01 • . r This is a contract under seal and may be enforced under 42 PA.C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) MICHAEL J. LAMASON -Borrower LLAbWDN (Seal) A ' -Borrower (Seal) (SeA -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Bower VW®-"(PA) p7mAt PAP 15 of 16 Form 3039 1101 1 COMMONWEALTH OF FEMSYLVANIA, CWMBERLA14D County Ss: On this,the 3 / day of C/` Q / ,before me,the undersigned officer,personally appeared MICHAEL J. LAXASON b& GAYLE R. LAMASON known to me(or satisfactorily proven) to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires: Title of Office WmMoh1WEALTH OF PENNSYLVANIA NOTARIAL SEAL VICKIE R.WELKER,Notary Public Camp Hill Bon,Cumberland County Certificate of Residence I, , do hereby certify that the correct address of the within-named Mortgagee is P.O.Box 2026,Flint,MI 48501-2026. Witness my hand this day of Agent of Mortgagee tot6als VMP 0-6A(PA) (0mpi Page 16 of 16 L Form 3039 1101 1--4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 31sti day of October, 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned(the "Borrower")to secure Borrower's Note to FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 1028 WEST POMFRET STREET, CARLISLE, Pennsylvania 17013 [Property Address] 14 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender father covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Properly described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, ' appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distn'buting heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY, COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. MULTISTATE 1-4 FAMILY RIDER-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 31701/01 (=�-57R (0411) Page I of 3 Initials: !! ! ! r VMP Mortgage Solutions,Inc. -5 t✓ 118I�IIIIIII!� �II III���I 11� (800)521-7291 ` I E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases. of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOMMNT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (1) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (u) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security InsM=nt pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assigmnent of Rents of the Property shall terminate when a the sums m secured by the Security Instrument are paid in Initials: 57R (0411) Page 2 of 3 4Uorm 31701/01 � 3 L✓ i L CROSS-DEFAULT PROVISION. Borrower's default or breach under a note or agreement in which Lender has an interest shall be a breach under the Security any and Lender may invoke any of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider. (Seal) (Seal) MXCHAELP. LAMASON -Borrower OAYLE N -Borrower I I ' I (Seal) (Sea) -Borrower -Borrower I (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 57R (0411) Page 3 of 3 Form 31701/01 i I I •• r , First American Title Insurance Company Commitment Number:_ SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment Is described as follows: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle,and formerly In South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Survey made by Tom O. Beitsch, in January 1962, as follows: BEGINNING at a pin in the western line of land now or formerly of Leo Shallhammer,the same being in the western line of Lot No.3 as shown on the Plan of Lots of Sherwood V.Gibson,said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle,Pennsylvania, in Plan Book No.4, Page 68,which point is South 14 degrees 5 minutes West,a distance of 116.12 feet from an Iron pipe believed to be on the south side of West Pomfret Street measured along the western line of Lots Nos.5,4 and 3 of said Plan of Lots, and which iron pipe believed to be on the southern line of West Pomfret Street is 17 feet south of the existing Pennsylvania Power and Light Company electric pole line;thence South 14 degrees 5 minutes West along the western line of Lots 3,2 and 1 as shown on said Plan of Lots, a distance 117.5 feet to an iron pin, corner of land now or formerly of H.E. Barnhart;thence along said Barnhart land,South 73 degrees 35 minutes West, a distance of 42.8 feet to an Iron pin in line of land now or formerly of Earl Stum;thence by said Stum land, North 17 degrees 35 minutes West,a distance of 32.5 feet, more or less,to an Iron pin,corner of land of Norman R.Criswell and wife conveyed to said Criswell by deed recorded in the hereinafter mentioned Recorder's Office in Deed Book"F",Volume 18, Page 521;thence by said Criswell land, North 13 degrees 45 minutes East, a distance of 104.1 feet to a nail,which nail Is South 13 degrees 45 minutes West,a distance of 51 feet from the south wall of the dwelling house erected on land now or formerly of Norman R.Criswell et ux; thence along other land now or formerly of Robert L.Myers et ux;South 83 degrees 20 minutes East, a distance of 55.4 feet,more or less,to an iron pin in the western line of land now or formerly of Leo Shallhammer,the place of BEGINNING. HAVING thereon erected a 2-story 2-unit apartment building known as 1028 West Pomfret Street,Carlisle. TOGETHER with a right-of-way ten (10)feet wide for the purposes of Ingress,egress, and regress in common with the owners and occupiers,their heirs and assigns,of the land adjoining the within described land on the north and the land now or formerly of Norman R.Criswell et ux and the land adjoining said Criswell land on the west extending southwardly from Pomfret Street to the within described tract of land lying immediately west of the western line of Lots Nos.5,4 and 3 as shown on the said Plan of Lots of Sherwood V.Gibson and thence continuing In a westerly direction at a width of ten(10)feet parallel to and immediately adjoining the within described tract,and continuing in a westerly direction,a distance of 24.2 feet across land heretofore conveyed by Robert L. Myers and wife to Norman R.Criswell and wife, anb continuing still at a width of ten(10)feet, a distance of 55 feet parallel to the rear of the house erected on the lot of ground adjoining the lot of Norman R. Criswell and wife on the west, and then continuing at a width of(en(10)feet In a northerly direction, a distance of approximately 100 feet to Pomfret Street. Parcel Identification Number 04-20-1794-029A. BEING the same premises which Nancy P.La Porte by deed dated June 30,2005 and recorded July 14,2005 in the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania, In Deed Book 269, Page 4503, granted and conveyed unto Kenneth R.Showaker. ALTA Commitment Schedule C (07478/07478118) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE Vii ` ' CARLISLE, PA 17013 t ' 717-240-6370 Instrument Number-200741575 Recorded On 11/1/2007 At 2:33:20 PM *Total Pages-21 *Instrument Type-MORTGAGE Invoice Number-7991 User ID-AF *Mortgagor-LAMASON,MICHAEL J *Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. *Customer-KEYSTONE *Ems STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES -- $43.50 RECORDER OF DEEDS Thisa e i5 now art AFFORDABLE HOUSING $11.50 p g p COUNTY ARCHIVES FEE $2.00 Of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $70.50 I Certify this to be recorded in Cumberland County PA ��ap cury$� ° RECORDER O D EDS r/g0 *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. I ! 0008ZY I 2• i r NOTE October 310t, 2007 CAMP HILL, PA [Uatc) 1CM [State) 1028 WEST POMFRET STREET, CARLISLE, PA 17013 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$ 142,2 00.00 (t amount is called"Principal"), plus interest, to the order of the Lender.The Lender is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a yearly rate of 6.875 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on December 1st, 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 November 1st, 2037 ,I still owe amounts under this Note,I will pay those amounts in frill on that date,which is called the "Maturity Date." I will make my monthly payments at PO BOX 809 MEMPHIS, TN 38101 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S.$ 934.16 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due.A payment of Principal only is known as a "Prepayment."When I make a Prepayment,I will tell the Note Holder in writing that I am doing so.I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder 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 the Note.If I make a partial Prepayment,there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3200 Wolters Muwcr Financial Services VMP SN =7)A1 Page 1 0r3 tniWla: 5L- E I i !• S. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then: (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 which 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. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of i5 calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.00 % 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 me that if I do not pay the overdue amount by a . certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Nobe Holder Even if,at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example,reasonable attorneys' fees. 7. 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. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at.a different address if I am given a notice of that different address. S. 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 mace 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. 9. 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. Form 3 1/01 (Q VW@-5N n.01 Pap 2of3 Initials: GYl 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the "Security Instrument"),dated the same date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which 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 are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further j notice or demand on Borrower. i WITNESS THE HAND(S)AND SEALS)OF THE UNDERSIGNED. i �~ (Seal) � (Seal) MIt` AE J. LPiMI�80N -11mmwer ON -Borrower i Pay to the order of Without recourse ( ) �Loans, f (Seal) -Borrower Divisionof MetL{fe Bank,N.A. -Boffower By — Ed Fisher,Manager-Loan Administration (Seal) (Seal) -Borrower HOma Wim,a D ision of Afe€Life genic,ALA Borrower Wfthout Recourse First Horizon Home Loans,a division of FirstTennessee Bank N.A. ! (heal) by, � (Seal) -Borrower bettncla UaArman.Senior Vice Preafden -Borrower JWgn Original Only] I f I i VNP 9-5N to P.or Page 3 of 3 Form 32041/01 P.O.Box 183205 Columbus,OH 43218 USPS CERTIFIED MAIL TM For Undeliverable Mail Only 9214 8901 0754 4635 5831 78 000580-1 of 5 NSPOHDLA-CA J0820875 0000000 GAYLE R LAMASON 1028W POMFRET STREET CARLISLE PA 17013 Chase(OH4-7399) CHASE i P.O.Box 183205 Columbus,OH 43218 For Undeliverable Mail Only 04/09/2014 CERTIFIED MAIL: Return Receipt Requested and First Class Mail GAYLE R LAMASON 1028W POMFRET STREET CARLISLE,PA 17013 Act 91 Notice Account: ******3099(the "Loan") Property Address: 1028W POMFRET STREET CARLISLE,PA 17013 (the "Property") Dear GAYLE R LAMASON: On the following page,you will find a notice regarding your home as required by Pennsylvania law. Certified Article k:9214 8901 0754 4635 5831 78 000580-2 of 5 NSPOHDLA-CA J0820875 OOOOD00 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at 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. HOMEOWNER'S NAME(S): MICHAEL J LAMASON GAYLE R LAMASON PROPERTY ADDRESS: 1028W POMFRET STREET CARLISLE PA 17013 LOAN ACCOUNT NUMBER: ORIGINAL LENDER: "WON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK N.A. CURRENT LENDER/SERVICER: JPMorgan Chase Bank,N.A. Certified Article#:9214 8901 0754 4635 5831 78 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(3 0)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. YOU SHOULD FILE HEMAPAPPLICATIONAS SOONAS POSSIBLE.IF YOU HAVEA MEETING WITHA CO UNSELING A GENCY WITHIN THIRTY-THREE(33)DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH THE PHFA WITHIN THIRTY(30)DA IS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PREVENTED FROM STARTING A FORECL OS URE A CTION A GAINST YO UR PROPERTY,AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARYSTA Y OF FORECLOSURE." YOUJL4 VE THE RIGHT TO FILE HEMAPAPPLICATION EVENBEYOND THESE TIME PERIODS.A LA TE APPLICA TION WILL NOT PREVENT THE LENDER FROM STARTING A FORECL OS URE A CTION,BUT IF YOUR APPLICATION IS E VENTUALL Y APPR 0 VED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Certified Article k:9214 8901 0754 4635 5831 78 000580-3 of 5 NSPOHDLA-CA J0820875 0000000 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 INFORMATIONAL 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: 1028W POMFRET STREET, CARLISLE,PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/01/2013; $1,320.72 12/01/2013; $1,309.12 01/01/2014; $1,309.12 02/01/2014; $1,309.12 03/01/2014; $1,309.12 04/01/2014; $1,309.12 Other charges: Late Charges: $0.00 Insufficient Funds(NSF)Fees: $0.00 Other Fees: $0.00 Advances: $0.00 Amount Held in Suspense: $0.00 TOTAL AMOUNT PAST DUE: $7,866.32 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 $7,866.32,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30)-DAY PERIOD.Payments must be made by cash,cashier's check,certified check or money order made payable and sent to: Overnight/Regular Mail: Chase Mail Code: OH4-7133 3415 Vision Drive Columbus, OH 43219-6009 Certified Article#:9214 8901 0754 4635 5831 78 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30) DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the mortgage debt.This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS,the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00.However,if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00.Any attorney's fees will be added to the amount you owe the lender,which may also include other reasonable costs. If you cure the default within the THIRTY(30)-DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY(30)-DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale You may do so by pang the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender,and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five to six (5 to 6) months from the date of this Notice.A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait.You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Chase Address: Mail Code: 0114-7384 P.O.Box 41275 Jacksonville,FL 32203-1275 Telephone Number: 800-848-9380 Fax Number: 614-500-4605 Contact Person: Bruno Mejia E-mail Address: state.programs.intake@jpmehase.com 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. ASSUMPTION OF MORTGAGE--You X mayor 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. Certified Article 4:9214 8901 0754 4635 5831 78 000580-4 of 5 NSPOHDLA-CA J0820875 0000000 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. Certified Article#:9214 8901 0754 4635 5831 78 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY PHONE I ADDRESS CITY ZIP CODE Advantage Credit Counseling 888-511-2227 2000 Linglestown Road Harrisburg 17102 Service/CCCS of Western PA Community Action Commission of 717-232-9757 1514 Derry Street Harrisburg 17104 Capital Re ion Housing Alliance of York/Y Housing 717-855-2752 290 West Market Street York Resources 17401 Maranatha 717-762-3285 43 Philadel hia Avenue Wa nesboro 17268 Pennsylvania Interfaith Community 717-334-1518 40 E.High Street Gettysburg 17325 Programs,Inc. PHFA 717-780-3940 211 North Front Street Harrisburg 17110 800-342-2397 Certified Anicle q:9214 8901 0754 4635 5831 78 000580.5 of 5 NSPOHDLA-CA J0820875 0000000 If you are represented by an attorney,please refer this letter to your attorney and provide us with the attorney's name,address,and telephone number. To the extent your original obligation was discharged,or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code,this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation.However,a secured party retains rights under its security instrument,including the right to foreclose its lien. IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are or recently were on active duty or active service,you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act(SCRA).This includes protection from foreclosure or eviction.You may also be eligible for benefits and protections under state law. SCRA and state Military benefits and protections also may be available if you are the dependent of an eligible Servicemember. Eligible service may include: • Active duty with the Army,Navy,Air Force,Marine Corps,or Coast Guard,or • Active service as a commissioned officer of the National Oceanic and Atmospheric Administration,or • Active service as a commissioned officer of the Public Health Service,or • Service with the forces of a nation with which the United States is allied in a war or Military action,or • Service with the National Guard of a state militia under a state call of duty,or • Any period when you are absent from duty because of sickness,wounds,leave,or other lawful cause. For more information,please call Chase Military Services at 877-469-0110. AN IMPORTANT REMINDER FOR ALL OUR CUSTOMERS As stated in the"Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan"'distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan,especially if they require a fee in advance."Loan modification scams should be reported to PreventLoanScams.org,or by calling 888-995-HOPE; 888-995-4673.We offer loan modification assistance free of charge (i.e.,no modification fee required).Please call us immediately at 866-550-5705 to discuss your options. The longer you delay,the fewer options you may have. BW860 Certified Article#:9214 8901 0754 4635 5831 78 P.O.Box 183205 Columbus,OH 43218 USPS CERTIFIED MAIL Tm For Undeliverable Mail Only 9214 8901 0754 4635 5831 61 000579-I of 5 NSPOHDI A-CA]0820875 0000000 GAYLE R LAMASON 1435 GOODYEAR RD GARDNERS PA 17324-8906 Chase(OH4-7399) CHASE !i P.O.Box 183205 Columbus,OH 43218 For Undeliverable Mail Only 04/09/2014 CERTIFIED MAIL: Return Receipt Requested and First Class Mail GAYLE R LAMASON 1435 GOODYEAR RD GARDNERS,PA 17324-8906 Act 91 Notice Account: ******3099(the "Loan") Property Address: 1028W POMFRET STREET CARLISLE,PA 17013 (the"Property") Dear GAYLE R LAMASON: On the following page,you will find a notice regarding your home as required by Pennsylvania law. Certified Article#:9214 8901 0754 4635 5831 81 000579-2 of 5 NSPOHDLA-CA J0820875 0000000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (,33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address. and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll-free at 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. HOMEOWNER'S NAME(S): MICHAEL J LAMASON GAYLE R LAMASON PROPERTY ADDRESS: 1028W POMFRET STREET CARLISLE,PA 17013 LOAN ACCOUNT NUMBER: ORIGINAL LENDER: FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK N.A. CURRENT LENDER/SERVICER: JPMorgan Chase Bank,N.A. Certified Article#:9214 8901 0754 4635 5831 61 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 properly 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. YOUSHOULD FILEA HEMAPA PPLICATIONAS SOONAS POSSIBLE.IF YOUHAVEA MEETING WITHA COUNSELINGAGENCY WITHIN THIRTY-THREE(33)DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH THE PHFA WITHIN THIRTY(30)DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTIONA GAINST YO UR PROPERTY,AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORAR Y STA Y OF FORECLOSURE." YOUJL4 VE THE RIGHT TO FILE HEMAP APPLICA TION EVEN BEYOND THESE TIME PERIODS.A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECL OS URE A CTION,BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED ATANY TIME BEFORE SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Certified Article#:9214 8901 0754 4635 5831 61 000579-3 of 5 NSPOHDLA-CA J0820875 0000000 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 INFORMATIONAL 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: 1028W POMFRET STREET, CARLISLE,PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/01/2013; $1,320.72 12/01/2013; $1,309.12 01/01/2014; $1,309.12 02/01/2014; $1,309.12 03/01/2014; $1,309.12 04/01/2014; $1,309.12 Other charges: Late Charges: $0.00 Insufficient Funds(NSF)Fees: $0.00 Other Fees: $0.00 Advances: $0.00 Amount Held in Suspense: $0.00 TOTAL AMOUNT PAST DUE: $7,866.32 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 $7,866.32,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30)-DAY PERIOD.Payments must be made by cash,cashier's check,certified check or money order made payable and sent to: Overnight/Regular Mail: Chase Mail Code: OH4-7133 3415 Vision Drive Columbus, OH 43219-6009 Certified Article 4:9214 8901 0754 4635 5831 61 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30) DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the mortgage debt.This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS,the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to$50.00.However,if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00.Any attorney's fees will be added to the amount you owe the lender,which may also include other reasonable costs. If you cure the default within the THIRTY(30)-DAY period you will not be required to lay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY(30)-DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due,plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale,and any other costs connected with the Sheriffs Sale as specified in writing by the lender,and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position'as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately five to six (5 to 6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait.You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Chase Address: Mail Code: OH4-7384 P.O.Box 41275 Jacksonville,FL 32203-1275 Telephone Number: 800-848-9380 Fax Number: 614-500-4605 Contact Person: Bruno Mejia E-mail Address: state.programs.intake@jpmchase.com 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. ASSUMPTION OF MORTGAGE--You X mayor,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. Certified Article#:9214 8901 0754 4635 5831 61 000579-4 of 5 NSPOHDLA-CA J0820875 0000000 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. Certified Article#:9214 8901 0754 4635 5831 61 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY PHONE ADDRESS CITYI ZIP CODE Advantage Credit Counseling 888-511-2227 2000 Linglestown Road Harrisburg 171.02 Service/CCCS of Western PA Community Action Commission of 717-232-9757 1514 Derry Street Harrisburg 17104 Capital Region Housing Alliance of York/Y Housing 717-855-2752 290 West Market Street York 17401 Resources Maranatha 717-762-3285 43 Philadelphia Avenue Wa nesboro 17268 Pennsylvania Interfaith Community 717-334-1518 40 E.High Street Gettysburg 17325 Pro rams Inc. PHFA 717-780-3940 211 North Front Street Harrisburg .17110 800-342-2397 Certified Anicle k:9214 8901 0754 4635 583161 000579.5 of 5 NSPOHDLA-CA J0820875 0000000 If you are represented by an attorney,please refer this letter to your attorney and provide us with the attorney's name,address,and telephone number. To the extent your original obligation was discharged,or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code,this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation.However,a secured party retains rights under its security instrument,including the right to foreclose its lien. IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are or recently were on active duty or active service,you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act(SCRA).This includes protection from foreclosure or eviction.You may also be eligible for benefits and protections under state law. SCRA and state Military benefits and protections also may be available if you are the dependent of an eligible Servicemember. Eligible service may include: • Active duty with the Army,Navy,Air Force,Marine Corps,or Coast Guard,or • Active service as a commissioned officer of the National Oceanic and Atmospheric Administration,or • Active service as a commissioned officer of the Public Health Service,or • Service with the forces of a nation with which the United States is allied in a war or Military action,or • Service with the National Guard of a state militia under a state call of duty,or • Any period when you are absent from duty because of sickness,wounds,leave,or other lawful cause. For more information,please call Chase Military Services at 877-469-0110. AN IMPORTANT REMINDER FOR ALL OUR CUSTOMERS As stated in the"Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan"distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan,especially if they require a fee in advance."Loan modification scams should be reported to PreventLoanScams.org,or by calling 888-995-HOPE; 888-995-4673.We offer loan modification assistance free of charge(i.e.,no modification fee required). Please call us immediately at 866-550-5705 to discuss your options.The longer you delay,the fewer options you may have. BW860 Certified Article ii:9214 8901 0754 4635 5831 61 P.O.Box 183205 USPS CERTIFIED MAIL Tm Columbus,OH 43218 For Undeliverable Mail Only 9214 8901 0754 4635 5831 85 000585-1 of 5 NSPOHMA-CA 10820875 0000000 MICHAEL J LAMASON 1435 GOODYEAR RD GARDNERS PA 17324-8906 CHASE ! Chase(OH4-7399) P.O.Box 183205 Columbus,OH 43218 For Undeliverable Mail Only 04/09/2014 CERTIFIED MAIL: Return Receipt Requested and First Class Mail MICHAEL J LAMASON 1435 GOODYEAR RD GARDNERS,PA 17324-8906 Act 91 Notice Account: ******3099(the"Loan") Property Address: 1028W POMFRET STREET CARLISLE,PA 17013 (the"Property") Dear MICHAEL J LAMASON: On the following page,you will find a notice regarding your home as required by Pennsylvania law. Cert'rfied Article#:9214 8901 0754 4635 5831 85 000585.2 of 5 NSPOHDLA-CA J0820875 0000000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any auestions, you may call the Pennsylvania Housing Finance Agency toll-free at 800-342-2397. (Persons with impaired hearing can call 717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA,PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA 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. HOMEOWNER'S NAME(S): MICHAEL J LAMASON GAYLE R LAMASON PROPERTY ADDRESS: 1028W POMFRET STREET CARLISLE,PA 17013 LOAN ACCOUNT NUMBER: ORIGINAL LENDER: FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK N.A. CURRENT LENDER/SERVICER: JPMorgan Chase Bank,N.A. Certified Article#:9214 8901 0754 4635 5831 85 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. YOUSHO ULD FILE HEMAPAPPLICATION ASSOON ASPOSSIBLE IF YOUJL4 VEA MEETING WITHA CO UNSELING A GENC Y WITHIN THIRTY-THREE(33)DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH THE PHFA WITHIN THIRTY(30)DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROMSTARTINGA FORECLOSUREACTIONAGAINST YOUR PROPERTY,AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE." YOUHAVE THE RIGHT TO FILE A HEAL P APPLICATION EVEN BEYOND THESE TIME PERIODS.A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUREACTION,BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED ATANY TIME BEFORE SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Certified Article#:9214 8901 0754 4635 5831 85 000585-3 of 5 NSPOHDLA-CA J0820875 0000000 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 INFORMATIONAL 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: 1028W POMFRET STREET, CARLISLE,PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/01/2013; $1,320.72 12/01/2013; $1,309.12 01/01/2014; $1,309.12 02/01/2014; $1,309.12 03/01/2014; $1,309.12 04/01/2014; $1,309.12 Other charges: Late Charges: $0.00 Insufficient Funds(NSF)Fees: $0.00 Other Fees: $0.00 Advances: $0.00 Amount Held in Suspense: $0.00 TOTAL AMOUNT PAST DUE: $7,866.32 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 $7,866.32,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)-DAY PERIOD.Payments must be made by cash cashier's check.certified check or money order made payable and sent to: Overnight/Regular Mail: Chase Mail Code: OH4-7133 3415 Vision Drive Columbus, OH 43219-6009 Certified Article#:9214 8901 0754 4635 5831 85 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the mortgage debt.This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments.If full payment of the total amount past due is not made within THIRTY (30)DAYS,the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to$50.00.However,if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00.Any attorney's fees will be added to the amount you owe the lender,which may also include other reasonable costs. If you cure the default within the THIRTY (30)-DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY(30)-DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time>p to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or other charges then due,reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender,and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five to six (5 to 6) months from the date of this Notice.A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait.You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Chase Address: Mail Code: OH4-7384 P.O.Box 41275 Jacksonville,FL 32203-1275 Telephone Number: 800-848-9380 Fax Number: 614-500-4605 Contact Person: Bruno Mejia E-mail Address: state.programs.intake@jpmchase.com 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 Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You X may or 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. Certified Article#:9214 8901 0754 4635 5831 85 000585-4 of 5 NSPOHDLA-CA J0820875 0000000 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. Certified Article#:9214 8901 0754 4635 5831 85 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY PHONE ADDRESS CITY ZIP CODE Advantage Credit Counseling 888-511-2227 2000 Linglestown Road Harrisburg 17102 Service/CCCS of Western PA Community Action Commission of 717-232-9757 1514 Derry Street Harrisburg 17104 Capital Region Housing Alliance of York/Y Housing 717-855-2752 290 West Market Street York Resources 17401 Maranatha 717-762-3285 1 43 Philadelphia Avenue Wa nesboro 1 17268 Pennsylvania Interfaith Community 717-334-1518 40 E. High Street Gettysburg 17325 Pro rams,Inc. PHFA 717-780-3940 211 North Front Street Harrisburg 17110 800-342-2397 Certified Article 4:9214 8901 0754 4635 5831 85 000585-5 of 5 NSPOHDLA-CA J0820875 0000000 If you are represented by an attorney,please refer this letter to your attorney and provide us with the attorney's name,address,and telephone number. To the extent your original obligation was discharged,or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code,this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation.However,a secured party retains rights under its security instrument,including the right to foreclose its lien. IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are or recently were on active duty or active service,you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act(SCRA).This includes protection from foreclosure or eviction.You may also be eligible for benefits and protections under state law. SCRA and state Military benefits and protections also may be available if you are the dependent of an eligible Servicemember. Eligible service may include: • Active duty with the Army,Navy,Air Force,Marine Corps,or Coast Guard,or • Active service as a commissioned officer of the National Oceanic and Atmospheric Administration,or • Active service as a commissioned officer of the Public Health Service,or • Service with the forces of a nation with which the United States is allied in a war or Military action,or • Service with the National Guard of a state militia under a state call of duty,or • Any period when you are absent from duty because of sickness,wounds,leave,or other lawful cause. For more information,please call Chase Military Services at 877-469-0110. AN IMPORTANT REMINDER FOR ALL OUR CUSTOMERS As stated in the"Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan"distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance."Loan modification scams should be reported to PreventLoanScams.org,or by calling 888-995-HOPE; 888-995-4673.We offer loan modification assistance free of charge (i.e.,no modification fee required). Please call us immediately at 866-550-5705 to discuss your options. The longer you delay,the fewer options you may have. BW860 Certified Article#:9214 8901 0754 4635 5831 85 P.O.Box 183205 Columbus,OH 43218 USPS CERTIFIED MAIL TM For Undeliverable Mail Only 9214 8901 0754 4635 5831 54 000578-1 of 5 NSPOHDLA-CA J0820875 0000000 MICHAEL J LAMASON 1028W POMFRET STREET CARLISLE PA 17013 Chase(OH4-7399) CHASE 0 P.O.Box 183205 Columbus,OH 43218 For Undeliverable Mail Only 04/09/2014 CERTIFIED MAIL: Return Receipt Requested and First Class Mail MICHAEL J LAMASON 1028W POMFRET STREET CARLISLE,PA 17013 Act 91 Notice Account: ******3099(the "Loan") Property Address: 1028W POMFRET STREET CARLISLE,PA 17013 (the"Property") Dear MICHAEL J LAMASON: On the following page,you will find a notice regarding your home as required by Pennsylvania law. Certified Article*:9214 8901 0754 4635 5831 54 000578-2 of 5 NSPOHDLA-CA J0820875 0000000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help.you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies servingyourCounty are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at 800-342-2397. (Persons with impaired hearing can call 717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA 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. HOMEOWNER'S NAME(S): MICHAEL J LAMASON GAYLE R LAMASON PROPERTY ADDRESS: 1028W POMFRET STREET CARLISLE,PA 17013 LOAN ACCOUNT NUMBER: ORIGINAL LENDER: FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK N.A. CURRENT LENDER/SERVICER: JPMorgan Chase Bank,N.A. Certified Article 4:9214 8901 0764 4635 5831 54 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. YOUSHO ULD FILE HEMAP APPLICA TION AS SOON AS POSSIBLE. IF YOUHAVEA MEETING WITH CO UNSELING A GENCY WITHIN THIRTY-THREE(33)DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN THIRTY(3 0)DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PREVENTED FROM STARTING A FORECLOSURE ACTIONAGAINST YOUR PROPERTY,AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE." YO U HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS.A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUREACTION,BUT IF YOUR APPLICATIONIS EVENTUALLYAPPROVED ATANY TIME BEFORE SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Certified Article#:9214 8901 0754 4635 6831 54 000578-3 of 5 NSPOHDLA-CA J0820875 0000000 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 INFORMATIONAL 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: 1028W POMFRET STREET, CARLISLE,PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/01/2013; $1,320.72 12/01/2013; $1,309.12 01/01/2014; $1,309.12 02/01/2014; $1,309.12 03/01/2014; $1,309.12 04/01/2014; $1,309.12 Other charges: Late Charges: $0.00 Insufficient Funds(NSF)Fees: $0.00 Other Fees: $0.00 Advances: $0.00 Amount Held in Suspense: $0.00 TOTAL AMOUNT PAST DUE: $7,866.32 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 $7,866.32,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30)-DAY PERIOD.Payments must be made by cash,cashier's check,certified check or money order made payable and sent to: Overnight/Regular Mail: Chase Mail Code: 01-14-7133 3415 Vision Drive Columbus, OH 43219-6009 Cert'rfied Article#:9214 8901 0754 4635 5831 54 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30) DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the mortgage debt.This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS,the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00.However,if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00.Any attorney's fees will be added to the amount you owe the lender,which may also include other reasonable costs.If you cure the default within the THIRTY (30)-DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY(30)-DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due,plus any late or other charges then due,reasonable attorney's fees and costs connected with the foreclosure sale. and any other costs connected with the Sheriff s Sale as specified in writing by the lender,and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five to six (5 to 6) months from the date of this Notice.A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait.You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Chase Address: Mail Code: OH4-7384 P.O.Box 41275 Jacksonville,FL 32203-1275 Telephone Number: 800-848-9380 Fax Number: 614-500-4605 Contact Person: Bruno Mejia E-mail Address: state.programs.intake@jpmchase.com EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You X may or 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. Certified Article k:9214 8901 0754 4635 5831 54 000578-4 of 5 NSPOHDLA-CA J0820875 0000000 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, Certified Article#:9214 8901 0754 4635 583154 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY PHONE 1. ADDRESS CITY ZIP CODE Advantage Credit Counseling 888-511-2227 2000 Linglestown Road Harrisburg 17102 Service/CCCS of Western PA Community Action Commission of 717-232-9757 1514 Derry Street Harrisburg 17104 Capital Region Housing Alliance of York/Y Housing 717-855-2752 290 West Market Street York 17401 Resources Maranatha 717-762-3285 43 Philadelphia Avenue Wayne 17268 Pennsylvania Interfaith Community 717-334-1518 40 E.High Street Gettysburg 17325 Programs,Inc. PHFA 717-780-3940 211 North Front Street Harrisbwrg 17110 800-342-2397 Certified Article#:9214 8901 0754 4635 5831 54 000578-5 of 5 NSPOHDLA-CA J0820875 0000000 V If you are represented by an attorney,please refer this letter to your attorney and provide us with the attorney's name,address,and telephone number. To the extent your original obligation was discharged,or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code,this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation.However,a secured party retains rights under its security instrument,including the right to foreclose its lien. IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are or recently were on active duty or active service,you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act(SCRA).This includes protection from foreclosure or eviction.You may also be eligible for benefits and protections under state law. SCRA and state Military benefits and protections also may be available if you are the dependent of an eligible Servicemember. Eligible service may include: • Active duty with the Army,Navy,Air Force,Marine Corps,or Coast Guard,or • Active service as a commissioned officer of the National Oceanic and Atmospheric Administration,or • Active service as a commissioned officer of the Public Health Service,or • Service with the forces of a nation with which the United States is allied in a war or Military action,or • Service with the National Guard of a state militia under a state call of duty,or • Any period when you are absent from duty because of sickness,wounds,leave,or other lawful cause. For more information,please call Chase Military Services at 877-469-0110. AN IMPORTANT REMINDER FOR ALL OUR CUSTOMERS As stated in the"Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan"distributed by the Obama Administration,"Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan,especially if they require a fee in advance."Loan modification scams should be reported to PreventLoanScams.org,or by calling 888-995-HOPE; 888-995-4673.We offer loan modification assistance free of charge (i.e.,no modification fee required). Please call us immediately at 866-550-5705 to discuss your options.The longer you delay,the fewer options you may have. BW860 Certified Article s:9214 8901 0754 4635 5831 54 Pennsylvania Verification Sharon Ray , hereby states that he/she is Vice President of JPMorgan Chase Bank, N.A.the 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 my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Sharon Rayer Vice President Date: 10/16/14 JPMorgan Chase Bank,N.A Borrower: Michael J Lamason and Gayle R Lamason Property Address: 1028 W Pomfret Street, Carlisle, PA 17013 County: Cumberland Last Four of Loan Number:3099 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY of Clittit „ 7,,s4 OF THE .,5.-fERrFP FIF_D-GF-\[E rAFOTHO�T �A1\\ 7814 NOV 1 PN 2;59 CH -- [U N Ty PENNSYLVANIA JPMorgan Chase Bank, National Assocation vs. Michael J Lamason (et al.) Case Number 2014-6341 SHERIFF'S RETURN OF SERVICE 11/04/2014 07:47 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Michael J Lamason at 1435 Goodyear RoadDickinson Township, Gardners, PA 17324. HRKSTD~ R SHARPEDEPUTY 11/04/2014 07:47 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Michael Lamason, husband, who accepted as "Adult Person in Charge" for Gayle R Lamason at 1435 Goodyear Road, Dickinson Township, Gardners, PA 17324. CHR|GTOF�^ R SHARPE, DEPUTY 11X06/2014 04:42 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing atnuecnpytoaperoonvepnosentingthemue|veotobeyWarkGeorge.Tentant.wh000ce[tedaa^Adu|t Person in Charge" for Occupantat 1028 W. Pomfret Street, Cadio|eBor. 6gh, Carlisle, PA 17013. -� (VA, �~� N G AL , DEPUTY SHERIFF COST: s78.21 SO ANSWERS, November 07, 2014 (c)Count.ySuito Sheriff, Teleosoft, Inc. RDNNYRANDERSON, SHERIFF