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HomeMy WebLinkAbout14-6364 Supreme Court of Pennsylvania Court of Common'Pleas For Prothonotary Use Only: Civil,Cover Sheet Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form aloes not supplement or replace the f ling and service of pleadin 7s or other papers as required by law or rules of court. Commencement of Action: S El Complaint F1 Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: U.S. Bank National Association Barton Shively and The United States of America T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes No (check one) F1outside arbitration limits O N Is this a Class Action Suit? El Yes H No Is this an MDJAppeal? 0 Yes R No A Name of Plaintiff/Appellant's Attorney: Andrew J. Marley, Esquire G,hcct,i'.,TL re ifycu lhz ..no attoZ nei (area Seff-Rcprv��,nLczdt 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 0 Buyer Plaintiff Administrative Agencies El Malicious Prosecution Debt Collection:Credit Card El Board of Assessment E] Motor Vehicle Q Debt Collection:Other F] Board of Elections Nuisance E] Dept.of Transportation 0 Premises Liability 0 Statutory Appeal:Other S M Product Liability (does not include El Employment Dispute: E mass tort) El Slander/Libel/Defamation Discrimination C ❑ Other: El Employment Dispute:Other Zoning Board T El Other: I E] Other: O MASS TORT 0 Asbestos N M Tobacco 0 Toxic Tort-DES _ 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS M Toxic Waste Other: El Ejectment Q Common Law/Statutory Arbitration B El Eminent Domain/Condemnation E] Declaratory Judgment El Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute F1 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY rl Mortgage Foreclosure:Commercial El Quo Warranto F1 Dental Partition 0 Replevin El Legal Quiet Title El Other: 0 Medical F1 Other: Other Professional: ------------ Updated I/1/2011 STEVEN K.EISENBERG,ESQUIRE(75736) M. TROY FREEDMAN,ESQUIRE(85165) LESLIE J. RASE,ESQUIRE(58365) ANDREW J. MARLEY,ESQUIRE 312314 JACQUELINE F. McNALLY,ESQUIRE(201332) THOMAS F. GALLAGHER,ESQUIRE(316368) t L_ : EDWARD J. McKEE,ESQUIRE(316721) STERN&EISENBERQ PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 (COUNSEL FOT',PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY _ ivy U.S. Bank National Association, as Trustee for Civil Action Number: ) .'L'3jq Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-EFC4, by its servicer Ocwen Loan Servicing, LLC Complaint in Mortgage Foreclosure 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 (Plaintiff) V. Barton Shively 421 West Keller Street Mechanicsburg, PA 17055-3732 And The United States of America C/o U.S.Attorney for the Middle District of Pennsylvania 228 Walnut Street, Suite 220 Harrisburg, PA 17108 (Defendant(s)) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE (��D C� - C, Y V P<-+F a r) You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle,PA 17013 (800)990-9108 STEVEN K. EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J. RASE,ESQUIRE(58365) ANDREW J. MARLEY,ESQUIRE(312314) JACQUELINE F.McNALLY,ESQUIRE(201332) THOMAS F. GALLAGHER,ESQUIRE(316368) EDWARD J. McKEE,ESQUIRE(31672 1) STERN&EISENBERG,PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY U.S. Bank National Association, as Trustee for Civil Action Number: Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-EFC4, by its servicer Ocwen Loan Servicing, LLC Complaint in Mortgage Foreclosure 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 (Plaintiff) V. Barton Shively 421 West Keller Street Mechanicsburg, PA 17055-3732 and The United States of America C/o U.S.Attorney for the Middle District of Pennsylvania 228 Walnut Street, Suite 220 Harrisburg, PA 17108 (Defendant(s)) CIVIL ACTION—MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si usted defend against the claims set forth in the quiere defenderse de estas demandas expuestas en following pages, you must take action within las paginas siguientes, usted tiene veinte (20) dias twenty (20) days after this complaint and notice de plazo al partir de la fecha de la demanda y la are served by entering a written appearance notificacion. Hace falta asentar una comparencia personally or by attorney and filing in writing escrita o en persona o con un abogado y entregar a with the court your defenses or objections to the la corte en forma escrita sus defensas o sus claims set forth against you. You are warned that objeciones a las demandas en contra de su if you fail to do so the case may proceed without persona. Sea avisado que si usted no se defiende, you and a judgment may be entered against you la corte tomara medidas y puede continuar la by the court without further notice for any money demanda en contra suya sin previo aviso o claimed in the complaint or for any other claim or notificacion. Ademas, la corte puede decidir a relief requested by the plaintiff. You may lose favor del demandante y requiere que usted cumpla money or property or other rights important to con todas las provisiones de esta demanda. Usted you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE Lleva esta demanda a un abogado A LAWYER, OR CANNOT AFFORD ONE, GO inmediatamente. Si no tiene abogado o si no tiene TO OR TELEPHONE THE OFFICE SET FORTH el dinero suficiente de pagar tal servicio, vaya en BELOW TO FIND OUT WHERE YOU CAN persona o llame por telefono a la oficina cuya GET LEGAL HELP. THIS OFFICE CAN direccion se encuentra escrita abajo para averiguar PROVIDE YOU WITH INFORMATION donde se puede conseguir asistencia legal. ABOUT HIRING A LAWYER. IF YOU CANNOTAFFORD TO HIRER LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA TION A B 0 UTA GENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FEE OR NO FEE. Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise,the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter,this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY(AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE (OR OTHER SECURED OBLIGATION)AND HAVE NOT REAFFIRMED THE DEBT)THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY(SECURED PROPERTY). STEVEN K. EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J. RASE,ESQUIRE(58365) ANDREW J. MARLEY,ESQUIRE(312314) JACQUELINE F.McNALLY,ESQUIRE(201332) THOMAS F. GALLAGHER,ESQUIRE(316368) EDWARD J.McKEE,ESQUIRE(31672 1) STERN&EISENBERG,PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY U.S. Bank National Association, as Trustee for Civil Action Number: Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-EFC4, by its servicer Ocwen Loan Servicing, LLC Complaint in Mortgage Foreclosure 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 (Plaintiff) V. Barton Shively 421 West Keller Street Mechanicsburg, PA 17055-3732 And The United States of America C/o U.S.Attorney for the Middle District of Pennsylvania 228 Walnut Street, Suite 220 Harrisburg, PA 17108 (Defendant(s)) COMPLAINT CIVIL ACTION—MORTGAGE FORECLOSURE 1. Plaintiff is U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-EFC4, by its servicer Ocwen Loan Servicing, LLC (hereinafter referred to as "U.S. Bank National Association, as Trustee") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. 2. Defendant(s) are Barton Shively an adult individual and United States of America, c/o U.S. Attorney for the Middle District of Pennsylvania with a last-known address of 421 West Keller Street Mechanicsburg, PA 17055-3732 and 228 Walnut Street, Suite 220 Harrisburg, PA 17108 3. Defendant(s) listed below are made Defendant(s) as a result of the lien(s) duly recorded against the real property subject of this action, as follows: 4. The United States of America is made a Defendant as a result of the lien(s) recorded by the Internal Revenue Service against the Barton Shively subject of this action. The liens in question are: i. Internal Revenue Service vs Barton W Shively, December Term 2008, (instrument) 08-7538, filed 12/31/2008, $6,653.67. ii. Internal Revenue Service vs Barton W Shively,April Term 2011, (instrument) 11-4181, filed 05/06/2011, $ 2,884.30. 5. Under the date of 06/28/2005, defendants, Barton Shively, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for EquiFirst Corporation a mortgage upon the property 421 West Keller Street, Mechanicsburg, PA 17055 (the "Property") to secure the payment of the sum of$71,515.00. The said mortgage is recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania on 07/05/2005, at Book 1913 at Page 1417, and is incorporated herein by reference as though set forth at length herein. A true and accurate copy of said Mortgage is attached hereto and made a part hereof as Exhibit "A" 6. Assignment transferring the mortgage originally with Mortgage Electronic Registration Systems, Inc. as nominee for EquiFirst Corporation (Originating Lender) is as follows: i. Assignment from Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation, its successors and assigns to US Bank National Association as Trustee for RAMP 2005-EFC4, Recorded on September 13, 2012, in(instrument) 201228022, Cumberland County, Pennsylvania. a. Corrective Assignment from Mortgage Electronic Registration Systems, Inc., (MERS) solely as nominee for EquiFirst Corporation, its successors and assigns to U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005- EFC4 recorded on 09/17/2014, in instrument 201421068 was duly recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania 7. Barton Shively is the real owner of Property 421 West Keller Street, Mechanicsburg, PA 17055. 8. In accordance with Pennsylvania law, the required pre-foreclosure notice (under Act 91/Act 6 as may be applicable), was sent to the defendant(s) and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto, made a part here of, and marked as Exhibit`B". 9. The said loan is in default as a result of the failure to pay the monthly installment of$767.14 due on January 01, 2014 and each month thereafter. 10. The following is due on the loan: PRINCIPAL BALANCE: ..................................................................$62,847.09 INTEREST TO THE DATE OF 09/02/2014 AT THE CURRENT RATE OF 6.6500% (CURRENTLY A PER DIEM OF $11.450223) ................................$3,145.97 ESCROW ADVANCES:....................................................................$2,221.95 BPOS/APPRAISALS: .......................................................................$200.00 PROPERTY INSPECTION:..............................................................$156.00 TITLE COSTS:................................................................................. $460.00 PRIOR SERVICER AMOUNTS: ..................................................... $258.95 FORECLOSURE COST................................................................... $100.00 LATE CHARGES ACCRUED TO 09/02/2014:............................... $989.66 (LATE CHARGES AFTER 09/02/2014 SHALL ACCRUE AT THE MONTHLY RATE OF $22.96.) LESS SUSPENSE BALANCE:.........................................................($-18.54) TOTALDUE:.....................................................................................$70,361.08 Attorney fees and costs are allowed in conformity with the mortgage documents and Pennsylvania law, and Plaintiff reserves the right to recover these amounts incurred and to be incurred in bringing and maintaining this action. WHEREFORE, Plaintiff,U.S. Bank National Association, as Trustee requests this Court to enter judgment,IN REM, for foreclosure of the mortgaged property for the sum of$70,361.08 and all other amounts set forth above, less any suspense as set forth above,together with record costs, and any other amounts that accrue including, but not limited to, attorney fees and costs over the course of the instant matter, and for the foreclosure and sale of the mortgaged property. /�_ Respe u ly b Iffi'tted: By: Steven K. Eisb g,Esquire (75736) ❑ M. Troy Free an, Esquire(85165) ❑ Leslie J. Rase,Esquire(58365) Andrew J. Marley, Esquire(312314) ❑ Thomas F. Gallagher, Esquire(316368) ❑ Edward J. McKee, Esquire(31672 1) Stern &Eisenberg,PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 Phone: (215) 572-8111 Facsimile: (215) 572-5025 /03 I IDLOlq tfreedman@stemeisenberg.com Date: Re: Barton Shively : 421 West Keller Street,Mechanicsburg,PA 17055 XXXXX63004 VERIFICATION I,the undersigned, Pati Dickinson ,of Ocwen Loan Servicing,LLC("Ocwen"),the duly authorized servicing agent for U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-EFC4, am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record,this verification is based upon a review of the business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiffs behalf. In making this verification,I understand that it is a crime under 18 Pa.C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument,which I do not believe to be true or which I know to befa e. Name: a Kf pmntt;Optdllkltor Title: CmW U.S.Bank National Association,as Trustee for Residential Asset Mortgage Products,Inc.,Mortgage Asset-Backed Pass-Through Certificates,Series 2005-EFC4,by its servicer Ocwen Loan Servicing,LLC RECORDER OF DEr 2005 AL 1197 Prepared By: Natalie Johnson 500 Forest Point Circle, Charlotte, VC 28273 (704)521-3675 Return To: BquiFirst Corporation Attnz Collateral M S00 forest Point Circle Charlotte, NC 28273 (704)679-4400 Parcel Number Premises: 421 West Keller Street Mechanicsburg (Space Above Tub Une For Recording Dat11) MORTGAGE _ DEFINITIONS NEIN 100200100076199219 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)'Security Instrument"means this document, which is dated June 28, 2005 together with all Riders to this document. (B)'Borrower"is Bartow Shively Borrower is the mortgagor under this Security Instrument (C) "MERS"is Mortgage Electronic Registration Systems, Inc. MFRS is a acting solely as a nominee for bender and Lender's successors and assigns.separate corporation that is under this Security Instrument. MERS is organized and existing under thmortgagee RS Is Delawaree and has as address and telephone number of P.O. Boa 2026, Flint MI 48501-2026, tel. (888)679-MFRS. 761992 PENNSYLVANIA-Single Family-Fanta Mae/Avddle Mac UNIFORM INSTRUMENT WITH MERS Form 3039 1101 4R-GA(PA)(0502) Page t Otis tnitWt: e)j)5, VMP M0it9p0 S*Al",h--(800)521-7201 EXHIBIT BK1913FIG 1417 (D)"Lender"is Equipiret Corporation Lender is a Corporation organized and existing under the laws of North Carolina Lender's address is 500 Forest Point Circle, Charlotte, NC 28273 (E)'Tlote"means the promissory note signed by Borrower and dated June 28, 2005 The Note states that Borrower owes Lender seventy-one thousand five hundred fifteen stud 00/100 (U.S. $ 71,515.00 )plus interest,Borrower has Promised Dollars Payments and to pay the debt in full not later than July 1, 203 to pay this debt in regular Periodic (F) �P�Y 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 intereat. 'Z2Iders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable): Adjustable Rate Rider ❑Condominium Rider ED Balloon Rider Q Planned Unit Development Rider❑ 1�Family Rid� VA Rider Biweekly Payment Rider ®Other(s)CsrecifY) PrePayment Penalty Rider (1) "Applicable Law" means all controlling applicable federal, an state local statutes, regulations, ordinance and administrative rules and orders(that have the effd non-appealable judicial opinions. ect of law)as well as all applicable final, (J) 'Community Assodation Dues, Fees, and Assessments"means all dues fees charges that are imposed on Borrower or the Pr , assessments and other association or similar organization. ° ' by a condominium association, homeowners (IC) "Electronic Funds Transfer"means any transfer of fiords, 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 o 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. (L)"Escrow Items"means those items that aro described in Section 3. b''Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid Y any third party(other than insurance proceeds paid under the coverages described in Section 5 () damage to, or destruction o� the Property; (ii) condemnation or other taking of all or an ) for. i Property; (iii)conveyance in lieu of condemnation; or(iv)misrepresentations of; or omissions ams to, the value and/or condition of the Property, the Loan. Insurance"means insurance Protecting Lender against the nonpayment of; or default on, = (0) 'Terlodic Payment"means the regularly scheduledamount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. 761992 C (R-OA(PA)(0502) WJ P62'2 of 1e Form 3039 1/01 BK.1913PG1418.. (P) "MPA"means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et implementing r%ulation, Regulation X (24 C.F.R. Part 3500), as 804•)and its time, or any additional or successor legislation Y might be amended from time to in this Security Instrument, "RESPA"refers to mlregulatioa that governs the same subject matter. As used to a"federally related mortgage loan" even t the requirements not restrictions that are imposed in regard loan"under RESPA fy as a federally related mortgage (Q) "Suemsor In Interest of Borrower"means any party that has taken title to the Property, not that party has assumed Borrower'a obligations undo the Note and/or this whether or TRANSFER OF RIGHTS IN THE PROPERTY Security Instrument This Security Instrument secures to modifications of the Note; and Lender: (i)the repayment of the Loan,and all the renewals,extensions and ( performance of Borrower•s covenants and agreements under this Security Instrument and the Note.iiFo) r MFRS (solely as nominee for Lender this Purpose, Band Leaders successors and assigns)orrower does hereby mortgage, grant and convey to assigns of MFRS, the following described property located in the count and to the successors and Of cumberiaa8 Y r4po of Recording Imisdictionj Bee Attached fthibit A [Name of ReeorftJwbdictionj: which currently has the address of 421 Fleet Keller Street stechaniceburg (Steal ("Property Address"): [Citi'),Pennsylvania 17055 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on theproperty, easements, ap urtenances, and fixtures now or hereafter a part of the ro and and additions $ha!] also be covered b this Property. All replacements and Security Instrument as the"Property."y Security mart. All of the foregoing is referred to in this S the interests Borrower understands and agrees that MFRS holds only legal title granted by Borrower in this Security Instrument, but, if custom, MERS(as nominee for Lender and Lender's successors and nasi necessary to comply with law or or all of those interests, including, but not limited to, the right to foreclose)and sell tthe he Pr°exercise any and to take any action required of Lender including, but not limited to, releasing and canceling thist�Sectu�t}, Instrument 761992- tR-6A(PA)roaozi ga �dMw:, Ra or to Ferns 3038 1101 BK1913PG1419 i BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and bas the right to mortgage, grant and convey the property encumbrances of record. Borrower warrants and will defend t the Property is unencumbered Pro Bred, except for claims and demands, subject to any encumbrances of record generally the title to the Property against all c�von�with limited variations ENT comb! to ues uniform cov� or national use and non-uniform prof'• security instrument covering real UNIFORM COVENANTS. Borrower and header covenant and agree as follows: 1. Payment of Prindpal, Interest, Escrow Items, Pr Borrower shall pay when due the epayment Charges, and Leh Chargee Prepayment charges and late charges dues under the Note, Borrower shall the debtso Pay A ld the Note and any Pursuant to Section 3. Payments due under the Note and this Securi Pay fords for Escrow Items cnrrency. However, if any check or other' Security Instrument shall be made in U.S. Security Instrument is returned to Lender instrument received by Leader as payment under the Note or this due under the Note and this to Le add' Lender may require that any or all subsequent payments selected by Leader a Security Instrument be made is one or more of the following forms, as ( ) cash; (b) money order; (c) certified check, bank check, trrasurce s check or cashier's check, provided any such check is drawn federal agency, instrumentality, or anti or d Electronic Fends Transfer an institution hose deposits are insured by a tY; ( ) Payments are deemed received by Lender when received at the l such other location as may be designated by Lender ocation designated in the Note or at in accordance with the notice provisions in Section 15. Leader may return'any payment or partial payment if thepayment bring the Loan current Lender iala partial payments are insufficient to current, without waiver of any rights hereunder payment is partial payment insufficient to bring the Loan Pets in the future, but Lender is not obligated to Prejudice to its rights t refuse such Payment or partial accepted. If each Periodic Pa apply such payments at the time such payments are interest on Yet is applied h n its scheduled due date, then Lender need not pay unspPGod funds. Leader may hold each unapplied fiords until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Leader such funds or return them to Borrower. If not applied earlier, such fiords will a shall either apply. Principal balance under the Note immediate! applied to the outstanding y 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 in Instrument or performing the covenants and Instrument. agreements secured by this Security 2. Application of Payments or Proceeds. Except as otherwise described in Payments accepted and applied by Lender shall be this Section 2, all due under the Note; ate; in the following order of priority: (a) interest (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 8m0Unt9 shall be applied fust to late charges, second to any other amounts due th then to reduce the principal balance of the Note. under is Security Instrument, and 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 ma be the late charge. If more than one Periodic Pa Y applied to the delinquent payment and from Borrower to the Payment is outstanding, Lender may apply any Payment received repayment of the Periodic Payments if, and to the extent that, each payment 761992 C 44-SA(PA)(0602) Pap 4 d 16 InIfts:flw.7 Farm 3039 voi BK 1913-PG 1420 i can be paid in full. To the extent that any excess exists after the payment is applied to the ful! a one or more Periodic Payments, such excess may be applied to any Payment of Payments shall be applied first to any Prepayment charges and then as described Not,- Anyoto Voluntary application of Payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due data, or change the amount, of the Periodic payments, under the Note, until the Note is paid in 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are duo full, a sum(diQ"F ")to provide for a for: (a)taxes and assessments and other items which can attain priority payment of amounts due lien or encumbrance on the Pro P h'over this Security Instrument as a Premiums for as and all P�IY (b)leasehold payments or ground rents on the Pr Y insurance required by Lender under Section S; and d Mortgagey� if any, (c) Premiums, if any, or any sums Payable b ( ) Insurance P wit Y 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 AssocItems." 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 iation shalt 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 Farrow 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 direct! when 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,equines, ender may shall fiunish to Lender receipts evidencing such payment within such time period as Le e. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lenderall F such amounts, that are then required under this Section 3. unds, and is 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 "Yzmg 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 i 761992 -8A(PA)(0soz) ►purr:.,PllL)-<,_ P.Qe a d 18 Form 3030 1101 8K- 1913PG 1421 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as definod 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 RESP monthly Payments. If there is a deficiency of Funds held in escrow,as defined onderuRESPt in A mI end than shall notify Borrower es roquir+od by RESPA, and Borrower shall pay to Lender the amount no oossLe a make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments.UPS payment in fall of all Sums secured by this Security Instrument, Leader Shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall Pay all taxes, assessmharges, fines, and impositions ents, c attributable to the Property which can attain priority over this Security wont, leasehold payments or ground rents on the Property, if any, and Community Association Dues Foes and the extent that these items are Escrow Items,Borrower Shall pay them in the maanerenta,if any. To Borrower shall promptly discharge any lien which has priority over thisSecurity in Section 3. Borrower: (a)agrees in writing to the payment of the obligation secured over the lien ri a manner Instrument unless to Leader, but only so long as Borrower is performing such agreement; (b)contests the lien a good faith by, or defends against enforcement of the lien in, legal proceedings which is Lender's Prevent the enforcement of the liar while those proceedings arc opinion operate to aro concluded; or c Pce�g, but only until such proceedings ()secures from the holder of the lien an lien agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject d a which can attain priority over this Security Instrument, Lender may give Borrower a no lien.Within 10 days of the date on which that notice is given, Borrower tice identifying ne or more of the actions set forth above in this Section 4. shall satisfy the lien or take Leder may require Borrower to pay a one-time charge for a real reporting service used by Lender in connection with this Loan. estate tax verification and/or 5• Property Inaur*nm Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term" o� other hazards including, but not limited to, earthquakes and floods, for which Lendercoverage, and any This i1mmmee shall be maintained in the amounts (including deductible levels) and for theme��ce Lender requires. 'What Lender requires pursuant to the periods that the Loan. The insurance carrier Providing the insurance sentences can change during the term of nsurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loaq either (a) a On( time charge for flood zone determinatioq certification and tracking services; or (b) a onetime charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be r Payment of say fees imposed by the Federal Emergency Management A esponsible for the review of any flood zone determination resulting from an objection by Borrower. in connection with the 761992 C %$A(PA)(0602) Pape 6 at is Hllds: .7 Fenn 3039 1101 BK1913PG1422 If Borrower fails to maintain any of the coverages described above, bender may obtain insurance coverage, at Lender's option and Borrower's expense. Leader is tmder no obligation to purchase any Particular type or amount of coverage. Therefore, such coverage shall cover Lender, but alight or might not protect Borrower, BOrrOwe's equity in the Property, or the contents of the Property,against any hazard or liability and might provide greater or lesser coverage than was previouslyrisk aclmowledges that the cost of the insurance coverage so obtained mi igrkificantly in effect. Borrower insurance that Borrower could have obtained. ,Any amounts These amounts shall bear interest disbursed by Lender underexceed the cost of Section 5 shall become additional debt of Borrower secured by this Security Instrument. at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction o& the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lewder and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender•s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lende a satisfaction, provided that such inspection shall be undertaken Promptly. Leander may disburse proceeds for the repairs and restoration in a single payment or in a series requires interest to be paid on such insurance proceeds, Lender shall nof progress payments as the work is completed. Unless an agreement-is made in nwritig or Applicable Law ot ad required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance procceds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lende e a security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrowed s rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not them due. 762992 4R-6A(PA)(0502) WON: F"87 of ee Form 3030 1101 BK 19 [ 3PG 1423 S• Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's residence within 60 days after the execution of this Security Instrument and shall continue too Principal Property as Borrower,s principal residence for at least one year after the date of PY the otherwise agrees in writing, which consent shall not be ° P3'� unless Lender r`s control. unreasonably withheld, or unless ext circumstances exist which are beyond Borroweenuating 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not in Pro destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the FAY• whether or not Borrower is residing in the Property, Borrower shall mm the st order to prevent the Property from deterioratingor decreasing ecreasin in value dun to its condition. U es is determined pursuant to Section 5 that repair or restoradon is not economically feasible, .Borrower shall Promptly repair the Property if damaged to avoid further deterioradon or damage,condemnation proceeds are paid in connection with damage to, or the takingo the property, insurance or shall be responsible for repairing or restoring the Property only if Lender has released Proceeds Borrower purposes. Lender may disburse proceeds for the repairs and restoration in a P1OC in a for such progress payments as the work is completed. If the insurance ore Payment or m a Serres of to repair or restore the P condemnation proceeds are not sufficient Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may matte reasonable entries upon and inspections of the Pr reasonable cause, Larder may inspect the interior of the improvements on the °may' h it has Borrower notice at the time of or prior to such an interior' O a Larder shall give S. Borrower's Loan inspection specifying such reasonable cause. Application. Borrower shall be in default ifsuch Process, Borrower or any persons or entities acting at the direction the Loan application knowledge or oonsent direction of Borrower or with Borrower's gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the representations include, but are not limited to, representations concernin Loan Material Property as Borroweea principal residence. 8 Borrower's occupancy of the 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (s)Borrower fails n perform the covenants and agreements contained is this Security Instrument, (b)there is s legal proceeding that might significantly affect Larder's interest in the P this Security Instrument(such as a proceeding in bankruptcy, Property and/or rights under enforcement of s liar which Probate, for condemnation or forfeiture, for 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 Instrumarh (b) appearing i) court; and (c) e) attorneys' foes to protect its interest in the Property and/or rights under this SecurityInstrument reasonable including itsimited to, seecuring ted position in a bankniptcy proceeding. Securing the Property includes, ot 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 Larder 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. 761992 �` Ck-SAMA)(0502) X1 E of 18 Ud14ke: 5 Faun 3039 1101 BK 19 I. 3PG 1424 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 awhe Note rate from the date of disbursement and shalt be payable, with such intcrevt, upon notice from bender to payment Borrower requesting 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 Leader required Mortgage Insurance as a condition of Borrower shall pay the premiums required to maintain the Mortgage the Loan, the Mortgage Insurance coverage required Lender Insurance in effort. il; for any reason, Previously �' ceases to be available from the mortgage insurer that Provided such insurance and Borrower was required to makeseparately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance equivalent to the cost to Borrower of the Mortgage Previously in effect, at a cost substantially gab Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mort available, Borrower shall continue to pay to Lender the amount of theMortgage separately design coverage is not were due when the insurance coverage ceased to be in effect. Lend designated payments that Payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss �d �� these non-refundable, notwithstanding the fact that the Loan is ultimatrl reserve shall be required to pay Borrower any interest or Y P�in full, and Lender shell not be reserve payments if Mortgage X14 oa such loss reserve. Lender can no longer require loss provided b an ' eInsurance coverage(in the amount and for the period that Leader requires) P Y insurer selected by Leader again becomes available, is obtained, and Lender requires Insurance scented dittoayments nof malar and the premiums for Mortgage Insurance. If Lender required Mo g the Loan and Borrower was required to make age payments toward the premiums for Mortgage Insurance, Borrower shall separately designated ums required to maintain Mortgage Insaraace in effect, or to provide a non-refundable loss reserve, un Lender's requirement for Mortgage Insurance ends in accordance with any written agreement Lender providing for such termination or until termination is Veen Borrower and Section 10 affects Borrower'a obligation to Pay interest at therequired ed in the Note. Applicable Law. Nothing in this Mortgage Insurance reimburses rate Provide may incur if Borrower does not repayade Loan aany entity that purchases the Note) for certain losses it Insurance, agreed Borrower is not a party to the Mortgage evaluate their total risk on Mortgageents math other parties that share a msuch insurance in force from time to time, and may enter into are on terms and conditions that are satisfactory to the mortgagetheir risk, a reduce leases. These agreements these agreements. These agreements may eb Insurer and the other party(or parties)to of funds that the mortgage • Y require the mortgage insurer to make payments using any source gag insurer may have available(which may include funds obtained fr Insurance premiums). om Mortgage 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. Ifsuch at greemen provides that an affiliate of Lender takes a share of the insurers 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 say refund. 751992 (R'6A(PA)(aSa2) P.a.e d to WINE Form 3039 1101 BK 19 1 3PG 1425 (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 Way ends the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Laurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of NIMedlaneous Proceeds; Forfeiture. All Misoellancous Pr assigned to and shall be paid to Lender. proceeds are hereby If the Property is damaged, such Miscellaneous Proceeds shall be applied to the Property, if the restoration or repair is economically feasible and Lde�a socuri ration or repair of During such repair and restoration period,Lender shall have the right to hold such Miscellaneous pro oeeds until Lender has had an opportunity to ' Property to ensure the work has been completed to Lender's satisfacti0 inspect such a,n in as that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration e a single disbursement or in a series of progress Payments as the work is completed Unless as agr oarrart 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 Instrumen whether or not then due, with the excess, if any,paid to Borrower. Such Miscellaaoous Proceeds s applied in the order provided for in Section 2. hall be Proceeds shallIn the event of a total taking, destruction, or loss in value of the Pro the excess, anus y, tied to the co sums secured by this Security Instrument, whether of then duethe Misces, with Y,paid to Borrower. In the event er a partied taking, destruction, or value of the Property immediately loss in value of the Property in which the fair market greater before the partial taking, destruction, or loss in value is equal to or Wig, d action,amount in v secured by this Security Instrument immediately before the partial secured by this Securi e' Borrower and Lender otherwise agree in writing, the sums ty Instrument shall be reduced by theamount of the Miscellaneous Proceeds multiplied by the following fraction (a) the total amount of the soon secured immediately before the partial taking, destruction, or loss in value divided b immediately before the y (b) the fair market value of the Property Pial 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 thea due. If the Property is abandoned by Borrower, or if, after notice by Larder 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 to colica and days after the date the notice is given,Leader is authorized . apply the Miscellaneous Proceeds either to restoration or repair of the Pr sums secured by this Security Instrument,whether or not then due. "Opposing P Property or to the that owes Borrower Miscellaneous Proceeds or the party a Y"memos the third party regard to Miscellaneous Proceeds. against whom in has a right of action in Borrower shall be in default if any action or proceeding, whether civil or Lender's judgment, could result in forfeiture of the Property or other mat criminal, >e that, in nt ofinterest in the Property or rights under this Security Instrument Borrower can cure as defaulttaandif acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 761992 4R-6A(PA)(0502) �^K5 PoOe 10 of is Farm 3039 1/01 SK-1913PG1' 426. d with&ruling that, in Lender's judgment, Precludes forfeiture of the Pro impairment of Lender's interest in the Property or rights under this lY or other material any award or claim for damages that are attributable to the. �'Instrument T'he proceeds of r are hereby assigned and shall be paid to bender. arpairment of Lender's interest in the Property All Miscellaneous Proceeds that are not lied to restoration or re applied in the order provided for in Section 2. pair of the Property shall be 12. Borrower Not Released; Forbearance By Lender.Not a Waiver. Payment or modification of amortization of the sums secured by this SoWaWriExtension of the time for to Borrower or any Successor in Interest of Borrower shatl not o ty h strument granted by bender or any Successors fn Interest of Borrower. Leader shall not bePete W release the liability of Borrower any Successor in Interest of Borrower or to refuse to extenrequired to commence bo ngs against amortization of the sums secured b this time for payment or otherwise in fy Borrower or any Successors in Interest of Borrower. Any forent bearance b f any demand made by the original remedy including, without limitation, Lender's Y Lender in exercising any right or Successors in Interest of Borrower or in amounts less than theamountPaymen duet, shall not be a waiver of or preclude the exercise of any right or remedy, third persons, entities or 13. Joint and Several Liability; Cosi and agrees that Borrower's obligations and liability shall int and; Successors andAnIgns evergrower, covenants co-signs this Security Instrument but does not execute the Note (a "co-signer"): Y ower who Security Instrument only to mortgage, get and convey the cosi (a) r co-signing this terms of this Security Instrument; (b)is not guar's interest in the Property under the Instrument; and c Personally obligated r to pay the sums secured by this Security make any accommodations with regard to the terms oer and any other fthis S can agree to co-aignex'a consent. tet'Instrument o� Notmodie without the Subject to the provisions of Section 18, any Successor in Borrower's obligations under this Security Instrrrmeat in cresswritinInterest of Borrower who assumes all of Borrower's rights and beneshall obtain fits under this Security Instrum'ent.dBorrower shalpproved l notnbeereleased from Borrower's obligations and liability under this Security Instrument unless Len der writing. The covenants and agreements of this Securi ��to such release in Section 20)and benefit the Successors and assignsty Instrument shall bind (except as provided in 14. Loan Charges. Lender m of Leader. Borrower's default, fur the aY charge Borrower fees for services Performed in connection with Purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument a charge a fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lende r notspecific 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 intava or other loan charges collected or to be collected in connection with the Loan exceed the Permitted limitsP then: (a) and any such loan charge shall be reduced by the amount necessary to reduce the charge to the t; (b)any sums already collected from Borrower which exceeded limits will be refunded to Borrower. Lender may choose to make this refund by reducing �permrtted owed under the Note or by ma}dng a direct payment to Borrower. If a refund reduces Principal reduction will be treated' as a partial prepayment without any preps �nCIP the Prepayment charge is provided for under the Note). Borrower's prepayment charge (whether or not Y direct payment to Borrower will constitute a waiver of any right of actio Borrower might ance Of any such refund anmsur�g out of such overcharge, 1S. 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 761992 Security Instrument shall be deemed to %OA(PA)Naort Pope r I of 16 wws: l O5 Form 3039 1101 BK1913PG1427 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's antics address if sent by other mesas. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address unless Borrower has designated a substitute notice shall be the Property Addre38 notify Lender of Borrower's change of address. If Lender bspe notice to Lender. Borrower shall promptly change of address, then Borrower shall only report a change of addtm throughee for reporting Borrower'a Thi may be only one designated notice address under this Securitythat specified Procedure. notice to Lender shall be given by delivering.it orb Instrument at any one time. Any Stated herein unless Leader has designated another mailing it by fust class mail to bender'a address connection with this Security Instrument shall not be deemedto�� lice to Borrower. Any notice in received by Lender. If any notice required by this Securi givea to Lender until actually Law, the Applicable Law requirement will satin Security to is also required under Applicable Instrument. satisfy the corresponding requirement under this Security 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 All rights and obligations contained in this Security Instrument he Property is loc are subject to any requirements and Alllindrights 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 the event that any provision or clause of this SecurityProhibition against agreement by contract. In Law, such conflict shall not affect other provisions oflus went or the Note conflicts with Applicable ri given effect without the conflicting provision. t3'Instrument or the Note which can be 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 include the plural and vice versa; and(c) the word "ma ' ' �) wordsin the singular shall mean and take any action. Y' gives sole discretion without any obligation to 17.Borrower's Copy. Borrower shall be given one COPY of the Note and of this Security Instrument, 18. Transfer of the Property or x Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment is full of all a secur«i by this Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited i y som 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 Securi these sums prior to the expiration of this tY Instrument. If Borrower fails to pay Security Instrument without further notice or dd=md on Borrooer wer.invoke any remedies permitted by this 19. Borrower's Right to Reinstate After Acederation. If Borrower meeb certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before We of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Borrower's right to reinstate, or c en Applicable Law might specify for the termination of conditions are that Borrower. a ( ) �' of a judgment enforcing this Security Instrument. Those () pays Leader 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 761992 (R-OA(PA)N502l P+ �nawc WPaot2 d to Form 3039 1/01 i Bit 19 .13 PG 1428- agreements; (c)Pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' foes, property inspection and valuation fees, and other feta iacurred for the Purpose of protecting Lender'a interest in the Property and rights under this Security Instrument; and(d) takes such action as Leader 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 Leader. (a) cash; (b) money order; (c) certified chock, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d)Electronic Funds Transfer. Upon reinstatement by Borrower, this shall remain fully effective as if no acceleration Security Instrument and obligations secured hereby had occurred, However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer,Notice of Grlevance. 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 flown 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 NOW, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sate 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 RE requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter serviced by a Loan Servicer other than the purchaser of the Note, the Loan is the mortgage loan servicing obligations to Borrower well Note amn with the Loan Services 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 Security Instrument or that alleges that the other party has breached an Pursuant to this reason o1; this SecurityY Provision o� or any duty owed by Instrument, until such Borrower or Lender has notified the other party(with such notice Seven in compliance with the requirements of Section 15) of such alleged breach and afforded the Other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certain action can be taken, that time or purposes of this paragraph. The notice of acceleration and period will be deemed to be reasonable f 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 lmazardous.substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, and herbicides, volatile solvents, materials containing asbestos or ftoxic pesticides ormaldehyde, and radioactive materials; r lat"Environmental n heal ec�w"means federal laws and laws of the jurisdiction where the Property is located that th, ety 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. 761992 et-8A(PA)t0e02t �S Pope 13 a is Fan 3039 1101 OKI 913PG -I 429 Borrower shall not cause or permit the Substances, or threaten to release aaY Hazardous Substances don or m Me Pro or release of any Hazardous nor allow anyone else to do, anything affecting the Pro oPptY Borrower shall not do, Law, (b)which creates an Environmental ConditiW(a)that is m violation of any Environmental Hazardous Substance, creates a condition that adversely a)ffcets which, due value of presence, use, or release of a two sentences shall not apply to the presence, r'oPertY• The preceding Hazardous Substances that are �, or storage on the Property of small quantities of maintenance of the Pro gay ° to be appropriate to normal residential uses and to Borrower shall promptly give Lo but not limited to,hazardous substances in consumer products). P mP Y give Lender written notice of(a)any investigation, claim, depend, lawsuit or other action by any governmental or regulatory a en Hazardous Substance or Environmental l.aw ofgwhrchr pr Borrower has volving the Pr and any Environmental Condition,including but not limited to, as actual knowledge, (b) any release of any Hazardous Substance, and (c) any conditron�cdg,leaking, discharge, release or threat of Hazardous Substance which adversely affects the value of the Property. pace' use or release of a by any governmental or regulatory authority, or any private per' H Borrower learns, or is notified of any Hazardous�bstance affecting the Property is necessary,per', that any removal or other remediation remedial actions in accordance with Environmental Lghe P�PtiY take all necessary Lender for an Environmental Cleanup. create any obligation on NON-UNIFORM COVENANTS mower 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 Securi acceleration under Section 18 unless Applicable Law provides otherwise).ty �t (but not prior to Borrower of, among other things:(a)the default;(b)the action required to cre me rid teal notify the default must be cared; and (d) that fellate to cure the default as �(c)when ale acceleration he woof the sums secured by this Security Instrument, foreclosure b rifled may result in and the right Lender shall further inform Borrower of the right to y Judicial proceeding and gh er to in the foreelosnre proceeding the non relnatate after acceleration defense of Borrower to acceleration and foreclosure.If the defaultisneo cu�as specs ed any other Its option may require Immediate payment in fall of all some tB�Lender at Without further demand and may foreclose this of cured by this Security Instrument shall be entitled to collect ail expenses Incurred in runty Instrument by Judicial proceeding. Lender Including, but not ilmlted to, attorneys' fees and Stu of title evidence the remedies to the ertenpermitted brovided in this Section y Applicable Law. 23.Release. Upon payment of all sums secured by this Securityty and the estate conveyed shall terminate and become void. After su occurrence S� �trume°t and satisfy this Security Instrument. Borrower shall shall discharge Borrower a fee for releasin this pay an recordation costs. Lender may charge g Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, c the extent ty I fitted by Applicable Law, waives and releases any error or defects is proceedings to enforce this security Instrumoat, and hereby waives the benefit of an future laws providing for stay of execution, extension of time, exemption from attachment, levy y present or and homestead exemption t, and sale, 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 s hour prior to the commencement of bidding haextend to one oat a sheriff's ll sale or other sale pursuant ll this Security Instrument 26, Purchase acquire title tothethe Page. If any of the debt secured by this Security Instrument is lent to Borrower to roperty, this Security Instrument shall be a purchase mo Z7. Interest Rate After Judgment.Borrower agrees that the interest rate payable after a judgment ent is entered on the Note or in as action of mortgage foreclosure shall be the rate payable From time to time under the Note. 761992 4R-GA(PA)(0602) Papp 14 of 16 Wilda:LXJuJ Form 3039 1101 8K1913PG1430 BY SIGNING BELOW, Borrower accepts and agrees to the teams and covenants contained in thb Security Instrument and in any Rider eaocuted by Borrower and recorded with it. Witnesses; Barton Sbively � � -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 761992 I et-GA(PA)(0502) Pbp is or to Form 3039 1101 BK 1913 PG 143 1 COMMONWEALTH OF PENNSYLV On this,the a$}h County ss: day of .Iu"e, , aoub undersigned officer, Personally appeared Barton Shively . before me, the satisfactorily Proven) to be the person(j whose name(yjt known to me(or acknowledged that®'�/�y executed the same for the purposes herein contained.to the within instrument and M WITNESS WMI-REOF,I hereunto set my hand and official sea, MY Commission Expires: Tui.of Ot m ' t16AL JKL C �lMI'kaAiMl�t QpIM'SY Certificate of Residence of Coew*on bpi"mov 21.� I, J�\\ c . Spec� ce, the correct address of the within-named Mortgagee is P.O.Box 2026,Fdo l,iat,MI 48501-2026.hereby certify that Witness my hand this 28th daY of Jae, 2005 Agmt of Mo+tgagoe 761992 at-SA(PA)(0602) Peas I e of is Form 3039 1101 BK1913PG1432 Prepayment Penalty Rider to Security Instrument (To Be Recorded Together with Security Instrument) This PMAYMENT PENALTI'RIDER(the "Rider" is Mortgsge, Deed of Trust or Security Deed the ) made 28th day of June, 2005 and emends the Persons) who sign below(the "Borrow s"� to „��ty �trumenV) dated the same date and given by the Note in the amount of U.S.S 71,515.00 )) PquTirst Corporation(the "Lender+') to secure In addition to thea repayment of a Borrowers)and the Lender fintheer a agree s provisions made in the Note and the Security Instrument, both the gree as follows PREPAYMENT PENALTY In the event,during the first 3 years after the execution of this Note,I make a exceeds twenty Percent(20%)of the original principalPrepayment and the preps Pay a Prepayment charge in an amount equal to six months'advan eiter+est in as the atwelvemountPrepaid Period,Imrwill Theotef twenH dew not aassesPercent s a the original principal amount of the loan within the twelve(12P mmouth period m Note. PmpaYment Penalty after the 3rd anniversary of the date of execution of this Barton Shively 761992 M32(05/02) BK1913PG1433 a - Stewart Title LEGAL DESCRIPTION Legal description of the land: ALL THAT CERTAIN lot of ground situate on the south side of West Keller Street, in the Fifth Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvani follows,to wit: a, bounded and described as BEGINNING at a stake on the street line of the South side of West Keller Street,at line of land now or formerly of Jeffery L.Garrett and Sheri B.Garrett, his wife,one hundred forty and five tenths (140.5)feet to a stake on the North side of a sixteen (16)foot alley;thence in a Westerly direction along the North side of said alley;sixty-four and four tenths (64.4)feet to a stake on line of land now or formerly of William May, and along lands now or formerly of Thelma M.Vrateric,one hundred fifty-two(152)feet to an iron pin on the street line of the South side of West Keller Street aforesaid; thence in an Easterly direction, along the said street line, ninety and six tenths (90.6)feet to a stake on line of land now or formerly of Jeffrey L.Garrett and Sheri B.Garrett, his wife,the place of BEGINNING. BEING PARCEL#20-24-0785-999 I Certify this to be recorded In Cumberland County PA Recorder of Deeds Legal Description (200506480.PFD/2005(X480/1) BK 1913PG.1. 43.4 . STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215) 572-5025 Date: July 22, 201.4 COMBINED NOTICE UNDER ACT 6 and. ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 1EXHIBIT 1 15 HOMEOWNER'S NAME(S): BARTON SI-LIVELY PROPERTY ADDRESS: 421 WEs-r KELLER STREET,MSCI-JANICSBURG,PA 17055 MAILING ADDRESS: BARTON S1-IIvELy 421 WEsr KELLER STREET M EC 1-1 A N I C S B U RG,PA 17055-3732 LOAN ACCT NO.: XXXXXX3004 ORIGINAL LENDER: MFRS,INC.As NOM INEE FOR EQUIFIRST CORPORATION CURRENT LENDER/SERVICER: U.S. BANK NATIONAL ASSOCIATION,As TRUSTEEFOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC.,MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-EFC4,BY ITS SERVICER OCWEN LOAN SERVICING,LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1933 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, Y IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND X IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit couriseling 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. I { APPLICATION FOR MORTGAGE ASSISTANCE -- YOU]'mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consurner credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pemnsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED `=TEMPORARY STAY OF FORE,CLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS.A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGEIVCYACTION -- 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 tivill be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) r 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: 421 WESTKELLER STREET,MECHANICSBURG, PA 17055 IS IN SERIOUS DEFAULT because: A. YOU IAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments from 01/01/2014 through and including July 22, 2014 as follows: Monthly Payments of$767.14 due on 01/01/2014 through and including 07/01/2014, in the amount of................................................................................ $5,369.98 TOTAL OF PAYMENTS IN DEFAULT: .....................................................$5,369.98 Other Charges (Explain/Itemize): LateCharges: .................................................................................... $989.66 Other Fees Due: ............................................................................... $944.95 Less Suspense: .................................................................................. $(16.65) TOTAL OF OTHER CHARGES:..................................................... $1,917.96 TOTALAMOUNT DUE: ..................................................................................$7,287.94 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT--You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,287.94 ,PL US ANYMORTGA GE PAYMENTS AND LATE CHARGES WHICH BECOME D UE D URING THE THIRTY(30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005- EFC4,by its seivicer Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rij4hts to accelerate the mortaaae 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 mortl4aged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass- Through Certificates, Series 2005-EFC4 ADDRESS: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 PHONE NUMBER: (800) 446-2936 FAX NUMBER: (407) 737-6300 CONTACT PERSON: Ocwen Loan Servicing LLC EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STE T ISENBERG, PC BY: Fu- Andrew J. Marley, Esq. Stern & Eisenberg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL t, NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter: this firm will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) clays of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY(AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT)THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. _ - ..,.......- ...._.._...... ... - -- -------._. ` -�, Comprehensive Housing Counseling Agencies i Agencias de Consejo al Cliente para Vivienda i I Cumberland Count-v -CCCS of Western PA-York 888.511.2227/888.511.2227 55 Clover Hill Road vm-rv.cccspa.org Dallastown PA 17313 Community Action Commission-Capital Region 717.232.9757 1514 Derry St envw.cactricounty.orb Harrisburg PA 17104 Harrisburg Fair Housing Council 717.238.9540 2100 N 6th St Harrisburg PA 17110 Housing&Redevelopment Authority-Cumberland Cnty 866.683.5907/717.249.0789 114 N Hanover St;STE 104 w%vwcchra.com Carlisle PA 17013 Pathstone Corporation Pennsylvania 717.234.6616 1625 North Second St www.ruralisc.org/pathstone_pa.htm Harrisburg PA 17102 Pennsylvania Interfaith Community Programs,Inc. 717.334.1518 40 E High St w%vw.adamscha.org Gettysburg PA 17325 Report last updated:4/30/2012 9:03:04 AM Prepare Date: July 16,2014 NOTE: No,rE:Many of the agencies offer workshops at various location sites;call to find a location near you. U.S.POSTAGE"PITNEY BOWES Name and STERN& EISENBERG tir~ � Address 1581 Main Street,Suite 200 '5 'ti � ZIP 189760 of Sender Warrington,PA 18976 ,. �y' ':; 02 1w ®®���® 0001371685JULL22 2014 Line Article Postage Fee Number 1 **** BARTON SHIVELY 421 WEST KELLER STREET MECHANICSBURG,PA 17055-3732 2 **** 3 **** 4 **** 5 **** 6 **** PHFA PO BOX 8029 HARRISBURG,PA 17105-8029 9 n ® ■ ■ 10 ru Ln 11 **** t` MET 12 **** r`- Postage $ ED 13 Certified Fee o **** a Return Receipt Fee \ Postmark 14 **** OC7 (Endorsement Required) �1 . Here Restricted Delivery Fee 153 (Endorsement Required) RE: ACT NOTICE o rU Total Postage&Fees Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving r-I Pieces Listed b Sender Received at Post Office Employee) --t- r9seer To - '9 BARTON SHIVELY Sheet, O or PoBox No- 421 WEST KELLER STREET City Stafe,ziP+a MECHANICSBURG,PA 17055-3732 ------ Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ��C�*m�/ ‘c.," Richard VVStewart ~ ��:���- FILED-DFF/[[' THE PROTHONOTP00', 2014 NOV 1 7 ... . ". CUMBERLAND COUNTY PENNSYLVANIA U.S. Bank National Association vs. Barton Shively (et al.) Case Number 2014-6364 SHERIFF'S RETURN OF SERVICE 11X04C2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The United States of America, but was unable to locate the Defendant in the Sheriffs bailiwick, The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 11/07/2014 02:06 PM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Susan Melendez, Administrative Assistant, who accepted for The United States of America, at Ste 220 Federal Bui|ding, 228Walnut Street, Harrioburg, PA 17108. Jack Lobwick, Sheriff, Return ofService attached to and made part of the within record. 11/07/2014 O4:52PN1'Deputy Shawn GudnhaU.being duly sworn according holaw, eemedthe requested Complaint inK8u�gagoFnrec|oounaby^ oUy''handing a true copy to a person representing themselves to be the Defendant, to wit: Barton Shively at 421 West Keller Street, Mechanicsburg Borough, Mechanicsburg, PA 17055 dir GLIJCt-lfrEPUTY V* .6 SHERIFF COST: $64.30 SO ANSWERS, November 14, 2014 RONWRANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. inc. Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy U.S. BANK NATIONAL ASSOCIATION, ET AL VS County of Dauphin THE UNITED STATES OF AMERICA Sheriffs Return No. 2014-T-2924 OTHER COUNTY NO. 2014-6364 And now: NOVEMBER 7, 2014 at 2:06:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon THE UNITED STATES OF AMERICA by personally handing to SUSAN MELENDEZ * 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at FEDERAL BUILDING, 228 WALNUT STREET, SUITE 220 HARRISBURG PA 17108 * ADMINISTRATIVE ASSISTANT Sworn and subscribed to before me this 10TH day of November, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff of Dauphin County, Pa. 9 By Deputy Sheriff Deputy: SEAN SULLIVAN Sheriff's Costs: $41.25 11/6/2014