Loading...
HomeMy WebLinkAbout14-7378 Supreme lou k ennsylvama Cour &COMM10 " leas For Prothonotary Use Only: CQ:. �� Doc et No: CLI I IV15' �r i��, County (� C/u! The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadin s or other papers as required by law or rules of court. Commencement of Action: 0 Complaint ® Writ of Summons Petition S [3 Transfer from Another Jurisdiction M Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: LSF8 MASTER PARTICIPATION CALVIN L. OTT T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? El Yes No (check one) iw outside arbitration limits O N Is this a Class Action Suit? 0 Yes No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: KERI P. EBECK, ESQUIRE 1 Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE, If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies 13 Malicious Prosecution Q Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle n Debt Collection:Other Q Board of Elections Nuisance Dept.of Transportation E3Premises Liability ® Statutory Appeal:Other S Product Liability(does not include Employment Dispute: E mass tort) El Slander/Libel/Defamation Discrimination C 0 Other. Employment Dispute:Other Zoning Board T Other: Q Other: O MASS TORT 0 Asbestos N [3Tobacco Q Toxic Tort-DES Toxic Tart-Implant REAL PROPERTY MISCELLANEOUS FJ Toxic Waste ® Other: Ejectment © Common Law/Statutory Arbitration B E3Eminent Domain/Condemnation rLI Declaratory Judgment Ground Rent Q Mandamus Q Landlord/Tenant Dispute ®Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [f3 Mortgage Foreclosure:Commercial Quo Warranto 0 Dental [3 Partition ®Replevin M Legal [3 Quiet Title F1 Other: 0 Medical Q Other: 0 Other Professional: i Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LSF8 MASTER PARTICIPATION TRUST, Plaintiff, V. NO.f�— CALVIN L. OTT AND WENDY L. OTT, ISSUE NO.: Defendants, CODE: TO:DEFENDANTS: YOU ARE HEREBY N'T IED TO PLEAD TO THE ENCLOSED COMPLAM,'(' I IN ENTY(20)DAYS FROM TYPE OF PLEADING: SERVICE IIEREO ORA EF T JUDGMENT MAY BE ENTERED AGAI T hOU. WELTMAN, BER & 1 CO.,L.P.A. COMPLAINT IN MORTGAGEFORECLOSURE By: ATTO ,YS FO A IF I HF,RE CERT THE RESS OF PLAINTIFF IS: FILED ON BEHALF OF: c/o Ca er Ho oans,I PLAINTIFF 1380 fireless ay Oki oma City,OK 73.1. THE DEFENDA AR COUNSEL OF RECORD FOR THIS PARTY: 999 Three Turn Ro d Shippensburg,P 1 2 Keri P. Ebeck, Esquire / , Pa. I.D. #91298 WELTMAN, E B G&REIS'CO.,L.P.A. WELTMAN, WEINBERG&REIS CO., L.P.A. BY: Firm#339 ATTO EY F R AI IFF 4367 1h Avenue, Suite 2500 I HER T Y , T THE LOCATION OF THE REAL Pittsburgh,PA 15219 ESTA AF D IIS LIEN IS: d' 9991' ee Turn ad (412)434-7955 e s f Ship sburg, 17 7 Township of ha pton WELTMAN, E BER & EIS O.,L.P.A. BY: A7"CORN Y[OR A' TIFF 7 s Pel Com" WWR#20601804 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION LSF8 MASTER PARTICIPATION TRUST, Plaintiff, V. NO: CALVIN L. OTT AND WENDY L. OTT, Defendants, NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 WW.R#20601804 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LSF8 MASTER PARTICIPATION TRUST, Plaintiff, V. NO: CALVIN L. OTT AND WENDY L. OTT, Defendants, CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff by and through its attorneys, Weltman, Weinberg & Reis Co., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is LSF8 Master Participation Trust, a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff') with an address of c/o Caliber Home Loans, Inc., 13801 Wireless Way, Oklahoma City, OK 73134. 2. Defendants, Calvin L. Ott and Wendy L. Ott, are adult individuals whose last known address is 999 Three Turn Road Shippensburg, PA 17257. 3. On or about April 17, 2006, the Defendant, Calvin L. Ott, executed a Adjustable Rate Note (hereinafter the "Note") in the original principal amount of$200,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about April 17, 2006, as security for payment of the aforesaid Note, the Defendants Calvin L. Ott and Wendy L. Ott, made, executed and delivered to Mortgage Electronic Registration Systems, Inc., a Mortgage in the original principal amount of$200,000.00 on the premises located at 999 Three Turn Road Shippensburg,PA 17257, hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 25, 2006 in Deed Book 1947, Page WWR#2060.1804 4474. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Mortgage Electronic Registration Systems, Inc. assigned all of its right, title, and interest in to the Mortgage to HSBC Mortgage Services Inc.. Said Assignment being recorded on August 9, 2012, as Instrument Number 201224108. A true and correct copy of said. Assignment is attached hereto as Exhibit "C". 6. HSBC Mortgage Services Inc. assigned all of its right, title, and interest in to the Mortgage to LSF8 Master Participation Trust. Said Assignment being recorded on April 4, 2014, as Instrument Number 201406875. A true and correct copy of said Assignment is attached hereto as Exhibit"E". 7. Defendants are the current record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Note and Mortgage. 9. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 10. On or about April 29, 2014, Defendants were mailed. Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. A true and correct copy of said Notice is attached hereto as Exhibit "E". 11. The amount due and owing Plaintiff by Defendants are as follows: Principal $187,691.91 Interest thru 12/8/14 $ 21,29.1.66 Late Charges $ 2,668.32 Escrow Balance $ 4,797.81 Attorneys'Fees $ 1,175.00 Title Search $ 200.00 TOTAL $217,478.87 WWR#20601.804 12. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 13. Contemporaneously hereunder, Defendants have been advised of the right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit"F" and made a part hereof. WHEREFORE, Plaintiff demands Judgment, in rem only, in Mortgage Foreclosure, for the amount due of$217,478.87,with interest thereon at the rate of$54.66 per diem from December 9, 2014,plus costs, in addition to late charges and for foreclosure and sale of mortga d premises. WELTM B G REIS CO., L.P.A. Ke . Ebec , squir P . .D. #9 8 orney f Plainti 6 7�'A nue, Sui e 2500 ittsbur ,PA 15219 (412) 4 4-7955 WWR#20601804 ' LOAN'NO. MIN: 100 36402 0000.2085.7 U ADJUSTABLE RATE NOTE (LIBOR Index-Rate Caps) THIS.NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. APRIL 17, 2006 HERSHEY [Date) PA tCityJ tstateJ . 999 THREE TARN RD SHIPPENSBDRG, PA 17257 (Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received,I promise to pay U.S.$., 200,000.00 "Principal"),.plus interest,to the order of the Lender. The Lender is (this amount is called MERCANTILE MORTGAGE COMPANY, A CORPORATION I will make all pa yrnents under this Note in the form of cash,check or money.order. I understand that.the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder.." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will,pay interest at a yearly rate of 10:650 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required.by this Section'2 and Section 4 of this Note is the rate 1 will pay both, default described in Section 7(B)of this Note. before and after any 3. PAYMENTS (A) Time and Place or Payments I will pay principal and interest by a making payment every month. 1 will make my monthly payments on'the first day of each month beginning on JUNE 2006 I will make these payments every month until 1 have paid all of the principal and interest an1 d any other charges described below that I may owe under this Note. Each monthly payment will be applied to interest before Principal. If,on MAY 1, 2036 1 still owe amounts under this Nate, I will pay those amounts in full on that date, which is called the"Maturity Date. I will make my monthly payments at 470 OLDS WORTHINGTON ROAD, 'STE 300; WESTERVILLE, OH .43082 (B) Amount of My Initial Monthly or at a different place if required by the Note Holder. Payments � ' Each of nty'initial monthly Payments will be in the amount of U.S.$ 1,851..94 This amount may change. (C) Monthly:Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loanand in the interest rate that I must pay. The Note.Holder will determine'my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note.- 4. INTEREST RATE AND.MONTIILY PAYMENT CHANGES (A) Change Dales The interest rate I will pay may change on the first day of MAY 2009 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a"Change Date." (B) The Index Beginning with the first Change Date, my interest ratewill be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market("LIBOR"), as published in The Wall*Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the"Current Index," If the Index'is.no,lohger available,the Note Holder will choose a new index that is based upon comparable information. The NoieHolder will:give`me notice of this choice.:, (C) Calculation•of_Ch'anges Before-each Change Date,the Note Holder will calculate SEVENAND;4 30:/ .,1000' my new interest rate,by adding' : Percentage point(sj( 7.430 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(D.125%). Subject to the limits stated in Section 4(D)below,.this rounded amount will be my new`interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change.Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate.[am required to pay at the first Change Date will not be greater than 13.650 %or less than 10.65Q %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point(1.0%)from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 16.650 %a,.nor less than 10.650 ` %.. alMULTISTATE ADJUSTABLE RATE NOTE.LI BON INDEX_SI gk il"My-F,.Mk Mwru" B"rm Ima•umml ERC1�0(aLOq Initials: r Q Page I of 7 EXHIBIT i Transfer of the Property or a Beneficial Interest in Borrower. 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 Lenders prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a)Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and(b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in'this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as'a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption and that obligates the transferee to keeagreement that is acceptable to Lender p all the prornises and agreements made in the Note and in this Security instrument. Borrower will continue to be obligatedwriting. under the Note and this Security Instrument unless Lender releases Borrower in If Lender exercises the option to require immediate payment in full.Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the nogiven in with Section IS tice n a within which Borrower must pay all sums secured by this Security Instrument, If Borrower nilto pay these sums prior to or demand on Borrower.the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. (Seal) CALVIN.L. OTT eonow (Seal) •eartowu (Seal) •• -Bono�Tr , (Seal) Borton /Sign Ofiginal Onlyl MULTISTATE AU]USTAa I$RATE N(MC.LIBOR IHat7t-Sn�e rnmly-made Mar Udfonn Inpnmed MERelna OMI) , Page 3 of 3 (Page 2 of 18) (Page 2 of 18) RECORD AND FiETURNJO: Appalachian Sattlement Agency,LLC 4 l 1229 East Chocolate Avenue Hershey,PA 17033 - - - •• i�R Prepared by and When Recorded Return to: ANNE GOLDSTEIN 'lr MERCANTILE MORTGAGE COMPANY C"t ` " ' ``"' y_FA 595 BETHLEHEM , STE. MONTGOMERYVILLE RPA 18936121 2006 APR 25 Aft 9 58 1 -----------------------------[Space Above Ibis Line For Recording Data)----------------------------- LOAN N0. MORTGAGE DEFINITIONS MIN 100236400000208575 t 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 APRIL 17, 2006 together with all Riders to this document. (8) 'Borrower"is CALVIN L. OTT AND WENDY L. OTT, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MFRS"is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lcndces successors and assigns. NIERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O.Box 2026,Flint,M148501-2026,tel.(888)679-MERS. (D) 'Lender"is MERCANTILE MORTGAGE COMPANY Lender is a CORPORATION organized and existing under the laws of ILLINOIS . Lender's address is 595 BETHLEHEM PIKE, STE. 121 MONTGOMERYVILLE., PA 18936 (E) "Note"means the promissory note signed by Borrower and dated APRIL 17, 2006 The Note states that Borrower owes Lender i TWO HUNDRED THOUSAND AND 00/100 Dollars(U.S.S 200,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MAY 11 2036 ' (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan"means the debt evidenced by the Note, plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. PENNSYLVANIA-Sinele Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039(01/01) Was sass Page I of U N.JLO BK 1 9 4 7 PG 4 4 7 4 EXHIBIT (Page 3 of 18) (Page 3 of 1A) (H) "Riders"means all riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower(check box as applicable]: Adjustable Rate Rider M Condominium Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider ED Second Home Rider ❑ Biweekly Payment Rider ❑ Balloon Rider a Other(s) LEGAL DESC, (1) 'Applicable Law"means all controlling applicable federal, state and local statutes,regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues,Fees and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (IQ "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes,but is not limited to,pointof-sale transfers,automated teller machine transactions, transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (L) 'Escrow Items"mean those items that are described in Section 3. (M) 'Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for. (i)damage to,or destruction of,the Property;(ii)condemnation or other taking of all or any pan of the Property;(iii)conveyance in lieu of condemnation; or(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) 'Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on, the Loan, (0) 'Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note, plus(i)any amounts under Section 3 of this Security Instrument. (P) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C. §2601 et seq.)and its implementing regulation,Regulation X(24 C.F.R.Pan 3500),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (Q) 'Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan, and all renewals, extensions and modifications of the Note;and 6i)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.- For this purpose,Borrower does hereby mortgage, grant and convey to MFRS(solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of MERS, the following described property located in the COUNTY of rrype of Rsordins lurisdletionl CUMBERLAND (Name of Recording Jurirdietiooi PENNSYLVANIA-Single Fomlly-Panafe MwiFreddle Mae UNI FORM INSIRUMPNT WITH MARS Form 3039(0 U01) MRRS apH Page 2 of 13 t LD ego BX 1947PG4475 'r (Page 4 of 18) (Page 4 of 18) " •••+++++SEE ATTACHED EXHIBIT FOR LEGAL DESCRIPTION++++++•+ which currently has the address of 999 THREE TURN RD,SHH'PENSBURG IS—Pennsylvania 17257 A Win Address"): . Moc"m TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances,and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but,if necessary to comply with law or custom, MFRS(as nominee for Lender and Lender's successors and assigns)has the right: to exercise any or all of those interests,including,but not limited to,the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to,releasing and canceling this Security rnstrum:m. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered; except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items,Prepayment Charges,and Late Charges Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late-charges due under the Note. Borrower shall also pay funds for Escrow hems pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a)cash; (b)money order;(c) certified check, 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. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment(s)or partial payment(s)if the paymcni(s)or partial payments are insufficient to bring the Loan current. Lender may accept any payment(s)or partial paymenl(s)insufficient to bring the Loan current, PENNSYLVANIA-Single Family-Flanle MaNFreddle M+c UNIFORM INSIRUMFNT WITH MFRS Form 3039(01/01) MEAS MS Page 3 of 13 W CC 0 BK 1947PG4476, (Page 5 of 1a) (Page 5 of 18) without waiver of any rights hereunder or prejudice to its rights to refuse such payment(s)or partial payments in the future.but Lender is not obligated to apply such payments at the time such payments are accepted. if each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payments)to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the Note; (b)principal due under the Nae; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any laic charge due,the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may he applied to any late charges due. Voluntary prepayments shall be.applied first to any prepayment charges and then as described in the Note. Any application of paymenm insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments arc due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called"Escrow Items." At origination or at any time during the term of the loon, Lender may require that Community Association Dues,Fees.and Assessments, if any,be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender • requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrunxnt,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 herr► Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount, Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. PENNSYLVANIA-Single Family.Fanale Mae/Freddh Mae UNIFORM INSTRUMENT WITH MERS Form3009(01/01), MEkr M" Pages 4 of 13 JAR BitI947PG4477 (Page 6 of 18) (Page 6 of 18) 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 Horne Loan Bank. Lender shall apply.the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such u charge. Unlcss an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds Lender shall give to Borrower,without charge,an annual accounting or the Funds as required by RESPA. U there is a surplus of Funds held in escrow, as defined under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage In accordance with RESPA,but in no more than twelve monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA.Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than twelve monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges;Liens. Borrower shall pay all taxes,assessments,charges, fine%,and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lenders opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings arc concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security instrument. If Lender determines that any part of the Property is subject to a liar which can attain priority over this Security Instrument,Larder may give Borrower a notice identifying the lien. Within !0 days of the date r t which that notice is given,Borrower'shell satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. & Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrowers choice, which right shall not be exercised unreasonably. Lender may requite Borrower to pay, in connection with this Loan, either:(a)a one-time charge for flood zone determination, certification and tracking services;or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time Mmappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible ror the payment of any fees imposed by the Federal Emergency Management Agency in connectinn with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower. Borrower's equity in the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have PENNSYLVANIA-Single Family-Fannie Mat/Freddle Mac UNIFORM INSTRUM PNT Willi MERS Form e39(el/e0 Page 5 of 13 Ccd B!( t 947P..G44.78 (Page 7 of 18) (Page 7 of 18) obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lendcr a right to disapprove such politics,shall include a standard mortgage clause,and Mall name Lender as mortgagee and/or as an additional loss payee.'Lender shall have the right to hold the policies and renewal certificates. U Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form or insurance coverage,not otherwise required by Lender, for damage to,or destruction of,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 or loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, 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 Properly to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be 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 proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would he 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 Borrower'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 then due. . 6. occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at]cast one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation,Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Properly,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economieally feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds arc paid in connection with damage to,or the taking of, the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. PENNSYLVANIA•Single Family-Fannie Mar/Frtddie Mar UNIFORM INSTRUMENT WITH MFRS Form Ip39 (01/0)) MERS" AX0 Pore 6 of 13 C l..D BK 1947-PG4479 (Page 8 of 18) (Page 8 of 18) Lender or its agent may make reasonable entries upon and inspections of the Property. if it has reasonable cause,Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application, Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan. Material representations include,but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower s principal residence. 9. Protection of Lender's Interest 1n the Property and Rights Under this Security Instrument. If(a) Borrower fails to perform covenants w the covents and agreements contained in this Security instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such it;a proceding in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or rcgulations).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 andlor assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include,but are not limited to:(a)paying any sums secured by a lien which has priority over this Security Instrument;(b)appearing in count and(c)paying reasonable attorney's fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,entering the Property to make repairs,change locks,replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off, Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt or Borrower secured by this Security Instrument. These amounts shall bear interest at the Note nate from the date of disbursement and shall be payable,with such interest.upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance.Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,from an alternate mortgage insurer selected by Lander. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept,-use and retain these payments as a con-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be required to pay Borrower any interest or taming&on such loss risme. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insuranoe as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve. until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. , PENNSYLVANIA-Single Family-Fannie Mae/Fnddle Mae UNIFORM INSTRUMENT wall MERS Form 3 9 (01101) .Maar zona D Page 1 of 13 A t-D BK 1947PG4460 (Page 9 of 18) (Page 9 of 18) Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other panics that share or modify their risk,or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements, These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Bnrmwcr's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses. If such agreement provides that an affiliate of Lender lakes a share of the insurer s risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance." Furthcr: (a) Any such agreements will not affect the amounts(hat Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeltare. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. if the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspeciion shall be undertaken promptly. fender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event or a total taking.destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately,before the partial taking,destruction,or loss in value is equal to or greater than the amount.of the sums secured by this Security Instrument immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)the total amount of the sums secured immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediately before the partial taking,destruction,or loss In value, Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction.or loss in value is less than the amount of the sums secured immediately before the partial taking,destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums arc then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party PENNSYLVANIA-Single Family•Fannie MadFreddte Mac UNIFORM INSTRUMENT WITII MERS Form 3039(01/01) MHiS DD sW��n' Page a of 13 8K1947PG448I (Page 10 of 18) (Page 10 of 18) (as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property arc hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Harrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums sectored by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,without limitation.Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability;Co-signers;Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However,any Borrower who cosigns this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument:(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Botrower can agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section Ig, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing,and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges..Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,but not limited to,attorneys fees,property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construct]as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum Ion charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. if a refund reduces principal,the reduction will he treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Borrowef$ acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. PENNSYLVANIA-Single Family-Fannie MwJFreddie Mae UNIFORM INSTRUMENT wrm MFRS Form 1039(01/01) MARS 709 /.♦L0 Page 9 of 13 � W t 84( t 947'PG4482 (Page 11 of 18) (Page 11 of 18) 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. Ir any notice required by this Security Instru=nt is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. ]6. Governing Law;Severability;Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b)words in the singular shall mean and include the plural and vice versa;and(c)the word"may"gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18, Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 1 S."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 trarisfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option.Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower most pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period.Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration If Borrower meets certain conditions.Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of(a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(e) entry of a judgment enforcing this Security Instrument. Thou conditions are that Borrower: (a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b) cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument, Including,but not limited to,reasonable attorneys' fees,properly inspection and valuation fees,and PENNSYLVANIA-Sin tic Family-Fannie MaNFreddle Mac UNIFORM JINSTRUM ENT WrrH MIMS Fo1)r�m��3D39(01101) W macs" Page 10 of 13 w CLU 6K 19471PG4483 (Page 12 of 18) (Page 12 of 18) other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and(d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a)cash; (b) money order; (c) certified check, bank check, treasurer's check or cashiers check, provided any such check is drawn upon on institution whose deposits are insured by a federal agency, instrumentality or entity;or(d) Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer;Notice of Grievance. The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Scrvieer(s)and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument,until such Harrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section IS)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 period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. hazardous Substances. As used in this Section 21:(a) "Hazardous Substances"are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum product% toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection;(c)"Environmental Cleanup"includes any response action,remedial action,or removal action-as defined in Environmental Lew;and(d)an"Environmental Condition"means a condition that can cause, contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,not allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental law, (b) which creates an Environmental Condition,or(c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property including, but not limited to,hazardous substances in consumer products). PENNSYLVANIA-Singlt Family-Fannia MaefFrtddte MaeUNI FORM INSTRUMENT WITH MFRS F,offm3W9 (01101) M6aa 3019W w Page 11 of 13 CLD BK 4 947PG4484' (Page 13 of 18) (Page 13 of 18) Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Low of which Borrower has actual knowledge,(b)any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance,and(c)any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party,that any removal or other remediation of any Hazardous Substance affecting the Properly is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22. Acceteretion; Remedies Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise}. Lender shall notify Borrower of,among other things:(a)the default;(b)the action required to cure the default;(c)when the default must be cured;and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeditng and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non<xistence of a default or any other defense of Borrower to acceleration and foreclosure. U the default Is not cured as specified, Lender at its option may require immediate payment In full of all sums sectred by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided in this Section A including,but not limited to,attorneys'fees and costs of title evidence to the extent permitted by Applicable Law. 23.Release.Upon payment of all sums secured by this Security Instrument,this Security Instrument and the estate conveyed shall terminate and become void.After such occurrence, Lender shall discharge and satisfy this Security Instrument.Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fa is permitted under Applicable Law. 24.Waivers.Borrower,to the extent permitted by applicable law,waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution,extension of time, exemption from attachment, levy and sale, and homestead exemption. 25.Reinstatement Period Borrowers time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. 26.Purchase Money Mortgage.U any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27.]merest Rate After Judgment.Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Single Family-Fannie Mae/Preddle Mae UNIFORM INSTRUM04T WITH MFRS Form 3039 (01101) NBRr rDaa r� Page 12 of 13 W 60 C�.0 BH 1947PG4485 t, (Page 14 of 18) (Page 14 of 18) BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: �N L- 'X. (Scal) CALVIN L. OTT 8pi—cr (seal) WENDY L. T - 9o- (Seal) .aonawa (Sea)) .norrowa -----------------------------{Space Below This Line For Acknowledgment)-------------------------- STATE OF PENNSYLVANIA ) )SS. COUNTY OF CUM8eRLt14h ) On this,the 17TH day of APRIL, 2006 before me,the undersigned officer, personally appeared I CALVIN L. OTT AND WENDY L, OTT known to me (or satisfactorily proven) to be the person(s) whose name(s) islarc subscribed to the within instrument and acknowledged that he/shelthey executed the same for the purposes herein contained. IN W17NESS WHEREOF,I hereunto set my hand and official sea]. My Commission Expires. OF S �( aycn NO" tnNliat iatd DTl{RK /' Blam R Ltndaley, Public V S 6 I c Saban sb MM 2007 Title of Officer Certificate of ResidW"-Pw-yft&A-- at Wafts L W' ,R. L-1fj&s«y do hereby certify that the correct address of the within-named Mortgagee is &frt't.FNEJ,A Sce. la1, Mcun-cd��aYvlf,(,'= 595 QE ,P� 18436 Witness my hand this 171* day or X14, Q.: eAl Agent Oortgagee PENNSYLVANIA-Single Family-Fannie MWFreddie Mac UNJFORM INSTRUMENT WITH MFRS Form 3039(0001) MAIM JOA Page 17 of l3 W BK 1947PG4486 ra (Page 15 of 18) (Page 15 of 18) ADJUSTABLE RATE RIDER (LIBOR Index-Rate Caps) LOAN NO.�b THIS ADIUSTA RIDER is made this 17TH day of APRIL 2006 .and is incorporated into and shall be deemed to amend and supplement the Mortgage.Deed of Trust or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to MERCANTILE MORTGAGE COMPANY A CORPORATION (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 999 THREE TORN RD SHIPPENSBURG, PA 17257 (t4operty Add.,,, THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument.Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 10.650 %. The Note provides for changes in the interest rate and the monthly payments,as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates , The interest rate I will pay may change on the first day of MAY 2009 ,and on that day every sixth month thereafter. Each date on which my interest rate could change is called a"Change Date." (B) The Index Beginning with the fust Change Date,my interest rate will be based on an Index. The"Index"is the average of interbank offered rates for six-month U.S.dollar-denominated deposits in the London market("LIBOR").as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the"Current Index." If the Index is no longer available.the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. MULTISTATE. ADJUSTABLE RATE RIDER (LIBOR Index) • Slogte F.mily Freddie Mae UNIFORM INSTRUMENT FMAC3192(11100) Fxge 1.4 3 Form 3_ 1 1 1 I BK1947P64487 (Page 16 of 18) (Page 16 of 18) (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SEVEN AND 430 / 1000 percentage points( 7,430 %)to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.12596). Subject to the limits stated in Scctiun 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 13.650 % or less than 10.650 96. Thereafter, my interest rate will never be increased or decreased on any sinalc Change Date by more than one percentage point(19'0) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 16.650 96, nor less than 10.650 % (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Dale until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date or any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant IS of the Security Instrument is amended to read as follows: Transfer of the Property or a Bend ictal Interest in Borrower. As used in this Section I8,"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 in full of all sums secured by this Security InslruniEnl. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a)Borrower causes to be submitted to Lender inftRmation required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's security will not be impaired by:the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lenders consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agroemenis made in'the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE AOJU.NTABLF, RATE RIDER (LIBOR Index) - SIMle Family Freddie Mae UNIFORM INSTRUMENT FMA©192(11100) Page 3 of 3 Fon,3 to 1/01 W� gK1947PG4488 (Page 17 of 18) (Page 17 of 18) BY SIGNING BELOW,Borrower accepts and agrees to the lams and covenants contained in this Adjustable Rate Rider. (�[IfrM.� �• C�s6 (Seat) (Seal) -BorrowerI .Borrower CALVIN L. OTT WENDY L. OTT (seal) B—c, -Borrwcr) [Sign OriginalOnly] MULTISTATE ADJUSTABLE RATE RIDER (LIBOR Index) - Single Family - Fmddle Mae UNIFORM 111STRUMF.NT FMAC3192(11/00) Page 7 or J Porm 7192 1/01 I Certify this to be recorded In Cumberland County PA OKI 9-47PG4489 II (Page 18 of 18) (Page 18 of 18) LEGAL DESCRIPTION • ALI:f'HAT CERTAIN tract of mountain land lying and being situate in Southampton Township, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a stone at corner of land now or formerly of R.G.Rimes;thence by the some,South 74 degrees East 61 perches to a stone;thence by land now or formerly of George Clever,South 19 degrees West 136 perches to stones;thence by land now or formerly of John Stamey,North 45 degrees West 86 perches to stone;thence by land now or formerly of Benjamin Heim,deceased,North 29 degrees East 58 perches to stones;thence by land now or formerly of C.Long,deceased,North 35 degrees East 44 perches to the place of Beginning.' CONTAINING 51 acres 70 perches BEING THE SAME PREMISES which Alice L.Monar,widow,by Deed dated.January 28,2000 and recorded February 11,2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in Record Book 216,Page 99,granted and conveyed unto Calvin L.Ott and Wendy L.Ott, husband and wife. Parcel No.:39-15-0181-003 BI{ 1947PG4490 t When Recorded Return To: ASSIGNMENTS HSBC MORTGAGE.SERVICES P.O.SOX 1422 BRANDON,FL 33509 Parcel No.39-15-0181.003 IIN�It�Nl�1��161��1 GgRPORATE ASSIGUMFNT OF MORTGAGE Cumberland,Pennsylvania SELLER'S SERVICING#:13887948 "OTT" MERS#: 100236400000208575 SIS#:1-888.679.8377 Date of Assignment:August 8th,2012 Assignor:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.AS NOMINEE FOR MERCANTILE MORTGAGE COMPANY "ITS SUCCESSORS AND ASSIGNS" Assignee:HSBC MORTGAGE SERVICES INC I hereby certify the precise address of the within named Assignor is 1595 SPRING HILL ROAD,STE 310,VIENNA,VA 22182. I hereby certify the precise address of the within named Assignee is 636 GRAND REGENCY BLVD, BRANDON,FL 33510. Executed By.CALVIN L.OTT AND WENDY L.OTT, HUSBAND AND WIFE To:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR MERCANTILE MORTGAGE COMPANY"ITS SUCCESSORS AND ASSIGNS" Date of Mortgage: 04/17/2006 Recorded: 04/25/2006 in Book/Reel/Liber. 1947 Page/Folio:4474.as Instrument/Document:WA In the County of Cumberland,State of Pennsylvania. 999 THREE TURN RD,SHIPPENSBURG, PA 17257 in the Township of SOUTHAMPTON I do certify that the precise address of HSBC MORTGAGE SERVICES INC,is 636 GRAND REGENCY BLVD,BRANDON L , 51 Attested By: 999 THREE TUR RD,SHIP13NSt3 RG,15A-1 7257 Jn the Township of SOUTHAMPTON KNOW ALL MEN BY THESE PRESENTS,that for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the said Assignor hereby assigns unto the above-named Assignee,the said Mortgage having an original principal sum of$200,000.00 with interest,secured thereby,with all moneys now owing or that may hereafter become due or owing in respect thereof,and the full benefit of all the powers and of all the covenants and provisos therein contained,and the said assignor hereby grants and conveys unto the said assignee,the assignor's beneficial interest under the Security Instrument. TO HAVE AND TO HOLD the said Security Instrument,and the said property unto the-said assignee forever,subject to the terms contained in said Security Instrument. -MSP-MS4HSB1.08108/2012 09:39:04 AM-HSBI02HSBIA000000000000000881806-PACUMBE- 13887948 PASTATE,MORT_ASSIGN_ASSN-'NXCHSAI- . __... ...�...,..�,� ...:..�....�. _...:.,JXHIBIT ...._:_.�.�.�......._.._,...�.��.... CORPORATE ASSIGNMENT'OF MORTGAGE Page 2 of'12 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.AS NOMINEE FOR MERCANTILE MORTGAGE COMPANY "ITS SUCCESSORS AND•AS$IGNS" On must 8th.2012 By; ' _ MICI-ftlZ91ITLE,Assistant Secretary STATE OF.Florida COUNTY OF HllIsborough On August 8th,2012,before me,BENNY L CAMPBELL,a Notary Public in and for Hillsborough in the State of Florida,personally appeared MICHELLE LYTLE,Assistant Secretary of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR MERCANTILE MORTGAGE COMPANY "ITS SUCCESSORS AND ASSIGNS%personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within Instrument and acknowledged to me that he/shalthey executed the same In his/her/their authorized capacity,and that by his/her/their signature on the instrument the person(s),or the entity upon behalf of .which the person(s)acted,executed the instrument. WITNESS my hand and official seal, BENNY'(L CAMPBELL A'`�` CAA,��'% Notary Expires05/30/2015 #EE098214 0 - `m.My Comm,Cxpires: _ (This area for notarial seal) Mz+3U 015 • OM • No.�. % �4cL• Nj%••AUg�\9, ,,,O *MSP*MS4HSB1"08/08/2012 09:39:04 AM*HSBI02HSBIA000000000000000881806*PACUMBE* 13887948 PASTATE_MORT_ASSIGN ASSN**NXCHSBI• EXHIBIT 4 ROBERT P.ZIEGLER . RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE,PA 17013 717-240-6370 - ? Instrument Number-201224108 *Recorded On 0/2011 At 11:55:21 AM *Total Pages-3 Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number-114697 User ID-MBL *Mortgagor-OTT,CALVIN L *Mortgagee-HSBC MORTGAGE SER INC *Customer-HSBC CONSUMER&MORTGAGE LENDING *FEES STATE WRIT TAR $o•50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.00 DO NOT DETACH RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE: $3.00 TOTAL PAID $51.00 I Certify this to be recorded in Cumberland County PA RECORDER O "-Information denoted by an asterisk May change during the verification process and may not be reflected on this page. 112P. • BII�IIIIIIIIIIIIlIII{Il�f T.D.SERVICE COMPANY - - -...._....... _.Q3._.. r'7 ll Prepared By: (L/ T.D.Service Company 4000 W Metropolitan Dr Ste 400 Orange,CA 92868 _\ (714)543-8372,ERIK CRUZ �\ And When Recorded Mail To: T-D.Service Company 4000 W Metropolitan Dr Ste 400 Orange,CA 92868 (714)5434372 UPI(PARCEL#)39-15-0181-003 PrOPertY Address: 999 THREE TURN RD,SHIPPENSBURG,,PA 17257-0000. Space above for Recorder's use Customer#:673/2 Service#:3949999AS1 Loan#:9802637158 U I ASSIGNMENT OF MORTGAGE For good and valuable consideration,the sufficiency of which is hereby acknowle SERVICES,INC.,C/O CALIBER HOME LOANS,INC,,oKLAH MA CST Y MORTGA OTby these Presents does convey,great,bargain,sell,assign,transfer and set over to:LSF8 MASTER PARTICIPATION TRUST,GO CALIBER HOME LOANS,INC..13801 WIRELESSWAY,OKLAHOMA C1Ty,pK 732342550,the described Mortgage,together with the certain note(s)described therein with all interest,all liens, and any rights due or to become due thereon. Said Mortgage for described is recorded in the State t, PENNSYLVANIA,TOWNSHIP of SOUTHAMPTON,County of CUMBERLAND. of APRIL 17,2006 and recorded on APRIL 25,2006,as Instrument f CUMBERLAND E LA D Offs ial Records,Page dated 4474.. o. Original Mortgagor. CALVIN L.OTT ANDWENDY L.OTT,HUSBAND AND WIFE, Original Mortgagee: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC,AS NOMINEE FOR MERCANTILE MORTGAGE COMPANY,ITS SUCCESSORS AND ASSIGNS. Legal Description:See Attached Exhibit. EXHIBIT Loan#._9802637158 Srv#:V394""ASi __... . ._._. _._._._...._:.___.._-_.___...�.._..___..._.. Page 2 nate:LIAR 2 8 2014 HSBC MOR 2 S C.,BY CALIBER HOME-LOANS,INC.,AS ATTORNEY IN FACT Power of A rney reeordedsim eously herewith. By: Cralg DavenpoIce President State of CALIFORNIA } County of ORANGE chiMAR 2 8 20t re me,Reychel Doblesz,a Notary Public,personally appeared Craig Davenport,who acknowledged herself/himself to be the Vice President of HSBC MORTGAGE SERVICES,INC.,BY. CALIBER.HOME LOANS,INC.,AS ATTORNEY IN FACT,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same.in his/her/their authorized capacity(ies)and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. Witness my hand and official seat. _ REYCHEI.00BIESz Commission*2041456 (14� Notary Public•Calitornia i " orange County UA (Notary ame):Reychel Dobleez My Comm.Ex ices 15,2017 I hereby cerci the preciseness )thin named assignee is:C/O CALIBER HOME LOANS,INC. 13801 rWl , ,OKLAHO CITY,OK 731342550 By: C ice President LEGAL DESCRIPTION •ALI:flgAT CERTAIN tract of mountain.land lying and being situate.in Southampton Township, ._ _,..... . _... . Cu�dtierlan�G�ounty,Pennsylvania,bounded and described as follows: BEGINNING at a stone at corner of land now or formerly of R.G.Himes;thence by the samc,'South 74 degrees East 61 perches to a stone;thence by land now or formerly of George Clever,South 19 degrees West 136 perches to stones;thence by land now'or formerly of John Stamey,North 45 degrees West 86 perches to stone;thence by land now or formerly of Benjamin Heim,deceased,North 29 degrees East 58 perches to stones;thence by land now or formerly of C.Long,deceased,North 35 degrees East 44 perches to tbe'place of Beginning.. CONTAINING 51 acres 70 perches BEING THE SAME PREMISES which Alice L Monar,widow,by Deed dated January 28,2000 and recorded February 11,200!1 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in Record Book 216,Page 99,granted and conveyed unto Calvin L.Ott and Wendy L Ott, husband and wife. Parcel No.:39-15-0181-003 TAMMY SHEARER RECORDER OF DEEDS . CUMMBERLAND-:C.OUNTY._::..: :: :..;. ..._..__.....;.. p 1 COURTHOUSE SQUARE CARLISLE,PA.17013 717-240-6370 Instrument Number-201406875 Recorded On 4/4%1014 At 11:34:04 AM *Total Pages-4 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number-158852 User ID-SW *Mortgagor-017,CALVIN L *Mortgagee-LSF7 MASTER PARTICIPATION *Customer-T-D SERVICE COMPANY *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER of DEEDS This page is now part PARCEL CERTIFICATION $15.00 FEES of this legal document. COUNTY ARCHIVES TEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL 'PAID $55.50 I Certify this to be recorded in Cumberland County PA RECORDER OF DEEDS Information denoted by an asterisk may change during the verification process and'may not be reflected on this page. 00363E i 1IIIIIIIII���II(�(I�f�l � � U.S. Postal ServiceT�., . o CERTIFIED MAlLTr., RECEIPT it � (Domestic Mai!Only;No Insurance Coverage Provided) --rLn Ln iFor de[[very information visit our website at www.usps.corn�y oil L USE I ;. ' 1 C VA I ool� Postage $ 3 oQl M C3 Certified Fee 1 , C3 C3 Return Receipt Fee HereC3 C3 (Endorsement Required) " AIS C3 C3 C3 Restricted.. - wilii- C3 E:3 (Endorsement _dI� azl� M Qa YI u 1Total Postage&Fees a r � ' W w rl g�� IC E3 Box No. + I or • 1 I 1 PS Form 3ll00.August 2006 See Reverse for Instructions l U.S. Postal ServiceTt., ' CERTIFIED MAILT�, RECEIPT le I - (Domestic Maif Only;No lnsrrrance Coverage Provided) i , ' = = Rte at www.usps.come z, i. OFFICIAL r, 4 -r = l ��I� h Ot Postage $ _ oQIS r M Certified Fee I >�ol©I 1 i 3 C3 Return Receipt Fee HereLL _ Ow w M (Endorsement Required) 001~� C3 • }-al� Delivery M C3 L3 (Endorsement Required) � r rEEI� Total postage&Fees $ ��fru ru rq r-1r a I ! " -•Box No. I I ' PS Form 3800.August 2006 See Reverse for Instructions I I �3 7 I Y i �g 1i 1 EXHIBIT E R P.O.Box 24610CA LIS. . HOME LAN Oklahoma City,OK 73124-0610 April 29,2014 CALVIN L OTT 999 THREE TURN RD SHIPPENSBURG PA 17257 Please See Attached Notice THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Notice to Consumers presently in Bankruptcy or who have a Bankruptcy Discharge: If you are a debtor presently subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy Court, this communication is not an attempt to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obligations. 7:50 Property Non-Certified prim 20140325rev Date: 04/29/14 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 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 NOTIFICACIbN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCCIbN INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): CALVIN L OTT WENDY L. OTT PROPERTY ADDRESS: 999 THREE TURN RD SHIPPENSBURG PA 17257 LOAN ACCT. NO.: 98 ORIGINAL LENDER: MERCANT LE MORTGAGE COMPANY CURRENT LENDER: U.S. Bank Trust, N.A.as trustee for LSF8 Master Participation Trust CURRENT SERVICER: Caliber Home Loans, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, " IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting.Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE --Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 999 THREE TURN RD SHIPPENSBURG PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 months for$ 5,513.76. Other charges (explain/itemize): Late Charges: $ 2,484.54 Other Charges: $ 0.00 Escrow: $ 1,471.53 Lender Placed Ins/Taxes: $ 0.00 TOTAL AMOUNT PAST DUE: $ 9,469.83 HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,WHICH IS $ 9,469.83, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: Caliber Home Loans, Inc. P.O Box 650856 Dallas, TX 75265-0856 Attn: Kawanna Coppage IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortc - ed property. IF THE MORTGAGE IS FORECLOSED UPON --The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES --The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving 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 10 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 Trust, N.A.as trustee for LsFs Master Participation Trust c/o Caliber Home Loans, Inc. Address: P.O. Box 24610 Oklahoma City, OK 73124 Phone Number: 1 -800-621 -1437 Fax Number: 1 -405-608-2018 Contact Person: Kawanna Coppage E-Mail Address: kawanna coppage(aacaliberhomeloans.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --You may or_X_ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Please see the attached list of consumer credit counseling agencies serving your county, 7:50 Property Non-Certified prim 20140325rev CALIBERP.O.Box 24610 HOME LOAM S Oklahoma City,OK 73124-0610 April 29,2014 WENDY L. OTT 999 THREE TURN RD SHIPPENSBURG PA 17257-8868 Please See Attached Notice THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Notice to Consumers presently in Bankruptcy or who have a Bankruptcy Discharge: If you are a debtor presently subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy Court, this communication is not an attempt to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obligations. 7:50 Mailing Non-Certified sec 20140325rev Date: 04/29/14 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home.This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 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, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI6N INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): CALVIN L OTT WENDY L. OTT PROPERTY ADDRESS: 999 THREE TURN RD SHIPPENSBURG PA 17257 LOAN ACCT. NO.: 98C� ORIGINAL LENDER: MERCANTILE MORTGAGE COMPANY CURRENT LENDER: U.S. Bank Trust, N.A.as trustee for LSF8 Master Participation Trust CURRENT SERVICER: Caliber Home Loans, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE --Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 999 THREE TURN RD SHIPPENSBURG PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 months for$ 5,513.76. Other charges(explain/itemize): Late Charges: $ 2,484.54 Other Charges: $ 0.00 Escrow: $ 1,471.53 Lender Placed Ins/Taxes: $ 0.00 TOTAL AMOUNT PAST DUE: $ 9,469.83 HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,WHICH IS $ 9,469.83, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: Caliber Home Loans, Inc. P.O Box 650856 Dallas,TX 75265-0856 Attn: Kawanna Coppage IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON --The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES --The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 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 Trust, N.A.as trustee for LSFs Master Participation Trust clo Caliber Home Loans, Inc. Address: P.O. Box 24610 Oklahoma City, OK 73124 Phone Number: 1 -800-621 -1437 Fax Number: 1 -405-608-2018 Contact Person: Kawanna Coppage E-Mail Address: kawanna.coppageCaDcaliberhomeloans.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --You may or X_ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Please see the attached list of consumer credit counseling agencies serving your county. 7:50 Mailing Non-Certified sec 20140325rev FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. .This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. EXHIBIT F WWR#20601804 VERIFICATION I, Melinda Girardeau Default Service as a/ad Officer (Name) (Title) of Caliber Home Loans, Inc., solely in its capacity as servicer, within named, do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. LSF8 Master Participation Trust, by Caliber Home Loans, Inc., solely in its capacity as servicer Date: _���1 �'l .4- ' (Signature) Default Service Officer (Title) NAME: Calvin L. Ott and Wendy L. Ott WWR420601804 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFiC 3 OF t,4E SHERI WE' PA' 2015 JAN 15 PrI f } CUMBERLAND CU n,:f PENNSYLVANIA LSF8 Master Participation Trust vs. Calvin L Ott (et al.). Case Number 2014-7378 SHERIFF'S RETURN OF SERVICE 12/31/2014 12:25 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Wendy Ott, Wife, who accepted as "Adult Person in Charge" for Calvin L Ott at 999 Three Turn Road, Southampton Township, Shippensburg, PA 17257. CHRIST ER SHARPE, DEPUTY 12/31/2014 12:25 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Wendy Lou Ott at 999 Three Turn Road, Southampton Township, Shippensburg, PA 17257. RISTO2RER SHARPE, DEPUTY SHERIFF COST: $66.60 SO ANSWERS, January 02, 2015 RONNY R ANDERSON, SHERIFF ( CourtySuife Sheati, Telcosoft, Inc.