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HomeMy WebLinkAbout15-0201 Supreme Court of Pennsylvania Cour iof,.Coinmon Pleas For Protltonotary Use Only: V, I -) I�. civil�Cover Sheet Docket No: CUM W?&- D County b 1J _ a a The information collected wr this.form is used solely for cour•1 administration purposes. This form does not supplement or replace the.filing and service of'pleadings or other papers as required by lair°or rules of court. Commencement of Action: S [E Complaint El Writ of Summons Q Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T WELLS FARGO BANK, N.A MARTIN MENAPACE &TRACI L. MENAPACE I Are money damages requested? El Dollar Amount Requested: Mwithin arbitration limits Yes Q No O (check one) x outside arbitration limits N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? [] Yes No A Name of Plaintiff/Appellant's Attorney: POWERS, KIRN &ASSOCIATES, LLC El Check here if you have no attorney(arca Self-Represented 111'ro 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 snaking 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 Q Buyer Plaintiff Administrative Agencies Malicious Prosecution ❑ Debt Collection: Credit Card [1 Board of Assessment Motor Vehicle E] Debt Collection: Other El Board of Elections E] Nuisance E] Dept.of Transportation F1 Premises Liability ❑ Statutory Appeal: Other S Q Product Liability (does not include E mass tort) Q Employment Dispute: Q Slander/Libel/Defamation Discrimination C Q Other: (] Employment Dispute: Other M Zoning Board T El Other: I ] Other: O MASS TORT Asbestos N 0 Tobacco Fj Toxic Tort-DES Fj Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment Q Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation E] Declaratory Judgment Ground Rent E] Mandamus Q Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial El Quo Warranto E] Dental Partition 0 Replevin E] Legal l] Quiet Title Other: Medical E] Other: Other Professional: Updated 1/1/2011 ;i 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA j J. I �_I i'{l`f �.—`cif.�t(e . Wells Fargo Bank,N.A. CIVIL DIVISION f A 4101 Wiseman Boulevard I San Antonio, TX 78251 NO.: �1 5 W t(/ l (� Plaintiff, v Martin Menapace Traci L. Menapace 108 Harrison Drive New Cumberland, PA 17070 Defendants NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the 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 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 9 /K 7s 062-PA-V6 7011Gj 14-1563 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY(30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE,THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY(30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT TH►S DEBT, EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY(30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT,THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE)TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 062-PA-V6 14-1563 fi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,N.A. CIVIL DIVISION 4101 Wiseman Boulevard San Antonio, TX 78251 NO.: Plaintiff, v Martin Menapace Traci L. Menapace 108 Harrison Drive New Cumberland, PA 17070 Defendants CIVIL ACTION—COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank,N.A. by its attorneys, Powers, Kirn, &Associates, LLC and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, N.A., 4101 Wiseman Boulevard, San Antonio, TX 78251, (hereinafter "plaintiff'). Wells Fargo Bank, N.A. is the successor of a merger with Wells Fargo Bank Southwest, N.A. formerly known as Wachovia Mortgage, FSB as evidence by that certain official certification letter from the Office of the Comptroller of the Currency (OCC) dated November 1, 2009 attached hereto as Exhibit"A". Wachovia Mortgage, FSB was formerly known, prior to its name change, as World Savings Bank, FSB as evidence by the Notice of Amendment of Charter and Bylaws letter from the Office of Thrift Supervision (OTS) dated November 19, 2007 attached hereto as Exhibit "B". 2. The Defendant(s) are, Martin Menapace and Traci L. Menapace, with a last known address of 108 Harrison Drive,New Cumberland, PA 17070. 062-PA-V6 14-1563 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. Wells Fargo Bank, N.A., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit "C", attached hereto and made a part hereof. 5. On or about October 25, 2007, Martin Menapace and Traci L. Menapace, made, executed and delivered to World Savings Bank, FSB, Its Successors and/or Assignees, a Mortgage in the original principal amount of$205,600.00 on the premises described in the legal description marked Exhibit "D", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of Deeds in Cumberland County on October 29, 2007, in Instrument Id. No: 200740925, and is marked Exhibit "E" attached hereto and made a part hereof. 6. Plaintiff is the current Mortgagee. 7. Martin Menapace and Traci L. Menapace are the record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due May 15, 2014. 9. As of 12/16/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $213,474.51 Interest from 4/15/2014 to 12/16/2014 @ $4,571.30 variable rates 062-PA-V6 14-1563 Pre-acceleration Late Charges $767.14 Hazard Insurance Disbursements $0.00 Tax Disbursements $0.00 Property Inspections/Preservation $0.00 PMI/MIP Insurance $0.00 Other $0.00 Escrow Balance Credit $0.00 Credits to Borrower $0.00 Total $218,812.95 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 062-PA-V6 14-1563 s 1 l. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $218,812.95 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 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';.-�� . ..... .... .. .....• _.__ ... . .... - . .. r..,; _.. . ,., . .., ill, ..a .. ... _ ._., ;•':_ .i: i. r .. , .. ..,... .:...: _.Nov. „ o 1- - _ .._. r ..Y a i:..' : - - 'n.:'i.. ... ,: .. ,..r, .S':' .. ... F. :t•;s...:t ... _ ..t.�. .., : .;.. TO - f :% t.. ,, : _ .. - < . 1. ... .... . :'` ;.:.. a.... ... -. ... ._ �_.k .:..:.. _ - _ _ - -...:.._. .. ... .-;. .. i.:..) :�: , 0,07 t. ,- t .......... :.: cost' r.:... ... :: f.. .t ;,7n .. .. :. ,. ,.._ ., ... .. .,. .. 4 r'� „i i. i .. . .. _ '.., .. :.._......•. ;: . .. .. ...:'. ,.... , :. - - - - "t. :;ice`.; is_::. - r �: Any EXHIBIT `B' Office of Thrift Supervision Nicholas. D.yeTl � Department of the Treasury* • * � p Aesistaht.Regiorzal.Diz•ec64r MW Padf oPlaza,2001 Juuipero Sena Boulevard,Suite 650,Daly City,CA 94014-1976 1 9 P.O.Box 7165,San Francisco,CA 941207165 Telephone:(650)746-7025.Fax: (650)7464001 November 19,2007 - John A. Stoker,Esq'. . Vice President and Assistant General Counsel Wachovia Corporation Legal Division—NC0630 •, Qne Wachovia Center 3 01 South Charlotte Street : . .. ... . ..: Charlotte,NC 28288 Re: World Savings Bank,FSB, Oakland, California Notice of Amendment of Charter and Bylaws , Dear Mx. Stoker: This is in response to.your letter, dated November 8,2007,with enclosures,'which•you filed with the Office of Thrift Supervision(OTS) on behalf of World-Savings Bank,FSB ' to amend the savings bank's charter and bylaws to change its name to Wackovia Mortgage, FSB and reflect&change in the location of its home office. The new home office address is 6825 Alimte,Parkway,North Las Vegas,Nevada. _ The institution met the requirements-of 12 C.F,R. J§ 552.4(b)and 552.5(b)(2), and the proposed amendments mill be effective December 31,2.00 7, as set fork inthe.Board o£ `. Directors' resolutiob adopting-the changes to•the charter aid bylaws;' The f.bug also'mbf ., L. the req#ement'of 12 C,F,R,.•§'545.9l(b)that the savings bank jaotif r the OTT zf th exe'is a • . ` r chaitige in the permanent address of its hone office. Please feel.-free to coutaet me at(650)746-7025 if there are any questions. Sincerely, Nicholas J.Dyer Assistant Regional Director cc: Robert Burns,FDIC -Atlanta w January 2,2008 ATTENTION Re: Amendment of World Savings Bank,FSB's charter to change its name As you know, on October 1, 2006, Golden West Financial Corporation, parent company of World Savings Bank, FSB ("World"}, merged with Wachovia Corporation. Since October 1, 2006, the two institutions have undergone several integration procedures, one of which has been an amendment of World's charter to reflect a name amendment. Effective December 31,2007,World Savings Bank,FSB' became known as Wachovia Mortgage,FSB. The charter amendment and/or name change may affect various matters relating to mortgage-loans for which you have been retained. Accordingly,this letter is intended to provide guidance in your efforts to represent Wachovia Mortgage, FSB in those loan related matters. Subject to particular state or local rules, the name change should not require any special pleadings. All pleadings or documents prepared subsequent to December 30, 2007 both in furtherance of any outstanding legal matter or new matter in which the underlying documents reflect World,should set forth a statement of the charter amendment and refer to the surviving entity as,"World Savings Bank,FSB,now lmown as Wachovia Mortgage,FSB" or.."Wachovia Mortgage, FSB formerly known as World Savings Bank, FSB". Should you need a Secretary's Affidavit please contact me. Should you determine that your jurisdiction requires some other pleading or notice other than as set forth above, which would generate additional attorney fees or costs, please contact me before proceeding forward. Sincerely, Assistant General Counsel,Wachovia Corp. ori behalf of Wachovia Mortgage,FSB,its subsidiary' 4101 Wiseman Blvd.,MC TX1621 San Antonio,TX 78250 tel,ZM0 543-5747 fax.210-5437-3015 k dAi.garcia@wachovia.com EXHIBIT `C' (Page 1 of 6) r-• WORLD SAVINGS BANK,FSB ADJUSTABLE RATE MORTGAGE NOTE PICK-A-PAYMENTam LOAN WACHOVIA AVERAGE DEPOSIT ACCOUNT RATE(COST OF SAVINGS)INDEX THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE,MY MONTHLY PAYMENT AND MY UNPAID PRINCIPAL BALANCE,MY MONTHLY PAYMENT INCREASES,MY INTEREST RATE INCREASES AND MY PRINCIPAL BALANCE INCREASES ARE LIMITED.THIS NOTE IS SECURED BY A SECURITY INSTRUMENT OF THE SAME DATE. LOAN NUMBER' DATE: September 20,2007 BORROWER(s): MARTIN MENAPACE AND TRACI L MENAPACE,HUSBAND AND WIFE sometimes called"Borrower"and sometimes simply called'I"or'me' PROPERTY ADDRESS:108 HARRISON DRIVE,NEW CUMBERLAND,PA 17070-1736 1. BORROWER'S PROMISE TO PAY In serum for a loan that t have received,1 promise to pay U.S. $205,600.00,called"Prindpal,"plus Interest,and any other charges Incurred during the course of the loan,to the order of the Lender.The Lender is WORLD SAVINGS BANK,FSB, a FEDERAL SAVINGS BANK,ITS SUCCESSORS AND/OR ASSIGNEES,or anyone to whom this Note is transferred. 2. INTEREST (A) Interest Rate Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I will pay interest at the yearly rate of 7.200%.The interest rate I will pay may change as described In this Section 2. Interest will be charged on the basis of a twelve month year and a thirty day month, The interest rate required by this Section 2 Is the rate I will pay both before and after any default described in Section T(S)of this Note. (B) Interest Change Dates The interest rate I will pay may change on the 15th day of November, 2007 and on the same day every month thereafter.Each date on which my Interest rate could change Is called an"Interest Change Date'The new rate of interest will become effective on each Interest Change Date. (C) Interest Rate UMN My lifetime maYlmum Interest rate limit is 11.950%,called"Lifetime Rate Cap," I IIIIII VIII I�III Ilfl III 0 0 1 S02M(200"9.4) ADJUSTABLE PICK-A-PAYMENT NOTE PA Page 1 LENDER'S USE ONLY .. (Page 2 of 6) (D) Index Beginning with the first interest Change Date,my interest rate will be based on an Index. The Index is the"Cost of Savings Index"as published by Wachovia Corporation. The Cost of Savings Index Is the weighted average of the interest rates In effect as of the last business day of each calendar month on the U.S.dollar denominated personal time deposits(as defined by the Board of Governors of the Federal Reserve System for purposes of reporting deposits on FR 2900 by commercial banks)held by the U.S. branches and non-U.S.branches located on U.S,military facilities of the depository institution subsidiaries of Wachovia Corporation that hold federally insured deposits. For this purpose,a business day is any calendar day other than Saturday,Sunday,or any legal holiday for national banks. The Index will be published monthly by Wachovia Corporation,on or before the fifteenth day of each month,and made readily available.The most recent Index figure available on each Interest Change Date is caged the"Current Index". If an Index is substituted pursuant to section 2(F)of this Note,the alternate Index will become the Index. (E) Calculation of interest Rate Changes Lender will calculate my new Interest rate by adding 2.300 percentage points,called the"Margin,'to the Current Index. Subject to the limit stated In Section 2(C)above,the result of this calculation will be my new interest rate until the next Interest Change Date. If Lender falls to utilize the entire interest rate Increase to which It Is entitled under this Note on any interest Change Date by failing to add all or part ofthe allowable Margin to the Current Index,then Lender may add any such allowable Margin to the Current Index on any future Interest Change Date.Lender may not,at a later date,"carryover'or add Interest to which it is not entitled under this Note on any Interest Change Date. (F) Aftertaste Index The Lender may choose an alternate Index irthe Index is no longer available. For purposes of this Section 2(F),the Cost of Savings Index or an aftemate Index is no longer available if., (I) The Lender,in Its sole discretion,determines that(a)the Board of Governors of the Federal Reserve System has made a material change In the definition of personal time deposits or time deposits for purposes of reporting deposits on FR 2900 or a comparable successor report;or(b)the Index Is otherwise calculated In a substantially different manner or based on substantially different information than at the time the Index became applicable to this Note;or (2) Applicable laws or regulations prevent the Lender from using the Index to calculate Interest under this Note. The selection of an alternate Index shag be at Lenders sole discretion.The aftemate Index may be a national or regional index or another type of Index accepted or approved by the Lenders primary regulator. The Lender will give me notice of the alternate index. 3. PAYMENTS (A) Time and Place of Payments 1 will pay Principal and interest by making payments every month. 1 will make my monthly payments on the 16th day of each month beginning on November 1 S,2007.1-will make these payments every month until i have paid(I)all the Principal and interest;and(ti)any other charges described below that I may owe under this Note;and(Iii)any charges that may be due under the Security Instrument.If, on October 15, 2037, 1 still owe amounts under this Note,l Will pay those amounts in full on that date,which Is called the"Maturity Date," I will make my monthly payments at 1901 HARRISON STREET,OAKLAND,CALIFORNIA 94612 or at a different piece If required by notice from the Lender. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S.$754.81.This amount will change as described In Sections 3(C)and 3(D)below.My initial monthly payment amount was selected by me from a range of initial payment amounts approved by Lender and may not be sufficient to pay the entire amount of interest accruing on the unpaid Principal balance. (C) Payment Change Dates My monthly payment will change as required by Section 3(0)below beginning on the 15th day of November,2008 and an that day every 12th month thereafter.Each of these dates Is called a"Payment Change Date'My monthly payment will also change at anytime Section 3(F)or 3(G)below requires me to pay a different amount. I will pay the amount of my new monthly payment each month beginning on each Payment Change Date and as provided In Section 3(F)or 3(G)below: (0) Calculation of Payment Changes Subject to Sections 3(F)end 3(G),on the Payment Change Date my monthly payment may be changed to an amount sufficient to pay the unpaid principal balance,including any deferred Interest as described In Section 3(E)below,together with Interest at the Interest rate in effect on the day of calculation by the Maturity Date.However,the amount by which my payment can be increased will not be more than 7-1!2%of the then existing Principal and interest payment.This 7-1l2%limitation is called the "Payment Cap' The Lender will perform this Payment Change calculation at least 60 but not more than 90 days before the Payment Change Date. SD2576(2006.094) (901(20(16-094)] ADJUSTABLE PICK•A.PAYMENT NOTE PA cost Page 2 (Page 3 of 6) (E) Deferred Interest;Additions to My Unpaid Principal From time to time,my monthly payments may be insufficient to pay the total amount of monthly interest that is due.If this occurs,the amount of interest that is not paid each month,called"Deferred Interest,"will be added to my Principal and will accrue Interest at the same rate as the Principal. (F) Limit on My Unpaid Principal;Increased Monthly Payment My unpaid principal balance can never exceed 125%of the Principal I originally borrowed,called"Principal Balance Cap."If, as a result of the addition of deferred interest to my unpaid principal balance,the Principal Balance Cap limitation would be exceeded on the date that my monthly payment is due,I will Instead pay a new monthly payment.Notwithstanding Sections 3(C) and 3(D)above,I will pay a new monthly payment which is equal to an amount that will be sufficient to repay my then unpaid principal balance In full on the Maturity Date at the Interest rate then In effect,in substantially equal payments. (G) Payment Cap Limitation;Exceptions Beginning with the 10th Payment Change Date and every 51h Payment Change Date thereafter,my monthly payment will be calculated as described in Section 3(0)above except that the Payment Cap limitation will not appy.Additionally,the Payment Cap limitation will not apply on the final Payment Change Date. (H) Notice of Payment Changes The Lender will deliver or mail to me a notice of any changes in the amount of my monthly payment,called"Payment Change Notice,"before each Payment Change Date.The Payment Change Notice will Include information required by law. 4. FAILURE TO MAKE ADJUSTMENTS If for any reason Lender fails to make an adjustment to the Interest rate or payment amount as described In this Note, regardless of any notice requirement,I agree that Lender may,upon discovery of such failure,then make the adjustments as If they had been made on time.I also agree not to hold Lender responsible for any damages to me which may result from Lenders failure io make the adjustment and to let the Lender,at Its option,appy any excess monies which I may have paid to partial prepayment of unpaid Principal. S. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal before it is due is called a "Prepayment'. When I make a Prepayment. I will tell the Lender in writing that I am doing so. The Lender may require that any partial Prepayments be made on the date my regularly scheduled payments are due.If I make a partial Prepayment,there will be no changes in the due dates or amount of my regularly scheduled payments unless the Lender agrees to those changes in writing. 1 may pay deferred Interest on this Note at any time without charge and such payment will not be considered a"Prepayment"of Principal. During the first 3 years of the loan term If I make one or more Prepayments that,in the aggregate, exceed $5,000 in any calendar month, 1 must pay a prepayment chargee equal to 2% of the amount such Prepayments exceed$5,000 in that calendar month.After the first 3 years of the loan term,I may make a full or partial Prepayment without paying any prepayment charge. 6. MAXIMUM LOAN CHARGES If a law,which applies to this loan and which sets maximum ban charges,is finally Interpreted so that the Interest or other loan charges collected or to be collected In connection with this loan exceed the permitted limits,then(ij any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(ti)any sums already collected from me which exceeded permitted limits will be refunded to me.The Lender may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.if a refund reduces Principal,the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments Irthe Lender has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due. I will pay a late charge to the Lender.The amount of the charge velli be 5.00%of my overdue payment or Principal and Interest.I will pay this late charge promptly but only once on each late payment SD253C(200649.4) ADJUSTABLE PICK-A-PAYMENT NOSE PA Page 3 (Page 4 of 6) (B) Default 1 will be In default if(I)I do not pay the full amount of each monthly payment on the date it Is due;or(101 fall to perform any of my promises or agreements under this Note or the Security Instrument;or(til)any statement made in my application for this loan was materially false or misleading or If any statement In my application for this loan was materially false or misleading by reason of my omission of certain fads;or fiv)1 have made any other statement to Lender In connection with this loan that is materially false or misleading. (C) Notice of Default If i am in default,the Lender may send me a written notice,called"Notice of Default"telling me that if I do not pay the overdue amount by a certain date,the Lender may require me to pay immediately the amount of Principal which has not been paid and all the Interest that I owe on that amount,plus any other amounts due under the Security Instrument. (D) No Waiver by lender Even If,at a time when I em in default,the Lender does not require me to pay Immediately In full as described above,the Lender will still have the fight to do so if I am in default at a later time. (E) Payment of Lender's Costs and Expenses The Lender wlll have the right to be paid back by me for all of its costs and expenses In enforcing this Note to the extent not prohibited by applicable law.Those expenses may include,for example,reasonable attorneys•fees and court costs. 8. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me or any Borrower at 108 HARRISON DRIVE,NEW CUMBERLAND, PA 17070-1736,or at a single alternative address if I give the Lender notice of my alternative address.I may give notice to Lender of a change in my address In writing or by calling Lender's customer service telephone number provided on my billing statement. 1 may designate only one mailing address at a time for notification purposes. Except as permitted above for changes of address,any notice that must be given to the tender under this Note will be given by mailing it by first class mail to the Lender at the address stated in Section 3(A)above or at a different address If I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made In this Note,including the promise to pay the full amount owed.Any person who takes over these obligatlons Is also obligated to keep all orthe promises made In this Note.The Lander may enforce Its rights under this Note against each person Individually or against all of us together.This means that any one of us may be required to pay an of the amounts owed under this Note. 10. WAIVERS I and any otter person who has obligations under this Note waive the rights of presentment,notice of dishonor,notice of acceleration,and protest."Presentment"means the right to require the Lender to demand payment of amounts due."Notice of Dishonor means the right to require the Lenderto give notice to other persons that amounts due have not been paid. 11. SECURED NOTE-ACCELERATION In addition to the protections given to the Lender under this Note,the Security Instrument dated the same date as this Note Gives the Lender security against which it may proceed if I do not keep the promises which i made in this Note.That Security instrument describes how and under what conditions I may be required to make immediate payment in full of an amounts I owe under this Note and Includes the following Paragraph 26: AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROPERTY IS SOLD OR TRANSFERRED Acceleration of Payment of Sums Secured,Lender may,at its option,require immediate payment In full of all Sums Seared by this Security Instrument If all or any part of the Property,or if any right in the Property,is sold or transferred without Lendefs prior written permission.Lender also may,at As option,require immediate payment In full if Borrower Is not a natural Person and a beneficial Interest at Borrower Is sold or transferred without Lender's prior written permission.However,Lender shall not require Immediate payment in full if this Is prohibited by Federal Law in effect on the date of the Security Instrument. If Lender exercises the option to require Immediate payment in full,Lender will give me notice of acceleration.If I fail to pay ail Sums Seared by this Security Instrument immediately,Lender may then or thereafter invoke any remedies permitted by this Security Instrument without further notice to or demand on me. SD25M(2006-09 1002(20(16-094)) ADJUSTABLE PICK-A•PAYMENT NOTE PA Page 4 (Page 5 of 6) Exception to Acceleration of_PgjMent of Sums Secured.If the sale or transfer of all or any pad of the Property,or of a beneficial interest in Borrower.If Borrower is not a natural Person,is the first one to occur after the date of this Security Instrument,Lender will not exercise the option to accelerate payment in full of all Sums Secured and the loan may be assumed if. () Lender receives a completed written application from transferee to evaluate the creditworthiness of transferee as Its new loan were being made to the transferee by Lender, (ii) Lender approves the creditworthiness of the transferee In writing; (ii) transferee makes a cash downpaymenl sufficient to meet Lendoes then current underwriting standards; (iv) an assumption fee,in an amount to be determined by Lender(but not to exceed 1%of the balance of Principal and Interest due under the Secured Notes at the time of sale of transfer of the Property or of the interest in the Borrower)is paid to Lender,and (v) the transferee executes an assumption agreement which is satisfactory to Lender. The ban may be assumed under its then existing terms and conditions with one exception;the Lifetime Rate Cap may be changed.The Llfetime Rete Cap shall be changed to an interest rate which is the sum of the interest rate in effect on the date of a sale or transfer of the Property or beneficial interest in Borrower plus 5 percentage points,if that sum exceeds the Lifetime Rate Cap stated in the Secured Notes. 12. GOVERNING LAW:SEVERABILITY This Note shall be governed by and construed under federal law and federal rules and regulations including those for federally chartered savings Institutions,called'Federal Law.'In the event that any of the terms or provisions of this Note are interpreted or construed by a court of competent Jurisdiction to be void.Invalld or unenforceable,such decision shall affect only those provisions so construed or interpreted and shall not affect the remaining provisions of this Note. 13. CLERICAL ERRORS In the event the Lender at any time discovers that this Note or the Security Instrument or any other document related to this loan,called collectively the loan Documents,"contains an error which was caused by a clerical mistake,calculation error, computer error,printing error or similar error,I agree,upon notice from the Lender,to reexecute any Loan Documents that are necessary to correct any such errors)and I also agree that I will not hold the Lender responsible for any damage to me which may result from any such error. 14. LOST,STOLEN OR MUTILATED DOCUMENTS If any of the Loan Documents are lost,stolen,mutilated or destroyed and the Lender delivers to me an Indemnification in my favor,algned by the Lender,then I will sign and deliver to the Lender a Loan Document Identical In form and content which will have the effect of the original for all purposes. THIS SPACE INTENTIONALLY LEFT BLANK;SIGNATURE PAGE FOLLOWS SD25X(20064)9.4) ADJUSTABLE PICK-A4'AYMENT NOTE PA Page 5 (Page 6 of 6) SIGNATURE PAGE NOTICE TO BORROWER(S): BY SIGNING THIS NOTE YOU AGREE TO PAY A PREPAYMENT CHARGE IN CERTAIN CIRCUMSTANCES. PLEASE CAREFULLY READ THIS ENTIRE NOTE (INCLUDING THE PREPAYMENT PROVISION)BEFORE YOU SIGN IT. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED (PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW) BORROWER(S): (Seal) -Ak- N,ARTIN HEM2ACE /l(i.�_ •/V �/l.�ll'JG - (Seal) d TRACI L HENAPACE SD20(=4-034) (W14(2004-03-01)) Page 6 or 6 PA (Page 19 of 20) Y +� tixE't<�C� All that certain piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania,bounded and described as follows: Beginning at a point on the easterly line of Harrison Drive one hundred eighty(180) feet measured northwardly along said line from the northerly line of Harrison Drive and at the northerly line of Lot No. 10, Block "H"on the hereinafter mentioned Plan;thence northwardly along the easterly line of Harrison Drive by a curve to the left having a radius of two hundred ninety(290)feet,an arc distance of seventy(70) feet to a point; thence northeastwardly along the southerly line of Lot No. 12, Block "H" one hundred forty-one and twenty-eight one-hundredths(141.28)feet to a point;thence southeastwardly along the westerly line of Lots Nos.4 and 5, Block "H",one hundred six and seventeen one-hundredths(106.17) feet to a point; thence westwardly along the northerly line of Lot No. 10, Block "H",one hundred fifty-four and sixteen one- hundredths(154.16)feet to the Place of Beginning. Being Lot No. 11, Block "H",on the Plan of Section 4, Drexesl Hills,said Plan being recorded in Plan Book 11, Page 11, Cumberland County Records. Legal Description EXHIBIT `E' (Page 1 of 20) 19 PREPARED BY: WORLD SAVINGS BANK RETURN TO: ---� WORLD SAVINGS BANK Re—Cej ed FINAL DOCUMENTATION CLOSING DEPARTMENT DEC 1 Z��7 P.O.BOX 659548 SAN ANTONIO,TX 78265-8548 Leslie mSUrtch-, 1400-873-7340 /}}9_Z102 UPI#: OtT go RECORDER'S USE ONLY LOAN AMOUNT: $205,600.00 LOAN NUMBER�� MORTGAGE THIS IS A FIRST MORTGAGE WHICH SECURES A NOTE WHICH CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE, FREQUENCY AND AMOUNT OF PAYMENTS AND PRINCIPAL BALANCE (INCLUDING FUTURE ADVANCES AND DEFERRED INTEREST). AT LENDER'S OPTION THE SECURED NOTE MAY BE RENEWED OR RENEGOTIATED. THE SECURED NOTE PROVIDES FOR MONTHLY PAYMENTS OF PRINCIPAL AND INTEREST. THE MAXIMUM AGGREGATE PRINCIPAL BALANCE SECURED BY THIS MORTGAGE IS 52574000.00 WHICH IS 125% OF THE ORIGINAL PRINCIPAL NOTE AMOUNT. I. DEFINITIONS OF WORDS USED IN THIS MORTGAGE Zg & j (A) Security Instrument. This Mortgage, which is dated , 2007 will be called the"Security Instrument." (B) Borrower. MARTIN MENAPACE AND TRACI L MENAPACE, HUSBAND AND WIFE sometimes will be called"Borrower"and sometimes simply"I"or"me." (C) Lender. WORLD SAVINGS BANK, FSB, ITS SUCCESSORS AND/OR ASSIGNEES,will be called"Lender."Lender is a FEDERAL SAVINGS BANK, which is organized and exists under the laws of the United States. Lenders address is 1901 Harrison Street, Oakland,CA 94612 . 0 0 3 S17017A(200585.2) PA Page 1 LENDER'S USE ONLY (Page 2 of 20) . t (D) Note. The note signed by Borrower and having the same date as this Security Instrument, including all extensions, renewals, substitutions and modifications thereof, will be called the "Note" The Note shows that I owe Lender the original principal amount of U.S. $205,600.00 ("Note Amount'), plus accrued and deferred Interest and such other amounts as stated in the Note. 1 have promised to pay the debt in regularly scheduled periodic payments as provided in the Note and to pay the debt in full by October 15, 2037 ("Maturity Date").- (E) ate`).(E) Property. The property that is described below in Section III entitled"Description of the Property"will be called the"Property." (F) Sums Secured. The amounts described below in. Section II entitled "Borrower's Transfer of Rights in the Property"sometimes will be called the"Sums Secured." (G) - Person. Any person, organization, governmental authority or other party will be called "Person." JI. BORROWER'S TRANSFER OF RIGHTS IN THE PROPERTY I mortgage, irrevocably grant and convey the Property to Lender subject to the terms of this Security Instrument. This means that, by signing this Security Instrument, I am giving Lender those rights that are stated in this Security Instrument and also those rights that the law gives to lenders who hold mortgages on real property. I am giving Lender these rights to protect Lender from possible losses that might result if I fail to: @ pay all amounts owed to Lender under the Note and all other notes secured by this Security Instrument, called the "Secured Notes," including future advances made by Lender and any changes to the Secured Notes made with the written consent of Lender; (i) pay,with interest,any amounts that Lender spends under Paragraphs 2 and 7 below to protect the value of the Property and Lender's rights In the Property;and (W) keep all of my other promises and agreements under this Security Instrument, the Secured Notes and any changes to the Secured Notes made with the written consent of Lender. III. DESCRIPTION OF THE PROPERTY I give Lender rights in the Property described below: (i) The Property which is located at 108 HARRISON DRIVE, NEW CUMBERLAND,PA 170704736. The legal description of the Property is attached as Exhibit "A"which is made a part of this Security Instrument.This Property is called the"Described Property." SDO175(2005464) PA DEFERREDINTEREST Paget (Page 3 of 20) (ii) All buildings and other improvements that are located on the Described Property; (iii) All rights in other property that I have as owner of the Described Property, These rights are known as easements, rights and appurtenances attached to the Property; (iv) All rents or royalties and other income from the Described Property; (v) All mineral, oil and gas rights and profits, water rights and stock that are part of the Described Property; (vi) All rights that I have in the land which lies in the streets or roads in front of, behind or next to,the Described Property; (vii) All fixtures that are now or in the future will be on the Described Property or on the Property described in subsection (i) of this Section; (viii) All of the rights and property described in subsections(ii)through (vii) of this Section that I acquire in the future; (ix) All replacements of or additions to the Property described in subsections (i) through (viii)of this Section;and (x) All of the amounts that I pay to Lender under Paragraph 2 below. IV. BORROWER'S RIGHT TO GRANT A SECURITY INTEREST IN THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I promise that: (i) I lawfully own the Property; (ii) I have the right to mortgage, grant and convey the Property to Lender, and (ii) there are no outstanding claims, changes, liens or encumbrances against the Property,except for those which are of public record. I give a general warranty of title to Lender. This means that I will be fully responsible for any losses which Lender suffers because someone other than myself has some of the rights in the Property which I promise that I have. I promise that I will defend my ownership of the Property against any claims of such rights. COVENANTS I promise and I agree with Lender as follows: 1. BORROWER'S PROMISE TO PAY I will pay to Lender, on time, all principal and interest due under the Secured Notes and any prepayment and tate charges due under the Secured Notes. S0017C(2005-05-2) PA Page 3 (Page 4 of 20) _.1 2. PAYMENTS FOR TAXES AND INSURANCE (A) Borrower's Obligations I will pay all amounts necessary to pay taxes and hazard insurance premiums on the Property as well as assessments, leasehold payments,ground rents or mortgage insurance premiums (if any). (B) Escrow Accounts Subject to applicable law, no escrow shall be required except upon written demand by Lender, in which case, I shall pay to Lender on the day payments are due under the Note, until the Note is paid in full, a sum ("Funds")for: (a) yearly taxes, penalties and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property,if any; (c)yearly hazard or property insurance premiums;(d)yearly flood insurance premiums, if any; and (e) yearly mortgage insurance premiums, if any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for an escrow adcount under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. §2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge me for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays me interest on the Funds and/or applicable law permits Lender to make such a charge. However, Lender may require me to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay me any interest or earnings on the Funds. Lender shall give to me, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all Sums Secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to me for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify me in writing, and, in such case I shall pay to Lender the amount necessary to make up the deficiency or shortage. I shall make up the deficiency or shortage in accordance with the requirements of the Lender, at its sole discretion, in the manner and times prescribed by RESPA. Upon payment in full of all Sums Secured by this Security Instrument, Lender shall promptly refund to me any Funds held by Lender. If, under Paragraph 27, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the Sums Secured by this Security Instrument. 6DO17D(2005-05 2) PA Pape 4 (Page 5 of 20) 3. APPLICATION OF BORROWER'S PAYMENTS Unless applicable law requires otherwise, Lender will apply each of my payments under the Secured Notes and under Paragraphs 1 and 2 above in the following order and for the following purposes: First,to pay prepayment charges due under the Secured Notes; Second,to pay any advances due to Lender under this Security Instrument; Third,to pay the amounts due to Lender under Paragraph 2 above; Fourth,to pay interest due under the Secured Notes; Fifth,to pay deferred interest due under the Secured Notes; Sixth,to pay principal due under the Secured Notes; Last,to pay late charges due under the Secured Notes. A. BORROWER'S OBLIGATION TO PAY CHARGES,ASSESSMENTS AND CLAIMS I will pay all taxes, assessments and any other charges and fines that may be imposed on the Property and that may be superior to this Security Instrument. I will also make payments due under my lease if I am a tenant on the Property and 1 will pay ground rents (if any) due on the Property. I will pay these amounts either by making the payments to Lender that are described in Paragraph 2 above or by making the payments on time to the Person owed them. Any claim, demand or charge that is made against property because an obligation has not been fulfilled is known as a lien. I will promptly pay or satisfy all liens against the Property that may be superior to this Security Instrument. However,this Security Instrument does not require me to satisfy a superior lien if: (A) I agree, in writing, to pay the obligation which gave rise to the superior lien and Lender approves in writing the way in which I agree to pay that obligation; or(B) in good faith, I argue or defend against the superior lien in a lawsuit so that,during the lawsuit, the superior lien may not be enforced and no part of the Property must be given up; or (C) I secure from the holder of that other lien an agreement, approved in writing by Lender,that the lien of this Security Instrument is superior to the lien held by that Person. If Lender determines that any part of the Property is subject to a superior lien, Lender may give to me a notice identifying the superior lien. I will pay or satisfy the superior lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. BORROWER'S OBLIGATION TO MAINTAIN INSURANCE At my sole cost and expense, I will obtain and maintain hazard insurance to cover all buildings and other improvements that now are or in the future will be located on the Property. The insurance must cover loss or damage caused by fire, hazards normally covered by"extended coverage"hazard insurance policies and other hazards for which Lender requires coverage. The insurance must be in the amounts and for the periods of time required by Lender. I may choose the insurance company but SDO17E(2005-05-2) PA Page 5 (Page 6 of 20) my choice is subject to Lender's approval. Lender may not refuse to approve my choice unless the refusal is reasonable. All of these insurance policies and renewals of the policies must include what is known as a Standard Mortgagee Clause to protect Lender. The form of all policies and renewals must be acceptable to Lender. Lender will have the right to hold the policies and renewals. If Lender requires, I Will promptly give Lender all receipts of paid premiums and renewal notices that I receive. If I obtain earthquake insurance, any other hazard insurance, credit life and/or disability insurance, or any other insurance on or relating to the Property or the Secured Notes and which are not specifically required by Lender, I will name Lender as loss payee of any proceeds. If there is a loss or damage to the Property, I will promptly notify the proper insurance company and Lender. If I do not promptly prove to the insurance company that the loss or damage occurred,then Lender may do so. The amount paid by the insurance company is called"Proceeds."Any Proceeds received will be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining the Proceeds, and then, at Lenders option and in the order and proportion as Lender may determine in its sole and absolute discretion, regardless of any impairment or lack of impairment of security, as follows: (A) to the extent allowed by applicable law, to the Sums Secured in a manner that Lender determines and/or(B)to the payment of costs and expenses of necessary repairs or to the restoration of the Property to a condition satisfactory to Lender, such application to be made in the manner and at the times as determined by Lender. If I abandon the Property or if I do not answer, within 30 days, a notice from Lender or the insurance Company stating that the insurance company has offered to settle a claim, Lender may collect the Proceeds. I will notify Lender immediately of any offer to settle a claim I receive from the insurance Company. I will immediately deliver any Proceeds I receive from any insurer or other persons to I-ender. Lender may use the Proceeds to repair or restore the Property or to pay the Sums Secured, The 30-day period will begin when the notice is given. If any Proceeds are used to reduce the amount of the outstanding balance of the Sums Secured, that use will not delay the due date or change the amount of any of my regularly scheduled payments under the Secured Notes and under Paragraphs 1 and 2 above. However, Lender and I may agree in writing to delays or changes. If Lender acquires the Property under Paragraph 27 below, all of my rights in the insurance policies will belong to Lender. Also, all of my rights in any Proceeds which are paid because of damage that occurred before the Property is acquired by Lender or sold will belong to Lender. However, Lenders rights in those Proceeds will not be greater than the Sums Secured immediately before the Property is acquired by Lender or sold. SD017F(2005.05.2) PA Page 6 (Page 7 of 20) If I am required by Lender to pay premiums for mortgage insurance, I will pay the premiums until the requirement for mortgage insurance ends according to my written agreement with Lender or according to law. 6. BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO FULFILL ANY LEASE OBLIGATIONS I will keep the Property in good repair including, but not limited to, keeping the Property free from debris, mold, termites, dry rot and other damaging pests and infestations. I will not destroy or substantially change the Property and I will not allow the Property to deteriorate. I will keep and maintain the Property in compliance with any state or federal health and safety laws, and hazardous materials and hazardous waste laws. 1 will not use, generate, manufacture or store any hazardous materials or hazardous waste on, under or about the Property. I will indemnify, defend and hold harmless Lender and its employees, officers and directors and their successors from any claims, damages or costs for required or necessary repair or the removal of mold, termites, dry rot, other damaging pests and infestations and hazardous waste or any other hazardous materials claim. If I do not own but am a tenant on the Property, I will fulfill my obligations under my lease. I also agree that,if acquire the fee title to the Property, my lease interest and the fee title will not merge unless Lender agrees to the merger in writing. 7. LENDER'S RIGHT TO PROTECT ITS RIGHTS IN THE PROPERTY If: (A) I do not keep my promises and agreements made in this Security Instrument, or (B) someone, including me, begins a legal proceeding that may significantly affect Lender's rights in the Property (including but not limited to any manner of a legal proceeding in bankruptcy, in probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever it deems reasonable or appropriate to protect the Lender's rights in the Property. Lender's actions may include, without limitation, appearing in court, paying reasonable attorneys' fees, purchasing insurance required under Paragraph 5 above (such insurance may cost more and provide less coverage than the insurance I might purchase), and entering on the Property to make repairs. Lender must give me notice before Lender may take any of these actions. Although Lender may take action under this Paragraph 7, Lender does not have to do so.Any action taken by Lender under this Paragraph 7, will not release me from my obligations under this Security Instrument. I will pay to Lender any amounts which Lender advances under this Paragraph 7 with interest, at the interest rate in effect under the Secured Notes. I will pay those amounts to Lender when Lender sends me a notice requesting that I do so. Interest on each amount will begin to accrue on the date that the amount is advanced by Lender. However, Lender and 1 may agree in writing to terms that are different from those in this Paragraph 7. This Security Instrument will protect Lender in case I do not keep this promise to pay those amounts with interest. S0017G(2005.05-2) PA Page 7 (Page 8 of 20) 8. LENDER'S RIGHT TO INSPECT THE PROPERTY Lender, and others authorized by Lender, may enter upon and inspect the Property. They must do so in a reasonable manner and at reasonable times. Before or at the time an inspection is made, Lender must give me notice stating a reasonable purpose for the inspection. 9, AGREEMENTS ABOUT GOVERNMENTAL TAKING OF THE PROPERTY I assign to Lender all my rights: (A)to proceeds of all awards or claims for damages resulting from condemnation, eminent domain or other governmental taking of all or any part of the Property; and (B) to proceeds from a sale of all or any part of the Property that is made to avoid condemnation, eminent domain or other governmental taking of the Property. All of those proceeds will be paid to Lender. If I receive any such proceeds, I will immediately deliver them to Lender. If all of the Property is taken, the proceeds will be used to reduce the Sums Secured. If any of the proceeds remain after the Sums Secured have been paid in full, the remaining proceeds will be paid to me. Unless Lender and I agree otherwise in writing, if only a part of the Property is taken, the Sums Secured will be reduced only by the amount of proceeds multiplied by the following fraction: (A) the total amount of the Sums Secured immediately before the taking, divided by (B) the fair market value of the Property immediately before the taking. The remainder of the proceeds will be paid to me. If I abandon the Property or if I do not answer, within 30 days, a notice from Lender stating that a governmental authority has offered to make a payment or to settle a claim for damages, Lender has the authority to collect the proceeds and settle the claim. Lender may then use the proceeds to reduce the Surras Secured.The 30-day period will begin when the notice is given, If any proceeds are used to reduce the amount of the outstanding principal of the Secured Notes, that use will not delay the due date or change the amount of any of my regularly scheduled payments under the Secured Notes and under Paragraphs 1 and 2 above. However, Lender and I may agree in writing to delays or changes. 10, CONTINUATION OF BORROWER'S OBLIGATIONS AND OF LENDER'S RIGHTS (A) Borrower's Obligations Lender may allow a Person who takes over my rights and obligations subject to this Security Instrument to delay or to change the amount of the payments of principal and interest due under the Secured Notes or under this Security Instrument. Even if Lender does this, however, that Person and I will both still be fully obligated under the Secured Notes and under this Security Instrument. Lender may allow those delays or changes for a Person who takes over my rights and obligations, even if Lender is requested not to do so. Lender will not be required to bring a lawsuit against such a Person for not fulfilling obligations under the Secured Notes or under this Security Instrument,even if Lender is requested to do so. SD017H(2005-05.4) PA Page a (Page 9 of 20) (B) Lender's Rights Even if Lender does not exercise or enforce any of its rights under this Security Instrument or under the law, Lender will still have all of those rights and may exercise and enforce them in the future. Even if Lender obtains insurance, pays taxes, or pays other claims, charges or liens against the Property, Lender will have the right under Paragraph 27 below to demand that I make immediate payment in full of the Sums Secured. 11. OBLIGATIONS OF BORROWER, CO-SIGNORS AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR OBLIGATIONS Except as provided below, if more than one Person signs this Security Instrument as Borrower, each of us is fully obligated to keep all of Borrower's promises and obligations contained in this Security Instrument. Lender may enforce Lender's rights under this Security Instrument against each of us individually or against all of us together. This means that any one of us may be required to pay all of the Sums Secured. Any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signor'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signors interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the Sums Secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signors consent. Any Person who takes over my rights or obligations under this Security Instrument will have all of my rights and will be obligated to keep all of my promises and agreements made in this Security Instrument. Similarly, any Person who takes over Lenders rights or obligations under this Security Instrument will have all of Lenders rights and will be obligated to keep all of Lenders agreements made in this Security Instrument. 12. MAXIMUM LOAN CHARGES If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed permitted limits, then: (A) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits 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 outstanding principal balance of the Secured Notes or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Secured Notes. 13. LEGISLATION AFFECTING LENDER'S RIGHTS If a change in applicable law would make any provision of the Secured Notes or this Security Instrument unenforceable, Lender may require that I make immediate payment in full of all Sums Secured by this Security Instrument. SDO171(I005-05 3) PA Page 9 F (Page 10 of 20) 14. NOTICES REQUIRED UNDER THIS SECURITY INSTRUMENT Any notice that must be given to me under this Security Instrument will be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice will be addressed to me at 108 HARRIsoN DRIVE, NEW cub=RLA=, PA 17070-1736. A notice will be given to me at an alternative address if I give Lender notice of my alternative address. I may give notice to Lender of my alternative address in writing or by calling Lender's customer service telephone number provided on my billing statement. I may designate only one mailing address at a time for notification purposes. Except as permitted above for changes of address, any notice that must be given to Lender under this Security instrument will be given by mailing it by first class mail to Lender's address stated in Section L(C) above entitled, "Definitions of Words Used in this Mortgage," unless Lender gives me notice of a different address. Any notice required by this Security Instrument is given when it is mailed or when it is delivered according to the requirements of this Paragraph 14 or of applicable law. 15. GOVERNING LAW; SEVERABILITY This Security Instrument and the Secured Notes shall be governed by and construed under federal law and federal rules and regulations, including those for federally chartered savings institutions, ("Federal Law")and,to the extent Federal Law does not apply, by the law of the jurisdiction in which the Property is located. In the event that any of the terms or provisions of this Security Instrument or the Secured Notes are interpreted or construed by a court of competent jurisdiction to be void, invalid or unenforceable, such decision shall affect only those provisions so construed or interpreted and shall not affect the remaining provisions of this Security Instrument or the Secured Notes. 16. BORROWER'S COPY I acknowledge the receipt of one conformed copy of the Secured Notes and of this Security Instrument. 17. LENDER'S RIGHTS TO RENTAL PAYMENTS AND TO TAKE POSSESSION OF THE PROPERTY If Lender requires immediate payment in full or if I abandon the Property, then Lender, Persons authorized by Lender, or a receiver appointed by a court at Lender's request may: (A) collect the rental payments, including overdue rental payments, directly from the tenants; (B) enter upon and take possession of the Property; (C) manage the Property; and (D) sign, cancel and change rental agreements and leases. If Lender notifies the tenants that Lender has the right to collect rental payments directly from them under this Paragraph 17, 1 agree that the tenants may make those rental payments to Lender without having to ask (i) Lender whether I have failed to keep my promises and agreements under this Security Instrument, or(i) me for my permission to do so. If Lender acts to have the Property sold after a Breach of Duty as defined in Paragraph 27, 1 understand and agree that: (A)my right to occupy the Property ceases at the time the Property is sold; (B) I shall have no right to occupy the Property after such sale without the written consent of the new owner of the Property; and (C) my wrongful and unlawful possession of the Property may subject me to monetary damages, including the loss of reasonable rent and the cost of eviction. All rental SD017J(2005.05-2) PA Page 10 r �i (Page 11 of 20) payments collected by Lender or by a receiver, other than the rent paid by me under Pagagraph 17, will be used first to pay the costs of collecting rental'payments and of managing the Property. If any part of the rental payments remains after those costs have been paid in full, the remaining part will be used to reduce the Sums Secured. The costs of managing the Property may include the receiver's fees, reasonable attorneys'fees and the costs of any necessary bonds. 18. INJURY TO PROPERTY;ASSIGNMENT OF RIGHTS An assignment is a transfer of rights to another. I may have rights to bring legal action against persons, other than Lender,for injury or damage to the Property or in connection with the loan made to me by Lender and which arose or will arise before or after the date of this Security Instrument. These rights to bring legal action may include but are not limited to an action for breach of contract, fraud, concealment of a material fact or for intentional or negligent acts. I assign these rights, and any and all proceeds arising from these rights, as permitted by applicable law, to Lender. Lender may, at its option, enforce these rights in its own name and may apply any proceeds resulting from this assignment to the Sums Secured after deducting any expenses, including attorneys' fees, incurred in enforcing these rights.At the request of Lender, I will sign any further assignments or other documents that may be necessary to enforce this assignment. I will notify Lender immediately if I believe I have the right to bring any such legal action against any persons, and will notify Lender immediately if I assert any claim of demand against or commence any legal action against any such person. If I receive any proceeds from any persons besides Lender in connection with any such claim,demand or legal action, I will Immediately deliver such proceeds to Lender. 19. CLERICAL ERRORS In the event Lender at any time discovers that this Security Instrument, the Secured Notes or any other document related to this loan, called collectively the "Loan Documents," contains an error which was caused by a clerical mistake, calculation error, computer error, printing error or similar error, I agree, upon notice from Lender, to execute such documents as Lender deems necessary to correct any such error(s) and I also agree that 1 will not hold Lender responsible for any damage to me which may result from any such error. 20. LOST,STOLEN OR MUTILATED DOCUMENTS If any of the Loan Documents are lost, stolen, mutilated or destroyed and Lender delivers to me an indemnification in my favor, signed by Lender, then I will sign and deliver to Lender a Loan Document identical in form and content which will have the effect of the original for all purposes. 21. WAIVER OF STATUTE OF LIMITATIONS I will waive, within applicable law, the pleading of the statute of limitations as a defense to enforce this Security Instrument, including any obligations referred to in this Security Instrument or Secured Notes. 22. CAPTIONS The captions and headings at the beginning of each paragraph of this Security Instrument are for reference only and will not be used in the interpretation of any provision of this Security Instrument. S0017K(2005-05.2) PA Page 11 r (Page 12 of 20) 23. MODIFICATION This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. 24. CONDOMINIUM,COOPERATIVE AND PLANNED UNIT DEVELOPMENT OBLIGATIONS It the Property is a unit in a condominium, cooperative or planned unit development, each of which shall be called the"Project,"and I have an interest in the common elements of the Project,then Lender and I agree that: (A) If an owners association or other entity, called "Owners Association," holds title to Property for the benefit or use of the Project and its members or shareholders, the Property also Includes my interest in the Owners Association and the uses, proceeds and benefits of my interest. (B) The following are called the "Constituent Documents."' (i) The declaration or any other document which created the Project; (i) By-laws of the Owners Association; (iii) Code of regulations for the Project; (iv)Articles of incorporation,trust instrument or equivalent document which creates the Owners Association; (v) The Project's covenants, conditions and restrictions; (vi) Other equivalent documents. I shall perform all of my obligations under the Constituent Documents, including my obligation to pay, when due, all dues and assessments. If I do not pay the dues and assessments when due, Lender may, at its option, pay them. I will pay to Lender any amounts which Lender advances underthis Paragraph 24 according to the terms described in Paragraph 7 above. (C) If the Owners Association maintains, with an insurance company reasonably acceptable to Lender, a master or blanket policy on the Project which is satisfactory to Lender and which provides insurance coverage on the terms, in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within the term"extended coverage,"and Lender is provided with evidence of such master or blanket policy, then: (i) Lender waives the provision in Paragraph 2(B) above for the payment to Lender of the estimated yearly premium installments for hazard insurance on the Property; and (ii) hazard insurance coverage on the Property as required by Paragraph 5 above is deemed to be satisfied to the extent that the required coverage is provided by the Owners Association policy. I shall give Lender prompt notice of any lapse in the required hazard insurance coverage. 1 shall provide a copy of such master or blanket policy to Lender annually. SDO17L(2005.05.2) PA Page 12 (Page 13 of 20) • • t In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property,whether to the unit or to common elements, any proceeds payable to me are hereby assigned and shall be paid to Lender for application to the Sums Secured by this Security Instrument, with any excess paid to me. If I receive any such proceeds, 1 will immediately deliver them to Lender or otherwise apply them as set forth above, shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable to Lender in form, amount and extent of coverage. (D) I shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of condemnation, eminent domain or other governmental taking; (ii) any arriendment to any provision of Constituent Documents unless the provision is for the express benefit of Lender or of lenders generally; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the master or blanket hazard insurance policy and/or the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. 25. FUTURE ADVANCES At Borrower's request, Lender, at its option (but before release of this Security Instrument or the full reconveyance of the Property described in the Security Instrument) may lend future advances, with interest, to Borrower. Such future advances, with interest, will then be additional Sums Secured under this Security Instrument. 26. AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROPERTY IS SOLD OR TRANSFERRED Acceleration of Payment of Sums Secured. Lender may, at its option, require immediate payment in full of all Sums Secured by this Security Instrument if all or any part of the Property, or if arty right in the Property, is sold or transferred without Lender's prior written permission. Lender also may, at its option, require immediate payment in full if Borrower is not a natural Person and a beneficial interest in Borrower is sold or transferred without Lender's prior written permission. However, Lender shall not require immediate payment in full if this is prohibited by Federal Law in effect on the date of the Security Instrument. If Lender exercises the option to require immediate payment in full, Lender will give me notice of acceleration. if 1 fail to pay all Sums Secured by this Security Instrument immediately, Lender may then or thereafter invoke any remedies permitted by this Security Instrument without further notice to or demand on me. SD017M(2005.05-2) PA Page 13 (Page 14 of 20) Exception to Acceleration of Payment of Sums Secured. If the sale or transfer of all or any part of the Property, or of a beneficial interest in Borrower, if Borrower is not a natural Person, is the first one to occur after the date of this Security Instrument, Lender will not exercise the option to accelerate payment in full of all Sums Secured and the loan may be assumed if: (i) Lender receives a completed written application from transferee to evaluate the creditworthiness of transferee as if a new loan were being made to the transferee by Lender; (ii) Lender approves the creditworthiness of the transferee in writing; (iii) transferee makes a cash downpayment sufficient to meet Lender's then current underwriting standards; (iv) an assumption fee, in an amount to be determined by Lender(but not to exceed 11% of the then outstanding balance of Principal and interest under the Secured Notes at the time of sale or transfer of the Property or of the interest in the Borrower) is paid to Lender;and (v) the transferee executes an assumption agreement which is satisfactory to Lender. Such assumption agreement may provide, if required by Lender, that the transferee open a deposit account with lender or with a bank or other depository institution approved by Lender, to facilitate direct payments if direct payments are required in the Note. The loan may be assumed under Its then existing terms and conditions with one exception; the lifetime Rate Cap may be changed. The Lifetime Rate Cap shall be changed to an interest rate which is the sum of the interest rate in effect on the date of a sale or transfer of the Property or beneficial interest in Borrower plus 5 percentage points, if that sum exceeds the Lifetime Rate Cap stated in the Secured Notes. 27. RIGHTS OF THE LENDER IF THERE IS A BREACH OF DUTY It will be called a "Breach of Duty" if: () I do not.pay the full amount of each regularly scheduled payment on the date it is due; or (ii) I fail to perform any of my promises or agreements under the Note or this Security Instrument; or (iii) any statement made in my application for this loan was materially false or misleading or if any statement in my application for this loan was materially false or misleading by reason of my omission of certain facts; or(iv) I have made any other statement to Lender in connection with this loan that is materially false or misleading. If there is a Breach of Duty by me, Lender may demand an immediate payment of all Sums Secured. If there is a Breach of Duty by me, Lender may take action to have the Property sold under any applicable Federal Law, rule or regulation and,where Federal Law is not applicable, under the law of the state where the Property is located,which will be called the"Applicable Law." 50017N(2005-05-3) PA Page 14 r (Page 15 of 20) Lender does not have to give me notice of a Breach of Duty unless notice is required by Applicable Law. If Lender does not make a demand for full payment of the Sums Secured upon a Breach of Duty, Lender may make a demand for full payment of the Sums Secured upon any other Breach of Duty. If there is a Breach of Duty, Lender may also take action to have a receiver appointed under the Applicable Law to collect rents from any tenants on the Property and to manage the Property. The action to appoint a receiver may be taken without prior notice to me and regardless of the value of the Property. The sale of the Property may be postponed by or at the direction of Lender except as limited or prohibited by the Applicable Law. If the Property is sold under the Applicable Law, I agree that it may be sold in one parcel. I also agree that Lender may add to the amount that 1 owe to Lender all legal fees, costs, allowances, and disbursements incurred as a result of the action to sell the Property, except to the extent that the Applicable Law limits or prohibits any such charges. Lender will apply the proceeds from the sale of the Property in the following order: (A) to all fees, expenses and costs Incurred in connection with the sale, including but not limited to, attorneys' fees, if any; (B) to all Sums Secured by this Security Instrument; and (C) any excess to the Person or Persons legally entitled to it. 28, INTEREST RATE AFTER JUDGEMENT I agree that the interest rate payable after a judgement is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Secured Notes. 29. LENDER'S OBLIGATION TO DISCHARGE THIS SECURITY INSTRUMENT When Lender has been paid all of the amounts secured by this Security Instrument, Lender shall release or cancel this Security Instrument without charge to me except that I will pay any recordation costs. 30. STATEMENT OF OBLIGATION To the extent allowed by law, I will give Lender a fee for furnishing any statement of obligation with respect to this Security instrument or the Secured Notes. 31. PURCHASE MONEY MORTGAGE If any of my debt secured by this Security Instrument is lent to me to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. S00170(2005.05-3) PA Page 15 (Page 16 of 20) 32. ( x ) QUICK QUALIFYING LOAN PROGRAM I have qualified for this loan by making statements of fact which were relied upon by Lender to approve the loan rapidly. This loan is called a "Quick Qualifying Loan." I have stated and I confirm that: (A) I do not have any other Quick Qualifying Loans with Lender; (8) 1 have agreed to not further encumber the Property and do not intend to further encumber the Property for at least six months after the date of the Secured Notes and this Security Instrument; and (C) If I am purchasing the Property, all of the terms of the purchase agreement submitted to Lender are true and the entire down payment is cash from my own funds. If any of the statements of fact that I have made are materially false or misleading, 1 will be in default under the Secured Notes and this Security Instrument. If I am in such default, Lender may, at its option, increase the interest rate and margin subject to the Lifetime Rate Cap stated in the Secured Notes. 33. { X } OWNER OCCUPANCY Lender has relied upon statements of fact which I have made to qualify for this loan. I have stated and confirm that: (A) the Property is my personal and primary residence; (8) I will occupy the Property not later than 30 days after this Security Instrument is recorded; and (C) I will use the Property as my residence for at least 12 months from the date this Security Instrument is recorded. If any of the statements of fact that 1 have made are materially false or misleading, I will be in default under the Secured Notes and this Security Instrument, If I am in such default, Lender may, at its option, increase the interest rate and margin, subject to the Lifetime Rate Cap stated in the Secured Notes. ( X ) VALUE INDICATES THAT THE PARAGRAPH APPLIES. THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS. S0017P(2005-053) PA Page 16 P (Page 17 of 20) BY SIGNING BELOW, I accept and agree to the promises and agreements contained in this Security Instrument and in any rider(s)signed by me and recorded in proper official records. (PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW) BORROWER(S): (Seal) MARTIN MENAPACE (Seal) TRACI L MENAPACE HEREBY CERTIFY THE PRECISE ADDRESS OF THE WITHIN MORTGAGEE(LENDER)IS: WORLD SAVINGS, 4101 WISEMAN BOULEVARD, SAN ANTONIO,TX 78251 KENNETH AGUON ` ON BEHALF OF THE MORTGAGEE SIGPiATURE OF WORLD MORTGAGE OFFICER Mailing Address: 108 HARRISON DRIVE, NEW CUMBERLAND,PA 17070-1736 ATTACH INDIVIDUAL NOTARY ACKNOWLEDGEMENT TO THE "NOTARY ACKNOWLEDGEMENT PAGE"OF THIS DOCUMENT. I SD017(2004-03.1) Page 17 PA (DOS(2004-03-1)I I (Page 19 of 20) All that certain piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania,bounded and described as follows: Beginning at a point on the easterly line of Harrison Drive one hundred eighty(180) feet measured northwardly along said line from the northerly line of Harrison Drive and at the northerly line of Lot No. 10, Block"H"on the hereinafter mentioned Plan;thence northwardly along the easterly line of Harrison Drive by a curve to the left having a radius of two hundred ninety(290)feet,an arc distance of seventy(70) feet to a point; thence northeastwardly along the southerly line of Lot No. 12, Block "H" one hundred forty-one and twenty-eight one-hundredths(141.28)feet to a point;thence southeastwardly along the westerly line of Lots Nos. 4 and 5, Block "H",one hundred six and seventeen one-hundredths(106.17) feet to a point; thence westwardly along the northerly line of Lot No. 10, Block "H",one hundred fifty-four and sixteen one- hundredths(154.16)feet to the Place of Beginning. Being Lot No. 11, Block "H",on the Plan of Section 4, Drexesl Hills,said Plan being recorded in Plan Book 11, Page 11, Cumberland County Records. egal Description • (Page 20 of 20) ROBERT P. ZIEGLER RECORDER OF DEEDS • CUMBERLAND COUNTY 1 COURTHOUSE SQUARE = _ ' CARLISLE, PA 17013 = x 717-240-6370 4 Instrument Number-200740925 Recorded On 10/29/2007 At 10:48:34 AM *Total Pages-20 •Instrument Type-MORTGAGE Invoice Number-7596 User ID-KW *Mortgagor-MENAPACE,MARTIN x Mortgagee-WORLD SAVINGS BANK FSB *Customer-SUPREME SETTLEMENT SERVICES * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $41.50 RECO DER OF DEEDS AFFORDABLE HOUSING $11.50 This page is now part COUNTY ARCHIVES FEE $2.00 of this legal document, ROD ARCHIVES FEE $3.00 TOTAL PAID $68.50 I Certify this to be recorded in Cumberland County PA VCU r 9 ro c RECORDER O D EDS l 17bd *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. — - . .— - -—0008HO r w T. VERIFICATION Michael Reynosa ,hereby states that he/she is Vice President Loan Documentation of WELLS FARGO BANK,N.A.,plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. tcva ��"4-Q Name: Michael Reynosa Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: December 17,2014 086-PA-V2