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HomeMy WebLinkAbout06-0844Pluese, Becker & Saltzman, LLC Rob Saltzman, Esquire Attorney Identification No.: 53957 20000 Horizon Way, Stc 900 Mt. Laurel, N.1 08054 (856) 813-1700 Attorneys for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE 1100 Corporate Center Drive Raleigh, NC 27607 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. SUZETTE E. CHISMAR AND MICHAEL J. CHISMAR Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE ~oncE No~nrlA YOI: IIAA E B[IIN SCF.D IV COURT. IF YOU WISH TO DEFENU AGAINST THE CLAIMS SILT FORTH N THE FOLIA WIKO PAGES, VOC MCS 4'FAKE ACTION VVII'I IIN TWENTY (E01 UAVS AFTER THIS (I~MPLAINT AND NOTICE ARE SLRVF.q BV ENTERING A WRITTEN APPEARANCE PERSONALLY OR UV ATTORNEY ANDII LIKG THE WRITING WITII'FHE COURT YODR DEFENSE'S OR OBJECTIONS I'O'1'IILCLAIMS SET FORCH ACAMST YOU. VOU ARE WARNED THAT I F VOU FAIL TO DO SO THE CASE MAY PROCEED W ITHOUT YOL' AND A JUDGMENT MAV EL ENTHRED AGAINST YOU BV THE COURT WI'PIIOU"f FURTHER NQFICL POR ANV MONEY CLAIMED IN THE, COMPL,llNT OR I'OR ANV OTHER CLALM OR ItFLIFP REQUEStEU BY THE PLAINTIFF. YOU MAV IdISE MONEY Ok YkOPERTV OR OTHER RIGHTS IM PORTAN'C TO YOU. VOU SIIOCID TAKE THIS PAPLR'fO YOUR LAWYER ATOVCL' IF VOU DO NOT HAVE A I AWVER OR CANNOT AFFORD ONE, GOT TO OR TBLBPHONE THE OFFICE SET PORT I I Ig11A W TO FIND OUT W I IERH VOU CAN GET LEGAL HELP CUMBEk LAND COI; n'TV EAk ASSOCIATION 1 GEmiy Avaum Cadislc, PA I"111U 11800.990.910N LE IIAN UEMANDADO A USTED EN LACORT E. 51 LSTFp QU IBRE DEFENDERSE DE ESTAS DEMANDAS E%PUEST AS EK LAS VAGINAS SIGUIENI ES LS'TEL TIF,NE (20J DIAS DE PLAZO A YARTIk DF, LA FE('HA DE LA DEMANDA V lA NOTIFICACION. US'CED DEBF. VkESENTAR CNA APARIENCIA ESCRITA O E] PERSONA O POR ABOGADO Y ARCHI VAR EV LA CORI B SUS DEFENSAS O SI1S OEIECIONES A LAS DEMANDAS ENCONTRA DE SU VEIt50NA SEA AVISADC QUE SI USTED NO SE DEFIENDE, LA CORFE TOMARA MEDIDAS Y VUEDE ENTRAR UNA ORDEN CONTRA USTED SN PREYIO AVISO O N'O FIFICACION' C POR CUALQIER QUGJA 0 ALIVIO QUE ESPEDIDO EN LA PE'EICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS YROPIEDAUES O OTROS DERECI IOS IMPOkTANT ES PARR USTED. LLEVE ESTA DEMANDA A CN ABOGADO IM'vIEDIATAMF_N'CE SI NU'lIENE AROGADOOSINO TIENE EL UINLRO SCFICIEV'iE PARR PAGART AL SERVICIO. VAYA EK PERSONA O LLAME POR TELEFONO A LA OIBCINA CU VA DIk ECCION SE ENCUGNTRA ESCRITA ABAlO PARR AVERIGUAIt UONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL CUMBER LAUD COUNTY HAR ASSOCIA PION '_ Lihenv Avowc Cudlslc ~PA I]OIJ UNU0.')')OAlI1N CNIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: Deutsche Bank National Trust Company as Trustee 1 100 Corporate Center Drive Raleigh, NC 27607 2. Plaintiff is, or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: Finance America LLC. D/b/a FinAm, LLC (MFRS) 16802 Aston Street Irvine, CA 92606 3. (a) Defendants, Suzette E. Chismar and Michael J. Chismar are individuals whose last known address is 11 Louis Lane, Enola, PA 17025. (b) Defendants, Suzette E. Chismar and Michael J. Chismar, hold an interest in the subject property as mortgagors and record owners. (c) If any of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, persona] representatives and/or executors through their estate whether the estate is probated. 4. (a) The residential mortgage being foreclosed encumbers property located at 11 Louis Lane, Enola, PA 17025, County of Cumberland. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (b) Interest due and owing at the $2,348.13 rate of 9.300% calculated from the default date above stated through February 15,2006 Interest will continue to accrue at the per diem rate of $14.13 through the date on whichjudgment in rem is entered in Plaintiffs favor. (c) Attorneys' fees $1,250.00 (d) Escrow Advance $585.81 (e) Title Search $300.00 (I) Total Late Charges $117.38 (g) Recoverable Balance $108.80 TOTAL !N REM JUDGMENT SOUGHT BY PLAINTIFF $92,770.44 8. The attorneys' 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 or satisfied prior to the Sale, reasonable attorneys' fees will be charged. ~1~OT(CE REQU[RF.D BYTIIF, FAiR DEBT COLLECi'fUti PRACTICES ACT, (the act}, ]S U.S.C. SECTION 1ti0] AS A!~IE~DED To (he cx,ent the act may apply, please be advised of fhe follo~cmg~ 1 7~he amount of fhe original deb: is stated in paragraph one of the Corplaint atlach.d hereto. The Plaint tf raho is named in the auect:c.3 'Vuuce to Plead and Complaint is the Qednor io wh~~m the debt is o~1 ed. 3 The, debt Described in the Complaint a~tached hereto and crideoced h}~ the copy oC the mortgatienote will be asumed to be valid by the CreDuor's yaw unn, unless iLe Debtor(s), ~~ithm thirty days after recc~pt or this notice, dispu'.e;. in ~~riting. the validn~. of!he debt or,omc potion (hereof. d ITlia~ Dchtor r,otines the Creditor's law Ilan n; wntino ~+ilhin thirty da~~s of the receipt of this nonce fha! the deb(c r an,: portion !hereoCis disputed. the Creditor's la~,ti firm acill obtain v"iilcatiun o(the debt and 'a copy oft},: ceriilca!ion ~ni; be mailed to the Debtor by the Creditor's la~.~ (rm I;the Cre~3rtor ~~ho is named as Plaintiff ;n the attached \buoe io Plead and Compia~nt a no( rile oiieinal creditor, and if the Debtor m~~kes ~s~ri:(en requcs( to the C~cditor's law firnt ~~ ithin twenty t~':ij da~~s Born the receipt o(thi; Nrnice, the nai»e a~~d ad~!ress of the original Crcil;tor cell! be mmle~', to the Debtor by the Creditor's law time. 6_ ~'`'fIII2 fl re C~..@St ifl(H;~i1, hC 8(j ~recce~i [Q Plllrca RaC~; ei ~ ~3~.Z1'I Bf, i~~ ~~~il ~~,'~ 110rit G17 ~'~~a~c, Swtc !JUG, ~~4t Laurel, 'v7 0&0~4. Attention Rob Saltzman, Esquire VERIFICATION I, .~e~11 A ~nfl~'.t'l,~ , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this Verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsw6~faIsti tc 'on to the authorities. ~i Date: I ~~ ~ ~ ~~'rC1 - I~7ame: r '(~ :'`Title: ~: ' ~ reS~ ~' P Current Owner Search Page 3 of 3 DESCRIPTION ALL THAT CERTAIN piece, parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the Southeasterly side of Louis Lane (South), 60 feet wide, which point is measured the two following courses and distances from a point of intersection with the Northeasterly side of Altoona Avenue (Legislative Route No. 21052); (1) extending from said point of intersection on a line curving to the right having a radius of 105.00 feet the arc distance of 56.81 fee[ to a point of tangent; and (2) North 74 degrees 59 minutes East 638.19 feet to the point and place of Beginning; thence extending from said beginning point along the said Southeasterly side of Louis Lane (South), North 74 degrees 59 minutes East 65 feet to a point; thence extending South 15 degrees 1 minute East 105.00 feet to a point; thence extending South 74 degrees 59 minutes West 65 feet to a point; thence extending North 15 degrees, 1 minute West, 105.00 feet to a point on the Southeasterly side of Louis Lane (South) the first mentioned point and place of Beginning. BEING Lo[ No. 11 as shown on Plan of East Pennsboro Village, recorded in Cumberland County in Plan Book 9, Page 16. UNDER AND SUBJECT to restrictions and conditions as now appear of record. Being Parcel No. 09-13-1002-131 ~x ~tk I~.~. ~~ Prepared By: Karen Cornell Return'fo:F'inance America, LLG, dba F'ir1Am 16802 Aston Street P.O. BOX 16637 Lrvine, CA 92606 Irvine, Ca. 92623-6637 Parcel Number: 09 -13 -1002 -131 -- (Space Above Phis Line For Recording Dala] MORTGAGE MIN 100052300401183669 DEFINITIONS Words used in multiple sections of [his document ere defined below and other words are defined in Sections 3, l 1, 13, 18, 20 and 21. Certain rules regarding [he usage of words used in this document aze also provided in Section 16. (A) "Security Instrument" meanslhis document, which is dated APRIL 07 , 2004 together with all Riders to [his document. (B) "Borrower" is SUZETTE E. CHISMAR AND MICHAEL J. CHISMAR Borrower is the mortgagor under this Security ]nstntment. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under [his Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint Mf 48501-2026, tel. (888) 679-MFRS. PENNSYLVANIA -Single Family(((- ~~Fan{{{n(e /M,a~e-/-F{Q~reddte Mac UNIFORM INSTRUMENT WITH MFRS Form 3039 7101 P~®6 AIPAIIOZOe1 i~reeb~M/ ~_ ~IIII II~II I~I ~IIII ~~IIIIIIIIIII II~IIIIIIII (III II ~II II VMP MORTGAGE fOPMS ~ 1600153P er 03?.2033176Uh!G X1 315 PAAA LOAN ID: 0040118366 ~x~~~ 0n;' ~206a '05:5° Prepared 8r Kazen Cornell L6802 0.s cost Street Itvine, CA 92606 Parcel Number' D9.13-1002-131 N0 492 -'003 - .,,.:f ,.--. ,... wi3 ti111G seed COIT2Cf C+O~t Of lflm original d4C~i212(11~ _ CC ~--" RUUrn Tn: Fl nene6 America, LLC, dba FSnAm 0. 80 37 1 ~i .926 -6637 sore of Finance America, 1.LC do hereby certify that thla Is a true, correct, and complete Dopy of 2ho original. 16FYn Abme Tldt l,ae Fur Re<ordinA 7hV] MORTGAGE MIN 100052300401183669 DBFTNITTON$ Words used in multiple sections of this document ace defined below and other words are de5ncd in Sections 3, l 1, 13, 18, 20 and 2L Certain tales rtgnrding the uxnge of words uu:d in this document are also provided in SeUion 16. (ep "Securiy Instrument" means this docwnrn4 Which is dated APRIL OJ, 2004 together with all Riders to tk is document (B) "Borrower` is - SUZETTL+ E. CHIStMR AND MICHAEL J_ CHISHAR Borrower is the mortgagor order this Security Instnnnenl. (C) "HERS' u MortgageEleUronicRegistration$yltsTns, Inc. MFRSu auparetecocporatioathatis azting anlelq ag a nominee for !,ender and Lender's sunceasors and assigns. HERS Is the mortgagee wader this 5ecuriry Insrnment. MFRS is organizedand dtdsting order the!aws of Delaware, and has an address sad telephone number of PA. Boz 2026, flint MI 48501-2026, tel. (888) 679~M6R5. PpINSytVAWA - ulna!' F•mny ~ FennL MulFreddi. M.c UNICngM INSTgOMFNT WITH Maas Form lose 1101 {~® BAIPAI loaom t I ' ry +.ne itiedr. 1_L ~t vm.rnonra.cr+onvu~ ieaeAnare~ ppgA ]AAN ID: 0040118366 ~ ~ (D)"LenAer" is Finance America, LLtf, dba Fitulm, LLC Lender isa Limited Liability Company organized and existing under the laws of Delaware Lendeis address is 16802 Aston Street Irvine, CA 92606 (E}"IYote" meansthe promissory note signed by Bnrrowerand dated APRIL 07, 2004 The Note states that Borrower owes Lender EIGHTY-NINE THOUSAND SIX HUNDRED AND NO/100 Dollars (U.S. S R9 , 600.OD )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MAY Ol, 2034 (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 prepaymentcharges and Taft charges due under the Note, and all sums due under [his Security instrument, plus interest. (A) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are [o be executed by Borrower (check box as applicable: ®Adjus[able Rate Rider ~ Condominium Rider ~ Second Hnme Rider ^^ Balloon Rider ^ Planned Unit Development Ride 1.4 Family Rider VA Rider ~ Biweekly Payment Rider ~ Other(s) (spccifyJ Legal Desc. XX Prepayment Rider (1) 'Applicable LnW' means all controlling applicable federal, state and local statutes, regulations, ordinanru and administrative rules and orders (that have [be effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Assodatlan Dues, Fees, and Assessments" means aU dues, fees, assessments and other charges that aze imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (!n "Electronic Funds Travsfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper ivstrumen[, which is initiated through an electronic terminal, telephonic insbument, wmputer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit av account. Such term includes, but is not limited to, point-of-sale hansfers, automated[eller machine hansadions, ransfers initiated by [olephove, wire transfers, and antomaled clearinghouse transfers. (L) "Escrow Items" means those items that are dcscribed N Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third pazty (other than insurav<eproceedspaid under the coverages desuibed in Secion 5) far: (i) damage to, or destruction of, the Property; (ii) condemnation or othu taking of aft or any part of the Property; (iu) conveyance in heu of condemnation; or (iv) misrepresenlationsof, or omissions as to, the value and/or condition of the Property. (N)'Mor[gage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan (O) "Periodic Payment` means Nrt regularly scheduled amount due for (i) principal and interest llnder the Note, plus (u) any amounts nnde Sechnn ? of this $eenrih instrument. ®6AIPAI ~o1au vp, ."i ~s ( Form 3039 ilni PAAB I,gAN ID:~004011 8 3 6fj,. (P) "RESPA' means [he Real Fs[ate Settlement Procedures ACt (12 U.S.C. Section 2601 el seq.) and its unplementing mgula[ion, Regulation X (24 C.F.R. Par[ 3500), as they might be amended from time to time, or any addshonal or successor legislation or regulation [hat governs (he samesubjed matter. As used in this Securty Insrument, "RESPA" refers to all requirementsand restrictions that are imposed in regard to a "federally related mortgage loan" even if the Lnan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor In Interest of Borrower' means any party [hat has taken title [o the Property, whether or not that party has assumed Borrower's obligations under the Nnte and/or [his Security Instrument. TRANSFER OF RIGHTS W THE PROPERTY This Security Ins[rumentsecures to Lender: (i) the repayment of the Loan, and aB renewals, extensions and modifications of tht Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrumentaad the Notc. For [his purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lertder's successors and assigns) and to the successors and assigns of MER$, the following described properly located in [he COU[J'DY fryPc of RccoNing ruriseiaion] of CUMBERLAND (Name of R"carding Jurisdinlon]: LECAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which cutteu[ty has the address of 11 LOUIS LANE (streaj ENOLA laryl, PeMSylvania 17025-2125 Iz~P COdeI ("Property Address"): 11 LOUIS LANE, ENOLA, PA 1 702 5-212 5 TOGETHER \iRTII all the improvements now or hercaNW ertUed on the property, and all casements, appurtenanms, and fixtures now or hereafter a part of the property, All replacements and additions sSrall also be covered by this Security IrtstrumenL All of the foregoingg is referred to in this Security Ins[ument as [he "Property." Borrower understands and agrees that MERSholds only legal title to the interests antedby Borrower m this Security instrument, but, if necessary to comply with law or custom, MERS~as nominee for Leader and Lender's successors and assi~~s) has the righC [o exercise any or a6 of those interests, including, but not limited to, the right to foreclose and sell the Properly; and to take any action required of I-ender including, but not limited to, releasing and canceling (hi: Security Instrument. / ~ / /~./l~ INHY~~^ ~~6AfPAl miner oy. aor re i Form 30139 1101 m PAAC LOAN ID: 0040118366 ~ ~ BORROWERCOVENANTS [ha[ Borrower is lawfully seised of [he estate hereby co¢veyed and has the right to mortgage, grant and convey the Property and [het the Property is unencumbered, except for encumbrancesof record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any enenmbrancts ofrecord. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a nniform secorily instrument covering real property. UNIFORMCO VENANTS. Borrower and Lcnder covenam and agree as follows: I. Payment of Principal, Interest, Escrow 1[ems, Prepayment Charges, and Late Charges. Borrower shall pay when due [he principal of, and interest on, the deb[ evidenced by the Note and any prepaymentcharges and late charges due under [he Note. Borrowtt shall also pay Funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrumen[shall be made in U.S. currency. However, if any check or other iastrumentreceived by Lender as payment under the Note or this Security lnstrumen<is returned to Lender unpaid, Lender may requia [ha[ any or all subseyuentpaymen(s due under the No[e and this Security Instrumen[be made in o¢e or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treaswer's check or cashier s check, provided any such check B drawn upon an institution whose deposits are insured by a federal agency, inshumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemedreceived by Lender when received at [he location designated in [he Note or at such other location as may be dcsignatedby Lender in accordancewith the notice provisions in Section 15. Lender may return any payment or paztial payment if the payment or partial payments are insufficient [o bring the Loaa cuttent. Lender may acceyl any payment or partial payment insufficent ro bring the Loan current, without waiver of any rights hercunderor prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Isnder may hold such unapplied funds until Borrowermakts payment to bring the Loan current. [f Borrower does not do so within a reasonableperiod of time, Lender shall either apply such funds or returnthem to Bonower.lf not applied earlier, such funds will be applied to the outstanding principal balance under [he No[e immediately prior to foreclosure. No offset or claim which Borrower might have now or in the (afore against Lender shall relieve Borrower form making payments due under [be Note and this Security Instrume¢lor performing the covenants and agreeme¢lssecuredby this Security Ins(nlment. 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 clot under the Note; (b) princpal due under the No[e; (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 Cost to late chazgw, second to any other amounts due under [his Security Instrument, and then [o reduce the principal balance of the No[e. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, [be payment may be applied lu the delinquent payment and the late chazge. If more than one Periodic Payment is outstanding, Lendermay apply any payment received hour Borrower to the mpapmcnt of fF.e Periodic Paywcnts if, and to the extent that, ear} paymeui vnm. -6AIFA1 mxoei vay. a,ne ~ Form 3039 1101 PAAD LOAN ID: 0040118966 ~ ~ can he paid in full. To the e#ent [hat any excess exists after the payment is applied lv the toll payment of one or more Periodic Payments, such excess may be applied [o any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the No[e. Any application of payments, instvance proceeds, or Miscellaneous Proceeds to principal due under the Nvte shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Bor[owcr shall pay [o Lender on the day Periodic Payments are due under the Nott, until the Note is paid in full, a sum (the "Funds") to provide Ior payment of amountsdue tor: (a) taxes and assessments and other items which can attain priority over this Security Inslrumentas a lien or encumbzancton [he 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 "Esuow Items" At origination or al any lime during [hc Icrm of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, it any, he esuowed by Borrower, and such dues, fees and assessments shall be an Esuow Item. B¢nower 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 Lenderwaives Borrower's oblige[iov to pay the F\lnds for any or all Escrow Items. Lender may waive Borrower's obligation to pay [o Leader Funds for any or all Esuow Items at any time. Any such waiver may only be in writing. In [he even[ of such waiver, Borrower shall pay directly, when and where payahle, the amounts due fox any Escrow Items for which payment of funds bas beenwaived by Lender and, if Lenderrequires, shall furnish to Lender sceipts evidenung such payment within such time period as Lender may requme. Borrower's obliga[iov to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreeme¢tcontainedi¢ this Security Instrnment, as [he phrase"covenant avd agreement" is used in Seaiov 9. I( Borrower is obligated [o pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for ao Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 [o repay to Lender any such amount Leader may revoke the waiver as to any or all Escrow 1[ems a[ any time by a notice given in accordance with Section LS and, upon such revowtinn, Borrower shag pay to Lender all Funds, and in such amounts, that am [hen requved under this Section 3. Lendermay, at any time, collect and hold flmds in an amount (a) sufficient [o permit Lender[oopply [hc Funds al the time spedfied under RESPA, and (b) no[ to exceed [he maldmum amount a lender cav require under RESPA. Lender shall estimate the amount of Funds due on the basis of cu¢ent data and reasonable estimates of expenditures of future Esuow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an hlstitmion whose deposits aze insured by a federal agency, instrumentality, or entity (including Lender, if Lenderis an institution whose deposits azeso insured)or io any Federal HomeLoan Bank. Lender shall apply [he funds to pay the Esuow Items no later Than the time specified under RESPA. Lender shall not charg< Borrower for holding and applying the Rmds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lenderpays Borrower interes[on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreementis madein writing or Applicable Law roquires interest to he paid on the funds, Lendershall not be required [o pay 8onower any interut m earnings on the Funds. Borrower and Lender can agree in writing; however, that interest ,~,.. urQ -fiAIPA~~oroe, Fqa err to ~ Form 3039 1/01 PARE LOAN ID' 0040118366 shall be paid on the Funds. Lender shall give to Bortower, without charge, an annual accounting of the Funds as required by BESPA. If there is a surplus of Funds held in esaow, as defined under RESPA, Lender shall account Io Borrower for the excess funds in accordancewilh RESPA. I(fhereis a shortage of Funds held in escrow, as defined under RESPA, Lender shah ¢otify Borrower as required by RESPA, and Borrower shah pay to Itnder the amount necessary [o make up the shortage in accordancewi[h RESPA, but in no more than 12 monthly payments. If [here is a deficiency oC hWnds held in escrow, as defined under RESPA, Lender shah ratify Borrower as required by RESPA, and Borrowez shall pay to Lender the amount necessary ro make up the defitienry in accordance with RESPA, but in no more than 12 monthly payments. Upov payment i¢ fuG of all sums securedby this Security Instrvment, Lender shall promptly ¢fund to Borrower any Flrnds held by Lendet. 4. Charges; Liens. Borrower sha]l pay all taxes, assessments, charges, fines, and impositions atuibutable[o the Propexry which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and CommunityAssociation Dues, Fces, and Assessments, if any. To the extent that (hest items arc Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly dischazge any lien which has priority over this Secmity lvstrumenl unless Borrower (a) agrees in writing to the payment of the obligation securedby [he lien in a manner acceptable to Ltndeq but only so long as Borrower is performing such agreemenq (b) contests [he lien in good catch by, or defends against enforcementof the Gen iv, legal proceedings which in Lender's opinion operate to prevent the tnforument of the lien while those proceedings aze pending, but only until such proceedings arc covduded; or (c) secures from the holder of the Gen an agreementsatisfactory to Lender subordinating [be Gen [o thu Security Instrument. Sf Lendez delermives[hat any part of the Property is snbjed to a lien whiff can attain priority over this Security Instrument, Lender racy give Borrower a notice identifying the lien. Within 10 days of the date on Which that notice is given, Borrower shall satisfy the tiro or take one or more of the actions set forth about in [his Section 4. bender may require Borrowez ropay a one-time charge for a real estate tax verification and/or reporting service used by Lendez in wmec[ion with this f.oan. S. Property Insurance. Borrower shall keep the improvements now existing or hereaftererected on the Propertyinsured against loss by fire, hazards included within the term'exte¢ded coverage;' and any other hazards including, but not limited to, earthquakesand Boods, for which Lender requires insurance. This ivsuraact shall be maintained in the amounts (including deductible levels) and for the periods that Linder requires. What Lender requires pursuant [o the preceding sentences ca¢ change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Levder's right to disapprove Borrower's rLoice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, m commedien with this Loan, either (a) a one-time charge For Bood zone determination, cer[fication and tracking services; or (b) a one-time charge [or flood zone determination and certification services and subsequent charges each time remappiugs m similar changes occur which reasonably might affect such determination or cer[ificatiou. Borrower shall also be responsble for (he payment of any fees imposed by the Federal Emergency ManagemevtAgency in conneceion with the review of any Bood zone determination rosulting from an objection by Borrower. Iy,iY ti~~ -6AIPAl meosl Pye,r ,s ~ Form 3039 1101 m PAAF LOAN ID: 0040118366 ~ r If Borrower fails to maintain any of the coverages described above, Lender may oMain 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, Bach coverage shall cover Lender, but might or might not protect Horroweq Bortower's equity in the Property, or the contents of [he Property, against any risk, hazard or liabitry and might provide greater or lesser coverage Than was previously in effect. Borrower acknowledges [het the cost of the insurance coverage so obtained might significantly exceed the cost of insurance [hat Borrower could have obtained. Any amounts disbursed by Lender under this Se<[ion 5 shall become additional debt of Borrower secured by this Security lns[rument. These amountsshall bear interest at the Notc rate from the date of disbursementand 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 [o Lendei s right [o disapprove such policies, shall include a standard mortgage clause, and shat name Lender as mortgageeand/oral an additional loss payee. Lender shall have [he right to hold the policies and renewal ccr[ificates. If Lender requires, Borrower shall promptly give [o Lender all receipts ¢f paid premiumsand renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destructio¢ of, the Property, such policy shall include a standazdmortgage clause and shall name Lcndcr as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to [be insurance carrier and Lender. Lender may make proo(oF loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, avy insurance proceeds, whether ar not [be underlyirtg insurance was requiredby Lender, shall be applied to res[oratio¢or repair of the Property, J [he reslorationor ropair is economically feasible and Lender's security is not lessened. During such repair and res[ora[ionperiod, Lender shall have Che right In hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure [he work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lendermay 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 agrecmentis 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 of eazaings 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 [terestoration or repay is not economically feasible or Lender's security would be lessened, [he insurance procecda shall be applied to the sums secured by [his Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Smh insnrance proceedsahall be applied in the orderpcovided for in Section 2. if Borrower abandons the Property, Lender may file, negotiate and settle auy available insurance claim and relatedmatters. If Borrower does not respond within 30 days to a notice hour Lender that [he insurance carrier has offered [o settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when Ire notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrowers rights to any insnrance proacdsm an amoun[no[ ro exceed the amoun[sunpaid under the Noh or this Security Instrvment, and (b) any other of Borsower's rights (otter than the right to any refund of unearned premilnns paid by Borrower) under all insurance potties covering the Properly, insofar as such rights are applicable to the coverage oRhe Property. Lendermay use the insurance proceeds either to repair or restore rte Property or Iu pay ama,:nL^ unpaid nnder Ire *!ote or this Secu:i[y Inswmen[, whether or no! then due. /. ~/~ 1 i~:u r -641PNI mroei v.e. coon ~ Form 3039 1101 PAAG LOAN ID. 0040118366 r 6. Uccupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the ezecu[ion of this Seauily lnstrument and stall continue to occupy the Properly as Borrowei s prinupal residence for at leas[ one year aRer the da[t of occupancy, unless Lender otherwise agrees in writing, which consent shall ¢ol be unreasonably withheld, or unless extenuating circumstances ens[ which aze beyond Borrower's control. 7. Preservation, Maintenance end Protection of the Propertyi inspections. Borrower shah not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste o¢ the Property. Whether or not Borrower is residing in the Propttty, Borrower shall maintain [he Property in order [o 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 no[ economically feasible, Borrower shall promptly repair the Property $ damaged to avoid further deterioration or damage. I( insurance or condemna[ionproceedsarc paid in connexion with damage ta, or the taking of, the Property, Borrower shall be responsible For repairing or restoring the Property only if Leader Las released proceeds for such purpose. Lendermay disburse proceedsfor the repairs and resloratioain a single payment oz i¢ a series of progress payments as the work is completed. If [he insurance or condemnationproceedsarc not sufficient to repair or restore the Proputy, $ovower is not relieved of Borrower's obligation for the completion of such repair or ruloratioa. ' Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonablecause, Lender may inspect the interior of the improvements on the Property. Lender shag give Borrower entice a[ the tuna of or prior [o such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Applies@on. Borrower shall be in default if, during ILe Loaa application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge ru consent gave mamrialiy false, misleading, or inaccumteintmmation or s[atementsto Lender (or failed to provide Lender w1tL material information) iv conncclion witL the Loan. Material represen[ationsinclude, but are not limited to, representations<oncerviag Borzower's occupancy of [he Proputy es Borrower's principal residence. 9. Protection o[ Lender's Interest in the Property end Rights Under tLi9 Security Instrument If (a)Barrowerfails to perform the covenants and agraemen[scontainedin This Security instrument, (b) there is a legal proceeding that might significantly affect Lender's in[uest in the Propertyand/orrights under this Security Ins[rument(sucL as a proceeding in bankrnp[cy, probate, for condemnationor forfeiture, for enforcement o(a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Proputy and rights under this Security Instrument. including protectingand/or assessing the value o£ the Property, and securing and/orrepauiag the Property. Lender's actions can include, but are not limited to: (a) paying any sums severed by a lien which has priority over this Security Instrument (b) appearing in court and (c} paying reasonable attorneys' fees to protect its inmrest in the Property and/orrights untlerthis Secluity Instrument, including its secured position is a ban}auptcy proceeding. Securing [Le Property includes, but is not limited to, enteringlhe Property to make ropairs, change locks, replace or board up doors and windows, drain watu from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Al[LougL Lendermay take action under this Section 9, Leader dove not have to do so and is not under any duty or obligation to do so. It is agreed [hat Lender incurs no liability For not taking any or all actions authorized under this Section 9. .a.~. Mfg -6AIPFl wrasi vyvam ,e ~ Foim 3039 t/Ol m PAAH IRAN [D; 0040118366 • M Any amounts disbursed by Lender under this $e Rion 9 shall become additional debt of Borrower secured by [his Security Instrument. These amounts shall bear merest a[ the No[e rate Gom 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 [he lease. If Bortower acquires fee file [o [be Property, the leasehold and the fee tide shall not merge unless Lcndcr agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a cmdition of making the Loan, Borrowershal! pay [he premiumsrequiredto main[ainthe Mortgage [nsurancein e[fed. If, far any reason, the Mortgage Insurance coverage required by Lender ceases to he available from the mortgage insurer [hat previously provided such insurance and Borrower was required to make separately desiglated payments toward the premiums for Mortgage Insurance, Borrower shall pay [he premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cos[ to Borrower of the Mortgage Insurance previously iv effect, from an allemate mortgage ivsurez selected by Lender. If substantially equivalent Mortgage ]nsurance coverage is not available, Borrower shall continue [o pay to Lender the amount oC the separately designated paymevts that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, noewi[hstavdingrhe fad that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lcndcr can no longer requ've loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lenderregvires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender roqu¢es separatelydesignatedpaymen[s towatdthe premiums for Mortgage Insurance. [f Lender requvedMorlgage Insurazue as a condition of making the Lelan and Borrower was required to make separately designated payments toward [he premiums for Mortgage Insurance, Borrower shall pay the premiums requved to maintain Mortgage Insuance in effect, or [o provide anon-refundable Inss reserve, unlB Lender's requirement[or Mortgage Insurance ends in accordanccwith any written agreementbe[ween Borrower and Lender providing for such [erminationor until Ierminationis requiredby Apphcab4 Law. Nothing in this Section 10 affects Borrower's obligaliov to pay interest a[ the rate provided in the Note. Mortgage ]nsmance reimburses Lender (or any entity that purchases the No[e) for certain losses it may incur if Borrower does vot repay the Loan as agreed. Borrower is vol a party [o [he Mortgage Insurance. Mortgage insurers evaluate then total risk on all such insurance in force from time to time, and may enter into agreemen4twi[h other parties that share or modify [heir risk, or ceducelosses. These agreements arc on terms and condifions that are sa[isfaUOry to [he mortgage insurer and the other party (or parties) to these agreemeats.Thcse agreemen[smay require [he morlgagcinsurer to make payrents 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 purchaserof the Note, another insurer, any roinsurey any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, oz reducing losses. If such agremnen[ provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of [he premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further' (a) My such agreements will not affect the amounts that Borrower has agreed to pay [or Mortgage [nsntance, of any other terms of the Loan. Such agreements will aol increase the amount Borrower will owe Cor Mortgage Ivsunnce, and they will not entitle Borrower [o any refund. -a41PA7 moav ry.c=ne C'-J Form 3o39 1/ol 0 PAAI LOAN ID'. 0040118366 ~ ~ (h) Any such agreements will not affect the rights Burrower has - if any -with respect to the Mortgage Insurance under the liomeolmers Protection Act o[ 1998 or any other law. These rights may include [he right m receive certain disclosures, to request and nbtaln cancflladon of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/nr to receive a refund uJ any Mortgage Insurance premiums that were unearned al the lime of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby azsigncd to and shall be paid to lxndcr. If [he Property is damaged, ouch Miscellaneous Proceeds shall be applied to restorationor repair of the Property, i( the restoration or repair is economically feasible and Lender's security is no[ lessened. During such repair and reslora[ionperiod, Lender shall have the right to hold such Miscd(ancous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertakenpromptly. Lendermay pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreementis made in writing or Applicable Law requires interut t0 be paid on such Miscelaneous Proceeds, Linder shall no[ be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If [he ru[orationor repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Promedsshall he applied [o the sums securedby this Security Instrument, whether or not [hen due, with [he excess, if any, paid [o Borrower. Such Miscellaneous Proceeds shall be applied iu the order provided for in Section Z. In the evens oC a total taking, destruction, or lass in value of the Property, the Miscellaneous Proceeds shall be applied [o the sums securedby this Security InsVUmcnt, whether or not then due, with the excess, it any, paid to Borrower, In the event of a partial taking, destruction, or loss in value of the Property in which the fau marks[ value of the Property uomediately hefore the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Secwity Instrumen[immediately before the partial taking, destruction, or sou in value, unless Borrower and Lender otherwise agree in writing, the sums secured by [his Security Instrument shag be reduced by [he amount of [he Miscellaneous Proceeds multiplied by the Following haction: (a) the total amount of the sums Secured immediately before the partial taking, destruction, or loss in value divided by (b) the (air market value of the Property immediately before the partial taking, destruction, or loss in values Any balance shall be paid to Borrower. In the event of a partial taking, destroc[ion, nr loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or foss is value is less than [be amount of the sums secured immediately before the yarfiai taking, destruction, or loss in value, uriless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shag he applied to the sums securedby this Security Instrument whether or no[ the sums are [hen due. if [he Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in [be next sentence)offers to make an award to settle a claim for damages, Borrowerfails to respond[o Lender within 30 days aNer the date [he 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 securedby this Security lus[rument,whether or not then due. "Opposing Pa[t}" means the third party that owes Bors6wer Miscellaneous Proceeds or the party against whom Borrower has a right of action in regazd to Miscellaneous Proceeds. BOITOwer shall be in default if any action or proceeding, whether avi] or criminal, is begun that, in Lender's judgment, could moult in forfeiture of the Property or other material impairment of Lender's interest in [he Property or rights under this Security Insrument. Borrower can cure such a default and, if acrlc: ationhas occurred, reivstare ax nrovided in Section 19, by causing the action or prottedingto be -6AIPAl loans, ape ,a m,e (~ Form 3039 1101 m PAAJ LOAN ID. 0040118366 ~ ~ dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Properly or other material impairment of Lendei s interest in the Properly or rights under this Security Instrument The proceeds of any award or claim for damages that are attribntableto the impairmen[of Lender's interest in Che Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied m [he order provided for in Section 2. 12. Borrower Nat Released; Forbearance By Lender Not a Waiver. Fx(ension crf [he time for payment or modification of amortizationof the sums securedby this Security [nstrumentgranted by Lender to Borrower or any Successor in Interest of Borrower shall no[ operateto release the liability of Borrower or soy Successors in Interest of Borrower. Lender shall not be required to commeacepro<eedings against any Successor in Interest of Borrower or to refuse to extend time for payment nr otherwise modify amortizationof the sums securedby this Security Insttnmcnlby reasono(aay demandmadeby [he original Bovower or any Successors is Interest o(Borrower. Aay (orbearanceby Leader 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 amountsless than the amount(hendue, shall no( he a waiver of or prelude [he exercise of any right or remedy. 13. Joint end Several Liability; Co-signers; Successm~s and Assigns Bound. Borrower covenants and agrees that Borrower's obligations sad liability shall btjoinl and several. However, any Borrowerwho co-sigvs this Security Instrument but does not execole the Note (a "co-signer ): (e) is cosigning this Security Instrumentovly to mortgage, grant and convey the co-signer's interest in [he property under the terms of this Secmiy Instrument ro) is not personally obligated [o pay the sums securedby this Security Instrument and (c) agrees that Lender and any other Borrower can agree [o extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Noce without [he co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under [his Security Instrumentin writing, and is approved by Lender, shall obtain all of Borrower's rights avd benefits under this Security ]nshumeat. Borrower shall not be released from Borrower's obligations sad liability under this Security Instrumwtunless Lenderagrees to such releazein writing. The covenants and agreements of this Security Instrument shell bind (except as provided in Section 20) and benefit the successors sad assigns of Lender. 14, Loan Charges. Leader may charge Borrower fees for servirrs performed in connection with Borrower's default, for the purpose of protecting Lettdei s interest m the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regardm any other tees, the ahsence of express authority in this Security [nstrumentto charge a speck fee Co Bortower shall no[ be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly Prohibited by [his Security Instrument or by Applicable Law. If the Loan is subfed to a law which sets maximum loan charges, sad [hatlaw is finally interpretedso !Flat the interest or other loan rhazges collected or to be collected in connection with the Loaa exceed the permitledlimils, then: (a} any such loan charge shall be reduced b4 the amoun! necessary to reduce the chazge to the permittedlimit and (b) any sums already collected @om Bortowerwhich exceeded permitted limits will be refunded to Borrower. Leader may choose to make [his refund by redudag the princpal awed wader the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be heated as a pazfia] prepayment without any prepayment charge (whether or sot a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by duet! payment [o Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notirea given by Burrower or Lender in connection with [his Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrumenlshall be deemed[o Pili.4 ~ ~~ ~6AIPA) ~omn ey. ~ r a, , e Form 3n39 1/nr PARK LOAN i6: 0040118366 i • 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 auy one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Bwmwer bas designated a substitute notice address by notice [o Lender. Borrower shall promptly notify Lender of Bonowei s change of address. If Lender specifies a procedure for regaling Borrower's change of address, [hen Borrower shall only report a change of address through that specified procedure. There may be onty one designated notice address under this Security Instrument at any one time. Any notice [o Lender shall be given by delivering it or by mailing it by first class mail to header's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in co¢necdonwith [his Security Instrument shall nut be deemed [o have been given [o Lender until actually received by Leader. If any notice required by [his Security Instrument is also requiad under Applicable Law, [he Applicable Law requirement will salisty the corresponding requirement under [his Security Instrument. 16. Governing Law; Severahility; Rules of ConstrncfSon. This Security Instrument shall be governed by federal law and [hc law of the jurisdiction in which the Property is located. All rights soil obligations contained in this Security Instrument are subject [o any requirements and limitations of Applicable Law. Applicable Law might expliutly or implicitly allow the parties to agree by contractor it might be silent, but such silence shall mt be construed as a prohibition against agreementby contract. In the event that any provision or clause of [his Security Instrument or the Note confhds with Applicable Law, such conllid shag not affect other provisions of this Secnrity Instrument or the Note which can be wen effect without [be conflicting provision. As used m [his Security Instrument (a words of the masculine gendtt shall mean and include corresponding neuter words or words of the eminine gender; (b) words w llm 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. Bortower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of [he Property or n Beneficial Interest iv Borrower. As used in this Section 18, "Interest in the Property' means any legal or beneficial interes[in the Properly, including, but not limited to, (hose benefical interests travsCerredin abond for deed, wnhad for deed, installment sales mntrad or esvow agreement, the intent of which is the transfer of title by Borrower a[ a future date [o a purchaser. If all or any part of [be Property or any Interestiv the Propertyis sold or hans(ened(or if Borrower is not a naturalperson and a beneficial interest in Borroweru sold or transfvred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security lnstrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender cxerdses this option, Lender shall give Borrower noliw of acceleration. The notice shall provide a period of no[ less than 30 days from the date the notice is given in accordancewith Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails [o pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or dcmavd on Borrower, 19. Borrower's Right to Reinstate After Acceleretlon, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of [his Security Cnslrumen[ discontinued at any time prim to [he eazliest of: (a) five days before sale of the Property pursua¢[to any p¢wcr of sale containedin this Security Instrument; (b) wch other period as Applicable Law might specify for the termination of Horrower's right t¢ reinstate; of (c) entry of a judgment enforcing this Security lnstrumenL Those conditions are [ha[ Borrower: (a) pays Lender all sums which than would be due under this Security [nsL~_mentand the Note as $ ae a¢eleratinnhad occnned; (b) cures any dofa!dt of any other covenants or ixru.i~ ~Lt~~ ~~aA1PAl wzon .a.,a=r ,e ) form 3039 1101 m PAAL LOAN ID: 0040118366 ~ • agreements; (c) pays all expenses incurred in enforcing This Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's intern[ in [he Property and rights under this Security Instrument; and (d) lake such action as Lender may reasonably require to assure that Lendei s interest in [he Property and rights under this Security Instrument, and Borrower's obligation to pay the sums sccured by this Security Instrument, shall cmtinue unchanged. Lender may requirethat Borrowerpay such reinstatementsums and expenses in one or more of [he following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bankCheek, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a tcderal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatemen[by Borrower, this Security Instrumentand obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, [his right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sate of Note; Change of Loan Servicer; Notice of Grievance. The No[e or a partial interes[in the Note (together with this Security Ins[rumenQ can be sold one ox mom times without prior notice to Borrower. A sale might result m a change in the entity (known as the "Loa¢ Servicer") that collects Periodic Payments due under the Note and [his Security Instrument and performs other mortgage loan servicng obligations under the No[e, this Security Instrument, and Applicable law. There also might be one Or mare changes of the Loan Servicer unrelated to a Sale of the Note. If there u a change of [he Loan Servicer, Borrower will be given wcieen 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 requ¢n m connection with a notice of transfer of servicing. If [he Note is sold and thereafterlhe Loen is serviced 63' a Loaa Servicer other than the purchaser o(Ihe Note, the mortgage loan serviong obligations to Borrower will remainwith the Loan Servicer or be transferredto a successor Loan Servicer and aze not assumed by [he No[e purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lendermay commence join, or be joined to any judicial action (as either an individual litigant or [he member of a class) that arises from the other partps actions pursuant to this Security Instrumentor Iha[ alleges that [he other parry has breacheda¢y provision of, or any duty owed by reason of, This Security fastrument,until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirementsof Section 15) of ouch alleged breach and afforded [he other party hereto a reasonable period after the giving of such entice to take corrective action. if Applicable Lew provides a time period which must elapse before certain action can be taken, [ha[ lime period will be deemed to be reasonable for purposes n( [his paragraph. The notice of acccleralion and opportunity to cure given to Borrower pursuant to Section 22 and the nofice of acceleration given m Bortowez pursuant [o Section 18 shall be deemedto satisfy the notice and opportunity to take corrective action provisions of [his $e4ion 20. 21. Aazardous Substances. As used m this Scclion 21: (a) "Hazardous Substances" are those substances deemed as toxic or hazardoussubstances, pollutants, or wastes by Environmental Law and the Following substances: gasoline, kerose¢e, other Bammable or toxic petroleum products, tonic pnticides and herbicides, volatile solvents, materials containing asbestosor formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws o(8te jurisdiction where the Property is located that relate to health, safely or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) ao "Environmental Condition" means a condition [hat can cause, conUibute lo, or otherwise trigger an Environmental Cleanup. -on WAl wmm v.e•um,e ~~ Form 3¢39 1101 PAAM LOAN ID: 0040118366 ~ ~ Borrowv shall not cause or permit Che ppresence, use, disposal, storage, or rolease n( any Hazardous Sobstanas, or tlueatento release nay HazardousSubstances, on or in the Property. Borrowershall no[ do, not allow anyone else to do, anything affectingg [he Pro arty (a) that is in violation of any Environmental Law, (b) which creates an EnvironmentalCondition, or gc) whmh, due to the presence, use, or release of a Fazardous Substance, creates a condition [ha[ adversely affects the value of the Property The preceding two sentences shall not apply to the pruencq use, or storage on the Property o small quantities n Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including but not limited lo, hazardous substances in consumer products): Borrower sha8 promptly give Lender written notice of (a) any investigation, claim, demand, lawsml or other action by any governmental or regulatory agenry or private parry involving the Property and any Hazardous Substance or Environmental Law of which Borrower has adua knowledge, (b) any EnvironmentalCmdi[ion, indudiag but not limited to, any spilling, leaking, dischazge, release or Ihhreatof release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a HazardousSubs[ancewtiich adversely affects the valne of the Property. If Borrower learns, or is notified by any ggovernmental or regulatory authority, or any private party, that any removal or other remediation of any HazazdousSubstanceaffechng the Properry 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-UNIFORMCO VENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleratlan; Remedies. Lender shall give notice to Borrower prior to acceleration following 8arrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS unless Applicable law provides otherwise). Lender shall notify Rorrower ot, among other Lhings: (e) [he default; (h) the ac8nn required to cute the default; (c) when the default must be cured; and (d) that failure to care the default as specified may result in acceleration of the sums secured by tins Security Instrnmen[, foreclosure by judicial proceeding and sale of the Property. Lender sball further Inform Borrower of [he right to reinstate after acceleraton and the right [o assert in the foreclosure proceeding the non-existenre of a default ar any other defense of Borrower to acceleration and foreclosure. 1( the default is not cured as spedRed Linder et its option may require immedla[e payment in full of all sums secured by this Security Snstrumen[ without further demand and may foreclose this Security Instrumeol by jud(ctai proceeding. Lender shall be entltled to collect all expenses incurted in pursuing the remedies provided iu this Section 22, including, but not limited lo, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 2J. Release. Upon payment of all sums securedby this Security Instrument, this Security Instrument and the estate conveyed shall terminateand become void. After such occurrence, Lender sha8 discharge and satisfy [his Security Instrument. Boaower shall pay any recordation costs. Lender may charge Borrowera fee for rdeasmgthis Security Instrumen[,bul only if the tee is paid [o a third party for servi¢s rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permittedby Applicable Law, waives and releases any error or defects in proceedings [o enforce this Secunty Instrument, and hueby 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. Reinsmtement Period. Borrower's time to reinstate provided in Settion 19 shall extend to one hour prior to the commeneemen[of bidding at a sheriffs sale or other sale pursuan[to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt securedby this Security Instrumrn[is lent to Borrower to acquire title to [he Property, [his Secuity instrument sha8 be a purchase money mortgage. 27. Interest Rate Alter Judgmenh Borrower agrees that [he interest rate payable after a judgment is entered oa the Note or in an action of mortgage forede>sure shall be the rate payable from time to time under the Note. -BAIPAI maoc, ere•„^r rs ~ ~~~ Form 3039 1101 ppAN LOAN ID: 0040118366 r M BY SIGMNG BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with i[. Witnesses: i/~~~ ~}udR~W,( J -6AIPA1 lozoei m _ (Seal) -BOrtmver _ (Seal) -Borrower _ (Seal) Bortowcr ~ (vNV'Umd"rv~/V' `-" (peal) SUZETTE E. CHIBMAR -Bortow<r i i v (Seal) MIO E J. CHISMAR -Bo„~r Pegs I S al l6 _ (Seal) -Bartaacr _ (Seal) Bonvwcr _ (Seal) -Bortowcr Form 3039 1/01 PAAO IRAN ID: 0040118366 Certificate of Residence Qn/} r. ~ / ~ I r A ~ ~ I, KI l "'CIs ( i , do hereby certify that the corrcd address of the within-named Mortgagee is P.O. Box 2026, Flint, MI48501-21726. Witness my hand this ~ ~ day of ~~F~/'(//Z~-(I ~ "2-.CIOr~ Agent of Mortgagee COMMONWEALTA OF PENNSYLVANIA, On[his, the '7 day of mdersigned officer, personally appeared Cct~3/3EtiLA,~ cnnnlyaa: i't~f! /L.~ / ~ ?'C! p y ,before mq the s(( -z--~~r_-- e.CHlsM.~.~ A.~~ ~4l~JT~f z.~ ~;c~l(shl~~C- (mown to me (or satisfactorily proven) [o be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged that he/ahe/they executed the same for the purposes herein contained. W WI'ITVESS WHEREOF,[ hereuntoset my hand and official seal. My Commission Lxpires: t J~~~ Title of O(Ficer _ NPUdd Swt Public MecblalcrEUrt Bmch,N My Comtnleslon g.Pir<t Nw. 20, htarM1paf, Pennayfuanla A85odeUlxle Nde ~6AIPA1 mzom >•a• Ica ~e PAAP Form 3039 1lnl LOAD ID: 0040118366 PLUESE, BECKER & SALTZMAN, LLC Attorneys at Law ROB SALTT.19.4V RSWirman:uohslaw.ore SANFORD J. BECKER SBwkcnnJpbslau'-orp ROBERT T. PLUESE R Niacsckupbslaw n:e ROBERT F. THOMAS Rlhumuti~~'Dhslu ~rurq 20000 HORROR WAY sore 900 MT. LAUREL, NEW JERSEY 08054A318 (856)813-1700 EACS[M1LE (856) 8 U-1720 PENNSYL~'A.NIA OFFICE: 425 COMMERCE DRNL, SUITE 100 FORT WASHINGTON, PA. 19034 (215) 546-3205 OF COUNSF;L: Katz, Euin & L ovine, PL. "Ihe Law Offces of Barbara A. Feiq P.C. • PA and NJ Bars Our File # Please reply [o: Mt. Laurel, New Jersey January 10, 2006 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. Soeci6c information about the nature of the default is provided in the attached aaees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP may be able to hela 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 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the CounselinP Aaenc~ The name address and phone number of Consumer Credit Counseling Agencies servinE ~xU-'~ 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 I-800-342-2397 (Persons with impaired hearing can call (',17) 780-18691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION [NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PL'EDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S):Suzette E. Chismar and Michael J. Chismar PROPERTY ADDRESS: I1 Louis Lane, Enola, PA 17025 LOAN ACCT. NO.: 322033176 ORIGINAL LENDER: Finance America, LLC. d/b/a FinAm, LLC (MFRS) CURRENT LENDER/SERVICER: HomEq Servicing Corp. HODZEO«'NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOL` 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 ESTABLISHF,D BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OE FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage Cor thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit 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.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 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 [he 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 FOK INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTF,MPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). N.A1'URE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at 11 Louis Lane, Enola, PA 17025: [S SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS of $525.45 since the September 2005 payment, to the present and the following amounts are now past due: $2,886.47 Accrued Late Charges: $91.11 Late Charge Forecasted: $26.27 Corporate Advances: $108.80 TOTAL AMOUNT PAST DUE: $3,112.65 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT --You may cure the default within 'THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AIVIOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,1 12.65, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Name of Lender: HomEq Servicing Corporation Address: 4837 Watt Avenue, North highlands CA 95660-5170 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 riEhts to accelerate the mortpaQe 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 94ORTGAGE IS FORECLOSED tiPON --The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomeys 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 attomeys 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 kou will oot be required to oay 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, still hay e the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You ma~o so bypayine the total amount then past due plus anv late or other charees then due reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing_any other requirements under the morteaae. 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 beheld would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may f nd 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: HomEq Servicing Carporation Address: 4837 Watt Avenne, North highlands CA 95660-5170 Phone Number: 800-795-5125 Contact Person: PA Housing Response Team 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 mayor _X_ may not (CHECK ONE} sell or transfer your home to a buyer or transferee who «~ill 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 M.4Y 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 L'NDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED. ~ C P~ .`~~ ~ d -F- ~~ ~r ' c : -~ SHERIFF'S RETURN - REGULAR a ~ CASE N0: 2006-00844 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CHISMAR SUZETTE E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHISMAR SUZETTE E the DEFENDANT at 1730:00 HOURS, on the 27th day of February 2006 at 11 LOUIS LANE ENOLA, PA 17025 by handing to SUZETTE CHISMAR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 41.20 Sworn and Subscribed to before me this ~~-d!' _ day of Prot tary So Answers: ~~ '~ R. Thomas Kline 02/28/2006 PLUESE BECKER SALTZMAN By: ~~ ,t~f Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2006-00844 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CHISMAR SUZETTE E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE CHISMAR MICHAEL J was served upon DEFENDANT the at 1730:00 HOURS, on the 27th day of February 2006 at 11 LOUIS LANE ENOLA, PA 17025 by handing to SUZETTE CHISMAR, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this dl~ day of 7V1a.~.c~ 02 o'U 4 A . D . Froth ar So Answers: /~ ~f` J R. Thomas Kline 02/28/2006 PLUSES BECKER SALTZMAN By• A Deputy Sherif SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00844 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CHISMAR SUZETTE E Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TENANT/OCCUPANT unable to locate Him in his bailiwick COMPLAINT - MORT FORE , but was He therefore returns the the within named DEFENDANT TENANT/OCCUPANT NOT FOUND as to 11 LOUIS LANE PA 17025 WERE NO TENANT/OCCUPANTS Sheriff's Costs: So answers• _ Docketing 6.00 ~ = 'J _ Service .00 ~- Affidavit 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PLUESE BECKER SALTZMAN 02/28/2006 Sworn and subscribed to before me this al.ea- day of -Yh,u.~c,ta ~.dc~l. A.D. D Pr thonota Pluese, Becker & Saltzman, LLC. Rob Saltzman, Esquire Attorney Identification No.: 53957 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 856-813-1700 Attorney for Plaintiff 78348 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. SUZETTE E. CHISMAR AND MICHAEL J. CHISMAR N0.06-844 Civil PRAECIPE TO SETTLE. DISCONTINUE AND END Defendant(s). TO THE PROTHONOTARY: Kindly settle, discontinue and end the above captioned matter without prejudice. PLUESE, BECKER & SALTZMAN, LLC. BY: Rob:. altzm ,Esquire r.a 2 ~. ~ ~ r 7'i . r, ~-, , "'U ~ T t't1 i" '--~~ t U.% ~ ~ -i.7 f9'1 ~~ .A ..,,J ~'~ . '`•' ( O `~ i .. ~ "~ W ' C .z=