HomeMy WebLinkAbout06-0900Pluese, Becker & Saltzman, LLC
Rob Saltzman, Esquire
Attorney Identification No.: 53957
20000 Horizon Way, Ste 900
Mt. Laurel, NJ 08054
(856) 813-1700
Attorneys for Plaintiff
WELLS FARGO BANK NATIONAL
ASSOCIATION AS TRUSTEE
1100 Corporate Center Drive
Raleigh, NC 27607
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNT///Y
()(0- 906 eI Ul Lc--T L}lq
V.
SANDRA L. MINNIER AND
GREG A. MINNIER
Defendants.
CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
YOII I IAVE BEEN SUED IN COURT IF YOU WISH TO DEFEND AGAINST THE
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ANY OTHER CLAIM OR RELLF REQUESTED EY THE PLAINTIFF. VOL' MAY
LOS F MONEY OR PROPERTY OR OTHER RIGI ITS IMPORTANT TO YOU
NOI R IA
LEHAN DEMANDADOA CS I I,DEN 1 A(OR'I L. SIL N I UDOIIIFkEUEFENDFRSL
DE ESTAS DEMANDAS EXPEES I AS EN LAS PAGINAS SIGUIFNI LS. LSTFD
HERE (20) DIAS DE PLAZO A PARIIR OF. LA PE('HA DL LA DEMANDA Y IA
NOTE CACION. US TEL) DEER PRESLNTAR UNA APARTNC[A ESCRIT'A O EN
PERSONA O FOR ABOOADO Y ARCI IIV AR FN I A CORTE SL'S DEFFNSAS 0 SUS
OBJECIONES A LAS DEMANDAS ENCONTRA DESU PERSONA. SEA AVRADO
OGE SI LISTED NO SE DLFIENDF_ LA CORTC IOMARA MEDIDAS Y PUEDE
ENIRAR UNA ORDEN CON 'I RA USTED SIN PREV 10 AV ISO O NOTTIC ACTON O
?OR CUAI_KIER QIJEJA O ALIVIO OFF F.SPEDIDO FN LA PETICION DF
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CUAIRCRLAND COUNTY BAR ASSOCIATION
1_ibeny Avume
Carlole. PA ITOIL
1;8(( 0911 9109
I I EVE ESTA DEMANDA A L'N ABOCADO ININEDIA I AMFM L SI NO'TIENE
ABOGADOO SINO TIENE FLDLNLROSUFICIEN'TF. PARA PAGAR TANSERVIC10.
VAYA EN PERSONAO LLAMEPOR TFI,EFONDA t-AWK NACUYA DIRSCCION
SE ENCCENTRA LSCRITA AFAR PARA A%ERIGCAN DONDE CSFED PI CDC
CONSEGUIR ASIS'IENCIA LEGAL.
CUMBERLAND CO[ NI'Y BAR ASSOC IA IION
_ -B,,F Avenue
Codfis[e, PA 17011
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CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff is:
Wells Fargo Bank, National Association as Trustee
1100 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:
Argent Mortgage Company, LLC.
One City Blvd.
West orange, CA 92868
(a) Defendants, Sandra L. Minnier and Greg A. Minnier are individuals whose
last known address is 26 Lime Kiln Road, Carlisle, PA 17013.
(b) Defendants, Sandra L. Minnier and Greg A. Minnier 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, personal representatives
and/or executors through their estate whether the estate is probated.
4. (a) The residential mortgage being foreclosed encumbers property located at 26
Lime Kiln Road, Carlisle, PA 17013, County of Cumberland.
(b) All documents evidencing the residential mortgage have been recorded in the
Recorder of Deeds' Office in Cumberland County, Pennsylvania.
(c) On July 12, 2004, the defendants / mortgagors made, executed and delivered
a mortgage (the "Mortgage") upon the premises hereinafter described to Argent Mortgage Company,
LLC. which mortgage is recorded in the Office of the Recorder of Cumberland County, on July 20,
2004, in Mortgage Book Volume 1874, page 957. Plaintiff is now the legal holder of the mortgage
and is in the process of formalizing an assignment of same.
(d) The legal description for the property is attached hereto and incorporated
herein as Exhibit "A" (Legal Description) .
(e) Pursuant to Pa. R.C.P. 1147 (1) and 1019(g) Plaintiff is not obliged to append
copies of the above mentioned publicly recorded documents to this mortgage foreclosure action.
These documents are, however, appended hereto and incorporated herein by reference as Exhibit
"B", Mortgage.
(f) The Combined Notice has been sent to the Defendant(s) by regular and
certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy
of such notice(s) attached hereto as Exhibit "C".
5. The mortgage is in default because the Defendants, Sandra L. Minnier and Greg A.
Minnier, failed to timely tender the monthly payment of $1,162.60 due November 1 2005, and
thereafter failed to make the monthly payments. Plaintiff is now the legal holder ofthe mortgage and
is in the process of formalizing an assignment of same.
6. As authorized under the mortgage instrument, the loan obligation has been
accelerated.
7. Plaintiff seeks entry of judgment in rem on the following sums:
(a) Principal balance of mortgage $159,851.59
due and owing
(b) Interest due and owing at the $5,091.34
rate of 7.80%
calculated from the default
date above stated through
February 28, 2006
Interest will continue to
accrue at the per diem rate of
$34.08 through the date
on which judgment in rem is
entered in Plaintiffs favor.
(c) Attorneys' fees $1,250.00
(d) Late Charges $697.60
(e) Title Search $300.00
(f) Recoverable Balance S236.92
(g) Suspense Balance -5616.44
TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $166,811.01
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.
C
WHEREFORE, the Plaintiff demands:
Entry of Judgment in rem against the Defendants above named in the total amount
of $166,81 1.01 as stated at Paragraph 6, plus all additional interest and late charges accruing through
date of judgment entry; and
Foreclosure of the mortgagor's (s') equity of redemption and that of any
persons or entities holding or claiming under them and Sheriffs Sale of the subject mortgaged
property.
Pluese, Becker & Saltzman, LL,C.
BY:
Kob Saltzman, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53957
a
Cu; rcnl Oirncr .Scanii
Pane 3 oC 3
DESCRIPTION
ALL TIIAT CERTAIN lot of ground situate in West Petmsboro Township, Cumberlana County,
Pennsylvania, more particularly bounded and deSCrihed as follows:
BEGINNING at a railroad spike in the center line of Township Road T-445 on the dividing line between
Lots Nos. 5 and 6 on the hereinafter mentioned plan of lots; thence by said dividing line, South 15
degrees 28 minutes 40 seconds East 223.66 feet to an iron pin at corner of lands now or formerly of Guy
11. Foster; thence by lands now or formerly of Guy H. Foster, South 74 degrees 30 mimites 50 seconds
West 150.02 nest to an iron pin on the dividing line between Lot Nos. 4 and 5 on the hereinafter
mentioned plan of lots; thence by said dividing line, North 15 degrees 28 minutes 40 seconds West
216.32 feet to a railroad spike in the centerline of Township Road T-445; thence by the centerline of
Township Road T-445, North 71 degrees 42 minutes 30 seconds East 150.20 feet to a railroad spike, the
place of Beginning.
BEING Lot No. 5 of Section "B" of the plan of lots known as Land Subdivision for Guy 11. Foste as
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan
Book 25, Page 54.
Being Parcel No. 46-20-1781-021
?y JUG- Z0 A" ,
PreaarodBy;Argent Mortg ge Company.
Wendy Weinstein pLEASBRE7'URNTO:
2550 Golf Road, East Tower; 10th
F1 oor, Ro111 ng Meadows, IL 60008 FIDELITY CLOSING SERVICE LLC
Parcel Number: 341 NORTH SCIENCE PARK ROAD, SUITE 203
46.20.1781.021 STATE COLLEGE PA 16803
(5poco Above 71ils Uot for iserarmng Haar -
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are de4ne6 below and omer words arc de(ineil in
Sections 3, 11, 13, 18, 20 and 21. Certain rues regarding the usage of words usw In this document are
also provided in Section 16.
(A) "Security Instrument" mean this docun=m, which is dated July 12. 2004
togettter with all Riders to this document.
(H)"Bormwer"is SANDRA L MINNIER and GREG A MINNIER
Borrower is the mortgagor under this Secunty Instrument.
(C)"Lender"is Argent Mortgage Company, LLC
Lenderisa Limited Liability Company
0059632612-9705
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organized and existing under the laws of Del aware
Lender's address is One City Boulevard West Orange, CA 92868
Lender is rho mortgagee under this Security
l?tna?t.
(D) "Note" means the promissory note signed by Borrower and dated.] u 1 y 12 , 2004
The Note states that Borrower owesLwder one hundred sixty-one thousand five hundred
and 00/100 Dollars
N.S. $ 161, 500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than August 1, 2034
(L) "Property" means the property that is described below under the Leading -Truufer of Rights in me
Property."
(F) "Loan" means the debt evidenced by the Note, pius interest, any prepayment charges and late charges
due tinder me Note, and all sums due tinder this Security Instrument, pits interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
® Adjustable Rate Rider 0 Condominium Rider ? Second Home Rider
EJ Balloon Rider [] Planned Unit Development Rider Q 1-0 Family Rider
? VA Rider 0 Biweekly Payment Rider [l (Xber(s) [specify]
(1q "Applicable Law" [Weans all controlling applicable federal, stare and locai statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fa a ,
non-appealable judicial opinions.
(1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) "Electronic Farads Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account, Such term inehrdes, bur is not limited to, point-of-sale transfers, autotm ea teller
machine transactions, traosfers initiated by telephone, wire transfers, and automated cicannghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "MiwWaneous Ptoteedt" [mans any compensation, settlement, award of damages, or proceeds paid
by say third parry (other than insurance proceeds paid tinder the coverages described in Section 5) for: (i)
damage to, or destruction of, tie Property; (ii) condemnation or timer taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage Insurance" [Weans imuranco protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scr edwed amount due for (i) prk=pai and interest under me
Note, phis (ii) any amounts under Section 3 of this Security instrument.
0059632612-9705
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(O) "RESPA" means :he Real Hstxe Settlement Procooures Act (12 U.S.C. Smtion 2601 et seq.) and its
wiplement ng regulation, Regulation X (24 C.F.R. Pan 3500), as they might be amended from Duke to
time, or any additional or successor legislation or regmation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions mat are imposed in regard
to a 'federally related mortgage loan' even if me Loan does not qualify as a "feacral)y related mortgage
loan" under RFSPA.
(P) "Successor in Interest of Borrower" means any parry that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under The Note and/or this SectmLy Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: G) the repayment of the Loan, and all renewals, extensions and
modificauoas of the Note; and (ii) the performance of Borrower's covenants and agreements under Ellis
Security Instrument and the Note. Far Ellis purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the County mTk of It ovrng hosdieftool
of C UMB E R LAND (Nrme of Recording Iunsd monl:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF:
which currently has the address of 26 LIME KILN RD
Isoall
CARLISLE (Cary), Pennsylvania 17013 (zip Code)
("Property Address"):
TOGETHER WITH all the rmprovemtmts now or hereafter erected on the property, and all
easements, appurtenances, and fixawes now or hereafter a part of the property. All replacemenrs and
additions shall also be coverall by this Secunty Instrument. All of me foregoing is referred to to Ellis
Security Instrument as the "Property"
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BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the nght to mortgage, grant and convey me Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by Jurisdiction to constitme a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower sball pay when due the principal of, aria interest on, the debt evidenced by the Note and any
prepayment charges and late charges due tinder the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Nora or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by leader: (a) cash; (b) money order; (c) certified cnccic, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Leader when received at the location designated in the Now or at
suer other location as may be designated by Lender in accordance with the nonce provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring me Loan current. Lender may accept any payment or partial payment rasufficieat to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or penal
payments in rite future, but Lender is not obligated w apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then leader need not pay
interest on tmapplied funds. Leader may hold such unapplied funds until Borrower makes payment to bring
the loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or remm them to Borrower. If not applied earliv, such funs will be applied to the outstanding
principal balance under me Note immediately prior to foreclosure. No offset or clans which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
The Note and this Security Instrument or performing the covenants an agreements secured by this Security
I strumeot.
2. Application of Payments or Proceeds. Except as omerwise described in this Section 2, all
payments accepted and applied by Leader shall be applied in the following order of priority: (a) interest
due under me Note, (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shalt be applied to each Periodic Payment in me order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security instrument, and
then to reduce the principal balance of the Note.
If Lander receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, me payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Leader may apply any payment received
from Borrower to die repayment of the Periodic Payments if, and to the extent that, each payment can be
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paid in full. To the extent that any excess eiusrs after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall
be applied first to any prepayment Charges and then as described in the Note.
Any applicanon of paymeuts, insurance proceeds, or Miscatlaneaus Proceeds to principal due under
the Note shall not extend or postpone the due date, or chaage the amount, of the Periodic Payments.
3. Funds for Escrow Ideals. Borrower shall pay to Lender on the day periodic Payments are cue
under the Note, until the Note is paid in full, a sum (the 'Ponds') to provide for payment of amounts due
for: (a) taxes and assessments aria other items which can attain priority over this Secunry Insutimenr as a
lien or enctunbrance on the Property; (b) leasehold payments or ground teats on the Property, if any; (c)
premiums for any and all insurance required by leader under Section 5; and (d) Mortgage Insurance
premiums. if any, of any sutras payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow
hems.' At origination or at any time dieting the term of the Loan, Lender may require vast Community
Association Dues, Pees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow item, Borrower stall promptly furnish to Leader all notices of amourns to
be paid under this Section. Borrower shall pay Leader the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all ;Escrow Items at any time. Any sorb waver may only be
in writing. In the event of such waiver. Borrower shall pay directly, when and where payable, the arnoums
due for any Escrow Items for which payment of Funds sus been waived by Leader and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Leader may require.
Borrower's obligation ro make such payments and to provide receipts shall for 4 purposes be deemed to
be a covenant and agreement contained in this Security tnstrument, as the phrase 'covenant and agreement'
Ls used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its ngbis under Section. 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
shunt, Lewes may revoke the waiver as to any or all Escrow items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Finds, and in
such amounts, that are then required under this Section 3.
Leader may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
tnc Fords at the time specified under RBSPA, and (b) not to exceed the maximum amount a tender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of aureat data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Fonda shall he held in an institution whose deposits are insured by a federal agency,
instrumentality, or eurity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Fetieral Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than rue tune
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, mess Larder pays Borrower interest on the
Braos and Applicable Law permits Leader to matte such a charge.'Jaiess as agreement is made in writing
or Applicable Law retttures interest to be paid on sue Funds, lender shall not be required to pay Borrower
any mtertsc or earnings on the Funds. Borrower and Leader can agree in writing, however, teat interest
0059632612 -9705
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shall oe paid on the Fonds. Lender shalt give to Borrower, without charge, an annual azeOunilug OF Eric
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RFSPA, tender shall account to
borrower for the excess funds in accordance with RESPA. If [acre is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to stake up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a defimeaey of finds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the d4ciemcy in accordance with MPA, bur in no more man 12 monthly paymelrs.
Upon payment in full of all sums secured by this Security Instrument, Leader shall prompuy refund
to Borrower any Funds held by Lender.
4. Charges; Liens- Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can atrain priority over this Security Instrument, leasenoid payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower "I pay them in toe manner provided in Section 3.
Borrower atoll proiRuy discharge any lien which has priority over this S=Uiiy Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by me lien in a manner acceptable
to Lender, but omty so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent me enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender deteunutrs that any pan of the Property is subject to a firm
which can attaza priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Rrithin 10 days of the date on which that notice is given, Borrower shalt satisfy the lien or take one or
more of me acrions set forth above in this Section 4.
Lender may require Borrower to pay a orie-tune charge for a real estate tax verification and/or
reporting service used by lender in connection with this Loam,
5. Property Irtsarance, borrower stall keep rho improvements now existing or hereafter erected on
the Property insured against toss by fire, hazuds included within Elie term "extended coverage," and any
other hazards including, but not limited to, carthqual= and floods, for which lender requires insurance.
This insurance shall he maintained in the amounts (including Aeductiblo levels) and for me periods that
Lender requires, Mat Lender requites pursuant to the preceding sentences can change during this teen of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disupprove Borrower's choice, which right shall nor be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
deteanrtarieh, certification and crackiag services; or (b) a onatuno charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Malagemeni Agency in connection with The
review of any flood zone detmmination resulting from an objection by Boaower.
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If Borrower fails to maintain any of the coverages described above, Lender may obtdm msuranee
coverage, at Lenoers option and Borrower s expense. Leader is under no obligation to puirhase any
particular type or amount of coverage. Therefore, such coverage shall cover Leader, bur might or ought
not protect Borrower, Borrower's equity in the Property, or Elie contents of the Property, against any nsk,
hazard or liability and might provide greater or lesser coverage than was previously in ear t. Borrower
acknowledges that the cost of Elie insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
income additionai debt of Borrower secured by this Security Instrument. These amounts shall bear uaerest
at the Note raic from the date of disbursement and shall be payable, with such iaterest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove aura policies, stall include a standard mortgage clause, and shall mute Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender ail receipts of paid premiums and
rtmwai natices, If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, sues policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee,
In the event of loss, Borrower shall give prompt notice to Me insurance carrier and lender. Lender
may, make proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree
in writing, any insurance proceeds, wheher or not the underlying insurance was required by Leader, shall
oe applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Leader's security is not lessened. During such repair and restoration period, Leader sball have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure me
work has bees, completed to Leader's satnsfaezioa, provided than such uupecboa shall be undellaken
promptly. Lender may disburse proceeds for are repairs and restoration in a single payment or in a senes
of progress payments as the work is completed. Unless an agtecmem is made in writisag or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not ire required to pay Borrower any
interest or earnings on suen proceeds, Pees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the wadranee proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such iusucaace proceeds shall be applied in the order provided for w
Section 2.
If Borrower abandons rite Property, Lender may file, negotiate and battle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender inat the
nnsurance carrier has offered to settle a claim, then Leader may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lauder acquires the Property under
Srcuon 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such tights are applicable to the
coverage of the property, Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Insmumwt, wheruer or not rhea due.
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6. Occupancy. Borrower shall occupy, establish, and use the Property as borrower's principal
msidenca within 60 days after the execution of this Security Instrument and sball continue to occupy me
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
othonvise agrees in writing, which consent Wall not be tttueasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protecthon of the Property, Inspecdons. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property, Whether or not Borrower is residing in the Property, Borrower shall maintain the Property Ln
order to prevent the Property from deteriorating or decreasing in value due to its condition. Uniess it is
determined pursuant to Section 5 that repair or restoration is not economically fmblo. Borrower shall
promptly repair the Property if damaged to avoid further deterioration or aamage. rf insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, tae Property, Borrower
shall be responsible for repairing or restoring the Property only it Lender has rueawd pmceans for such
purposes. Leader may disburse proceeds for the repairs and restoration in a single payrnent. or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for toe Mneptetion of
such repair or restoration.
Lender or its agent may snake reasonable entries upon aria inspections of we Property. If it bas
reasonable cause, Lender may inspect me interior of the unprovements on the Property. Lender shall give
Borrower notice at the time of or prior to such an mtenor inspection specifying such reasonable cause,
S. Borrower's Loan Application. Borrower shalt tie in aefault if, during me Loan application
process, Borrower or any persons or entities actutg at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material mformation) in connection with the Loan. Material
representations inciuee, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Lnterett to the Property and Rights Under this Security Instument. If
(a) Borrower fails to perform the covenants and agreements contained in this Sectlr try frstvamedt, ib) there
is a legal proceeding that might significantly affect Lcmder's interest in tae Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for ooodentnation or forfeinrre. for
enforcement of alien which may at= pnonry over this Security Instrument or to enforac 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 me Property aria rights under this Security,
Instrument, including protecting and/or assessing the value of me PmN%V, and securing and/or repairing
the Property. Lender `s actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instttltnent; (b) appearing in court; and (c) paying reasonable
attorneys' fees co protect its interest in the Property andfor rights under this Security Instrument, including
its secured position in a bantuuptcy proceeding. Secu* the Property includes, out is not limited 10,
entering am Property to make repairs, cnattge cocks, replace or board up doors and windows, aratn water
from pipes, eliminate building or other code vioiations or dangerous conditions, and have utilities Mined
an or off. Although Lander may take action under this Section 9, Lender ones not have to co so and is not
under any duty or obligation to do so. It is agreed that under incurs no liability for not taking any or all
actions audiorizea under this Section 9.
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Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security instrument. These amounts shall Dear interest at the Note rate from the date of
disbursement anti sball be payable, with such interest, upon notice from Lender to Rorrower requesting
payment.
If this Seventy Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title soau not merge umess
Lender agrees to the merger do writing.
10. Mortgage lnsuruece. If Leader required Mortgage Insurance as a wmdition of making the Loan.
Borrower shall pay the premium required to maintain the Mortgago Insuratue in effect. If, for airy reason,
the Mortgage Imuranee coverage required by !.ender ceases to be available from the mortgage insurer that
prevtoosiy provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, a[ a coat substantially
equivalent to the cost to Borrower of the Mortgage insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substauually equivalent Mortgage Insurance coverage is not
available, Borrower shall conciue, to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Leader will accept, tie and retain these
payments as a non-refundable toss reserve in lieu of Mortgage Insurance. Such loss reserve shag be
non-refundable, notwithstanding the fact that Me Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such toss reserve. Lender can no longer require loss
reserve payments if Mortgage insurance coverage (in the amount and for the period that Leader requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was requires to make separately destgnated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage insurance in effect, or to provide a non-refundable loss reserve, until L=der:s
requirement for Mortgage Insurance ends in accordance with any written agreement Demeen Borrower anti
Lender providing for such termination or until to mmarion is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance munburses Loader (or any entity drat purchases the Note) for obtain losses it
may incur if Borrower does not repay the Loan as agreed, Borrower is not a parry to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance m force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce tosses. These agreements
are an terror and conditions that am satisfactory to the mortgage insurer and the other parry (or patties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage Insurer may have available (which may include funds obtain from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of tho Note, another Insurer, any reuswer,
any other enaly, or any affdiate of any of the foregoing, may receive (directly or indirectly) amounts mat
native from (or might be characterized as) a portion of Borrower's payments far Mortgage Insurance, in
exchange for snaring or modifying toe mortgage usurer's risk, or mduemg tosses. If such agreement
provides that an affiliate of Lender taxes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed 'captive reinsurance.' Further:
(a) Any such agreements will not affect the amounts Wet Borrower bas agreed to pay for
Mortgage Insurance, or any other terms of the law. Such agreements w01 not Increw the amont
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refuu&
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(b) Any such agroements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance trader the Homeowners Protection Act of 1998 or any other law. These rights
may Include the right to receive certain disclosures, to request, mud obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Mbtcdlaneous Proceeds; Forfeltum All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellancotu Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender s security is not lessened.
Dating such repair and restoration period, Linder shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be tmrlettatmo promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on sutcn
Miscellaneous Proceeds, If the restoration or repair is not economically feasible or Lender's security would
be lessened, me Miscellaneous Proceeds shall be applied to the swans secured by this Security Instrument,
whemar or not men due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Lnsrrumeor, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property m which the fair market
value of the Property immediately before the parual taking, desaucuon, or loss in value is equal to or
greater than the attiotmt of the stems secured by this Security Ltsmunetu immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the suns
secured by this Security Instrument "I be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the stuns secured immediately before the
partial taking, desnuction, or loss in value divided by (b) the fair mukat value of the Property
immediately before two pardai taking, destruction, or loss in value. Any balance snail be paid to Borrower.
In the event of a partial tucking, destruction, of toss in value of the Property in which the fair market
vaiue of me Property immediately before Elie pattiai taking, destruction, or loss in value is less than me
amount of the sums secured immediately before the partial taking, destruction, or loss in value, uutiess
Borrower and Lender othorwise agree in writing, the Miscellaneous Proceeds shall be applied to the starts
secured by this Security Instrument whether or not the sutras are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next scmence) offers to make an award to settic a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authoru4d
to collect and apply the Miscellaneous Proceeds either to trstorauon or repair of Elie Property or to the
sums secured by this Security Instrument, whether or not then due. 'Opposing Parry' means the third parry
that owes Borrower Miscellaneous Proceeds or ttue parry against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in defauir if any action or proceeding, whether civil of rr,m,nal, is begun that, in
L.eutder's judgment, could result in forfeiture of the Property or other material impaimvmt of Leader's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, remstwe as provided in Section 19, by causing the action or proceeding to be
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dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or otter material
Impa rment of Lender's interest in the property or rights under this Security lnltrumc9t. The proceeds of
any award or claim for damages that are attributable to the impairment of Leader's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of me property shall be
applied in the order provided for in Section 2,
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time far payment or otherwise modify
weanixarion of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Leader in exercising any right or
remedy including, without limitation, Larder's acceptance of payineats from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shaU not be a waiver of or
preemie the exercise of any right or remedy.
13. Joint and Several Liability; U-sigrlera; Successors and Assigns Bound. Borrower covenants
and agrees mat Borrower's obligations and liability shall be joint and several. However, any Borrower who
w-signs this Security Instrument but does not execute the Note (a 'co-signer'): (a) is co-signing this
Security Instrument oruy to mortgage, gram and convey the co-signer's interest in the Property udder me
terms of this Security Insrtuthea[ (b) is not personally abligateett 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
moire any accommodations with regard to the terms of this Soinrity Instrument or me Now without the
co-signer's Consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower slhall net be releasco from
Borrower's obligations and liability under this Security lustrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Leader.
14. Loan Charges. Lander may charge Borrower fees for services perfomtea in connection with
Borrower's default, for the purpose of protecting Lender's interest in me Property and rights under this
Security Instrument, including, but not limited to. attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shaLL not be construed as a prohibition on cite charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security turn, mcnt or by Applicable I.aw.
If rte Loan is subject to a haw which sets matamum loan charges, and that law is finally interpreted so
that the interest or other loan charges collated or to be collected in ommection with the Loan exceed the
permitted Emits, men, (a) any suet loan charge shall be reduced by me amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permuted
limns will be refunded to Borrower. Leader may choose to maize this refund by reducing the ptncipai
owed under the Note or by maldttg a direct payment to Borrower, If a refurid reduces principal, me
reduction will be treated as a partial prepayment without any prepayment charge (whetter or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund nude by
direct payment to Borrower will constitute a waiver of any right of action Borrower mignt have ansing out
of such overcharge.
15, Notices. All notices given by Borrower or Lender in connection with this Security Instrument
most be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
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have been given to borrower when tnailoa by fast class mail or wren actually delivered w Borrowers
nonce address if sent by other means. Notice to any one Borrower shall coasutute notice to all Borrowers
unless Applicable law expressly requires otherwise. The notice address shall he the Property Address
unless Borrower tins designated a substitute notice address by notice to Leader. Borrower shall promptly
notify Lender of borrower's change of address. If Leader sped(lcs a procedure for reporting Borrower s
change of address, rhea Borrower shall only report a change of address ibrwrgh that specified procedure.
There may be only one designated notice address uffiar this Security Insmimeat at any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first clam mail to Larder's address
stared herein unless LaMar has designated another address by mice to Borrower. Any notice in
coatetxiou with this Security lustrumem shall Dot be deemed w have been given to Lender until actually
received by Lender. If any nonce required by this Socuriry Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; SeverablUtyt Rules of Coastructfon. This Security Instrument stall oe
governed by feae:al law and the law of the jums6 0oD ra which No Property rs located. All right and
obligations contained is this Security Iotrrumeut are subject to any requuemenu azM limitations of
Applicable Iaw. Applicable law might explicitly or inwlicidy allow the partite to agree by oontrac[ or it
rmght be silent, but arch silence shall tot be wiwtnred as a pmhibidon again[ agreement oy contract. In
the event that any provisiaa or clause of this Soprrity Instrument or the Note coDUrcis wish Applicable
Law, such co nflict strap not affect other provisions of this 5ecunry Irsaumeut or the Nete which can oe
given effect wiout the conflicting provision.
As used th in this Security Insmsmesx: (a) words of the masculiao gertde shall mean and include
corresponding neuter words or wocdt of the feminine ge>Mot; (b) words in the stngwar shall mean and
include Lac plum and vice versa; and (c) the word "gray' gives sole discretion without any obligation m
cake any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
19, Transfer of the Property or a Reaeflcial interest In Borrower. As used in this Section 1g.
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests rransftxred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, rho intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or may part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Secunty
Instrument, However, this option shall not are exercised by Larder if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, lender shall give Borrower notice of acceleration. The nonce shall
provide a period of not less than 30 days from the daze the notice is given in accordance with Section 15
within which Borrower tratst pay all sums seabed by this Security Insttvmem. if Borrower fails to pay
these sums prior to rho expiration of this period. Lander may mvdke any remedies permitted by this
Security Instrument without further touter or demand at Borrower,
19. Borrower's Right to Rebretate After Acoderadon. If Borrower mars certain conditions,
Borrower shall have the right to have enforcement of this.Secunty Instrumatu discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of We contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Seeunty Instrument, Those
conditions are that Borrower: (a) pays Lander all stems which then would be duo under this Security
Instrt®eut and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
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agreements; (c) pays all expenses incurred in coforctng this Security Instrument, nacluding, but not air ed
to, reasonable anomeys' fees, property inspection and valuation Ices, and odes fees incurred for the
purpose of protecting Leader's interest in the Property and nghts under ibis Securiry Instrument; and (d)
takes such action as Lender may reasonably require in assure that Lender's interest is the Property and
ngihts under this Seeunry Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender; (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's cheek, provided any such chtcc is drawn upon
an institution whose deposits are insured by a feuerai agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Securtty Instrument and obligations secured hereby
shall remain fully effecnve as if no acceleration had occurred. However, this right io rcinuarc shall cot
apply in toe case of acwtraron tinder Section 19.
20, Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a pamai interest in
the Noce (together with this Security Instrument) can be sold one or more times without pnor notice to
Borrower. A sale might result in a change in the thiity (known as toe "Low Servieer') that collects
Periodic Payments due tinder the Note and this Security Iscramoht and performs other mortgage roan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or =to changes of the Loan Servicer unrelated to a sale of the Note. If there is a chango of the Loan
Servitor, Borrower will be given wrinea entice of the change which will state the name and address of me
new Loan Servicer, the address to which payments should be made and any other mtormation RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and tbereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Lou Servhcer or be transferred to a successor Loan Servhcer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or too member of a class) that arises from the other parry's actions pursuant to this
Security Insw mien or that alleges that the other parry has breached arty provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other patty hereto a reasonable period after the giving, of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that tune
period will be deemed to be reasonable for purposes of this paragraph, The nonce of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the nonce of acceleration given co
Borrower pursuant to Section 19 shall be deemed to satisfy tae nonce and opporcumry to take corrective
action provisions of this Section 20.
21. Hazardous Substances, As used in this Section 21: (a) "Hazardous Suostances" are those
substAneet defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, xeroserra, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials:
(b) ^8nviroamemal Law" means federal laws and laws of the jurisdiction where the Property is located That
relate to health, safety or environ¢rental protection; (c) 'Environmental Cleanup' mcanes any response
action, remedial action, or removal action, as defined in Environizarral Law; and (d) an 'ltnvitonnental
Condition' meats a condition that can cause, contribute to, or otherwise nigger an ) rnvironmcotai
Cleanup,
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Borrower shall not cause or parnut the presence, use, disposal, storage, or release of any Hazardous
Substances, or urreatcti to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property, (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to too presence, use, or release of a
Hazardous Subsrauea, creates a condition that sdvetsety affects the vaiue of the Property. The preceding
two sentences shall not apply to the ppresence, use, or storage on error. Property of small quantities of
Hazardous Substances that are geoerally, tecognized to be appropriate to normal resideruiai uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any rnvertigation, claim demand, lawsuit
or other action by say governmental or regulatory ageiey or private party involving are Property and any
Hazardous Substance of environmental Law of which Borrower has actual lmowledge, (b) any
Envuunmentai Condition, including but not limited to, any spilling. leaking, dischargo, release of threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Subsumoe which adversely affects the value of the Property. If Borrower learns, or is notified
e>• any govemmemral or =:r y auWority, or any private party, that any removal or other rnrnediation
of any Hazardous Substating the Property Ps necessary, Borrower shall promptly [acre all necessary
tranedill actions in accordance with Environmental Law. Nothing herein shall create any obligaum on
Lender for an Environmental Cleanup.
:VON-UNIFORM COVENANTS, Borrower and Lender futflur covenant and agree as follows:
22. Acceleration: Remedies. Leader shall give notice to Borrower prior to acceeration following
Borrower's breach of any oovetrant or agreement In this Security Instrument (but not prior to
awderation under Section 18 udcas q ppBrable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the d t; (b) the action required to cure the default: (c) when
the default must be cured[ and (d) that Adjure to cute the default as speutied may result in
acceleration of the stems seemed by thlt Security instrument, foreclosure by judicial proceeding and
sale or the Property. Lender shall tuurther Worm Borrower of the right to relustate after acceleration
and the right to assert In the foreclosure proceeding the amn-edirtence of a default or any other
defense of Borrower to acceleration and foreclooun. It the default is not cured as specified. Leader at
its option may require immediate payment in Ault or all stuns secured by this Security Instrument
without further demand and may foreclose this Security Instrument by judicial proceeding. Leader
shall be entitled to oolh cd all expenses incurred In puns" the remedies provided in tbds Section 22,
intruding, but not limited to, attorneys' fees and costs or title evidence to the extent permitted by
Applicable Law,
23, Release. Upon payment of all surds secured by this Security histr rnent, this Security Iasaumtnt
and the estate conveyed shall terminate and become void. After seen occurreoe, Lender shill discharge
and satisfy this Security Instrument. Borrower shall pay amy tecordabon costs. Leader may charge
Borrower a fee for releasing this Secuttty instrturawl, but only if the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefir of any presets or
future laws providing for stay of execution, exuastoa of tithe, exemption from attachment, levy and We,
and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commeneenteru of bidding at a sheriff's sale or other sate pursuant to this Secunry
InsttvmcaL
26, Purchase Monty Mortgage. if any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27, Interest Rate After Judgment, Borrower agrees teat the interest rate payable after a luagment is
onwred on tic Note or in an action. of mortgage foreclosure sha11 be the rate payable from time to time
under the Note.
0059632612-9705
Intro.:
n.a.um to 07!0972004 11:11.57 Form 3039 '1101
e1JRn.61PA) twoel AAt,
?b
: LJ
1874FG0970
BY SIGNING BELOW, Borrower accepts and agmes to tho terms and covenants contained in this
Security Instrument and in any Rider executed by Botrower ana rwotded with m
witnesses:
_ (seat)
-BQCM r
_ (Seal)
4jormwer
- (Seal)
-9ainwer
Alen-6(PA) /o v,
M- i l l y LC£_.? (seal)
SANDRA L MINNIER -Borrower
?. /4lGr r ?e l (Seal)
GREG MINNIER` -Borrower
(Seal)
-Borrowcr
(Seal)
-Borrower
(Sa)
-Mrrowcr
0059632612-9705
v.r. ra ar ie 07109/2004 11:11:57 Fcrm3039 1101
BK1874M97I
Certificate of I rice p
address of the within-named Modgagee is
nh n,Y,n, _ _ ?t_A qa gc? R
Wdness my hand this
COMMONWEALTH OF PENNSYLVANIA
On this the iO day
Day
the undersigned offlcer, personally appeared
co hereby certify that the corroct
of
q?'ountyas:
t? ` netore me,
t Ante F,
known to me (or satisfactorily proven) to be the person(s) whose name(s) )s(
within instrument and acknowledged that helshel toe executed the same for
contained.
IN WITNESS WHEREOF, I hereunto set my hand and offroial seal.
My Commission Expires:
JDM6PA (woe)
05MDed to the
purposes herein
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Man, W-SuMg 9mor, NOWN Pub to
Spring Pup., Centro Count'
My Commission E? mz Oa 20, 2007
Member, PCnnUN.n;e As.,alstion Of N013001
P"Itale 0059632012-0705
07/09/2004 11:11:57 AM
Bit 1874PG0972
Title of Officer
EXHIBIT "A"
LEGAL DESCRIPTION
ALL that certain parcel of land and improvements thereon situate in
the Township of West Pennaboro, County of Cumberland and
Commonwealth of Pennsylvania, and demiquatsd as Parcel No.
46-20-1781-021 and more fully described in a Deed dated October 29,
1999 and recorded November 5, 1999 in Cumberland county in need Book
Volume 211 at Page 153, granted and conveyed unto Greg A. Minnier
and Sandra L. rii,nnier, husband and wife.
SUBJECT, HOWEVER, to such easements, restrictions and conditions
that may apply to the aforadescribed tract of land, recorded or
unrecorded.
C, eru i , t>. to be rccordcd
.;'"Id County PA
Recorder of Deeds
RK 1874PGO97A
Ho-mEQ1 SERvicim
DF78
SANDRA L MINNIER
26 LIME KILN RD
CARLISLE, PA 17013
September 6, 2005
0322205790
ACT 91 NOTICE
NBRC
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortQaee on VOUr home is in default and the lender intends to foreclose.
Specific information about the nature of the default is provided in the anachedgages-
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help to save your home. This notice explains how the program works.
"ho see if HEMAP can help you you must MEET WITH A CONSUMER CREDI"I COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you
meet With the counseline aeencv.
The name address and phone number of Consumer Credit Counseling Agencies servinfl vour county Lite
listed at the end of this Notice. If you have any Queeti0ns you may call the Pennsylvania Housin', f mance
.
Agency toll free at I_800-342-2397 (Persons with impaired hearing can call 717-780-1809)
This Notice contains important legal information. Ifyou 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 NOTIFICAION EN ADIUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR V fVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENPE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS ALNUMERO MENCIONADO
ARRIBA. PUEDHS SER ELEGfBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" El, CURL PUEDE
SALVAR St' CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt
and any information obtained will be used for that purpose.
SEE LAST PAGE FOR ADDITIONAL LMPORTANT DISCLOSURES
THIS NOTICE CONTINUES ON THE NEXT PAGE
W NSVCTIo-%'Ts
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY NVITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
• YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEN] PORARY STAY OF FORECLOSURE
Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days
from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting
with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST
OCCUR WITHIN THE NEXT THIRTY (30) 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 attend it face-to-face meeting with one of the consumer credit counseling agencies listed at the end
of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this
meeting- The names addresses and telephone numbers of desi mated consumer counseling agencies for
tfu county in which your property is located are set forth at the end of this notice- It is necessary to
schedule only one face-to-face meeting. You should advise this lender/servicer immediately of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE
Your mortgage is in default for the reasons set forth later in this notice (see the 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/servicer, you have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Fund. 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 completed application to the Pennsylvania Housing
Finance Agency. Your application MUS'l be filed or postmarked within thirty (30) days of your face-to-
face meeting.
VOL 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. Funds 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 sou if you have met the time requirements set forth above. You will
be notified directly by the Agency of its decision on your application.
THIS NOTICE CONTINUES ON THE NEXT PAGE
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NO'T'ICE IS
FOR INFORMATIONAL PURPOSES ONLY AND SIIOIiLD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.
NATURE OF THE DEFAULT
The MORTGAGE debt secured by your property located at
26 LIME KILN RD CARLISLE, PA 17013
IS SERIOUSLY IN DEFAULT because:
I _ YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the tollowmg rnonths and the
following amounts are now past due:
a) Number of Payments Delinquent: 3
b) Delinquent Amount Due: $3,487.80
c) Late Charges: $279.04
d) Recoverable Corporate Advances: S108.80
e) Other Charges and Advances: $0.0
f) Less funds in Suspense: $69.76
g) Total amount required as of (due date): $3,805.88
2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable)
HOW TO CURE THE DEFAULT -You may cure this default within THIRTY (30) days from the date
of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO 'THE LENDEWSERVICER,
WHICH IS $3,805.88 PLUS ANY MORTGAGE P.AYYIENTS AND LATE CHARGES (and other
charges) WHICH BECOME DUE DURING THE "THIRTY (30) DAY PERIOD. Payments must be
made either by cashier's check, certified check, or monev order made payable to:
Regular Mail
Horri Servicing Corporation
P. O. Box 70829 Charlotte, NC 28272 - 0829
Overnight
Attn: Cash Central NC 4726
1100 Corporate Center Drive
Raleigh, NC 27607-5066
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this notice: (Do not use if not applicable)
THIS NOTICE CONTINUES ON THE NEXT PACE
Page 4
IF YOU DO NOT CURE THE DEFAULT
If you do not cure the default within THIRTY (30) days of this notice, the lendcn'servicer intends to
;;crcise its rights to accelerate the nwrtga c debt. This means tlmt the eutim outstanding ualaucc of this
debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly
installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF
THE DATE OF THIS LETTER, HomEq Servicing Corporation also intends to instruct its attorneys to start
a legal action to foreclose upon vour mortgaged propertv.
IF" HE MORTGAGE IS FORECLOSED UPON
The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lendedservicer
refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings
against you, you will still be required to pay the reasonable attomeys' fees actually incurred up to $50,00 -
However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees
actually incurred even if they are over $50.00. Any attorneys' fees will be added to the amount you owe
the lendedservicer, which may also include other reasonable costs. If von cure the default within the
THIRTY (30) DAY period, you will not be required to pav attornevs' fees.
OTHER LENDER/SERVICER REMEDIES
The Iendunservicer may also sue you personally for the unpaid principal balance and all othet sums due
ruder the Mortgage.
RIGHT 7"O CURE THE DEFAULT PRIOR TO SHERIFF'S SALE
If you haze not cured the default within the THIRTY (30) day period and foreclosure proceedings have
begun, you still have the ri ht to cure the default andprevent the sale at anytime up to one how before the
Sheriff's Sale. You may do so b paving the total amount then Past due Plus anv late chat cs other
charges then due reasonable attomeys' fees and costs connected with the foreclosure sale and any other
costs connected with the Sheriff's Sale asspecified in writing b the lender/servicer and b erformin , any
Other requirements under the mortgave. 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.
EARLIES"I'POSSIBLE SHERIFF'S SALE DATE;
It is estimated that the earliest date that such Sheriff's sale could be held would be approximately five (5)
months from the date of this notice. A notice of the actual date of the Sheriffs Sale wi ll be sent to you
before the sale. The amount needed to cure the default will increase the longer you wan. You may find out
at any time exactly what the required payment or action will be by contacting the lender/servicer.
HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE; OR MAIL
Name of Lender/Servicer HomEq Servicing Corporation
Address Attn: Account Research, Mail Code CA3345
P.O. Box 13716
Sacramento, CA 95853
Tdcphone Number: 1-800-795-5125
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 Sheriff's sale, a lawsuit to remove you and
your furnishings and other belongings could be started by the lender/servicer at any time.
ASSUMPTION OF MORTGAGE
1"ou may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt
THIS NOTICE CONTINUES ON THE NEXT PAGE
Page 5
YOU MAY ALSO HAVE THE RIGHT
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TI IF MOR"rGAGE DEBT, OR
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT;
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF,
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSfLION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. HOWEVER, YOU DO NOT HAVE THE RIGH'ITO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;
• TO ASSERT THE NON-EXISTENCE 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'SERVICER; OR
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE
ATTACHED TO THIS LETTER
If you received a discharge of the account through the Bankruptcy Court and if your account has not been
reaffirmed, the acceleration and sale will not result in your being held personally liable for thc debt and this
letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is
necessary to avoid foreclosure.
You are notified that this default, and any other legal action that may occur as a result thereof, may be
reported by HomEq to one or more credit reporting agencies.
Please take appropriate action with respect to the important matters discussed hcrein.
Sincerely,
HomEq Servicing Corporation
THIS NOTICE CONTINUES ON THE NEXT PAGE
Page 6
IMPORTANT DISCLOSURES
California
As required by law, you are hereby notified that a negative credit report reflecting on your credit
record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit
obligations.
Colorado
for information about the Colorado Fair Debt Collection Practices Act, see
www. anO. state. CO. us/CAB.HTM [web site maintained by the State of Colorado)
Homeowners' Emergency Assistance Program
CUMBERLAND COUNTY
Effective 8/18/2005 at 10:05:07 AM
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
(717) 334-1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
1 (888) 511-2227
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
(717) 232-2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
PHFA
211 North Front Street
Harrisburg, PA 17110
1 (800) 342-2397
HOMEQ SERVICING
DF785
November 4, 2005
GREG MINNIER
26 LIME KILN RD
CARLISLE, PA 17013
HOMEOWNERS NAME(S): GREG MINNIER
PROPERTY ADDRESS: 26 LIME KILN RD
CARLISLE, PA 17013
LOAN ACCOUNT NUMBER: 0322205790
CURRENT LENDER/SERVICER: HomEq Servicing Corporation
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific
information about the nature of the default is provided in the attached pages.
The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to
save your home. This notice explains how the program works.
To see if HEMAP can help you 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
counseling agency.
The name address and phone number of Consumer Credit Counseling Agencies serving your county are listed at
the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Aeencv toll free
at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869)
This Notice contains important legal information. If you have any questions, representatives at the Consumer
Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your
area. The local bar association may be able to help you find a lawyer.
LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION
OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA
HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEGIBLE P.ARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL
DERECHO A REDIMIR SU HIPOTECA.
HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt
and any information obtained will he used for that purpose.
THIS NOTICE CONTINUES ON THE NEXT PAGE
?°?y^ WACHOPIA
HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
• YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
• YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE
Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the
date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the
consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE
NEXT THIRTY (30) 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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this
notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The
names addresses and telephone numbers of designated consumer counseling agencies for the county in which your
property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting.
Advise this lender/servicer immediately only your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE
Your mortgage is in default for the reasons set forth later in this notice (see the 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/servicer, you have the right to apply for financial assistance from the Homeowners 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
completed 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. Funds will be disbursed by the Agency under
the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The Agency) has sixty
(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth above. You will be notified directly by the
Agency of its decision on your application.
THIS NOTICE CONTINUES ON THE NEXT PAGE
Page 3
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT
The MORTGAGE debt secured by your property located at
26 LIME KILN RD CARLISLE, PA 17013
IS SERIOUSLY IN DEFAULT because:
1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
a) Number of Payments Delinquent: 3
b) Delinquent Amount Due: $3,487.80
c) Late Charges: S418.56
d) Recoverable Corporate Advances: SI 15.24
c) Other Charges and Advances: $0.0
t) Less funds in Suspense: $348.80
g) Total amount past due as of (due date): $3,672.8
2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable)
HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this
letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS
$3,6718 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier s check, certified
check, or money order made payable to IlomEq and sent to:
Regular Mail
HomEq Servicing Corporation
P. 0. Box 70829 Charlotte, NC 28272 - 0829
Overnight
Attn: Cash Central NC 4726
1100 Corporate Center Drive
Raleigh, NC 27607-5066
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice
(Do not use if not applicable)
THIS NOTICE CONTINUES ON THE NEXT PAGE
Page 4
IF YOU DO NOT CURE THE DEFAULT
If you do not cure the default within THIRTY (30) days of the date of this notice, the lender/servicer intends to
exercise its rights to accelerate the mortea2e debt. This means that the entire outstanding balance of this debt will be
considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER,
HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action to foreclose upon your
mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON
The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your
case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will
still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings
are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if
they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also
include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be
reauired to pav attorneys' fees.
OTHER LENDER/SERVICER REMEDIES
The lender/servicer 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, vou
still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale You
may do so by paving the total amount then past due plus any late charges other charges then due reasonable
attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as
specified in writing by the lender/servicer and by performing any other requirements under the mortgage. Curing
your default in the manner set forth in this Notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE
It is estimated that the earliest date that such Sheriffs sale of the mortgaged property could be held would be
approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will
be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender/servicer.
HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL:
Name of Lender/Servicer HomEq Servicing Corporation
Contact Name PA Housing Response Specialist
Address 4837 Watt Avenue, North Highlands, CA 95660-5170
Attn: PA Housing Response Team
Telephone Number: 1-800-795-5125
FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq
that the homeowner met with the agency.
EFFECT OF SHERIFF'S SALE
You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to occupy
it. If you continue to live in the property after the Sheriff s sale, a lawsuit to remove you and your furnishings and
other belongings could be started by the lender/servicer at any time.
ASSUMPTION OF MORTGAGE
You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt
THIS NOTICE CONTINUES ON THE NEXT PAGE
Page 5
YOU MAY ALSO HAVE THE RIGHT
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT;
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF;
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE
YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;)
• TO ASSERT THE NON-EXISTENCE 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/SERVICER; AND/OR
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO
THIS LETTER
if you received a discharge of the account through the Bankruptcy Court and if your account has not been
reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is
not an attempt to collect a personal debt However, failure to pay the delinquent balance is necessary to avoid
foreclosure.
You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by
HomEq to one or more credit reporting agencies.
Please take appropriate action with respect to the important matters discussed herein.
Sincerely,
HomEq Servicing Corporation
Homeowners' Emergency Assistance Program
CUMBERLAND COUNTY
Effective 8/1812005 at 10:05:07 AM
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
(717) 334-1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
1 (888) 511-2227
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
(717) 232-2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
PHFA
211 North Front Street
Harrisburg, PA 17110
1 (800) 342-2397
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CASE NO: 2006-00900 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NATIONAL ASSO
VS
MINNIER SANDRA L ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MINNIER SANDRA L the
DEFENDANT , at 2051:00 HOURS, on the 24th day of February , 2006
at 26 LIMEKILN ROAD
CARLISLE, PA 17013 by handing to
GREG MINNIER, ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.40
Affidavit .00
Surcharge 10.00
.00
32.40
Sworn and Subscribed to before
me this ?IA*- day of
• ?ua.c4t, =2 Ott l? A. D.
Pro tary
So Answers:
R. Thomas Kline
02/27/2006
PLUSES BECKER SALTZMAN
By:
Deputy Sheriff
CASE NO: 2006-00900 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NATIONAL ASSO
VS
MINNIER SANDRA L ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MINNIER GREG A the
DEFENDANT , at 2051:00 HOURS, on the 24th day of February , 2006
at 26 LIMEKILN ROAD
CARLISLE, PA 17013 by handing to
GREG MINNIER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His 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 dfAf day of
A a W(, A. D.
i
Proth ary
So Answers:
zg?
R. Thomas Kline TF%
02/27/2006
PLUSES BECKER SALTZMAN
By.
Deputy Sheriff
SHERIFF'S RETURN - NOT FOUND
• CASE NO: 2006-00900 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WELLS FARGO BANK NATIONAL ASSO
VS
MINNIER SANDRA L ET AL
R. 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
, NOT FOUND , as to
the within named DEFENDANT TENANT/OCCUPANT
26 LIMEKILN ROAD
SLE, PA 17013
THERE WERE NO TENANT/OCCUPANTS OTHER THAN MINNIERS.
Sheriff's Costs: So answer - j
Docketing 6.00 % ?-
Service .00
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
21.00 PLUSES BECKER SALTZMAN
02/27/2006
Sworn and subscribed to before me
this al as day of711 v u?
ao-OG A.D.
Pr thonot
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberland (Eauntp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
Qo " 7 U0 CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573