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HomeMy WebLinkAbout06-5273GOLD$ECK McCAFFERTY & McKEEVER BY; JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKI AW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-WI 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff Vs. TERRI L. DOUTRICH Mortgagor and Real Owner 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant Term No. CIVIL ACTIOM: MORTGAGE F(ArCLORURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Q(. -- sarn e LCA I Z CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO bE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEER); CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, FSTA OFICINA PUEDE PROVEERI; INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.¢ov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our fine's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1245. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The name and address of the Defendant is TERRI L. DOUTRICH, 701 Belmont Avenue, Mechanicsburg, PA 17055, who is the mortgagor and real owner of the mortgaged premises hereinafter described. On October 29, 2004 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE COMPANY, LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1892, Page 3854. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-WI 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE by assignment of Mortgage, which is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property„) 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for March 01, 2006, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 02/01/2006 through 09/30/2006 at 7.0000% Per Diem interest rate at $12.30 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 03/01/2006 to 09/30/2006 Monthly late charge amount at $25.55 Costs of suit and Title Search Escrow Advance Fees Recoverable Balance Suspense Balance Monthly Escrow amount $139.69 $63,236.95 $2,976.60 $3,161.85 $281.05 $900.00 $773.34 $106.00 $30.00 -$385.66 $71,080.13 If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. , 8. Plaintiff is not seeking a judgment of personal liability (or and "in nersonam' judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $71,080.13, together with interest at the rate of $12.30, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: ,V( ?,• (;N K -- OLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Nanci Jimenez. 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 unswom falsification to authorities. Date: 6q- 06 - O(P anci Jimen , For losure Superviso AMERIQUE RTGAGE CONOLANY EXhibitA .a • FIDELITY NATIONAL TITLE INSURANCE COMPANY LEGAL DESCRIPTION File No. 0410-00938 Commitment No. 0410-00939 All that certain tract or parcel of land situate M Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with survey and plan thereof made by Gerrit J. Belt, Registered Surveyor, dated January 2, 1970, as folows: BEGINNNG at the Intersection of the Eastern line of Belmont Avenue and the Southern line of Maple Avenue; thence along the Southern [Me of Maple Avenue North 52 degrees 10 minutes East, One hundred Sixty-three and Twenty-seven hundredths (163.27) feet to a fence post, a comer, thence along the Western line of Windsor Piece South 26 degrees 45 minutes East, One hundred Twenty-two and Twenty-eight hundredths (122.28) feet to a fence post thence along Lots Noe. 14, 13, 10, 9 and 8 on the hereinafter mentioned plan of lots, South 62 degrees 10 minutes West One hundred Seventy-four and Ninety-throe hundredths (174.93) feet to an iron pin on the Eastern One of Belmont Avenue; thence along the same North 21 degrees 39 minutes West One hundred Twenty-five and Five hundredths (126.06) feet to the point and place of Beginning. Property Parcel Number 13-24-0786-088 OK I 892PG3870 E..X,hibit B P.O. Be ICON IIIINpIAIIAAIIIIIpIIItII111pIAlplllllpp Santa Ans. CA 93711-ION 7182 6389 3060 0816 3586 TERRI L DOUTRICH 701 BELMONT AVENUE MECHANICSBURG. PA 17053 gMORTGAGE SERVICES May 05, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Lose Nmber. 0065081796 Property Address: 701 BELMONT AVENUE, MECHANICSBURG PA, 17055 Or*" Leader: AMC Mortgagor Services, Inc. Coarsest Leded&rviar: AMC Mortgage Services, Im THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DDT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL RE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BZ CONSTRUED TO DE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. tosoeba. We is an e115dal astlna that the saetaame an year been Is is dd" nsd thn Iwir Intends to Somme Weraadou shout the utaro of tine dolanR is ambled In the attacked suss. T?HOMZOWND'S MORTGAGE ASSISTANCE PROGRAM (REMAP) any be able to bob to mare Year Yeas Title NWN enlabs beer the mreaea a woAu This Nation eoutdu iaportut legal Worst mL H you have u7 gmestlena, rgreaoutadm at the Consumer Croft Commenting Agency say be able to help explain IL You any de want to coaled u attorney in yov area. Tim local bar aseelaelem say be able to help you Dsi a lawyer. LA NOTMCACION IN ADJUNTO BE DE SU11SA IMPORTANCIA, PUSS AFECTA SII DERECHO A CONTINUAR VIVIENDO EN SII CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTB LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO Alm doing business u Debrrere AMC Mortgage Services, Ie., in the Odes of Tern, Rhoda bleed, and New Hsmpehue ARBIBA. PUBDES SBB ELIGIBLE PARA UN PRESTAMO FOR BL PBOGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" BL COAL PURDE SALVAR SII CASA DE LA PERDIDA DEL DERECHO A REDIMIR SII BH'OTECA. HOMLOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MARE FUTURE MORTGAGE PAYSOZNTS 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: a IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, : IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TRL PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, yun are entitled to a temporary pay of foreclosure mm your mortgage for thirty (30) days from the debt of this Notice. During that time yon mop manage and apend a ficeto-fice mating with one of the consumer credit coomselieg agencies limbed as the and of this Notice. THIS MORTGAGE UP TO DATE. APPLICATION FOR MORTGAGE ASSISTANCE - Yom mortgage is in a ddnh for the reasons set fisrth labor in this Notice (me following pages for specific Motmatiun about the spore of your dehah.) V yon have tried and are unable a resolve this problem with the leader, you have the right to apply for SmacW amisnnce from the Homawwaer's Emergency Mortgage Assistance Program. To do a% yon map fill out, rip and Me a completed Homeowner's Emergency Assurance program Application with one of the designated eomamor croft connecting agencies listed at the ed of this Notice. Only comama credit consisting agencies have applications for the progmm and they will amist you in submitting a complain application to So Peamylveaia Housing Finance Agency. Yom application MUST be Hied or pommmhd 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 1MMEDIATZLY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available fide for emergency mortgage aswlma are very limited. They will be disbursed by the Agency Hades the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency ban misty (60) days to make a decision after it receives you mpptiatim Daring that time, no foreclosure proceedings will be pursued against you Vyen have met the time requirements rat forth above. You will be notified directly by the Pennsylvania Housing Fmena Agency of its decision on year application. thceao-Sme meeting. Advise year hordes i an dia * of your inlemtlons. May 05, 2006 Loan Number: 0065081796 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (I yon have filed banlvuptey yea can s1R sMy for Emeryenty Mortgage Assidame.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it an to daml NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on you property located at: 701 BE LMONT AVENUE, MBCHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT became: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following moMb and the following amounts am um pad due: 03101/06 thm 05101106 at $565.49 per moedb Monthly Payments pks late charge or other foes: $1895.32 Total Amopat to Chen Default: $189532 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do net an H not aundeable): N/A HOW TO CURE THE DEFAULT --You may cue the debnlt within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH 18 SI595.32 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mad be made either by cook cuhier's check, certified check or money order made payable and sued b• AMC Modgage Services 505 City Folkway Wed, Sate 8100 Orange, CA 92868 You can cue any other default by taking the following action with(n THIRTY (30) DAYS of the date of this letter: (Do not we if ant aooliabW N/A Too THE DEFAULT-If you do not cue the ddauh within THIRTY (30) DAYS of the date ler mbnds to exereise its ddb to accelerate the nwrtauau debt. This meansthet the CatiR this debt will be considered due immediately and you may lose the cbonoe to pay tke eWtlmenU. If fall payment of the WW amount put due is not made within THIRTY (30) islands to instruct its attorneys to start legal action to foraeluse oW year morhaand IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. H dw tandm raters your case to hs albruM but you cue the delbqueacy beFme the leader begins legal proceedings against you, you will Will be regabod to pay the roooomble adomay's fsus that wero actually incurred, up to $50.00. However. if legal proceedings an puled against you, you wig have to pry all reasonable attorney's Bea actually mmsmil by the leader gran if they exceed $50.00. Any goo mey's lose will be added to the amount you owe the lender, which may also mclade other reasonable casts. If ys aura the defauD within the THIRTY (30) DAY period, you will sot be roauieed to pay stbrmy's Seou OTHER LENDER REMEDIES - The leader may also am you personally for the unpaid principal balance and all other s®s due alder the mertpge. - If you have not grad the ddauh within ..,,..I. ouri'mmma ear other agmaments under the morigaee. Cartel year default is the manner set forth In this noties will ream year mortgage to the sue position as It you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the eadiesl date that each a Sheriffs Sale of the mongsged property could be held would be approximately (6) MONTHS hom the deft of this Notice. A notice of the acres] date of the Sheriffs Sale will be sum to you begone the sale. Of worse, the amount needed to care the default will Mnerean the longer you wait. You may find out at any time exactly who the required payment or action will be by contacting the leder. AMC Mortgage Services FO Ban 11000 Santa Ana, CA 92711-1000 Phone Number 000-120-5262 Fax Number 714347.027 EFFECT OF SHERIFFS BALE - You ehoaid maliu that a Sheriffs Sale will end your ownership of the mortgaged property and year right to occupy it. If yon continue to live in the properly after the Sheriffs Sale, a lawmit to remove yea ad year famhhinp and other belongings could be started by the lender at nay time. ASSUMPTION OF MORTGAGE -- You _ may or R may net (CHECK ONE) all or transfer your home to a buyer or tmasleree who will assume the mortgage deb, provided that all the masuodin0 psymems, changes and attorney's fns and was are paid prim to or at the role and that the other regal mems tithe mortgage arc satisfied. YOU MAY ALSO HAVE THE RIGHT: : TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. : TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. a 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 TAMES IN ANY CALENDAR YEAR.) a TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, a TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. : TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very Truly Yuan, AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0065081796 Mailed by lot am Mail and by Certified Mal Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Lingleatown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial 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 to" n ql? In vi Of a) Y ? N c7 Cy. ? i f7 5 7, r^ ? v J 7 -, ? l ?'rr DEUTSCHE BANK NATIONAL TRUST COMPANY, AS : IN THE COURT OF TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC.: COMMON PLEAS OF ASSET-BACKED PASS THROUGH CERTIFICATES :CUMBERLAND COUNTY SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF :CIVIL ACTION-LAW OCTOBER 1, 2004, WITHOUT RECOURSE Plaintiff : 06-5273 Civil Term VS. TERRI L. DOUTRICH, Defendant ANSWER 1. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. March payment was paid in full to the Plaintiff, and subsequent months' payments were offered to the Plaintiff which offers were rejected. 6. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment, and proof thereof is demanded at trial. 7. Denied. Averments are legal conclusions for which no answers are required. 8 Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 9. Admitted. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and judgment entered for the Defendant. MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer Attorney for Defendant VERIFICATION The Defendant, TERRI L. DOUTRICH, verifies that the statements made in the above Answer are true and correct. The Defendant understands that false statements herein are made subject to the penalties of 18 PA C.S. §4904, relating to unsworn falsification to authorities. Date:/6 [y - ?o 0,4 :::? TERRI L. DOUTRICH CERTIFICATE OF SERVICE 1, Geoffrey M. Biringer, being a Member in good standing of the Bar, hereby state that I served a copy of Defendant TERRI L. DOUTRICH's Answer by placing same in the United States Mail, postage prepaid to the following person and at the following address: Joseph A. Goldbeck, Jr., Esquire Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Date: Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup.Ct.ID#18040 c. -Ti =r -TI i - 7fT C- 0`1 i Ci's [ I - NA. GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-5273 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment Identify counsel who will argue cases: (a) for plaintiff Lisa A. Lee. Esquire (Name and Address) Suite 5000- 701 Market Street. Philadelphia PA 19106 (b) for defendant: Geoffrey M. Birin eg r, Esquire (Name and Address) 401 E. Louther Street, Suite 103, Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Lisa A. Lee, Esquire Print your name Date: October 17, 2006 O ?t J Uri; Li i "? GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center ATTORNEY FOR PLAINTIFF 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-5273 TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-Wl 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE (hereinafter "Plaintiff'). 2. Defendant is TERRI L. DOUTRICH (hereinafter "Defendant"). 3. Plaintiff filed its Complaint in mortgage foreclosure on September 08, 2006. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant filed an Answer on or about October 6, 2006, which does not raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibits B. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiff's Complaint. See Plaintiffs attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER Ift LISA A. LEE, ESQUIRE ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. Lee, Esquire Attorney I.D.#78020 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-5273 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Dana A nosa.r being duly sworn according to law, deposes and says: 1. I am the Authorized Agent for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendant, TERRI L. DOUTRICH, made, executed and delivered a Mortgage upon the premises, 701 Belmont Avenue, Mechanicsburg, PA 17055, on October 29, 2004 to ARGENT MORTGAGE COMPANY, LLC. 4. The mortgage is held by Plaintiff. 5. The Mortgage is in default because monthly payments of principal and interest due March 01, 2006 and each month thereafter are due and unpaid. At no time from March 01, 2006 to the present have the Defendants tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B" to Plaintiffs Complaint. The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 02/01/2006 through 09/30/2006 at 7.0000% Per Diem interest rate at $12.30 Reasonable Attorney's Fee Late Charges from 03/01/2006 to 09/30/2006 Monthly late charge amount at $25.55 Costs of suit and Title Search Escrow Advance Fees Recoverable Balance Suspense Balance Monthly Escrow amount $139.69 $63,236.95 $2,976.60 $3,161.85 $281.05 $900.00 $773.34 $106.00 $30.00 -$385.66 $71,080.13 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: before met " () day: of 2006: ?AVl? Y Notary Public Doses Authorised Agent M?.REVE?L?Efi?y? N COMM. ? 14122 N01ARVPt0WCALVMA ORANGECO1INTV ?( my romm axp'w Sept 30.20W(17 GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004- W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 EXHIBIT LIST A. Complaint B. Answer C. Mortgage D. Note ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-5273 E. Transaction History EXHIBIT "q " I HEREBY CERTIFY THAT THIS IS A TRUE AND C(,)RRECT COPY OF THE OR GINAL FILED _ _nixq n,{1('(, q DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. TERRI L. DOUTRICH Mortgagor and Real Owner 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION'. ?O?EGI--C??Ufi4E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC _- 8 Irvine Row " . r Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION - 2 Liberty Avenue t - Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES n 1 KC ULM LA UUK 1 L hIN t' UN-MA t 6k B PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE 1NFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will bemailed to the addre-ss-that-you request or faxed-if you leave -a - message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1245. - -_-•_-- _. _ ..__. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. 1. Plaintiff is D MO 20 1 , I 1 0 , WI7 MU%LfL TRUST COMPANY, AS TRUSTEE OF ARGENT S -BACKED PASS THROUGH CERTIFICATES SERIES AND SERVICINFjHM8VlMRUFYhCHATM3JWBER 505 City Parkway VVAs1 PAJEANrr,i@ i2i&'DfW.Y OF THE ORIGINAL FILED 2. The name anc f%e Defendant is TERRI L. DOUTRICH, 701 Belmont Avenue, Mechanicsburg, PA 17055, who is the mortgagor and real owner of the mortgaged premises hereinafter described. On October 29, 2004 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE COMPANY, LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1892, Page 3854. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE by assignment of Mortgage, which is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for March 01, 2006, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 02/01/2006 through 09/30/2006 at 7.0000% Per Diem interest rate at $12.30 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 03/01/2006 to 09/30/2006 Monthly late charge amount at $2-5.55, Costs of suit and Title Search Escrow Advance Fees Recoverable Balanee $63,236.95 $2,976.60 $3,161.85 $281.05 $900.00 $773.34 $106.00 _ $30.00 Suspense Balance -$385.66 Monthly Escrow amount $139.69 $71,080.13 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess- of the_ amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or and "in person am" judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $71,080.13, together with interest at the rate of $12.30, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By:lr? OLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Nanci Jimenez, 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 unworn falsification to authorities. Date: -O Cl - a 6 - D (119 - V?JWM - Nanci Jimen z, For losure Superviso AMERIQUE RTGAGE CO ExthibitA ?; FIDELITY NATIONAL TITLE INSURANCE COMPANY LEGAL DESCRIPTION File No. 0410-00939 Commitment No. 0410-00939 All that certain tract or parcel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with survey and plan thereof made by Gerrit J. Belt, Registered Surveyor, dated January 2, 1970, as follows: BEGINNNG at the Intersection of the Eastern line of Belmont Avenue and the Southern line of Maple Avenue; thence along the Southern line of Maple Avenue North 52 degrees 10 minutes East, One hundred Sixty-three and Twenty-seven hundredths (163.27) feet to a fence post, a comer, thence along the Western line of Windsor Place South 26 degrees 45 minutes East, One hundred Twenty-two and Twenty-eight hundredths (122.28) feet to a fence post; thence along Lots Nos. 14, 13, 12, 11, 10, 9 and 8 on the hereinafter mentioned plan of lots, South 52 degrees 10 minutes West One hundred Seventy-four and Ninety-three hundredths (174.93) feet to an iron pin on the Eastern line of Belmont Avenue; thence along the same North 21 degrees 39 minutes West One hundred Twenty-five and Five hundredths (125.05) feet to the point and place of Beginning. Property Parcel Number 13-24-0795-088 PK 1892PG3870 Ex, Fi6it (B P.O. Box 110°0 Ill oil 1111111111111111111 IIII III 11111111111111111111111111 Santa Ana, CA 92711-1000 7182 6389 3060 0816 3586 TERRI L DOUTRICH 701 BELMONT AVENUE MECHANICSBURG, PA 17055 " MORTGAGE SERVICES May 05, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: 0065081796 Property Address: 701 BELMONT AVENUE, MECHANICSBURG PA, 17055 Original Lender: AMC Mortgage Services, Inc. Current LenderlServicer: AMC Mortgage Services, Inc THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the natare of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help you mast 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 von have any auestioas, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. H 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 INMEDTTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire. ARRIBA. PVEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PVEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: z IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, z IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND = IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 (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 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 prcerty 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 a 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 511 out, sign and Me 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 the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. May 05, 2006 Loan Number: 0065081796 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it so to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 701 BELMONT AVENUE, MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 03/01/06 thrd 05/01/06 at $565.49 per month Monthly Payments plus late charge or other fees: $1895.32 Total Amount to Cure Default: 51895.32 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): NIA HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1895.32 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: AMC Mortgage Services 505 City Parkway West, Suite #100 Orange, CA 92868 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.) NIA 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 leader inteads to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose open your morteaged roe IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you care the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender -even if they exceed 550_00: Any_ayQrnsy'S_fe?s will be. ._ added to the amount you owe the lender, which may also include other reasonable costs. If you care the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cared the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the fnrxAnan enln and - Mh.r -A. -..t*.A -A'116 ,hn Qlk.AfF. Q.1. ..n-n..-UZAA :..1 _ _ _ _ _ _ __ _ _...... _ _.... _ [.wOKMCrlaoa wrforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 800-430-5262 Fix Number 714-347-5037 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 will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: x 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. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. : TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) : TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. : TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very Truly Yours, AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0065081796 Mailed by 1st Class Mail and by Certified Mail ...U Or1- Homeowners' Emergency Assistance Program CUMBERLAND COUNTY 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 Captial 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 EXHIBIT "C „ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS : IN THE COURT OF TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC.: COMMON PLEAS OF ASSET-BACKED PASS THROUGH CERTIFICATES :CUMBERLAND COUNTY SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF :CIVIL ACTION-LAW OCTOBER 1, 2004, WITHOUT RECOURSE Plaintiff : 06-5273 Civil Term vs. TERRI L. DOUTRICH, Defendant ANSWER 1. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. March payment was paid in full to the Plaintiff, and subsequent months' payments were offered to the Plaintiff which offers were rejected. 6. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment, and proof thereof is demanded at trial. 7. Denied. Averments are legal conclusions for which no answers are required. 8 Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 9. Admitted. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and judgment entered for the Defendant. MIDPENN LEGAL SERVICES Jt" . j?Z4 By: Geoffrey M. Biringer Attorney for Defendant VERIFICATION The Defendant, TERRI L. DOUTRICH, verifies that the statements made in the above Answer are true and correct. The Defendant understands that false statements herein are made subject to the penalties of 18 PA C.S. §4904, relating to unsworn falsification to authorities. Date:/6 ev -- () 60 TERRI L. DOUTRICH CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a Member in good standing of the Bar, hereby state that I served a copy of Defendant TERRI L. DOUTRICH's Answer by placing same in the United States Mail, postage prepaid to the following person and at the following address: Joseph A. Goldbeck, Jr., Esquire Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Date: ,Io l4i5? /a?' Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup.Ct.ID# 19040 EXHIBIT "C 99 Dq(d-bo9?q 4; cl-Vt UNITED FINANCIAL RCCERT P• "IEGL 1^T F. ZIE?0 L !' , S tSerwe, 2nc. PE-CO DE C P 400 KEYS TONE INDUSTRIAL PK #2 CUMF1 ;,LX11- C^CL". ?.•"..-.L.`. DUNMORE PA 18512 11H By???gA )?'t AWAQgq- o n3fiM 10 5.4urn To: Darrin Greases Argent Mortga Company, LLC 333 Westchester Avenue, 1st P.O. Box 14 , Floor,White Plains, NY 10604 Orange, C 92863-1530 Parcel Number: 13-24-0795-088 ]Space Above This Use For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)'Security Instrument" means this document,which isdated October 29, 2004 , together with all Riders to this document. (B) "Borrower" is TERRI L. DOUTRICB Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Argent Mortgage Company, LLC Lender is a Limited Liability Company 0065081796-9604 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 1101 ®-6(PA) boos) 'S Pagel of 16 -. 10/29/2004 6:24:01 VMP MORTGWIE FORMS . (600)521 7201 BK 1892PG3854 organized and existing under the laws of Delaware Lender's address is One City Boulevard West Orange, CA 92868 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated October 29, 2004 The Note states that Borrower owes Lender sixty-four thousand and 00/100 Dollars (U.S. $64,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1, 2034 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) '71;iders" 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 F-1 Condominium Rider 0 Second Home Rider Balloon Rider 0 Planned Unit Development Rider ? 1-4 Family Rider Q VA Rider 0 Biweekly Payment Rider Q Other(s) (specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "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 Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (IC) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any 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" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 0065W96 - 9604 Mau: , ?-6(PA)rooos> aap.2of Is 10/29/2004 :24:01 Form 3039 1101 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County rrype of Recording Jurisdiction] of CUMBERLAND (Name of Recording Jurisdiction]: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF: which currently has the address of 701 BELMONT AVENUE Ism] MECHANICSBURG [City], Pennsylvania 17055 (Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." 006508V 6-9604 aawc B(PA)(oooe) Paps3 orte 10/29/2004 6:24:01 X3038 1/01 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow 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 Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or 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. Lender 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 return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (e) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 00650 96 -9604 Mitld -6(PA)roooet PaS94of 10 10/29/200476:24:01 Form 3039 1101 892PG3857 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may 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 application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be. an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 00650W46 -9604 -6(PA)poo5l P"O5W16 10/29/2004 6:24:(11 F?3039 1101 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.• If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the 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 determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the terra of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time 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 Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 0065081796-9604 ®®6(F'A)roooet pegs 6W16 10/29/2004 :24:111 Fem13039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 006508;796 -9604 ®-G(PA)pooe) Pap7of16 10129/2004 6:24:01 Form3039 1101 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 -days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property, Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 0065081].- -9604 (M -B(PA)pooe) Pape of Is 10/29/20046:24:01 Form 3039 1101 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lander takes 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 that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 0065081 6-9604 wfa. -6(PA) pooa) fte9ofIs 10/29/2004 6: 4:01 Form 3039 1101 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken 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 such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event 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 Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums 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 sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 0065091 96-9604 ®-B(PA)(oooe) P"" "o 10/29/2004 :24:01 X3039 1101 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property 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 in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time 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 for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-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 shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges 4ollected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 0065081796-9604 irwilaw O 4C-8(PA)mooe; P`00 71afta 10/29/2004 6:24:01 Form 3039 1/01 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 00650817 6 -9604 ® 6(PA);oaoe; fts12011e 10/29/2004 6:24:01 X3039 1101 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 interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such 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 party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 006508_l,?.g6 -9604 Ntlat ®-6(PA)toooe) raa.taof'a 10/29/2004 6:24:01 Form 3039 1101 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, 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 the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 19 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure, if the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the 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 benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money 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 that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 00650816 -9604 -6(PA) poos) Page 14of78 10/29/2004 6:24:01 Form 3039 1/01 3867 r BY SIGNING 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 it. Witnesses: (Seal) TRRRT L- DOUTRICS -Borrower Certificate of Reside ce 1 , / 1, / ? f A'd yn V fK e"' , do hereby certify that the correct y the ,I-' known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: colvlMOrlw ?? Notarial Seal Kay L. Yarnell, Notary Public V/W Hempfidd Twp.t Lancaster My Commission Expires May 20. Member, Pawq* mfa Amdatian of Nofaalss IIIYIIIIIII 40D-15PA (4K ,-?4ttf ? .V ain? v' uAPnof AA ? IMUc it a of r Paso 16 of to 0065081796 - 9604 10/292004 6:24:01 AM BK i 892PG3869 COMMONWEALTH OF PENNSYLVANIA CWAM Off" County ss: On this the pg 9 day of QChh Dag before me, Day FIDELITY NATIONAL TITLE INSURANCE COMPANY LEGAL DESCRIPTION File No. 0410-00939 Commitment No. 0410-00939 All that certain tract or parcel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with survey and plan thereof made by Gerrit J. Betz, Registered Surveyor, dated January 2, 1970, as follows: BEGINNNG at the Intersection of the Eastern line of Belmont Avenue and the Southern line of Maple Avenue; thence along the Southern line of Maple Avenue North 52 degrees 10 minutes East, One hundred Sixty-three and Twenty-seven hundredths (163.27) feet to a fence post, a comer, thence along the Western line of Windsor Place South 26 degrees 45 minutes East, One hundred Twenty-two and Twenty-eight hundredths (122.28) feet to a fence post; thence along Lots Nos. 14, 13, 1Z 11, 10, 9 and 8 on the hereinafter mentioned plan of lots, South 52 degrees 10 minutes West One hundred Seventy-four and Ninety-three hundredths (174.93) feet to an iron pin on the Eastern fine of Belmont Avenue; thence along the same North 21 degrees 39 minutes West One hundred Twenty-five and Five hundredths (125.05) feet to the point and place of Beginning. Property Parcel Number 13-24-0795-088 BK 1892PG3870 ADJUSTABLE RATE RIDER (LIBOR Six-Month-Index (As Published in the Wall Street Journal)- Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 29th day of October, 2004 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower') to secure Borrower's Adjustable Rate Note (the "Note") to Argent Mortgage Company, LLC the "Lender") of the same date and covering the property described in the &curily Instrument and located at 701 BELMONT AVENUE, MECHANICSBURG, PA 17055 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.000 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of December, 2006 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in the Wail Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. Loan Number: 0065081796 - 9604 e10-1 (Rev IM) Page 1 of 3 Initials -l [.J 10129!2004 6:24:01 AM BK 1892PG387 I 0 ,1. . (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding six percentage points ( 6.000 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.126%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.000% or less than 7.000%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One(1.000 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.000)% or less than 7.000)%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of m)v new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. IF) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as foilows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest In the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. Loan Number. 0065081796 - 9604 610.2 (Rev V01) Page 2 of 3 Inhials_ 10129/2004 6:24:01 AM Bit ! 892PG3872 ti .. a If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by. Lender if such exercise Is prohibited by federal law. Lender also shall not exercise this opon it. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security instrument is acceptable to Lender. To the extent miffed by Applicable Law, Lender may charge a reasonable fee as a condition to Lenders consent to the ban assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less m the date the notice is given in accerdance with Section 15 within which than 30 days fro Borrower must pay a? sums secured by this Security Instrument if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ZTERRI (Seal (g?? rr oOUTRICH Borrower (Seal) (Seal) Borrower Borrower I Certify this to be recorded In Cumberland County PA Loan Number. 0065081796 - 9604 Recorder of Deeds etoa Rtw vol) Page 3 of 3 10!29/2004 6:24:01 AM 8K i 892PG3873 'EXHIBIT "D " Loauaber 0065081796 - 9604 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMBS THE AMOUNT MY INTEREST RATE CAN CHANGE; AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVSSOOK October 29, 2004 V*Ae Plains NY Pafal tCityl WSW 701 BELMONT AVENUE, MECHANICSBURG, PA 17055 1. BORROWER'S PROMISE TO PAY In return fors loam that l have necelved, I promise to pay U.S. 3 64,000.00 {this amount is +caled 'P?irctPen. Pig Interest, to the order of the LWKW. The Lender Is Argent Mortgage Company, LLC . I underaiand that the Lender may transfer this Note. The Lendw or anyone who takes this Note by transfer and who Is entitled lc receive payments under this Note is called the "Note Folder." 2. INTEREST Interest will be dhatged on unpaid principal until the full amount of prindpai has been pold. I will pay Interest at a yearly tale of 7.000 %, This interest rate i wfR pay may change In accordance with section 4 of this Nola. The Interest rata required by this $action 2 and Section 4 of this Note Is the rate l will pay both before and aW any default desalhed In Section 7(8) of this Note. PAYMENTS (A) Thus and Plaits of Psymwents h will pay principal and Interest by making payments every month. I Will make my monthly payments on the flat day of each month beginning on January 1, 2005 1 will make these payments every month untl i have paid all of the principal and Interest and any other charges desalbed glow that I may owe under this Note My monthly payments will be applied to Interest before prIncoml. If, on December 1, 2034 , I still owe amount, under this Note, I will pay those amounts In full on that date, which Is called the mattt ty date. I will matte my payments at 50.5 City Parkway West, Suits 100, Orange, CA 62888 or at a different piece 9 required by the Nola Holder. (B) Amount of My initial Monthly Payments Each of my Initial monthly payments will be In the amount of U.S. a 425.80 . This amount may change. (C) Monthly Payment CIM90s Changes In my monthly payment will reflect changes In the unpaid pinch* of my loan and In the Interest rata that 1 must pay. The Note Folder will determine my now Interest rate and the changed amount of my monthly payment In accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rats 1 wig pay may change on the first day of December, 2006 , and on that day every sixth month thereafter. Each date on which my Interest rate could change is called a "Change Date" {B) The Index interbank offwith the W ered rates for sg bec moDole, nth U SInterest rate will . doMr-dens mated based on an Index The "Woe is deposits in the London the avtrage of market ("L18dE2"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before the Change Date is called the "Currant Index" If at any point in time the Index is no longer available, the Mote Holder will choose a new Index that is based upon comparable information. The (Nobs Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding six percentage polat(s) { 6.000 %) to the Current Index. The Note Holder will than round the result of this addition to the nearest she-eight of one percent (0.12596). Subject to the knits stated in Section 4(D) below, this rounded amount will be my new interest no until the nerd Change Data The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal than h am expected to owe at the Change Date In fill on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment trt'? 2,-VA0kV CUM 100 1 or seraaoh AM n Number: 0065081796 - 9604 (D) Limits on Interest Rafe Changes The not be 7 Thereaafter, my 3 terest craft wig new be ffirst ion ased or d will ecreasedd o greater single Ch aave Da be y more than One percentage po"s) 1.000%) from the rate of interest 1 have been paying for the preceding abc months. My Interest rats will now be greater than 13.000 % or less turn 7.000 %. (E) Effective Date of Ganges My new Interest rate will boom* effective on each Change Data. I will pay the amount of my new monthly payment be nning on the tint monthly paymertt date after the Change Date until the amount of my monthly payer changes agate (F) Notice of Changes The Nate Holder will de0ver or slag to me a notice of any changes In my interest rare and the amount of my monthly payment before the effective date of any change. The notice will include Information required by law to be given me and also the We and telephone number of a person who will answer any question i may have regarding the notice. 5. PREPAYMENT PRmLEGE I may repay all or any part of the principal balance of this Note in accordance with the terms of thls Section. A "prepaym ear Is any amount that I pay In excess of my regularly scheduled payments of principal and Interest that the Lender will apply to reduce the outstanding principal balance on this Note In accordance with thla Section. (A) Prepayment Made Three (3.00) yaar(s) After the Date of this Note, I A-10 not have to pay a prepayment charge If I make a prepayment on the Three (3.00) year anniversary of the date this Note Is executed, or at any time thereafter. (B) Prepayment Made Within Three (3.00) year(s) of the Date of this Noss If the original principal balance of my ban exceeds $50,000.00, i win pay Lender a prepayment charge if, in any twelve (12) month period before the Three (3.00) year anniversary of the date this Note is exemxiled. i prepay more than 20% of the original principal balance of this Note. The prepayment charge wNi be sic (6) months interest, at the rate then in effect on this Nobs, on the amount in excess of 20% of the original principal balance that I prepay within such 12 month period. (C) Applicaffon of Funds I agree that wtnen I Indicate In writing that i am making a prepayment, the Lender shall apply hinds it receives fist to pay any prepayment charge and next In accordance with the order of application of payments sat forth In Section 2 of the Securtly Instrument (D) MorMly Payments If I make a prepayment of an amount less than the amount needed to completely repay all amounts due umber tnla Note and Security instrument, my regularly scheduled payments of principal and interest will not charge as a result: 8. LOAN CHARGES If a law, which apples to this ban and which sets maximum ban charges, Is finally interpreted so that the Interest or other loan chargers collected or to be collected In connection with Innis loan mmesd the permitted limits, then: (I) any such loan charge stall be reduced by the amount necessary to reduce the charge to the permMed and (0) any sums ready collected from me which mmeded permitted Ilmits will be rued to me The Note Holder may choose to make this refund by reducing the principal I owe tinder this Note or by maidng a direct payment Io roe. If a refumd reduces then principal, the reduction will be treated as a partial limparyment 7. BOIMWEMS FALURE TO PAY AS REQUIRED (R) Labe Charges for Overdue Payment If the Note Holder has not received the AA amount of any monthly payment by the end of fifteen under days alter the data it is due, I wig pay a late charge to the Node Holder: The amount of the charge will be 6.000% of my overdue payment of prim and Interest. I will pay this Isle charge promptly but only once on each late payment (a) Default If I do not pay the full amount of each monthly payment on the date it Is due, I will be In deleta (C) Notice of Default If l am In default, the Note Holder may send me a written rake telling rye that if 1 do not pay the overdue amount by a certain date, the Mote Holder may require me to pay brrnedlaley the hull amount of principal which has not been paid and all the interest that I owe on tint amount. The date must be at least 30 days after the data on which the notice is delivered or malled to me. (D) No Waiver by Note Bolder Even if, at a tine when I am in defauti, the Note Holder does not requie me to pay immediately In hug as described above, the Note Holder will still have the runt to do so if I am In default at a tenor drne. (i:) Payment of Note HokWs Costs and Expenses if the Note Holder has required me to pay Immediately In full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include. for example, reasonable atdameysf fees. 8. GIVING OF NOTICES Unless agile law requires a different method, any notice that must be given to me under this Note will be given by delivering t or by me" I by first class mail to me at the Property Address above or at a ditferent address if I give the tote Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing t by first class mail to the Note Holder at the address stated In Section 3(A) above or at a different address If I am given notice of that different address, 2"A (F.a. OUM 2013 lnk7abs 10r29r1004 84:01 AM Amber 0066081796 - 9804 S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs We Note, each pmon Is fully and personally obliptad to keep all of the promises made in this Note, Including the promise to pay to fop amount owned. Any person who is a guarantor, surety or endorser of this Note Is also obligated to do Uwe things. Any person who Was over these obligations, hoarding the obligations of a guarantor; surely or endorser of this Note, is also obligated to keep all of the promises made In Oft Note. The Note bolder may enforce its rights under this Note against each person Individually or against all of us together. This means that any one of us may be required to pay all of the amounts awed under this Note. 10. WAIVERS I and any other person who has obligations under this Note wen the rights of and MOM of dishonor. 'Presertrnent" Mom the right to require the Note Holder to demand payment of amounts due. "Notice of Dlstror>W means the right to require the Note Holder to give notice to other persons thatanwunts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a unNorm Instrument with Iimked variations In some Jurisdictions, In addition, to the protections given to the Note Holder under this Note, A Mortgage, Deed of Trust or Security Deed (the "Security instrurnant'), cued the same as this Note, protects the Note Holder from possible tosses which might result If I do not keep the promises that I make in this Note. That the Security Instrument describes how and under what conditions I may be required to make Immediate payment In full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a BeneWai Interest In Borrower. It all or any part of the Property or any Interest in it is sold or (or if a beneficial Interest In Borrower is said or transferred and Borrower is not a natural person) without the Lenders prior written consent, tender Wray, at Its option, require Immediate payment In fiA of sit sums secured by this Security kistrurrbrt. However, this option shah not be exercleed by Lender If essrolse is prohibited by Worst law as of the date of this Security Instrument. Lender also shall not exercaee this option It (a) Eonower causes to be submitted to lamer Idormnation required by Lender to evaluate the Intended Inenslaree as N a now loan were being made to the transferee; and (b) Lander reasonable determines that Lender's security will not be ImpaLred by the loan assumption and OW to risk of a breach of any cu t or agreement in thts Security Instrument is acceptable to Lender. To the extent permitted by applicable bow, Lender may charge a reasonable fee as a condition of Lender's consent to the ben assumption. Lender may also require the trenskee to sign an assumption agreement that is acceptable to launder and that cabs the transferee b keep all the promises and agreements made In the Note and In this Sec urhy Instrument Borrower will ccritinue to be obligated under the Note arid this Security Instrument unless Lender releases; Borrower in wrong. S Lender e7redus the option to require Immediate payment in full, Lender shall give Sonower notice of a teraUon. The notice shell provide it period of riot less than 30 clays from the date the notice Is delivered or mated within which the Borrower must pay all sums secured by this Security Instrument If Bomawrer fills b pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. repayment of dagreements, c for t omxtend, b dNyyrenemoney, ext" craft or w or waive such r. sire not *n1br slot, This written agreer;,erti contains ail the berms the Bonvaer(s) and the tender have agreed to. Any subssqmd agreement between us regarding this Nobs or the Insftmerd which secures this Note, must be In a signed writing to be IegaNy enforceable. WITNETS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Borrower TERRI Iw ootlTRICH (Seal) Boncwer (Seap sorrOwer ts??n Borrower 2WVAW.v GM 30(3 10r18i2004e201 AM EXHIBIT 66 F 99 O O ? ? O O O O O O O O O N ? ? a ? N ? 7 ? ? 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A to O Go ? w m m W a N Go 00 to O1 m O to O1 W W M m CI m w i. o W w Of p? W tw b. m to Oi Ge W w A tP ? ew O W N tli W ? s N ?p N T N O OD N Ol A N ? 00 w O! Oo Oo w? Oi Oo W A A v A A N ? S N O (a W O O I p d' ? o r» ? N en B °o a °o ?(.A? N O? w w 00 T a w Ou (li S m Oo N ? m (T ? y W N T `n W O N OOf fn w Oe (T T w W N 6i ((.ql W N ? Fn (J 0? N Oi do w O? UI m ? S S N ? d+ N N N m n N (li S w u N N W `n w N N S v+ w N N ? ? N N ? L'f S O 8 H O S an ? O W N (q O S (q O p O iR O p O *» O p O ? ? N ? U N tNli w (t(JJJ?i? N ? O S tl? N (!i lT (NN? U pO S M ? ? O N (J? N N m S $' N o fn g ? x' (T S U o N a N S N $ N S a ? 3 D w 0 m N m O I? 1 m 2 D a7 n T m m v A V O -< < N v m z T m m v TI O m A ? { uZi v m Z D w w M w m O S m 2 D A m p p N T o A O w C A m A m { 2 N A p Z A D Z O m D o z " -? D X D O y Z m T m m A O x { Zi v m z ? n 0 N N m O 5 -I m 2 ? p m m m ? .? O T m m < - -< N V m Z D O V a1 O m m A , < y v M Z m m v D O m A O x m A A m o. z Z mm m D O Z w T m m D n N [mii w m O m p D m T m m m A O 7c m D v A m z O m m "? 7] O T m A { Z w n Z D w W fn m O 5 m m 0 p x D m D N 0 w m O 5 m m 0 p x D m "? c Z O w p w c w v m Z m N O p m p F TI m < ?^ N T m M Z w m Z m T m m A y m D { z fl, v D p x m m D -< Z .a D v 0 w W m O m m p 2 D m D O< D Z m D 0 w w w M O m m p x D m R S O # 7 ? S W ? l V m p x O -1 a n m v, n m VERIFICATION LISA A. LEE, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff s Motion for Summary Judgment are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. Lisa A. Lee, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-5273 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Cheryl A. Dilchus, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: GEOFFREY M. BIRINGER, ESQUIRE Geoffrey M. Biringer Esquire 401 E. Louther Street Suite 103 Carlisle, PA 17013 Date: ? 0'?'o 06 C o a- __JA? Chery A. Dilchus Sr. Litigation Paralegal GI f-, . SHERIFF'S RETURN - REGULAR CASE NO: 2006-05273 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS DOUTRICH TERRI L MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DOUTRICH TERRI L DEFENDANT the , at 1647:00 HOURS, on the 21st day of September, 2006 at 701 BELMONT AVENUE MECHANICSBURG, PA 17055 TERRI DOUTRICH was served upon by handing to 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 Service Affidavit Surcharge So Answers: 18.00 12.32 .00 10.00 nn R. Thomas Kline 40.32-/ Sworn and Subscibed to before me this day 09/22/2006 GOLDBECK MCCAFFER Y MCKEEVER By: Deputy Sh iff of A. D. GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Lisa A. Lee, Esquire Attorney I.D. # 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-5273 PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Kindly withdraw Plaintiffs Motion for Summary Judgment filed in the above matter on November 1, 2006. GOLDB cCAFFERTY & McKEEVER BY: RLisaAee, squire Attorney for Plaintiff a L- . GOLDBECK McCAFFERTY & McKEEVER Professional Corporation ATTORNEY FOR PLAINTIFF By: Lisa A. Lee, Esquire Attorney I.D. # 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-5273 505 City Parkway West Suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Praecipe to Withdraw Motion for Summary Judgment was sent by first class mail, postage pre-paid, upon the following on the date listed below: GEOFFREY M. BIRINGER, ESQUIRE 401 E. Louther Street Suite 103 Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER a a . e, LA r\ sq 're Attorney for Plain iff Date: 7/31/2008 0 GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-5273 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Second Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: Lisa A. Lee, Esquire (Name and Address) Suite 5000- 701 Market Street, Philadelphia, PA 19106 (b) for defendant: Geoffrey M Biringer Esquire (Name and Address) 401 E Louther Street Suite 103, Carlisle, PA 17013 _ 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Print your name Date: September 30, 2008 'F? 41 t GOLDBECK McCAFFERTY & MCKEEVER BY: LISA A. LEE, ESQUIRE Suite 5000 - Mellon Independence Center 701 Market Street ATTORNEY FOR PLAINTIFF Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W1 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-5273 TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE (hereinafter "Plaintiff'). 2. Defendant is TERRI L. DOUTRICH (hereinafter "Defendant"). 3. Plaintiff filed its Complaint in mortgage foreclosure on September 08, 2006. A true and correct copy of the Complaint is attached hereto as Exhibit "A". 4. Defendant filed an Answer on or about October 6, 2006, which does not raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibit "B". 5. Plaintiff filed its First Motion for Summary Judgment on November 1, 2006. 6. Defendant Terri L. Doutrich filed a Chapter 13 Bankruptcy Petition on December 5, 2006 in the U.S. Bankruptcy Court, Middle District of Pennsylvania at Bankruptcy Docket Number 06-02804. Payments were made on account of the Mortgage loan account during the pendency of the bankruptcy action, however, the default was not cured during the bankruptcy case, and relief from the automatic stay was granted to Plaintiff on July 14, 2008. 7. On July 31, 2008, Plaintiff withdrew its First Motion for Summary Judgment without prejudice. A true and correct copy of the Praecipe to Withdrawal Motion for Summary Judgment is attached hereto as Exhibit "C". 8. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiff's Complaint. See Plaintiffs attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER LA NALA, ESQUIRE ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. Lee, Esquire Attorney I.D.#78020 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-5273 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Q Y C,f'/`C ? , being duly sworn according to law, deposes and says: 1. I am the Qtrl7l Lfj f (2 a ca Q9, 2 0A for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Second Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Second Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendant, TERRI L. DOUTRICH, made, executed and delivered a Mortgage upon the premises, 701 Belmont Avenue, Mechanicsburg, PA 17055, on October 29, 2004 to ARGENT MORTGAGE COMPANY, LLC. 4. The mortgage is held by Plaintiff. 5. The Mortgage is in default because monthly payments of principal and interest due November 1, 2007 and each month thereafter are due and unpaid. At no time from November 1, 2007 to the present has the Defendant tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such notice attached hereto as Exhibit "B" to Plaintiff's Complaint. The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. Defendant Terri L. Doutrich filed a Chapter 13 Bankruptcy Petition on December 5, 2006 in the U. S. Bankruptcy Court, Middle District of Pennsylvania at Bankruptcy Docket Number 06-02804. Payments were made on account of the mortgage loan account during the pendency of the bankruptcy action, however, the default was not cured and the bankruptcy case and relief from the automatic stay was granted on July 14, 2008. The amounts due and owing on the mortgage in question as of the filing of July 28, 2008 are as follows: Principal Balance Interest from 10/1/2007 through 07/28/2008 at 7.0000% Per Diem interest rate at $16.97 Reasonable Attorney's Fee Late Charges Costs of suit and Title Search Escrow/Impound Overdraft Suspense Balance $62,253.03 $5,427.50 $3,112.65 $1,017.35 $900.00 $666.67 -$77.25 $73,299.95 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: before me this day- of 08: Notary Public "kPUA Cppn 1761"7 Amon" fon Mmodino ; Ny?mnt?M? GOLDBECK McCAFFERTY & MCKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W1 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-5273 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. PROCEDURAL HISTORY This is an Action of Mortgage Foreclosure brought against the Defendant who is the Mortgagor and Real Owner of the real property located at 701 Belmont Avenue, Mechanicsburg, PA 17055 ("Property"). Plaintiff filed a Complaint and Defendant filed an Answer. Plaintiff filed its First Motion for Summary Judgment on on November 1, 2006. Defendant Terri L. Doutrich filed a Chapter 13 Bankruptcy Petition on December 5, 2006 in the U.S. Bankruptcy Court, Middle District of Pennsylvania at Bankruptcy Docket Number 06-02804. Payments were made on account of the Mortgage loan account during the pendency of the bankruptcy action, however, the default was not cured during the bankruptcy case, and relief from the automatic stay was granted to Plaintiff on July 14, 2008. On July 31, 2008, Plaintiff withdrew its First Motion for Summary Judgment without prejudice. Plaintiff now moves for Summary Judgment and this memorandum is offered in support of Plaintiffs Motion. II. LEGAL ARGUMENT Summary judgment is governed by Pa.R.C.P. 1035.1 et. M.., Pa.R.C.P. 1035.2 provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Pa.R.C.P. No. 1141 notes that the foregoing assumpsit rule shall apply to Actions of Mortgage Foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with "...evidence of facts essential to the ... defense which, in a jury trial, would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion... Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. The only issue before the Court is whether Defendant's Answer raises any legal or factual issue, which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. Defendant denies paragraph 1 of the Complaint, specifically the identity of the Plaintiff. Defendant admits paragraphs 2, 3 and 4 of the Complaint, specifically the identity of the Defendant, the making, execution, delivery, recordation and assignment of the mortgage in question and the legal description of the Property. Even though Defendant denies the identity of the Plaintiff in paragraph one (1) of the Answer, Defendant admits in her answer to paragraph three (3) that Plaintiff is the holder of the Mortgage. Paragraphs 5 and 6 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R.C.P. No. 1147(4) and (5). Defendant denies that the amounts claimed due and unpaid are accurate. Defendant makes no specific response whatsoever regarding Defendants' failure to tender monthly payments or the amounts due and owing. Instead, Defendant avers that the March 1, 2006 payment was made, and that subsequent payments were returned. Plaintiff has attached a copy of its Transaction History for Defendant's account to this Motion as Exhibit E. As can be seen from a review of the transaction history Defendant did tender payments for the months of March, 2006 and April, 2006, but both payments were later reversed off the account because of non-sufficient funds. The payments were not timely replaced, and the account was due for the March, 2006 regular monthly payment at the time the Complaint was filed. The transaction history also shows all payments that were applied during Defendant's bankruptcy case, and shows that the account was not brought current during the bankruptcy and remains due for the November, 2007 monthly payment. Plaintiff has attached an Affidavit to this Motion that is corroborated by the information contained in the Transaction History. Defendant cannot simply invoke Pa. R.C.P. 1029(c) when Defendant, as well as Plaintiff, has knowledge, or should have independent knowledge of the mortgage account. Further, as case law assumes that Defendant has knowledge of his own mortgage account, Defendant is deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. See First Wisconsin Trust Company vs. Strausser and Perlberger, 653 A.2d 688 (Pa.Super. 1995); New York Guardian Mortgagee Corporation vs. Dietzel 524 A.2d 951 (Pa. Super 1987) Cercone vs. Cercone, 386 A.2d 1 (1978); Pa. R. C. P. No. 1029. The lack of specific, detailed response to Plaintiffs specific averments of defaults constitutes an admission of the default and amounts due and owing upon the mortgage. See, New York Guardian Mortgagee Corporation vs. Dietzel 362 Pa. Super 426, 524 A.2d 951 (Pa. Super 1987). Thus, while Defendants' default is a legal conclusion, Plaintiff respectfully suggests this honorable Court should conclude, based upon the deemed admissions of the Defendants and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. Defendant, contrary to their unsupported allegation in paragraph 5 of their response, have never offered the total amount necessary to reinstate the mortgage. Plaintiff would gladly accept full reinstatement under the mortgage, as it is likely to suffer a loss if this litigation continues. Moreover, as this is a conventional loan, Plaintiff is under no legal duty to accept less than the full arrears unless settlement negotiations led to a new contract. Once the entire loan is accelerated, partial payments cannot cure the default. The Ministers and Missionaries Benefit Board, etc. vs Goldsworthy, 385 A.2d 358 (Pa. Super. 1977). Defendants' general denials that the damages are incorrectly calculated is not a basis to deny Plaintiff judgment as a matter of law. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a Sheriffs Sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsylvania National Bank, 445 Pa. 217,282 A.2d. 335 (1971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at Sheriffs Sale and distribution of the proceeds is made. Judgment in mortgage foreclosure action must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 335. This Supreme Court decision directs a court to enter summary judgment in favor of the plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank, 455, Pa. 217,255-266,282 A. 2d 335,340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal balance of the mortgage as demanded in Plaintiffs Complaint at paragraphs 6 and 7. Robinson vs. Loomis, 51 Pa. 78 (1865); Galligan vs. Heath, 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds Bazaar, Inc., 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shopping Center, 68 D & C 2d 751, 75 (Bucks County) (1974). Moreover, as further explained in Paragraph 7 of Plaintiffs Complaint, the attorney's fees demanded in Paragraph 6 of Plaintiffs Complaint would only be collected in the event of a third party purchaser at Sheriffs Sale. Defendant continues to have the option of paying all arrears and costs up to one hour before the Sheriffs Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. See, Pennsylvania Act 6 of 1974, 41 P.S. Section 401 et. sea. Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It is respectfully suggested that should this Honorable Court find that the flat rate of 5% requested raises a genuine issue of fact, summary judgment be granted Plaintiff as to all issues except attorney's fees. Certainly, with default deemed to be admitted, it would be unfair and a waste of this Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the demand for attorneys fees. Defendant generally denies paragraph 8 of the Complaint. Plaintiff submits, in paragraph 8 of its Complaint that Plaintiff is not seeking a judgment of personal liability (or in person am judgment) against the Defendant in this action but reserves its right to bring a separate action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this action of mortgage foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. Defendant admits Paragraph 9 of the Complaint that Plaintiff fully complied with Act 160 of 1998. III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendant cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff vs. Gardner, 451 Pa. 146, 303 A2d 352 (1973). Accordingly, Defendant's answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiffs Motion for Summary Judgment WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant as prayed for in Plaintiff s Complaint. submitted, K MCCAFFERTY & MCKEEVER BY: ATTORNEYTOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004- Wl 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 EXHIBIT LIST A. Complaint B. Answer ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-5273 C. Praecipe to Withdrawal Motion for Summary Judgment D. Order Granting Plaintiff Relief from the Stay E. Mortgage F. Note G. Transaction History BY: • JosEPH A. GOLDBECK, JR. ATTORNEY I. SvITE 5000 ON E 701 MARK T PHILADELPHIA, PA 19 (215) 825-631$ opy WWW.GOLDBECKLAV4. ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED f 1, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. TERRI L. DOUTRICH Mortgagor and Real Owner 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: MOflTCA?L 1rojR,EC, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. .l N LEGAL SERVICES INC ' - 8 Irvine Row Carlisle, PA 17013 717-243-9400 ------------ CUMBERLAND COUNTY BAR ASSOCIATION n _ 2 Liberty Avenue - ` - - Carlisle, PA 17013 f AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES U 5 ruIN IU Ub VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERFE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The .figure and/or package you requested will be mailed to the-address-that-you request-or faxed-if you leave .a... message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215=825-6418. Please reference our Attorney File Number of AMQ-1245. Para infonnacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. . , •1 2 Plaintiff is D eEU TRUST COMPANY, AS TRUSTEE OF ARGENT BACKED PASS THROUGH CERTIFICATES SERIES MONIJ WLS 2C , ER VICING W0MW7 IMA3 (fE?WWBER 1, 0 , WI UT 505 City Parkway NAAsT AD WMA"B 'Y OF THE ORIGINAL FILED The name an FeDefendant is TERRI L. DOUTRICH, 701 Belmont Avenue, Mechanicsburg, PA 17055, who is the mortgagor and real owner of the mortgaged premises hereinafter described. On October 29, 2004 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE COMPANY, LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1892, Page 3854. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE by assignment of Mortgage, which is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more frilly described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for March 01, 2006, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance $63,236.95 Interest from 02/01/2006 $2,976.60 through 09/30/2006 at 7.0000% Per Diem interest rate at $12.30 Reasonable Attorney's Fee at 5% of Principal Balance as $3,161.85 more fully explained in the next numbered paragraph Late Charges from 03/01/2006 to 09/30/2006 $281.05 Monthly late charge amount-at $25.55 . Costs of suit and Title Search $900.00 Escrow Advance $773.34 Fees $106.00 Recoverable Balance-""-' - - ? - ?- - - $30.00 Suspense Balance .. .. ............ .. _. _ -$385.66 Monthly Escrow amount $139.69 $71,080.13 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess_.of the.._ amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or and "in personam" judgment) against the . Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $71,080.13, together with interest at the rate of $12.30, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: ?, . OOBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Nanci Jimenez_ as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. DateJ q," ©6 - 0( Nanci Jimen z, For losure Superviso AMERIQLJE RTGAGE CO hibit A FIDELITY NATIONAL TITLE INSURANCE COMPANY LEGAL DESCRIPTION File No. 0410-00939 Commitment No. 0410-00939 All that certain tract or parcel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, hounded and described in accordance with survey and plan thereof made by Gerrit J. Belt, Registered Surveyor, dated January 2, 1970, a$ follows: BEGINNNG at the Intersection of the Eastern line of Belmont Avenue and the Southern line of Maple Avenue; thence along the Southern One of Maple Avenue North 52 degrees 10 minutes East, One hundred Sixty-three and Twenty-seven hundredths (163.27) feet to a fence post, a comer; thence along the Western line of Windsor Place South 26 degrees 45 minutes East, One hundred Twenty-two and Twenty-eight hundredths (122.28) feet to a fence post; thence a" Lots Nos. 14,13, 12, 11, 10, 9 and 8 on the hereinafter mentioned plan of tots, South 52 degrees 10 minutes West One hundred Seventy-four and Ninety-three hundredths (174.93) feet to an iron pin on the Eastern line of Belmont Avenue; thence along the some North 21 degrees 39 minutes West One hundred Twenty-five and Five hundredths (125.05) feet-to the point and place of Beginning. Property Parcel Number 13-24-0795-088 BIt1892P63670 Eyt,,hibit (B P•0. Boa 1106 Samoa Ass, CA 92711-16" 7162 6389 3060 0816 3586 TERM L DOUTRICH 701 BELMONT AVENUE MECHANICSBURG, PA 17055 TMORTGAGE SERVICES May 05, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Less Number: 00650817% Property Address: 701 BELMONT AVENUE. MECHANICSBURG PA, 17055 Origuai Loma: AMC Mortgage Services, Inc. Current Lesded3emcer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEFT. THIS NOTICE TS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL DE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This Is su a?? &Wu that the morftan ea Year. koene is is ddaall. W the leader Woods to toraiese. So eft hater andes about the more oohs ddaak is provided In tho atttebel data, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to !Mk to save your hems. This Notice esphrins bow the sretram woeha. This Notice contains important kgtd Idorstatea. it you have say quatass, repraeatativa at the Costwmer Credit Coasselisg Ar sey may be able to help eWlais it. You aw also want to contact as attorney is year area. The local bar association way be able to kdp you find a lawyer. LA NOTIIICACION EN ADJUNTO ES DE SUMA UWPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST NO COMPRZNDE EL CONTENIDO DE ESTA ..NOTIFICACiON_ OBTZNGA UNA TRADUCCION nW"DITAMENTE LLAIKANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO „ '" _" Also doing business d Delaware AMC Mortgage Services, Inc., is tke states of Texsk Aiods Island, and New Hampshire. ARRIDA. PUEDES SEA ZLZGNLZ PARA ON PRZSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASMTANCE PROGRAM" EL COAL PUEDE SALVAR SO CASA DI LA PZRDIDA DEL DERZCHO A REDWIR SO HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF lfg3 (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 REQUIRZMZNTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under me Act, you are entitled to a temporary stay of foredwsm on year mortgage for thirty (30) days from the date of this Notice. Daring that time you mast arrange and ahead a fax-to-face meeting with one of the consumer credit coanseliog agencies Bated of the and of this Notice. THIS MORTGAGE UP TO DATE. Ow g2oft is whack On y is toeatsd are act forth at the end of this Notix. it is only necessary to schedule one fax-to-Sc a meeting. Advise your leader immedig* of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Yew mortgage is in a &bvh for the reasons ad forth titer is tits Notice (a" followiag pages for specific iofocmation about the astwo of your de huh.) If you have cued and an usable to retain thin problem with t4 leader, you have the right to apply for fiasuciat assistance from the Howevira is Fmwgeaoy Mortgage Assistance Program. To do ao, you must fill out, sign and file a wn~ Homeowner's Emergency Assidance Program Application with one of the designated consumer credit counseling agencies baled at the end of this Notice. Only consume credit counseling agencies have applications for tie program sad they will assist you in submitting a compiek application to the Pennykaak Hoping Fiance Agency. Your application MAST be fled or postma ked within *kq (30) days of your fax-lo-tace meding, 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 RIIMEDIATELY AND YOUR APPLICATION FOR MORTGAGZ ASSISTANCE WILL BE DENIED AGENCY ACTION - Available lt.uds for emergency mortgage assistance are very limited. They will be disbursed by the AgeaeT under the eligibility criteria mobliskod by tie Act. The Pennsylvania Housing Fiance Agency has sixty (60) days to msloe a docidoa Bier it receives your appliridow Duiig that lima, no forecimre proceedings will be permed against you if you have met the time requirements ant forth above: You will be -notified tiredly by The Pennsylvania Housing Finance Agency of its decision on your application. • May 05, 2006 Loan" Number: 0065051796 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS Alt ATTEMPT TO COLLECT THE DINT. (If yon have filed baahraptcy you can still apply for Ioerteac7 Mortgage Assistance.) 110W TO CURE YOUR MORTGAGE DEIIAIULT (3du It m to inlet NATURE OF THE DHF/?ULT The MORTGAGE debt by the above leader on your property located at: 701 BELMONT AVENUE, MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT became: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amooato ace now past doe: 03/01/06 thru 05/01/06 at $565.49 per month Monthly payments plus late charge or other hen: $1895-32 Total Amount to Cure Bdmtb $189532 B. YOU HAVE FAILED TO TAKIC THE FOLLOWING ACTION (Do sot an it not a"Heabk): lUA HOW TO CURE THE DEFAULT --yon may care the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LlNDEIR, WHICH IS $1895.32 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments most be rude either by cash cashier's check certified cheek o mmos ev order mode payable and sc AMC Mortgage services 505 City Parkway West, Sane #I OD Orange, CA 92868 You can con any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: iDo apt use if not applicable) N/A IF YOU DO NOT CURE THE DEFAULT--1f you do apt care the defsall wilhia THIRTY (30) DAYS of the dale of this Notice, the Inda latssds to exadoo its dthts to am look that n mbw dshL This mean that the endive owWading bobace of this debt will be considered doe ivmediateiy and you may beat the chsaoe to pay the mortgage In mosaly iastanments. N fall payment of the total amoast pan doe is sot etude wihin THIRTY (30) DAYS, he lender also intends to instruct its attorneys to start legal action to foeedw area roar vo its. prwert?- IF THE MORTGAGE 16 FORECLOSED UPON -- The matgaged property will be sold by the Sheriff to psy off the mortgage debt. If the leader refers your use to its atioceeys, but you care he dedsgsmcy bdm he lender begins legal proceedings against you. you will sill be required to pay the reatom ble allorsey's fees that were actually iaerved, up to $50.00. However, if legal prongs are started against you. you win have to pay all resaonabb attorney's fees ndtualiy incurred by the lender oyes if ?X.excood_?SO 00 _?LglSKIt:Y's_?e srtllbn .- -- - - -- . - _- -- - -- - - .... ... _ added to the -moon' you owe the leader, wbkb may also include other reasonable coals. 1130 sure the defash within the THIRTY (30) DAY ywiod, you will net be required to pap atioraav's ken OTHER LaNDEl RIMIDI>E$ -Tbe lender may also see you personally for the unpaid pciscgrl balance and all other amns 4119 under the mortgage. RIGM T TO CURE TIE DEFAULT PRIOR TO SHIRMI SALE - If you have sot cared the defaah within the THIRTY (30) DAY period and foreclosure procoodings have begoa, ym gel have Ike ris.?t c * th?dcfias sawgcnrea nerfac WN aan other Mrnltements under the mortaaee. Caring your ddnlt Is the sansner set forth is this notice wH eestw year morigage to the same posities as N you bad never defatrked. EARLIEST POSSINLE SHtRIFF'S SALE DATE - It is estimated that the eertiest due that such a Sheriffs Sak of the mortgaged property could be bold would be approximately (6) MONTHS from the due of this Notice. A notice of the actual date of the Sheriff a Sale will be seat to you before the sak. Of course, the amount needed to cure the dch" will in vease the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the leader. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Do:11000 Santa Asa, CA 92711-1000 Phone Number 0"30-5262 Fax Number 714-367-5037 EFFECT OF SHEROrS SALE - You should realize that a ShaiO's Sale will end your ownership of the mortgaged property sad your right to occupy it. If you continue to live is 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 XORTGAGIC -- You _ may or X may net (CHECK ONE) sell or transfer your home to a buyer or tresskm who will assume the mortgage debt, provided that all the outsmadlag paymems, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage am satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTiTIMON 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 HAYS THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) s TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTMTrED UNDER THE MORTGAGE DOCUMENTS, s TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. = TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very Truly Yours, AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number. 00630817% Mailed by 1st Class Marl and by Certified Mail uaawne " Homeowners' Emergency Assistance Program CUMBERLAND COUNTY 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 Captial 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 EXHHBIT "s-699 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS : IN THE COURT OF TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC.: COMMON PLEAS OF ASSET-BACKED PASS THROUGH CERTIFICATES :CUMBERLAND COUNTY SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF :CIVIL ACTION-LAW OCTOBER 1, 2004, WITHOUT RECOURSE Plaintiff : 06-5273 Civil Term vs. : TERRI L. DOUTRICH, Defendant ANSWER 1. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. ;P 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. March payment was paid in full to the Plaintiff, and subsequent months' payments were offered to the Plaintiff which offers were rejected. 6. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment, and proof thereof is demanded at trial. 7. Denied. Averments are legal conclusions for which no answers are required. 8 Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 9. Admitted. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and judgment entered for the Defendant. MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer Attorney for Defendant VERIFICATION The Defendant, TERRI L. DOUTRICH, verifies that the statements made in the above Answer are true and correct. The Defendant understands that false statements herein are made subject to the penalties of 18 PA C.S. $4904, relating to unsworn falsification to authorities. Date:/6 ' (O -- a ('0 TERRI L. D UTRICH CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a Member in good standing of the Bar, hereby state that I served a copy of Defendant TERRI L. DOUTRICH's Answer by placing same in the United States Mail, postage prepaid to the following person and at the following address: Joseph A. Goldbeck, Jr., Esquire Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Date. Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup.Ct.ID# 18040 E)(HIBIT " C 99 GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Lisa A. Lee, Esquire Attorney T.D. # 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-5273 C? C_ • b CD !? J D f ri 5> s:- PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Kindly withdraw Plaintiff's Motion for Summary Judgment filed in the above matter on November 1, 2006. GOL B cCAFFERTY & McKEEVER BY: 5EL1saA.ee, ire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Lisa A. Lee, Esquire Attorney I.D. # 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-5273 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Praecipe to Withdraw Motion for Summary Judgment was sent by first class mail, postage pre-paid, upon the following on the date listed below: GEOFFREY M. BRUNGER, ESQUIRE 401 E. Louther Street Suite 103 Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER a-A A e Attorney for Plain 'fl' Date: 7/31/2008 EXHIBIT "P " IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: TERRI LYNN DOUTRICH, Debtor DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE, Moving Party CHAPTER 13 CASE NO: 1-06-bk-02804-RNO 11 U.S.C. Section 362 and 1301 RE: DOCKET ENTRY NO: 35 MOTION FOR RELIEF FROM STAY V. TERRI LYNN DOUTRICH, Debtor(s) CHARLES J. DEHART, III ESQ., Trustee Respondents ORDER Upon consideration of the failure of Debtor(s) and the Trustee to file and Answer or otherwise plead, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under 11 U.S.C. Sections 362 and 1301 of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. 11 U.S.C. Sections 362 and 1301 (if applicable), are modified to allow DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE and its successor in title to proceed with the execution process through, among 1 Case 1:06-bk-02804-RNO Doc 38 Filed 07/14/08 Entered 07/14/08 10:03:53 Desc Main Document Page 1 of 2 other remedies but not limited to Sheriffs Sale regarding the premises 701 Belmont Avenue Mechanicsburg, PA 17055 and a possessory action if necessary. Movant may, at its option, provide and enter into a potential forbearance agreement, loan modification, refinance agreement or other loan workout/ loss mitigation agreement. The moving party may contact the debtor(s) via telephone or written correspondence to offer such an agreement. Dated: July 14, 2008 By the Court, ?e Robert N. Opp„ I Rnbipky Judge (W) This document is eiecftWcaHy signed and f led can the same date. 2 Case 1:06-bk-02804-RNO Doc 38 Filed 07/14/08 Entered 07/14/08 10:03:53 Desc Main Document Page 2 of 2 EXHIBIT P b?a?jb Ogfo-00q_V 4 49- 1410- VNM Ftt+*4GIAL RCZERT P. ZIE- Lri PERT F. ZIECL"^, sdf(asou 50viw, 2ac- t;ECO ;DER CF )73=; C '- 400 KEYSTONE INDUSTRIAL PK 02 CUr;E;:;,LkIL WNMOAEPA18512 4L. t.....1... Prepar?By?04% 1i1 " o&n39M 10 atnrn To: mpany, LLC Darria Greaves Argent X9286'3C-1530 333 Westchester Avenue, lot p.0. HoF1oor,White plains, NY 104.04 Orange, Parcel Number: 13-24-0795-088 Ispaa Atwre Thb Use For Reear&n Data] MORTGAGE DEFINMONS Wads used in multiple sections of this document are defined below and other words are defindd in Sections 3, 11, 13, 18, 20 and 21. Cabin rules regarding the usage of words used in this document we also provided in Section 16. (A) "Security Instrument"means this document, which is dated October 29, 2004 together with all Riders to this document. (l8) "Borrower" is TIRRI L. DOVTRICI Borrower is the mortgagor under this Security Instrument. (C)1%onderrris Argent Mortgage Company, LLC Leader is a Limited Liability Company 0065081196-9604 PBWWBYLVAMA • Singh Fanny - Faarls MaNFroddle Yam UNMORY 00TIMME tT Form 3035 1101 (t-G(PA)paa) 10/29/2004 6:24:01 vest t Of 1e VW YOWSkOEFO1Wa-(800)521-7291 BK ! 892PG3854 a orgsniaed and existing ander the laws of Delaware Lender's address is One City Boulevard West Orange, CA 92868 Lender is the mortgagee under this Security Instrument. (D)"Note"memm the promissory note signed by Borrower and dated October 29, 2004 The Note states that Borrower owes Leader sixty-four thousand and 00/100 Dollars (U.S. $61,000.00 ) plus lowest. Borrower has promised to pay this debt in regular Periodic Psymeals and to pay the debt in full not later than December 1, 2034 (E) "Property" meant the property that is described below under the heading "Transfer of Rights in the Property." (F) "Cosa" means the debt evidenced by the Note, plus interest, any prepayment charges and Into charges due wrier the Note, and all sums due under this Security Instrument plus interest. (G) "Riders" means all Riders to this Security Instrument that we executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): Adjustable Rate Rider [] Condominium Rider Second Home Rider Balloon Rider [] Planned Unit Development Rider LJ 1-4 Family Rider VA Rider O Biweekly Payment Rider ? Other(s) [specify] (In "Applicable Law" memo all controlling applicable federal, stele and local statutes, regulations, ordinances and administrative rules mid orders (that have the effect of law) as well as all applicable final, noo-appealable judicial opinions. (1) "Cemmanity Association Dees, 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. Q) "Electronic Funds Transfer" mans any transfer of funds, other than a transaction originated by check, draft, or similar paper instromeak which is initiated through an electronic terminal, telephonic Instrutncnt,computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tram includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, trarhafers tninated by telephone, wire transfers, and automated clearinghouse tar AhM. (14 "Tserow Items" meant those items that are described in Section 3. (1.) 'Wiseelhmseas Proceeds" means any compensation, settlement, award of damages, or proceeds paid by my third party (other than insurance proceeds paid under the co verages described in Section S) for. (1) damage to, or destruction o4 the Property; (ii) condemnation or other taking of all or any pmt of the Properly; (nil) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions ss to, the value and/or condition of the Property. (A'I)'ltlotfSW Insurance" mean insurance protecting Lender against the nonpayment of, or default on, the Loan. (l) "Periedic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plats (ti) any amounts under Section 3 of this Security Instrument. 0065 96-9604 w? CVPAI(OM) Pop 2 of10 10/29/2004 :24:01 Feim3039 trot (O) MBSPA" means the Real Estate Settlement Procedures Act (12 U.S.G Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35001 as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage Joan" even if the Loan does not qualify ss a "federally related mortgage loos" miler RESPA. (P) "smecesser in laterut of Borrower" means any party that has taken title to the Property, whether or not that pasty has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to LaWer: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreanents under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lander the following described property located in the County DYwofRe aftJwBaiaios) of CUMBERLAND (Nome of Raeordins jarbdiniae]: LEGAL DESCRIPTION ATTACIED 311 1iTO A1D MADE A PART 112,1107: which currently has the address of 101 BELM011T 011UE (l )ECEANICSBtIRB [CO), Pennsylvania 11055 [zip Code) (*Pro" Address"): TOGETHER WITH all the improvements now or hereafter erected an the property, and all easasnwti6 appurtenances, and fixtures Dow or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing la referred to in this Security Instrument as the "Property." 006500-9604 t? ®;(FA)pooq r"e"a"rle 10/29/200 6.24:01 F-3039 1104 BORROWER COVENANTS that Borrower is lawfidly seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument cohering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as lbilows: 1. Payment of Principal, Interest, Racrow items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Now Borrower shall also pay Rm& 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 Lander as payment muter the Note or this Security Instrument is returned to Leader unpaid, Lender may require that any or all subsequent payments due under tae Note and this Security Instrument be made In one or more of the following forms, as selected by Lander: (a) cash; (b) money order; (e) certified check, bank check, treasurer's check or casbkes check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the nod" provisions in Section 15. Lander may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the fature, but Lender is riot 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 auspplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan c ssev If Borrower does not do so within a reasonable period of time, Leader shall ether apply such Rinds or return them to Borrower. If not applied earlier, such foods will be applied to the outatanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the Rnum against Lander shall relieve Borrower from making payments duo under the Now and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proeee& Except as otherwise described in this Section 2, all payments saxpted and applied by Leader shall be applied in the following order of priority: (a) interest due ceder the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became data Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Iatrument, and then to rednoa the principal balance of the Now. If mender receives a payment fiam Borrower for a delinquent Periodic Pay=wt which includes a suffkdeett amount to pay any late charge do% the payment may be applied to the delinquent payment and the We charge. If more than one Periodic Payment is outswAing, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 00650 6-9604 4at-6(PAftreeq r'a'`°u'° 10/2912001 :24:01 Fam3039 1101 892PG3857 paid in full. To the extent that any access exists after the payment is applied to the full payment of one or more Periodic Payments, such access may be applied to any We, charges due. Voluntary prepayments shall be applied first to any prepayment charges and than as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fords for Escrow leans. Borrower shall pay to Leader on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds') to provide for payment of amounts due tbr: (a) taxes and assessments and other items which can attain priority over this Seem* Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fens, and Assessments, if any, be escrowed by Borrower, and such dues, fees and asaesments shall be an Escrow Item. Borrower shall promptly tarnish to Leander all notion of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow items unless Lender waives Borrower's obligation to pay the Funds for arty or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writ6rg. In do event of ands waiver. Borrower shall pay directly, when and where payable, the amounts doe far any Escrow Items for which payment of Funds has been waived by Leander sad, if Lender requires, shall Sunfish to Lender receipts avidencing such payment within such time period ai Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Item directly, pumunt to a waiver, and Borrower fails to pay the amount due far an Escrow Itan, Lander may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Larder any such amount Lade may revoke the waiver as to any or all Escrow items at any time by a notice aim in accordance with Section 15 ad. upon such revocation, Borrower shall pay to Larder all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Fords in an amount (a) sufficient to permit Lender to apply the Fads at the time specified under RESPA, and (h) not to exceed the maximum amount a larder can require under RESPA. Lade shall estimeee *a amount of Funds due on the basis of current data and reasonable estiasates of expenditures of future Escrow Items or otherwise In accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instramaaWity, or entity (including Lender, if Leader is an institution whose deposits are so insured) or in any Federal Ham Loan Bank. Lender shall apply the Fords to pay the Escrow Items no late that the time specified under RESPA. Lender shall not charge Borrower for holding aef applying the Funds, annually analyzing the escrow account or verifying the Escrow Items, unless Lefler pays Borrower interest an the Funds and Applicable Law permits Lander to make such a charge Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 006501IM6 -9604 (ft-e(Pl?)toooe) r.a.sare 10/29/2004_ 6:24:01 Faen3039 1101 shall be paid on the Funda. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.- If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there Is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lander the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in fall of all sums sowed by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lander. 4. Charges; Liars. Borrower shall pay all totes, assessments, chwM fines. and impositions attributable to the Property which can attain priority over this Security Instrument leasehold payments or ground rant an the Property, If any, and Community Association IAaa, Fees, and Assessments. if any. To the aim that time items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender. but only so long as Borrower is perfuming such agreement; (b) ooateats the lien in good 1kith by, or defahda aVhW enforcement of the lien in, legal proceeding's which in Leader's opinion operate to prevent the adbrusnad of the lien while those proceedings are pendin& but only until such proceedings are concluded; or (c) wouras from the holder of the lien an agreement serisfic Cory to Lander subordinating the Jim to this Security Instrument. If Lmder determines that any part of the Property is subject to a lien which con attain priority over this Security Instrument, Leader may give Borrower a notice identifying the lien. W" 10 days of the date on which that notice is given, Borrower sha[I satisfy the Jim of take on or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a ona4me large for a real estate tax verification and/or reporting service used by Linder in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended ooverage," and any other hazards includin& but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance stall be maintained in tie amounts (including deduutlble levels) and for the periods that Lander requires. What Lender requires ptrsuoK to the preceding sentences can changer during the term of the 1Aan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choim which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge fa flood mne determination, certification and trndting services; or (b) a on&4 me charge for flood zone determination and catifiation services and subsequent charges each time remoppinp or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the paymau of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood tone determination resulting from an objection by Borrower. 00656 -960! ?EfPAi(ooe) ea10 10/29/2001 24:01 FO-3039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or IWAity and might provide greater or lesser coverage than was previously in efhet. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Larder under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. Them amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Bormwer requesting payment. All insurance policies required by Lander and renewals of such policies shall be subject to Lende's right to disapprove such policies, shall include a standard mortgage close, and shall acme Lander as mortgagee author as an additional loss payees Lender shall have the right to hold the policies and renewal certificates. If Lander requires, Borrower shall promptly give to Lander all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage, to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lander as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if sot made promptly by Borrower. Unless Lender and Borrower otherwise agree in writin& say insurance proceeds, whether or not the underlying insurance was required by Lauder, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not knoved. During such repair and restoration period, Leader shall have the right to hold arch hourence proceeds until Lender has had an opportunity to hoped such Property to ensure the work has been completed to Lender's safmMedion, provided that such inspection shall be undertaken promptly. Lads may disburse proceeds for the repairs and restoration is a single payment or in a series of progress payments as the work is complete!. Union an agreement is nude in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any intact or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower doll not be paid out of the insurance proceeds sad shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Leodoe a security would be lessened, the iastum e proceeds shall be applied to the sums secured by this Security Instrument whether or not than due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in do order provided for in Section 2. If Borrower abandons the Property, Leader may file, negotiate and settle any available houraoe claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that ilea Insurance carrier has offered to settle a claim, then Lender may negotiate and seltie the claim. The 30-day period will begin when the notice is given. In either event, or if Linda acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any irsnraaa proceeds In as amount not to exceed the amounts unpaid under the Note or this Security Instrument and (b) any other of Borrowe's rights (other than the right to say refund of unc rned premiums pad by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Leader may use the insurance proceeds either to repair or reduce the Property or to pay anoums unpaid under the Note or this Security Instrument whether or not then due. 006508 796-9604 4ft-O(PA) "W7a/6 10/29/200 :Oi X3039 1101 i, Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60-days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower s principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7, Preaervatien, Mahateasnee sad Protection of As Property; laspectieus. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or cormnit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decr"ng in value due to its condition. Unless it is determined pursuant to Section 5 the repair or restoration is not economically fiattible, Borrower shall promptly repair the Property If damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible far repairing or restoring the Pro" only if Lender has released proceeds for such purposes. Lauder may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation. proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the compietion of such repair or restoration. Lander or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an Interior inspection specifying such reasonable cause. >L Dorrewer's Loan Appliation. Borrower shall be in defiutk if, during the Loan appli abon process, Borrower or say persons or entities nbag at the direction of Borrower or with Borrowers knowledge or m, gave materially false, misleading, or inaccurate infonwdon or statements to Lender (or 18iled to provide Leader with material information) in connection with the Loan. Material repreeaMafto include, but are not limited to, representations concerning Borrower's occupancy of the Prop" as Borrowera principal residence. 9. Protection of Lender's Iaterest to the Property sad Rigbts Under this Secarky Iastroment If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might sigaificandy afreu Lender's interest m the Property mWor rights under this Security Inauurnent (snit as a proceeding in bankruptcy, probate, for condemnation or Yortbibm for enforcement of 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 :ghee to protect Lenders interest m the Property sad rights under this Security Inattuuavok including protecting and/or assessing the value of the Property, and securing mWor repairing the Property. Leader's actions on hwkx e, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument: (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrumeu4 Including its segued position In a bankruptcy proceeding. Searing the Property include% but is not limited to, entering the Property to make repaaa, dmege locks, replace or board up doors and windows, drain water from pipes, elimnnata building or other code violations or dangerous conditions, and have utilities turned out or off. Although Lender may take action under this Section 9, Lander does not have to do so and is not under any duty or obligation to do so. It is agreed that Lander Incurs no liability for not taking any or all actions authorized under this Section 9. 00650!146 - 9604 (8k-WA)Vow) Pijieor 16 10/29/2001 6:21:01 ForM3039 1101 Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. If this Security Instrument is on a looseleld, Borrower shall comply with all the provisions of the lam if Borrower acquires fee tick to the Property, the. leasehold and the fee We WWI not map unless Lander agrees to the merger in writing. 10. Mortgage Iararmee. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. 1$ for my reasoi, the Mortgage Insurance covwage required by Lender ceases to be available froth the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Leader. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the sepwately designated payments that were due when de Insurance coverage ceased to be in of bcL Lender will accept, use and retain those payments a a non-ratbodable loss reserve in lieu of Mortgage Insurance. Such loss reserve shelf be non-ralimdabie, notwithstanding the fact that the Loan is ultimately paid in full, and Lades shall not be required to pay Borrower any interest or earnings on such loss reserve. Lendw can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an Isurw selected by Lender again bermes available, is obtain4 and Lades requires separately designated payments toward the premiums for Mortgage Insurance. If Leda required Mortgage Insurance se a condition of malting the Loan and Borrower was required to make separately designsted payments toward the premiums fbr Mortgage Insurance, Borrower skald pay the premiums required to maintain Mortgage Insurance In effect, or to provide a non-retlmdable Was reserve, until Lendees requirement for Mortgage Ins raoce ads in accordance with any written agreement between Borrower and Leader providing for such termination or until termination is required by Applicable Law. Nothing in this Sectioe 10 affects Borrowee a obligation to pay interest at the rate provided in the Note. Mortgage Lsnrenee reimburses Lender (or any entity that purchases the Note) for certain losses it may Incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage insurance. Mortgage insurers evaluate their total risk on all such insurance is force from time to time, and may enter into agreements with other parties that share or modify their rate. or reduce losses. These agree eats are an terms and conditions that are sodsbctory to the mortgage insurer and tie other party (or parties) to than s that the These Weentaft ? moire the mor" Insurer to make payments using say source mortgage Insurer may have available (which may include finds obtained ftom Mortgage Insurance premiums). As a result of these sgreematts, Lender, any iwrchmw of the Tote, nether insurer, any rains rer, any other amity, or any atR[iak of any of the foregoing. may receive (directly or Irdlrectiy) amounts that derive Rove (a might be chismoorined as) a portion of Borrower's payments for Mortgage ha ranee, in muhange nix sharing or modUft the mortgage insurer's risk, or reducing loans. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the Insurer, the arrangement is otten termad "captive reiosuranoe.' Further: (a) Any sash agreements WM not affect the amounts that Borrower has agreed to pay for Mortgage Isnsrr sam or any otherr terms of the Loan. Snob agreements wM not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 00650812)6 - 9601 ttm-oA'Mteeese 10/29/2004 :1:01 F«a3o3a 1101 (b) Any suck agreements wM not affect the rights Borrower has - H may - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1999 or any other law. Those rights may Include the right to receive certain disdosares, to request and obtain cancellation of the Mortgage Irsorsuce, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the tine of such cancellation or tenninatios. 11. Assignment of Misedloneow Proceeds; Itorfeltam All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is danagod, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically f eeMble and Lender s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Landers satisfaction, provided that such inspection shall be undertaken promptly. Leader 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 agnmient is made In writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Leader shall not be required to pay Borrower any interest or earnings an such Miscellaneous Proceeds. If the restoration or repair is not economically flasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shell be applied in the order provided fbr 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 awns seemed by this Security Instrlrlest, whether or not then due, with the access, if auy, paid to Borrower. In the event of s partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction. or lots is value is equal to or greater than the mount of the sums secured by this Security instrument immedlal0bl before the partial takin& destruction, or toes In value, unless Borrower end Leader otherwise agree In writing, the nuns secured by this Security Insminient shall be reduced by the mount of die Miseddannout Proceeds multiplied by the following firaaion: (a) the total amount of the suns sec red immediately bethre the partial talft destruction, or lose in value irnmedi r before the partial taking, destruction. ction dor loss i by in val ie.. the flair A ? Value of the Property Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in valve is less than do amount of the sums secured immediately before the partial takin& destruction, or loss in vshn+, unless Borrower and Lander otherwise agree in writing, the Mlseellaneous Proceeds shall be applied to the stuns secured by this Security Instrument whether or not the suns are then dun If the Property is abandoned by Borrower, of if, after notice by Larder to Borrower that the Opposing Party (as "nod In the need sum once) offers to make an award to seals a claim for dm"M Borrower thus to respond to Lender widen 30 days after the date the notice Is given, Lauder is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Mkoellsom Prooaods. Borrower sW be In ddlult if any action or proceeding, whather civil or criminal, is begun that, In Leader's judgment, could result in forfeiture of the Property or other material hapakmant of Lenices internee in the Property or rights under this Security Instrument. Borrower can are such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the actors or proceeding to be 0065001 96-9604 ratr< (M-a(PA) psoeh ws.,sa+s 10/29/2004 :24:01 F.% 3039 1101 dismissed with a ruling thak in Lander'a judgmen14 precludes forfeiture of the Property or other maEerial impairment of Lenders Interest in the Property or rights under this Security InstrrmrenL The proceeds of any award or claim for damages that are attributable to the impairment of Lender'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 the Property shall be applied in the order provided for In Section 2. IL Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security instrument granted by Leader to Borrower or any Soaxasor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand node by the original Borrower or any Successors is Interest of Borrower. Any forbearance by Lender In exercising any right or remedy including, without limitation, Lender's =eptance of payments from third persons, entities or Successors In Interest of Borrower or In amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint ad Several Liability; Co-sigma; Successors and Assigns Bound. Borrower covenants and agrees that Borrowers obligations and liability shall be joint and several. However, any Harrower who co-signs this Security Instrument but does not owcute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortpg% grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any a dstiona with regard to the terms of this Security Instrument or the Note without the co-signer's cxcnsaht. Subject to the provisions of Section 13, any Successor in Interest of Borrower who sesames Borrowers obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security htstrumeas. Borrower shall not be reused fivm Borrower's obligatieos and liability under the Security loswment unless Lender agrees to sucb release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit tie suocesm and assigns of Lender. 14. Loam Charges. Lander may doge Borrower fees for services perfortned In connections with Borrower s ddhrdt, for the purpose of protecting Lender a interest In the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fns. In regard to any other has, the absence of express authority in this Security Instrument to large a speciRe fee to Borrower shall not be construed as a prohibition on the charging of suck fee Lender may not large fees dud are expressly prohibited by this Security Instrument or by Applicable Law. V the Loma Is subject to a law which sets maximum loan charge, and that law is finally Interpreted so that tux interest or other loam charge pollected or to be collected In eomlxCtion with the Loan exceed the permitted limits, than: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any aura already collected from Borrower which exceeded permitted limits will be refimded to Borrower. Lender may choose to make this neflod by reducing the principal owed under the Nob or by making a direct payment to Borrower. V a refhmd reduces principal, the reduction will be treated as a partial prepayment without my prepayment charge (whether or not a prepayment charge is provided for under the Nob4 Borrower's of any such refired made by direct payment to Borrower will constitute a waiver of any right of action might have wining out of such overcdrarge. I6. No& m. All notices given by Borrower or Lender in connexion with this Security imctrnaaeht must be in writing. Any notice to Borrower in connection with this Security Instrument shell be deemed to 00650816 -9604 ftl(P1JP.) "'e"1d76 10/29/2004 6.24:01 8-3939 1101 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other Wrens. Notice to any one Borrower shall constitute notice to an Borrowers unless Applicable Law mcpressly n quires otherwise. The notice address shall be the Property Addross unless Borrower has designated a substitute notice address by notice to Leader. Borrower shall promptly notify Larder of Borrower's change of address If Lander specifies a procedure for reporting Borrower, s flange of address, then Borrower shall only report a change of address through that specified procedure There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lander shall be given by delivering it or by mailing it by first class mail to Lender's address stated heroin unless Lander has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lander until actually received by Leader. If any notice required by this Security lnstrunvw is *0 required undo lLaw, the Applicable Law requirement will satisfy the corresponding requirement under thiSomu* Instrument. 16. Governing Law-, SoveraMUty, Rules of Construction. This Security Instrument shall be governed by fbderal law and the law of the jurisdiction in which the Property is located. All rights and obligstioru contained In this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by oontract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract in the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect otter provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security instrument (a) words of the masculine gender shall man and include corresponding neuter words or words of the feminine gander; (b) words in the singular shall mum and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be gives one copy of the Note and of this Security Instrument 1& Transfer of the Property or a Benefleial Interest in Borrows. As used in this Section 19, "Interest in the Property" meats nay legal or bansfcial Interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for dad, insddhaaM sale contract or escrow agreement, tine intent of which is the transfer of title by Borrower at a f inure data to a purchaser. If all or any part of the Property or any Interest in the Property is sold or trmflerred (or if Borrower is act a natural paw and a beneficial intact in Borrower is sold or traoshrred) without Lande'a prior written consent. Lander may require immediate payment in doll of all sutra secured by this Security Instrument. However, this option shall not be exercised by Lender if such acerclse Is prohibited by Applicable Law. If Ladar exercise this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days fFan the date the notice is given In accordance with Section IS within which Borrower must pay all twos secured by this Security Instrument If Borrower fails to pay time sums prior to the expiration of this period, Lander may invoke any remedies permitted by this Security Instrument without farther notice or demand on Borrower . It. Borrower's Right to Rehaatate Alter Acceleration. If Borrower meets certain co dido% Borrower shall have the riot to have enforcement of this Security Instrument discontinued at any tine prior to the earliest of (a) five days before sale of the Property pursent to any power of sale contained in this Security huhu went; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment adbrdmg this Security InstrwmonL Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 00690816 -9604 OZk-4(P'h'lr0°°'? -P1=016 10/29/2004 6:24:01 Form 3039 1101 agreements; (e) pays all expenses incurred In enforcing this Security lnstrument, including, but not limited to, reasonable attorneys" fees, Property inspection and valustien fits, and other has incurred for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument; and (d) takes such notion as Lander may reasonably require to assure that La xWs interest In the Property and rights under this Security Instrument, and Borrowee a obligation to pay the sums secured by this Sam* Irstnament; shall. continue unchanged. Lender may require that Borrower pay such reinstatement suns and expenses in one or more of the following forma, as selected by Lender: (a) cash; (b) money order; (c) catifled check, bank check, treasures check or cashier's check, provided my such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatanent by Borrower, this Security Instrument and obligations seemed hereby shall rara I fally effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section IS. 20. Sala of Note; Change of Loss Servieer, Notice of Grievance. The Note or a partial interest In the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A ask might result In a change in the entity (known as the 'Loan Sosvicer") that collects Periodic Payments due under the Now and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or mss changes of the Loan Service undated to a sale of the Note. If there is a change of the Low Sexvicer, Borrower will be given written notice of the cheuge which will state the name and address of the new Loan Savicer, the address to which psyma?b should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note Is sold and therta ter the Love Is serviced by a Loan Services other than the purchaser of the Note, the mortgage loon serviahug obiigations to Borrower will remain with the Loan Servicer or be tmn*ffed to a suocwor Loan Servicer and are sot named by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commenca, join, or be joined to my judicial action (as either an individual litigant or &a mamba of a claw) that arises from the other party' a actions porsamt to dais Security Instrument or fist apeges that the other party has breached any provision of, or my duty owed by reason of, this gsomity Instrument. until such Borrower or Lender has notified the other party (with such notice given in oanplianoe with the requirements of Section IS) of such alleged breach and aeffaded the other party hereto a reasonable period after the giving of such notice to take corrective aexiom. If Applicable Law provides a time period which must elapse before certain action an be takee, that lima period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section I S shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hmrdoes Substanes. As used in this Section 21: (a) 'Hazardous SobstanoW are time substances defined as toxic or hsvardous substances, pollutants, or wastes by Environmmbl Law and tie following substances: gasoline, kaoaens, other flammable or toxic petrolegum product, toxic pesticides and herbicides, vohdle solvents, materials containing abeam or formaWdgrds, and radioactive materials; (b) "Environmental Law" means flnderal laws and laws of the jurisdie lon where the Property is located that relate to hanlh, safety or environmental protection; (c) "Environmental Cleanup" includes my response action, remedial action, or removal action, as defined in Environmental Law; and (d) a "Envirooma ial Condition" mama a condition that can carne, contribute to, or otherwise trigger an F.uvironmental Clenmp. 006508186-9604 wadx=rlu ft")P-6) v-13aeaa 10/29/2004 6:24.01 F-3039 1101 • i Borrower shall not am or permit the presence, use, disposal, storage, or release of any Hazardous Substances. or threaten to release any Honrdous Substances, on or in the Property. Borrower still not do, nor allow anyone also to do, anythirgt affecting the Property (a) that is in i on of any EnvhronmenW Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substances creates a condition that adversely effeda the value of the Property. The preceding two.senonces. shell tuot apply.to the presence, use, or storage on the Property of small quantities of Hazardous Substances the are?aah lY reeogoixed to be appropriate to normal residential uses ad to maintenance of the Property (iraelnding. but not limited to, hazardous subuseca In consumer prodaeb). Borrower shall promptly give Larder wrigen notice of (a) any investigation, cletm, demand, lawsuit or other action by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or Environmental Law of which Borrower has admd lcnowl (b) my Environmental Condition, including but not limited to, sty spilling. !asking, discharge, release or threat of release of any Hazardous Subunxa, and (c) any condition caused by tho presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower Imrm, or is notified by arty ggovernmeadal or regulatory authority, or any private party, that any removal or other remedistiora of stay Hezrdoas Substance affecting the Property is necessary, Borrower shell promptly take all necessary remedial actions in accordance with Environmental Law. Nothing heroin shalt create my obligation on Linde' for an Environmental C kw* NON-UNIFORM COVENANTS. Borrower and Lender ftwdw cove mat and agree as follows: 22. Acceleratim; Remedles. Lander shall give notice to Bortoww pprriior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (bat ant prior to acceleration order Secdon 13 anew Applicable Law provides etherwiss). Leader 44 notify Borrower of, among other things: (a) the default; (b) the action required to can the default; (e) when the default mast be enred; and (d) that fsilare to care the default as specified may malt In acceleration of the sums seared by this Seenrity loshu amt, foreclosure by ladidal proceeding and ante of the Property. Lender d" farther inform Borrower of the right to ninstala after acceleration and the right to eased is the foreclosure proceeding the eon-exisinea of a dehalt w any other defame of Borrower to acceleration and foreclosure. It the default is not cased as specified, Leader at its optiea may require Immediate payment in fail of all sums secured by this Security Instrument without fattier demand and may foreclose this Security laatroment by jodkW proceeding. Leader shalt be entitled to collect all expenses Incurred In parming the remedles provided in this Section 22, hadudh% but not limited to, attomeye fees and costs of title evidence to the extent permitted by Applicable Law. 23. Relines. Upon payment of all sine secured by this Security Instrument. this Security Instrument and the estate conveyed shall tetwdnato and become void. Alta such occlrraw% Leader shall dhocbarge and satisfy this Secrhy Instrument. Borrower shall pay any recordation costs. Leader may charge Borrower a fee for releasing this Security instrument, but only if the fee is paid to a third party for services rendered and the charging of the he is permitted under Applicable Law. 24. Waivers. Harrower. to the extent permitted by Applicable Law, waives and relames any error or defects in proceedings to ahtoroe this Security lasnument, and hereby waives the bendt of any present or fbture haws providing for stay of motion, extension of time, exemption from at scluno t, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to are how prior to the commenccnad of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. 26. Purchase Money 11 grillage. If any of the debt secured by this Security Iastrumad Is lax to Borrower to acquire title to the property. this Security Instrument shall be a purchase massy gag 27. Interest Rate After Jadgmeat. Borrower agrees that the interest rate payable after a?judgmaad hs entered on the Note or In an action of mortgage foreclosure shall be the rats payable from time to three under tiro Note. 006500111 -9604 ®0-f(PA)pose) Pap 14011 10/29/2004 6:24.01 Fonn3039 fro! 3867 r BY SIGNING BELOW, Borrower woq*s and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it Witnesses: it.:: ?: 2-. "( ) lBRRI L. A002RICI -B01"wer - ONO 4)omrim - (S_1) •Borrmw - (Sean -Borrower _. (sew) -Borrower (SeaD -Borrower - (Sea!) -Borrower -0081) -Borrower 0065081796-9604 OW(PA) p-) veeelsdcs 10/29/2004 6:24:01 Ferul3939 1101 .? f r Ce1tiflCateoff RnWe ce I, eo I ? ?VtO L& IZ&OC ?- do hereby certify that the correct of go wkhkl-rjwned M Witness my day of COWAONWEAL7H OF PENNSYLVANIA (dtdrl6*xd County es: On this the 'g 9 ih day of (3j& M . o Mq before me, the undersiwmd oftixp wmll r appeared b 4 'R ,bra It @f I I/ known to me (or satisfactoriy proven) to be the person(s) whose name(s) Won subscxrb@d to the within instrument and admviledged that helshelthey executed the same for to purposes herein contained. IN MATNESS WHEREOF, I hereunto set my hand and official seal. my Commission No dd sat Kq 4 YameU, Nohry PAN bb Co ? ? NMber Psnwyhe?i Awodetlon d rmA- 4WWAC4M pp" is of is 00MI796 - 9604 IOfP9r2004 0:2401 AM 8K i 892PG3869 a FIDELITY NATIONAL TITLE INSURANCE COMPANY LEGAL DESCRIPTION File No. 0410-00839 Commitment No. 0410.00938 AN that certain tract or parcel of land skuats In Lower Allen Township, County of Cumberland, Commonwealth of Perxaylvania, bounded and described In accordance with survey and plan thereof made by Gerrit J. Belt, Registered Surveyor, dated January 2, 1970, as foNows: BEGINNNG at the intersecdon of the Eastern Ine, of Belmont Avenue and the Southern One of Maple Avenue, thence along the Southern be of Maple Avenue North 52 degrees 10 minutes East, One hundred Sbdy tl m and Twenty-seven hundredths (183.27) fast to a fence post, a comer, thence along the Wadem line of Whndeor Place South 26 degrees 45 minutes East, Orte hundred Twentydwo and Twenty-eight hundreds (122.28) feet to a fence post; thence along tots Nos. 14,13,12, 11, 10, 9 and 8 on the hereinafter mentioned plan of lots, South 52 degrees 10 minutes West One hundred Seventy-far and Ninety-three hundredths (174.93) feet to an Non pin on the Eastern line of Belmont Avenue: thence Wong the same North 21 degrees 39 minutes West One hundred Twenty4W and Five hundredths (125.05) feet to the pod and place of Beginning. Property Parcel Number 13-24-0795.088 BK 1892PG3870 ! 4y r ADJUSTABLE RATE RIDER (LIBOR Slx4lonth4ndex (As Published in the Wall Street Journal)- Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 20 day of October. 2004 and Is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust?rity Deed (the "Security Instrument! of the same date given rgtho undersigned (the to o g the property descscribed In the Security Instrument and "L ")) of the ssame date and covering located at 701 BELMONT AVENUE, MECHANICSBURG, PA 17055 I11c Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE SORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial Interest rate of TAN %. The Note provides for dIanges in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANCES (A) Dabs The IInterestChaWra le I will pay may change on the first day of December, 2006 . and on that day every sbdh month thereafter. Each date on which my interest rate could change is called a "(Mange Date.` (B) The indeoc Begkning with the tirM Ch ofleted aarr?hgge Date. my interest rate will be based on an Index. The "Index" is the average of Interbank rates for six-month U.S. dollardenomirntM the London market ("LIBf?, as published in the V*M Street Joumai. The most Irde c figure avaftb as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notke of this choke. Loan Number. 0065081796 - 9604 awl pew UM) Pegs 1 of 3 Irmak _ 10/2912004 6:24V AM BK 1892PG387 I !fi * P '.. . C) Calculation of Changes I?efore each Change Date. the Note Holder will calculate rry new Interest rate by adding sbc percentage points ( .000 %) to the Current index. The Note Holder will then round the result of this liddilon to the nearest one-eighth of one percentage point (0.125%). &*d to the Orrdts stated in Section 4(D) below, this rounded amount will be my new interest rate until the nerd Change Date. The Note Holder will then determine the amount of the monthly paymeat hurt would be sufticlarlt to n?my the unpaid principal that I em e)Wcted to owe at the Ctrsnge Date in full on the maturity date at my new interest rate In subs ifl* equal payments. The result of this calculation will be the new amount of my monthly payment (D) tbnits on Interest Rate C es The Interest rate I am required to pay at the first Change Date will riot be greater than 9.000% or lose than 7.000%. Thereafter, my interest rate will new be Increased or decreased on any single Change Date by more than One(1.000 %) from the rate of interest I have been paying far the pnc.9ding six months. My Interest rate will never be greater then 13.000)% or less than 7.000)%. (E) Effective Dab of Changes My new Interest rate will become effective on each Change Data. I will pay the amount of m)r new rnon * payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payrnent changes again. Notice of Cha" The Nola Holder will delver or mail to me a notice of any changes in my Interest rate and the amount of my monf payment before the effective date of any The notice will include Information required by law to be given me and also the title and change. number of a person who will answer any question 1 may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL MEREST IN BORROWER Section 18 of the Security Instrument is amended W read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in thin Section 18, "Interest in the PropeW means any legal or benendaai Interest In the Property Including, but not Umflsd to, those beneficial interests transferred In a bond for deed, contract for deed, Installment sates contrail or escrow agreement the Intent of which Is the transfer of title by Borrower at a future date to a purchaser. InMb -IV Loan Number. 0085081798 - 9804 6W2 (Rio 1XM) Page 2 of 3 1029x1004 6:24:01 AM BK 1892PG3872 ? !r x I 3 H an or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred) of sl sums vAftx t Larder's pprriioorr written consent, Lander may require irnn a payment In toll secured by this Se?ity Instrumm t. However, !file option shall not be ex rcieed by Lender if such exercise is prohibited by federal law. Lender also shall not exercise this option it (a) Borrower causes to be submitted to Lander Information required by Lender to evaluate the Intended transferee as it a new loan were being made to the transferee; and (b) Lender "son abty determines that Landers security will not be impaired the loan assumption and tlxat the risk of a breach of any covenant or agreement in this Securr Instrument Is acceptable to Lender. To the extent perrrNtted by Applicable Law, Lender may charge a reasonable fee as a corditlon to Lender's consent to the ban assumption. Lander may also require to transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all to promises and made in the Note and in this Security Instrument. Borrower will continue to be under the Note and Oft Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment In AK Lender shat glue Borrower notice of aooelaretlon. The notice shaA provide a period of not lets than 30 to from the data fire E is given b accordance wf Section 15 within vrhich Borrower must pay a1 sums secuthis Security Instrument H Borrowrer tags to pay these sums prior to the expiration of th ment without fuor demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this AdAntable Rate Rider. 1 V \ (veal) TERRI L. DOUTRICH Borrower (So" (Seal) Botrower Borrower T Certify this to be recorded in Cumberland County PA Loan Number: W65081796 - 9604 Recorder of Deeds e1oa aw uw) Pape 3 01 3 102900 6:24.01 AM OK I892PG3873 EXk1?j4 „F „ jum 0065 81796 -9604 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) Tm MOTE CONTAINa PROVISIONS ALLOWWO MR CHANGES IN MY WiMW RATE AND MY MOMMY PAYMENT. TINS NOTE LNMITIS IM AMOUNT MY MT WW RATS CAN CHOU AT ANY ONE TM AND TM MAMMA RATE 1 MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVISIONL OdrAW 29.2004 White PWN NY POW loarl lwU 701 BELMONTAVENUE, MECHANICSBURG, PA 17065 Fop"Allcft 1. BORROY "PROMSE TO PAY In return for a ban that I have recehred, t prorni» to PaY U.S. S 6400A0 Me amount k caled "prkxwp plus mvest, to the order of the Lender. The Lender Is Argent Morfpage Connparry, LLC . I understand 0nat the Lender may transfer tlrk Nom The Lender or a WOW who tarsus 06 NOW by transfer and who Is entitled to recalls payments under fhk Note k called the 'Note H *W L INTEREST kftmd will be charged on unpold pckrolpW urAl fhb full amount of 5 1 * has been paid. I will pay ftrad at a t interest ramo of 7" %6 This Interest: raft I will pq may charos In amordarm with Section 4 of #ft NolL The p nquiud by 96 t3wdm 2 and Section 4 of Itds N thek rele I will pay both bsfaa and at6r dallemil} described In Swim 7(8) of this Nom. PAYMENTS (A) Tkme mad Place of Pgrmrrte 1 wE pay ptirrrkat and khprest by peeling p8Vvn@nts svaY monfb. I wil meta my mm" payments on the first day of each 9.0118 bahgkwig on dmmmwy 1.3000 1 will uses fusee payments everymon0h urel i have paid all of do prkr.ipN and IruterasI and any other dtar9, deeabed below that t may awe under the Nom. My fnQW* payrmnM whl be applied to bome4 before principal. Kan Deamsbea 1, 3934. I so we amazes under this Note, I will pay those aaauea In ful on that date, which Is Q*W the Make* data. i wit make rM pftvw a at SW City Per" Weal, SWte 100, Ora 4m CA 921109 or at a difleront place If required by the Note Holder. (B) Amount of My W" Moatbq Paytmante Each of my kultel rr W ft W Me* Will be in the amount of U.S. $ 42LIO . This amount a" change. (C) Prim" Man" Charges kt my rnontby prgm w t will relied dnangev in the WOW prfueipal d mY bun and b the khMnat utrte that I must pay. The Nato Holder will dekurnkte my new extend rap and do charged amount of nit mondey papnent in aooadrarca with Section 4 of the Nom. IN 1904 I RATE AND MONTHLY PAYMENT CHANGES (a) Cho" Dallas The ink rent rata i will pay may change on On brat day of Doclasber, 2000 , WA on that day every abdh moreit #weallar. Each date on which nW Interval rap could dwge Is and a "Change D.M." (a) The kxw Begird ft with 9ne test Charge Date, nq? kumnst rate viii be based on an Index. The NWW Is the awrage of hlMrbank oft , taps for sk-nt M U.S. doter denominated d*odk in 00 Lordlon market ('IJBOR% as pubMshed In The Wal SOW Journal. The east .sheers laded tigwe available as of She date 45 days before the Change Omla k caled Fths "C,hu?ent Undeuc" if at any point in Fine the index is no bnger avalable, the Note Holder will drove a rrw index that Is based upon comparable kdorm ilon. The Nom Holder wit gfvs me nofice of this choke. (C) CakulaN of Chen04s P.etom each Charge Date, the Note Holder will calculate my now interest rule by adding six pwcerhtege pole(s) s.000 %) to the Current index The Nom Holder wilt Iran round the result of this addition to fhb rand one4g0 t of one percard (0.125%1 Suloct to the Ikrhls stated In Section 4(D) below, fhis raided annount will be my new karest rife until fhb next Change Date. The Note Holder will then determine the amount of the mom9tlir payment that mould be sufficient m repay the unpaid principal that I am expecbd to ova at the Change Date In full on No Malurly Date at my new interest rate In substwd* equal payments. The result of the CNWMM will be V* now arnouad of my Mon@* payment WAFAV" at" nvaw.? 1 or3 100=04 9.24:01 AM Number: 0066081798 - 9604 (D) Lkn is an bowed Blob Changes The kderest rate I am required to at sit to Ike Dab will not be greeter then LIM % or less than 7:000%. TltsreaMr, rry kteem %Wf river be or dsaroessd on shy sus Dabs by thole than One pero6itagt {tabl(e) 1.000%) from th rate of kileres 1 haw been pe for the p man, Ox marift My iraersrt rate Wig near be.greabsr than 13A00 % or less than T.000 % (E) tar Dane of Chances 1fi? new enerwt tabs become aBecgve an each Change Dabs. i will psry the amount of my new matlMy payment begirmOng on iha Orst monthly payment dab after the Change Date urd the amount of my monthly paymerd "In on agah (F) Notba of chwpa The Noes tfofder willdelver or mall to me a noios of any changes in my interest rate and the amount of my tnom IAj payment tetra the effadn dale of any tinge The ndtos will Include infonnotm requked by law to be given me and also In tills and telephone member of a person who will answer any question I may have regarding the notice. PREPAYMMPRN LEGE I may repay. ale or any part of the principal Ihaterecs of tth Note In accordance with the terms of this Secdom A bpropaymert le any amount that I pay In excess of my regularly scheduled paymenle of ; i - that I* Lenderwill apply to reduce theotltstardrig prklco m balance on this Nola In acoordence wNn M Section. (A) Paepa M* Media Three (3.00) year(s) Alter the Date of this Nob 1 *M not haw to pay a prepayment longs if 1 madae a prepaymat on the Three (3.00) year anniversary of the date this Note.b exeauled, or at any time thereafter. (B) Prapayrnenrt Made 11Y" Three (3.00) y"*) of the Date of tads Kota N the original prkecipol balance of my loan exceeds 1160,=00, 1 will pay Lander a prepsyment charge K In any twelve (12) month period beiofe the Three (3.00) year enrdvenary of the dabs this Nola Is eaaaed, l prepay Hero than 20% of the anginal principal balance of tte NOW Tlis prepayment charge will be aka (0) month k4west, at the nela then in etbct an Ile Nobs, on the amount in excess of 20% of the od*d principal balance that I prepay within math 12 month period. (C) ApplIcaltaa of FlMida 1 agree tit when 1 Irtdcab In wW*V that I am m ddng a prepayment, tie Lander shall apply PjWt It receives list to Pay any p epaymat clings and nod in - wet ice with the order a application a psynhMs eat bate in Section 2 ?the8eaxahly Ira6lnrrieid. (D) Man" Pagnnsaite K 1 make a prepayment of an amend less than In amount needed to completely repay all amounts due utter this Nob and Seaallr kalru met, my regulaly scheduled payments of principal and ktereet will not change as a re9adt. LOAN C1tVtM go law, which apples to this ban and which ass maAun ban dw9es, Is ft* interpreted so that the Worest or other bat charges collected or b the collected In conneeft with lift ban eeoesd the pale 0 bit tilt (q any such look large anal be reduced by the armtt necessary to red i e th charge to to pwmMed %* and (ill any scans dready collected from me whid owes" petnhWan irate will be Minded b me. The Note Holder may dnoose b nib ids rMlxtd by redo log the , I ii, Iowa undertie Nob or by mhldng a dread paynwt b ms. If a reftaid are No to paktctpal, the reduelbn will be (re' I as a partial prepsymnad. BORRDMNWS FALBRE TO PAY AS WOW= (A) Late droves IN Om" PsymeW KIM Ncee Holder has not received to the aahohud a any monthly payment by file and of tMtesn oaternda d"a aft ilia dale k b due, I will pay a We ehaDs b We Nile Fielder. The anoht oltic dheip wd be 11.000% of my Overdt a poymhad of principal and lataseL 1 will pay this it % charge pronely but only hoe all each late PI= WI do riot pay the full amount of each monthly payment on the doe it M due, l will be in dsma (C) Notice of Ds(z If I am in defatk, the Nab Holder may seed me a written notcs teeing me Met IF I do not pay the overdue amount by s aerktn dale, the Hob Holder malt requite me b pay innmadisply the fullanout of i I cf(d which has not been pad said all to k*na tia< 1 owe an trot amount The dale must be at lest 30 days alter to date on which t» 1 oil r i Is dedvsrod or mailed to me. (D) No Waiver by Note Holder Even K, at a time when I am im dshuk, the Nob Holder doss not require no b pay Immediately in full as described above, the Note Holder wli ON have th right to do so K I sin in defeuk at a lacer erne. (E) Psyrowt of Mob Holders Costs said Expedses K I* Nob Holder has regklred me to pay banedle" in loll as described abw.% the Note Holder will have to right to be pad back by me for all of its cams and egrenses in anbvhg this Note to to apdent not prohibited by appicablelow. Those expeneah rockets, for w arnple, reasonableatbrneye lass. ill GNM OF NOTICE! Unless applicable law requires a dfsrent mathod, any notice that must be *an to me hander fhb Nola will be givers by deiverthg it or by mailkV it by Iled dace mate to me at the Property Address above or at a different address if I g? a the Note Holler a notice of my MOW address. Any notcx that must be given to the Nob Holder u tar this Note will be given by malting k by that doss mate to the Note Holder at the address staled in section 3(A) above or at a differed address K I am given no** of that differentaddress. WtWAnp+.OWM 2d3 MM M 624*1 AM 0 Aten. 0065081790 - 9644 8. OSLIOATMS OF PERSONS UNDER THIS NOTE H naffs tiara ono parson signs We Nola, each parson b iWy and pwsonelyr oftied 10 hasp All d the promises made in C1b Mop, Including the pnxnlss b pay the AA amount owed. Any parson who it a gtwrsnW, surety or endorser dldds NOW Is abo d>Agabd to do Cron irides. Any perreon who Was over 41040 ob19 IF I Inakdrt the obligations of a guwwdDr. surety or arndwoor of Cps Note, IS also obApated to hop sir of the pfordsaa mods in this Nob. The Nob Helder may enforce b rights under Cris Note against each person ldvidudy or agalst all of us bgo0w. This means Cunt any one of us may be ro**ed b pay all of to awo nis owed under this Note. IL WANSRS I and wary o0w person who has obAgafto ardor ibis Nob welve to rigtb of pnssentmant and nodcs of dtefic, r . "PmserrreW mars the ftM b re"Irs Vo Nobs Holler b demand payment of wn=*B duo. "Notre d oMmw means the dgM b require to Note Holder b giro nofke to other persons #W amounts due have not been pall. 11. UNIFORM SECURED NOTE This Noble is a untbrm i alrume nt with b tad VwW* ns in soma Wsdfofas. In ad AN' - b the probcgons 911000 b Ice Nob Holder under ft Note, A McrVsq , Dead of Treat or Saprrty Dead OW Vomwily insbu mend Mad the - , as ft Nob, protects tie Nob Holder from possible been vhft might fn* if I do not"ins pondses tat I mo ko b tide Note. That Ana Se=#y lust ument dsacrlbea how and undarwhat cordAora I nay be required b make inmedleb payment In U of all amounts I owe under this Note. Some of to= conditora are desabed as *Qmc Transfer of do Properly or a Senefldol Interest in Bomcwer. ff all or any part d nibs Property or any Inlared In It Is sold or hwm tared (or 0 a bwmftW Interest In flom wer Is sold or bwwbmed and Bo .ow is not a nd" parson) wilhout In Landers prior wn'tbn coneeM. Larder may, at ft o)tion, require innnadbp payment In Aril of all sans waxed by ft Security Instrument. However, ibis option shall not be errs .1 od by Lender C eorenclee Is pfdg*od by federal Iwo as of the date d tlds Sbw* Instrument. Lender also shall not eoardse fide option It (a) bwrwA r causes b be wAxn ed to lender idiom edon required by !.ender to avaiwp #* intended frerslsrea as F a new loan veers bait made to the transhres f and (b) Lender reeaond* delenrdnes 1W Lenders swA* will not ba impaled by the kw assumption and #W the dsk of a breads of any ooenwd or agreement in ft 3agnity klslunard Is soceph"s b L.andar. To flea es<lennt permdtbd by applicable law, Lander may dnerga a reasonable fas as a oarxilbn of Lender's ¢orserd to the ban aenanplcn. Uxxw may 9w teq*t ft trwsterea b OF an asaw wit spasns+tt 1lfat is eoceppbia b lerndar and Ist obflgebs ifs irsnanfares b keep all tl1e dim Wages isiftmade in the Nole and In this f3 =rW Instrunent. Borrower wE minus b be obNpled under ft Noe and ft Seaxffy IrulumaM ltidsee Lender rsb"ve Borrower in wn". If Landow errarcb, ft option b regale lnrnadbp payment in fir A, Lander shall &* ft.m r rnotice of a==dwaftL Tim.notoe shall provide a period of not less than 30 days iom tie data ft nofe In defterad or malled Wiliin w*h the BOwoww must pay all suns sacwW by Ida Sow* I alrum o t If Bor"Wer falls b pay mess sums prior b line expiation of Ida period, Lender may kwola any refrnsfts pwn tad by lips Sooxity ka twlent wllhout Anntiar notice or demand on Borrower. Oral spvosnarp, proaspa or cornmitrasift to land money, exlead credit, or forbear item sal ift ropayaant of a da6t, kmkrdsg F , I , a to =W4 moft, resew or walla such dabs, are rot antoraaabM This owlets agrsarwrt eorpMOS and ft lorras nibs eorrowar(s) and /Ace I.andar have agreed b. Any subN*nA agreeaanR between as rogercifng this Nob or 1110 Insb mwe d whlab sasses Oft Nola must be In a *%nod wiling to be legally enkmmbb. VWWTS THE HANO(-S) AND SEAL(S) OF THE UNDERSIGNED. jv?. • {Seal) (w) Borrower Borrowar (ad) Borrower 1K7?A06., ftQ 30f3 te?2e AN 6`.44.'01 AM EXHIBIT 11 G " Sep-23-08 08:13am From-Citi Residential Lending Inc +9094762146 CITI RESIDENTIAL LENDING P.O. BOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REQ BY ML„ CUSTOMER ACCOUNT ACTIVITY STATEMOT T-861 P.001 F-445 DATE 09123/08 PAGE 1 TERRY L AOtTTRICH 701 B2LMONT AVENUE MECHANICSBURG PA 17055 LOAN NUMBER: 0065081796 ?**wwwwwwttxtxt**x**?*?**wwwwwwttxx***t****ww*wwwttxt*****wwtwtttxxxxx*x**wwwww -------------------------- CURRENT ACCOUNT INFORMATION ------------------------ DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BALANCE BALANCE 11-01-07 672.96 555.94 10.00000 62,253.03 7„ 011.67- **ww.rttttwtwxx*,e******w****wwwtxxxxt*******#t*ttwwtxxx*******+tttwtx********www ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS DUET TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------------------------------------------------------------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------ OTHBR------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION ------------------------------------------------------------------------------- 09-22-08 11-07 161 ESCROW ADVANCE 345.00 0.00 0.00 345.00 09-22-08 10-08 351 HAZARD INSURANCE DISBURSEMENT 345.00- 0.00 0.00 345.00- 1011.67- NEW PRINCIPAL/ESCROW BALANCES 09-16-08 11-07 152 LATE CMQQE ASSESSMENT 0.00 0.00 0.00 0.00 33.38-1 LATH CHARGE 08-18-08 11-07 152 DATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 33.38-1 LATE CHARGE 08-08-08 00.00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 07-29-08 00-00 633 MISC. F/C AND B/R EXPENSES 165.00 0.00 0.00 0.00 07-18-08 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 07-17-08 10-•07 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 07-17-08 20-07 173 PAYMENT 0.00 36.86 519.08 117.02 672.96- SUSPENSE 62,253.03 666.67- NEW PRINCIPAL/ESCROW BALANCES 07-17-08 00-00 710 ATTORNEY ADVANCE REPAYMENT 0.00 0.00 0.00 0.00 477.42- SUSPENSE 07-19-08 10-07 1S2 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 33.38-1 Lik= CHAMS Sep-23-08 08:13ae From-Citi Residential Lending Inc +9094762148 CITI RESIDENTIAL LENDING P.O. BOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REQ BY ML_ CUSTOMER ACCOUNT ACTIVITY STATEMENT T-861 P.002 F-445 DATE 09/23/08 PAOB 2 TERRI L DO[TPRICH LOAN NUMBER: 0065081796 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS DtM TRANSACTION TRANSACTI ON EFFECTIVE DATE DATE DATE CODE DESCRIPTI ON OF TRANSACTION ------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ---------- --OTHER------------- AMOUNT BALANCE INTEREST BALANCE ---------------------- AMOUNT CODE/DESCRIPTION ------------------------------- ---------------- 07-16-08 10-07 -------- - 173 PAYMENT 136.30 0.00 0.00 0.00 136.30 SUSPENSE 07-09-08 00-00 630 ATTORNEY ADVANCES 2.18 0.00 0.00 0.00 06-27-08 00-00 632 STATU'T'ORY EXPENSES 150.00 0.00 0.00 0.00 06-27-08 00-00 630 ATTORNEY ADVANCES 550.00 0.00 0.00 0.00 06-19-08 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0100 06-16-08 10-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 1 0.00 0100 36.07-1 LATE CHARGE 06-13-08 10-07 173 PAYMENT 136.30 0.00 0.00 0.00 136.30 SUSPENSE 05-16-08 3.0-07 152 LATE CHARGE ASSESSMENT O.OD 0.00 0.00 0.00 36.07-1 LATE CHARGE 03-15-08 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 05-13-08 3.0-07 173 PAYMENT 136.30 0.00 0.00 0.00 136.30 SUSPENSE O5-02-08 09-07 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 05-02-08 09-07 173 PAYMENT 0.00 36.55 519.39 117.02 672.96- SUSPENSE 62,289.89 783.69- NEW PRINCIPAL/ESCROW BALANCES 04-30-08 09-07 173 PAYMENT 718.25 0.00 0.00 0.00 718.25 SUSPENSE 04-18-08 00-00 631 PROPERTY PRESERVATION 11100 0.00 0.00 0.00 04-16-08 09-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 36.07-1 LATE CHARGE 04-16-08 09-07 173 PAYMENT 136.30 0.00 0.00 0.00 136.30 SUSPENSE 04-07-08 08-07 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 04-07-08 0S-07 3.73 PAYMENT 0.00 36.25 519.69 117.02 672.96- SUSPENSE 62,326.44 900.71- NEW PRINCI PAL/ESCROW BALANCES Sep-23-08 08:14am From-Citi Residential Lending Inc +9094762148 T-881 P.003/014 F-445 CITI R$SIDENTIAL NWING P.O. SOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REO BY ML CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 09/23/08 PAGE 3 TERRI L DOU'PRICH LOAN NUMBER: 0065081796 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS DUE TRANSACTION TRANSACTIQN EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------------------------------------------------------------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT -- --- ---- BALANCE INTZ"ST BALANCE --- ---- - ---- -- -- AMOUNT COWDESCRIPTION - - - - - - -- - --- 03-31-08 08-07 - - --- --- ---- --- - 113 PAYMENT ------------- ---- -- - ---- -- 760.16 0.00 0.00 0.00 760.16 SUSPENSE 03-24-08 08-07 161 ESCROW ADVANCE 406.20 0.00 0.00 406.20 03-24-08 04-08 319 TOWNSHIP TAX DISBURSEMENT 406.20- 0.00 0.00 406.20- 1017.73- NEW PRINCIPAL/ESCROW BALANCES 03-19-08 00.00 631 PROPERTY PRESERVATION 11.00 0100 0.00 0.0D 03-17-08 08-07 152 LATH CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 36.07-1 LATE C2=GE 03-12-OB 00-07 173 PAYMENT 138.91 0.00 0.00 0.00 138.91 SUSPENSE 02-27-08 07-07 168 REPAY OF ESCROW ADVANCE D.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 02-27-08 07-07 173 PAYMENT 0.00 35.95 519.99 117.02 672.96- SUSPENSE 62,362.69 611.53- NEW PRINCIPAL/ESCROW BALANCES 02-26-08 07-07 173 PAYMENT 760.16 0.00 0.00 0,00 760.16 SUSPENSE 02-19-08 07-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 36.07-1 LATE CHARGE 02-19-08 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 02-14-08 07-07 493 ARM LOAN ADJUSTMENT NEW INTEREST RATE: 0.10000 NEW PRIN & INT PAYMENT: 555.94 02-14-08 06-07 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 02-14-08 06-07 173 PAYMENT 0.00 43,12 468.31 117.02 628.46- SUSPENSE 62,398.64 728.55- NEW PRINCIPAL/ESCROW BALANCES 02-13-08 06-07 173 PAYMENT 138.91 0.00 0.00 0.00 138.91 SUSPENSS 01-17-08 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 01-16-08 06-07 152 LATE CHARGE ASSE88MINT 0.00 0,00 0.00 0.00 36.07-1 LATE CHARGE Sep-13-08 08:14am From-Citi Residential Lending Inc +9094782149 CITI RESIDENTIAL LENDING P.O. BOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REQ BY ML_ CUSTOMER ACCOUNT ACTIVITY STATEMENT T-881 P-004/014 F-445 DATE 09/23/08 PAGE 4 TERRI L DOUTRICH LOAN NM RR: 0065081796 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS DITE TRANSACTION TRANSACT ION EFFECTIVE DATE DATE DATE CODE DESCRIPT ION OF TRANSACTION --------------- TRANBACTION -------------------------------- PRIN. PAID/ ESCROW PAID ---------------------`---------- / ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION ------ --------------- 01-16-08 05-07 -------------------------------- 168 REPAY OF ESCROW ADVANCE ----------- --------------- 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 01-16-08 05-07 173 PAYMENT 0.00 42.80 468.63 117.02 628.45- SUSPENSE 62,441.76 845.57- NEW PRINCIPAL/SSCRON BALANCES 01-16-08 05-07 173 PAYMENT 138.91 0.00 0.00 0.00 138.91 SUSPENSE 01-15-08 05-07 173 PAYMENT 672.9E 0.00 0.00 0.00 672.96 SUSPENSE 12-24-07 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 12-21-07 04-07 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 12-21-07 04-07 173 PAYMENT 0.00 42.48 468.95 117.02 628.45- SUSPENSE 62,484.56 962.59- NEW PRINCIPAL/ESCROW BALANCES 12-20-07 04-07 173 PAYMENT 672.96 0.00 0.00 0.00 672.96 SUSPENSE 12-17-07 04-07 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 33.36-1 LATE CHARGE 12-10-07 04-07 173 PAYMENT 138.93. 0.00 0.00 0.00 138.91 SUSPENSE 11-30-07 03-07 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 11-30-07 03-07 173 PAYMENT 0.00 42.16 469.27 117.02 628.45- SUSPENSE 62,527.04 1079.61- NEW PRINCIPAL/ESCROW BALANCES 11-29-07 03-07 173 PAYMENT 672.96 0.00 0.00 0.00 672.96 SUSPENSE{ 11-26-07 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 11-20-07 03-07 173 PAYMENT 138.93. 0.00 0100 0.00 138.91 SUSPENSE 11-16-07 03-07 152 LATE CHMOR ASSESSMENT 0.00 0.00 0.00 0.00 33.36-1 LATE CHARGE 11-15-07 03-07 161 ESCROW ADVANCE 117.02 0.00 0.00 117.02 Sep-23-08 06:14am From-Citi Residential Lending Inc +6064762146 CITY RESIDENTIAL LENDING P.O. BOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 RHO BY ML_ CUSTOMER ACCOUNT ACTIVITY STATEMENT T-861 P.005/014 F-445 DATE 09/23/08 PAGE 5 TERRI L DOUTRICH LOAN NUMBER: 0065081796 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATES ----- ------ CODE DESCRIPTION OF TRANSACTION ---- TRANSACTION -----------------------------------------------------_---------- PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT ------ ---- BALANCE INTEREST --- BALANCE AMOUNT CODE/DESCRIPTION ----- 11-15-07 03-07 ------------------- 148 NSF REVERSAL ---------- -------------------------------- 0.00 0.00 0.00 0.00 672.96- SUSPENSE 11-15-07 03-07 147 MISAPPLICATION REVERSAL 0.00 42.16- 469.27- 117.02- 628.45 SUSPENSE 62,569.20 1196.63- NEW PRINCIPAL/ESCROW BALANCES 10-31-07 03-07 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 10-31-07 03-07 173 PAYMENT 0.00 42.16 469.27 117.02 628.45- SUSPENSE 62,527.04 1079.61- NEW PRINCIPAL/SSCRON BALANCES 10-30-07 03-07 173 PAYMENT 672.96 0.00 0.00 0.00 672.96 SUSPENSE 1D-19-D7 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 10-16-07 03-07 152 LATE CHARGE ASSESSMENT 0.00 0100 0.00 0.00 33.36-1 LATE CHARGE 10-15-07 03-07 173 PAYMENT 138.91 0.00 0.00 0.00 136.91 SUSPENSE 10-12-07 02-07 168 REPAY O>~ ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 10-12-07 02-D7 173 PAYMENT 0.00 41.85 469.58 117.02 628.45- SUSPMSR 62,569.20 1196.63- NEW PRINCIPAL/ESCROW BALANCES 10-11-07 02-07 161 ESCROW ADVANCE 234.04 0.00 0.00 234.04 10-11-07 02-07 148 NSF REVERSAL 0.00 0.00 0.00 0.00 672.96- SUSPENSE 10-11-07 02-07 147 MISAPPLICATION REV 92AL 0.00 91.85- 469.58- 117.02- 628.45 SUSPENSE 62,611.05 1313.65- NEW PRINCIPAL/ESCROW BALANCES 10-11-07 03-07 147 MISAPPLICATION REVERRSAL 0.00 0.00 0.00 0.00 10-11-07 03-07 147 MISAPPLICATION REVERSAL 0.00 42.16- 469.27- 117.02- 628.45 SUSPENSE 62,569.20 1196.63- NEW PRINCIPAL/ESCROW BALANCES 10-05-07 03-07 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE Sap-23-08 08:14am From-Citi Residential Lending Inc +9094762148 CITY R$$IDENTIAL LENDING P.O. BOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REQ BY ML_ CUSTOMER ACCOUNT ACTIVITY STATEMENT T-861 P.006/014 F-445 DATE 09/23/08 PAGE 6 TERRI L DOUTRICH IRAN NUMBER: 0066081796 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ----------.. -------------------------------------------------------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST SALANCE AMOUNT COD2/DESCRIPTION ------------------------------------------------------------------------------ 10-05-07 03-07 173 PAYMENT 0.00 42.16 469.27 117.02 628.45- SUSPENSE 62,527.04 1079.61, NEW PRINCIPAL/ESCROW BALANCES 10-04-07 03-07 172 PAYMEN'T' 10-03-07 672.96 0.00 0.00 0.00 672.96 SUSPENSE 10-01-07 02-07 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 137.02 ESCROW ADVANCE; 10-01-07 02-07 173 PAYMENT 0.00 41.85 469.58 117.02 628,45- SUSPENSE 62,569.20 1196.63- NEW PRINCIPAL/ESCROW BALANCES 09-28-07 02-07 173 PAYMENT 672.96 0.00 0.00 0.00 672.96 SUSPENSE 09-21-07 01-07 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 09-21-07 01-07 173 PAYMENT 0.00 41.54 469.89 117.02 628.45- SUSPENSE 62,611.05 1313.65- NEW PRINCIPAL/ESCROW BALANCES 09-18-07 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 09-17-07 02-07 152 LATE CHARON ASSESSMENT 0.00 0.00 0.00 0.00 33.36-1 LATE CHARGE 09-13-07 01-07 173 PAYMENT 139.05 0.00 0.00 0.00 139.05 SUSPENSE 09-12-07 00-00 711 PROPERTY PRESERVATION REPAYMENT 1.50 0.00 0.00 0.00 09-11-07 01-07 161 ESCROW ADVANCE 334.00 0.00 0100 334.00 09-11-07 10-07 351 WARD INSURANCE DISBURSEMENT 334.00- 0.00 0-00 334.00-. 1430.67- NEW PRINCIPAL/ESCROW BALANCES 09-04-07 01-07 493 ARM LOAN ADJUSTMENT NEW INTEREST RATE. 0.09000 NEW PRIN 6 INT PAYMENT: 311.43 09-04-07 12-06 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 09-04-07 12-06 173 PAYMENT 0.00 59.98 365.82 117.02 542.82- SUSPLNSS 62,652.59 1096.67- NEW PRINCIPAL/ESCROW BALANCES Sep-23-08 08:15am From-Citi Residential Lending Inc +9094782148 T-881 P.007/014 F-445 CITI RESIDENTIAL LENDING P.O. SOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REQ BY ML CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 09/23/08 PAGE 7 TERRI L DOUTRICH LOAN NUMBER: 0065081796 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS D13B TRANSACTION TRANSACT ION EFFECTIVE DATE DATE DATE CODE DESCRIPT ION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID / ------------OTHER------------- AMOUNT - -- BALANCE INTERBST - BALANCE AMOUNT CODE/DESCRIPTION - - ---------- 08-31-07 12-06 --------------------- 173 PAYMENT ---------- -------------------------------- 672.96 0.00 0.00 0.00 672.96 SUSPENSE 08-27-07 11-06 168 REPAY OF ESCROW ADVANCE 0.00 0.00 O.DO_ 117.02- 117.02 ESCROW ADVANCE 08-27-07 11-06 173 PAYMENT 0.00 59.63 366.17 117.02 542.82- 'SUSPENSE 62,712.57 1213.69- NEW PRINCIPAL/ESCROW BALANCES 08-16-07 11-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 33.36-1 LATE CHARGE 09-15-07 11-06 161 ESCROW ADVANCE 779.38 0.00 0.00 779.38 08-13-07 08-07 316 SCHOOL TAX DISBURSEMENT 779.38- 0.00 0.00 779.38- 1330.71- NEW PRINCIPAL/RSCROW BALANCES 08-15-07 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 08-08-07 21-06 173 PAYMENT 495.01 0.00 0.00 0.00 495.01 SUSPENSE 07-31-07 10-06 166 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 07-31-07 70-06 173 PAYMENT 0.00 59.28 366.52 117.02 542.92- SUSPENSE 62,772.20 551.33- NEW PRINCIPAL/ESCROW BALANCES 07-30-07 3.0.06 173 PAYMEINT 672.96 0.00 0.00 0.00 672.96 SUSMSE 07-30-07 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 07-16-07 3.0-06 152 LATFS CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 33.36-1 LATE CHARGE, 07-10-07 09-06 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 07-10-07 (19-06 173 PAYMENT 0.00 58.9+ 366.86 117.02 542.82- SUSPENSE 62,831.48 668.35- NEW PRINCIPAL/ESCROW BALANCES 06-29-07 (19-06 173 PAYMENT 628.45 0.00 0.00 0.00 628.45 SUSPENSE Sea-23-08 08:15am From-Citi Residential Lending Inc +9094782148 CITI RESIDENTIAL LENDING P.O. BOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REQ BY ML CUSTOMER ACCOUNT ACTIVITY STATEMENT T-881 P.006/014 F-445 DATE 09/23/08 PAGE 8 TERRI L DOUTRICH LOAN NUMBER: 0065081796 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS DUE TRANSACTION TRANSACTI ON EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION --------------- TRANSACTION -------------------------^------- PRIN. PAID/ ESCROW PAID/ ------------------------------- ------------OTHER------------- AMOUNT ----------- ^--- BALANCE INTEREST BALANCE --- ------- AMOUNT CODS/DESCRIPTION 06-18-07 09-06 ----- ------------------ 152 LATE CHARGE ASSESSMENT -------- ^---------------------- 0.00 0.00 0.00 0.00 30.69-1 LATE CHARGE 06-14-07 00-00 631 PROPERTY PRESERVATION 12.50 0.00 0.00 0.00 05-30-07 08-06 168 REPAY OF ESCROW ADVANCE 0.00 O.DO 0.00 117.02- 117.02 ESCROW ADVANCE 05-30-07 08-06 173 PAYMENT 0.00 58.60 367.20 117.02 542.82- SUSPENSE 62,890.42 785.37 NEW PRINCIPALMSCROW BALANCES 05-29-07 08-06 173 PAYMENT 628.45 0.00 0.00 0.00 628.45 SUSPENSE 05-16-07 08-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 30.69-1 LATE CHARGE 05-16-07 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 05-10-07 07-06 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE OS-10-07 07-06 173 PAYMENT 0.00 58.26 367.54 117.02 542.82- SUSPENSE 62,949.02 902.39- NEW PRINCIPAL/ESCROW BALANCES 05-04-07 00-00 745 CORP. ADVANCE ADJUSTMENT 56.00 0.00 0.00 0.00 05-04-07 00-00 745 CORP. ADVANCE ADJUSTMENT 90.00 0.00 0.00 0.00 05-04-07 00-00 745 CORP. ADVANCE ADJUSTMENT 375.00 0.00 0.00 0.00 05-04-07 00-00 745 CORP. ADVANCE ADJUSTMENT 1,579.00 0.00 0.00 0.00 05-04-07 00-00 745 CORP. ADVANCR ADJUSTMENT 640.82 0.00 0.00 0.00 05-04-07 00-00 745 CORP. ADVANCE ADJUSTMENT 1,575.00- 0.00 0.00 0.00 05-04-07 00-00 745 CORP. ADVANCE ADJUSTMENT 640.82- 0.00 0.00 0.00 05-04-07 00-00 745 CORP. ADVANCE ADJUSTMENT 56.00- 0.00 0.00 0.00 Sep-23-08 08:15am From-Citi Residential Lending Inc +9094762148 CITI RESIDENTIAL LENDING P.O. BOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REQ BY ML._, CUSTOMER ACCOUNT ACTIVITY STATEMENT T-861 P.009/014 F-445 DATE 09/23/08 PAGE 9 TERRI L DOUTRICH LOAN NUMBER: 0065081796 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS DUE TRANSACTION TRANSACTION DATE DATE CODS DESCRIPTION EFFECTIVE DATE OF TRANSACTION --------------- TRANSACTION ---------------------------------------------------------------- PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTRRRST BALANCE AMOUNT CODE/DESCRIPTION ---------- --------------- 05-04-07 00-00 ------------------------------ -- 745 CORP. ADVANCE ADJUSTMENT --------------------- 375.00- 0.00 0.00 0.00 05-04-07 00-00 745 CORP. ADVANCE ADJUSTMENT 90.00- 0.00 0.00 0100 04-30-07 06-06 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 04-30-07 06-06 173 PAYMENT 0.00 57.92 367.88 117.02 542.82- SUSPENSE 63,007.28 1019.41- NEW PRINCIPAL./'ESCROW BALANCES 04-27-07 06-06 173 PAYMENT 628.45 0.00 D.00 0.00 628.45 SUSPENSE 04-19-07 00-00 631 PROPERTY PRESERVATION 11.00 0.00 0.00 0.00 04-16-07 06-06 132 LaATR CHARGE ASSESSMENT 0.00 0.Q0 0.00 0.00 30.69-1 LATE CHARGE 03-29-07 05-06 168 REPAY OF ESCROW ADVANCE 0100 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 03-29-07 05-06 173 PAYMENT 0.00 57.58 368.22 117.02 542.82- SUSPENSE 63,065.20 1136.43- NEW PRINCIPAL/ESCROW BALANCES 03-28-07 05-06 173 PAYMENT 628.45 0.00 0.00 0.00 628.45 SUSPENSE 03-21-07 05-06 161 ESCROW ADVANCE 391.15 0.00 0.00 391.15 03-21-07 04-07 319 TOWNSHIP TAX DISBURSEMENT 391.15- 0100 0.00 391.15- 1253.45- NEW PRINCIPAL,/ESCROW BALANCES 03-21-07 00-00 631 PROPERTY PRRSERVATION 15.00 0.00 0.00 0.00 03-16-07 09.06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 30.69-1 LATE CHARGE 02-27-07 04-06 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 02-27-07 04-06 173 PAYMENT 0.00 57.25 3GR_55 117.02 542.82- SUSPENSE 63,122.78 862.30- NEW PRINCIPAL/ESCROW BALANCES Sea-23-08 06:1Sam From-Citi Residential Lending Inc +9094782148 CITI RESIDENTIAL LENDING P.O. BOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REQ BY ML_ CUSTOMER ACCOUNT ACTIVITY STATMWU T-681 P-010/014 F-445 DATE 09/23/08 PAGE 10 'IERRI L DOUTRICH LOAN NUMBER: 0065081796 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS DUE TRANSACTION TRANSACTI ON EFFECTIVE DATE DATE DATE --------------- CODE DESCRIPTI ----- - ON OF TRANSACTION TRANSACTION -- ------------------------- PRIN. PAID/ ESCROW PAID/ ------..-------------_---------- ------------OTHER------------- AMOUNT ----- BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION ---------- 02-27-07 04-06 --------------------------------- 170 PREDISTRIWJT8D PAYMENT ------------------------------- 59.68 0.00 0.00 0.00 59.68 02-27-07 00-00 745 CORP. ADVANCE ADJUSTMENT 59.68- 0.00 0.00 0.00 02-26-07 04-06 173 PAYMENT 628.45 0.00 0.00 0.00 628.45 SUSPENS$ 02-16-07 04-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 30.69-1 DATES CHARGE; 02-15-07 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 01-23-07 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 01-18-07 00-00 630 ATTORNEY ADVANCES 375.00 0100 0.00 0.00 01-16-07 04-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 30.69-1 LATE CHARGE 01-16-07 03-06 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 117.02- 117.02 ESCROW ADVANCE 01-16-07 03-06 173 PAYMENT 0.00 56.92 368.88 117.02 542.82- SUSPENSE 63,180.03 979.32- NEW PRINCIPAL/ESCROW BALANCES 01-12-07 03-06 173 PAYMENT 628.45 0.00 0.00 0.00 628.45 SUSPENSE 12-22-06 00-00 632 STATUTORY EXPENSES 175.00 0.00 0.00 0.00 12-22-06 00-00 632 STATUTORY EXPENSES 27.00 0.00 0.00 0.00 12-22-06 00-00 630 ATTORNEY ADVANCES 50.00 0.00 0.00 0.00 12-22-06 00-00 630 ATTORNEY ADVANCES 1,575.00 0.00 0.00 0.00 12-18-06 03-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 25.55-1 LATE CHARGE 12-14-06 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 11-16-06 03-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 25.55-1 LATE CHAR= Sep-23-08 08:16am From-Citi Residential Lending Inc +9084762148 CITI RESIDENTIAL LENDING P.O. SOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 RHO BY ML- CUSTOMER ACCOUNT ACTIVITY STATEMENT TERRI I, DOUTRICH LOAN NUMBER: 0065081796 T-861 P.011/014 F-445 DATE 09/23/08 PAGE 11 ACTIVITY FOR PERIOD 11/04/04 - 09/23/06 PROCESS DUFF TRANSACTION TRANSACTION EFFECTIVE; DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------------------------------------------------------------------------- TRANSACTION PRIN. PAID/. ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST ]aALANCE AMOUNT CODE/DESCRIPTION ------------------------------------------------------------------------------- 11-15-06 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 10-16-06 03-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 25.55-1 LATE CHARGE 10-13-06 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 09-19-06 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 09-18-06 03-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 25.55-1 LATE CHARGE 09-15-06 00-DD 632 STATUTORY EXPENSES 525.50 0.00 0.00 0.00 09-14-06 03-06 161 ESCROW ADVANCE 323.00 0.00 0.00 373.00 09-14-06 10-06 351 HAZARD INSURANCE DISEURSM43NT 323.00- 0.00 0.00 323.00- 1096.34- MW PRINCIPAL/ESCROW BALANCES 08-17-06 03-06 756.46 08-17-06 08-06 756.46- 08-17-06 00-00 15.00 08-16-06 03-06 0.00 07-19-06 03-06 0.00 161 ESCROW ADVANCE 0.00 0.00 756.46 316 SCHOOL TAX DISBURSEMENT 0.00 0.00 756.46- 773.34- 631 PROPERTY PRESERVATION 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 173 PAYMENT 0.00 0.00 0.00 07-19-06 00.00 745 CORP. ADVANCE ADJUSTMENT 15.00- 0.00 0.00 0.00 07-19-06 03•-06 173 PAYMENT 0.00 0.00 0.00 0.00 NEW PRINCIPAL/ESCROW DALANC2S 25.55-1 LATE CHARGE 15.00 r 15.00- SUSPENSE 105.00 * 105.00- SUSPENSE 07-19-06 00-00 745 CORP. ADVANCE ADJUSTMENT 105.00- 0.60 0.00 0.00 Sep-23-08 08:16an From-Citi Residential Lending Inc +9094782148 CITI RESIDENTIAL LENDING P.O. SOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REQ BY ML_ CUSTOMER ACCOUNT ACTIVITY STATEMENT TERRY L DOUTRICH LOAN NUMBSR: 0065081796 T-881 P-012/014 F-445 DATE 09/23/08 PAGE 12 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATA DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIM. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION ------------------------------------------------------------------------------- 07-19-06 03-06 173 PAYMENT 0.00 0.00 0.00 0.00 20.00 2 BAD CK/NSF FEE 20.00- SUSPENSE 07-19-06 00-00 631 PROPERTY F"SERVATION 15.00 0.00 0.00 0.00 07-17-06 03-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 07-17-06 00-00 633 MISC. F/C AND B/R EXPENSES 105.00 0.00 0.00 0.00 07-10-06 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 06-16-06 03-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 05-16-06 03-06 152 LATE CHARM ASSESSMENT 0.00 0.00 0.00 0.00 05-10-06 03-06 172 PAYMENT 525.66 0.00 0.00 0.00 05-04-06 03-06 161 ESCROW ADVANCE 16.88 0.00 0.00 16.88 05-04-06 03-06 148 NSF REVERSAL 0.00 56.92- 368.88- 99.86- 63,236.95 16.88- 05-03-06 04-06 148 NSF REVERSAL 0.00 57.25- 368.55- 99.86- 63,180.03 82.98 OS-01-06 05-06 173 PAYMENT 0.00 0.00 0.00 0.00 04-29-06 04-06 172 PAYMENT 808.41 57.25 368.55 99.86 63,122.78 182.84 04-28-06 03-06 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 16.88- 04-28-06 03-06 172 PAYMENT 525.66 56.92 368.88 99.86 63,180.03 82.98 25.55-1 LATE CHARGE 25.55-1 LATE Cf=QE 25.55-1 LATE CHARGE 525.66 SUSPENSE 05-08-06 Now PRINCIPAI,/ROCROW BALANCES 178.85-1 LATE CHARGE 103.90- SUSPENSE NEW PRINCIPAWESCROW BALANCES 178.85 1 LATE CHARGE 103.90 SUSPENSA NEW PRINCIPAL/ESCROW BALANCES 16.88 ESCROW ADVANCE NEW PRINCIPAL/ESCROW BALANCES Sep-23-08 08:16am From-Citi Residential Lending Inc +9094t62148 T-881 P.013/014 F-445 CITI RRSTDENTIAL. L.BNOING P.O. BOX 11000 SANTA ANA CA 92711-1000 (900) 430-5262 REQ BY ML_, CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 09/23/08 PAGE 13 TER,RI L DOUTRICH LOAN NUMBER: 0065081795 ACTIVITY FOR PERIOD 11/04/04 - 09/23/08 PROC13SS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------------------------------------------------------------------------ TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER ------------ AMOUNT BALANCE INTEREST BALANCE AMOUNT CODA/DESCRIPTION ------------------------------------------------------------------------------- 04-17-06 03-06 152' LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 25.55-1 LATE CHARGE 04-D6-06 03-06 161 ESCROW ADVANCE '16.86 0.00 0.00 16.88 04-06-06 04-06 319 TOWNSHIP TAX DISBURSEMENT 364.32- 0.00 0.00 364.32- 16.88- NEW PRINCIPAL/ESCROW BALANCES 03-16-06 03-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 25.55-1 DATE CHARGE 03-07-06 02-06 172 PAYMENT 529.34 56.59 369.21 103.54 63,236.95 347.44 NEW PRINCIPAL/ESCROW BALANCES 02-16-06 02-06 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 25.55-1 LA'TR CHARGE 01-17-06 OL-06 172 PAYMENT 01-14-06 529.34 56.26 369.54 103.54 63,293.54 243.90 NEW PRINCIPAL,/ESCROW BALANCES 12-30-OS 12-05 172 PAYMENT 529.34 55.93 369.07 103.54 63,349.80 140.36 NEW PRINCIPAL/ESCROW BALANCES 12-16-05 12-05 152 DATE CHARON ASSESSMENT 0.00 0.00 0.00 0.00 25.55-1 LATE CHARGE 12-13-05 12-05 163 HAZARD PREMIUM REFUND 10.00 0.00 0.00 10.00 36.82 MW PRINCIPAL/ESCROW BALANCES 11-30-05 11-05 160 REPAY OP RSCROW ADVANCE 0.00 0.00 0.00 76.72- 76.72 ESCROW ADVANCE 11-30-05 11-05 172 PAYMENT 529.34 $5.61 370.19 103.54 63,405.73 26.B2 NEW PRINCIPAL/ESCROW BALANCES 11-17-05 11-05 161 ESCROW ADVANCE 10.00 0.00 0.00 10.00 11-17-05 10-06 351 HAZARD INSURANCE DIS13URSWOW 10.00- 0.00 0.00 10.00- 76-72- NEW PRINCIPAL/ESCROW BALANCES 11-10-05 3.1-05 152 LATE CHARGE ASSR09MENT 0.00 0.00 0.00 0.00 25.55-1 LATE CHARGE SOP-23-08 08:1 Tam From-Citi Residential Lending Inc +8094182148 T-881 P-014/014 F-445 CITI RESIDENTIAL FENDING P.O. BOX 11000 SANTA ANA CA 92711-1000 (800) 430-5262 REQ BY ML_ CUSTOMER ACCOUNT ACTIVITY STATEMPNT TSRRI L DOUTRICH LOAN NUMBER: 0065081796 DATE 09/23/08 PAGE 14 ACTIVITY FOR PERIOD 11/04/04'- 09/23/08 PROCESS DUE TRANSACTION TRANSACTION EPPECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------------------------------------------------ ------------------------ TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTERLST BALANCE AMOUNT CODS/DESCRIPTION ----------------------------------------------------------------------- 11-07-05 11-05 161 ESCROW ADVANCE 66.72 0.00 0.00 66.72 11-07-05 10-05 351 HAZARD INSURANCE DISBURSM49W 311.00- 0.00 0.00 311.00- 66.72- NEW PRINCIPAL/ESCROW BALANCES 10-31-05 10-05 172 PAYMENT 554.89 55.29 370.61 103.54 63,461.34 244.28 10-31-OS 10-OS 172 PAYMESIT 554.89- 0.00 0.00 0.00 10-31-05 10-05 172 PAYMENT 529.34 0.00 0.00 0.00 10-17-05 10-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 10-05-05 09-05 172 PAYMENT 554.09 54.97 370.83 103.54 63,516.63 140.74 09-16-05 09-OS 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 25.55 1 LATE C1=GE NEW PRINCIPAL/ESCROW BALANCES 554.89- SUSPENSR 529.34 SUSPENSE 25.55-1 LATH CHARGE 10-04-05 25.55 SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 25.55-1 LATE CHARGE VERIFICATION LISA A. LEE, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiffs Second Motion for Summary Judgment are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. GOLDBECK McCAFFERTY & MCKEEVER BY: LISA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 Market Street ATTORNEY FOR PLAINTIFF Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-5273 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE OF PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT Tabitha J. Wilson, hereby certifies that she did serve true and correct copies of Plaintiffs Second Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: Geoffrey M. Biringer, Esquire 401 E. Louther Street Suite 103 Carlisle, PA 17013 Tabitha J. Litigation Date: q I J V cr O Lu - j ZE _ U ?? L L 4 O L C7 Cad IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITIHOUT RECOURSE 505 City Parkway West suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 ORDER Term No. 06-5273 AND NOW, this Zl -14ay of O 4-1 . 2008, upon consideration of Plaintiffs Second Motion for Summary Judgment and Defendant's Response, if any, it is ORDERED and DECREED that Plaintiffs Motion is GRANTED; and that Summary Judgment in mortgage foreclosure is hereby granted in favor of Plaintiff and against Defendants, with damages assessed in the amount of $73,299.95, together with interest from July 29, 2008 to the date of Sheriff's Sale at the rate of $16.97 per day, and for foreclosure and sale of the mortgaged premises. BY THE COURT. P'stribution list: I G ?Lisa A. Lee, Esquire, Suite 5000 - Mellon Independence r, 701 Market Street, Philadelphia, PA 19106-1532 ,-,rje ffrey M. Biringer, Esquire, 401 E. Louther Sheet Suite 103 Carlisle, PA 17013 QC?CES rn:3 %L(-., /Otxa Jos VIN'VAIASNN:3,d mmc ? wn 1 ? ;6 WV £Z 130 8002 kibIQ ti{JHIWd Hl JO In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. TERRI L. DOUTRICH (Mortgagor(s) and Record Owner(s)) 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT No. 06-5273 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against TERRI L. DOUTRICH in accordance with summary judgment order dated 10/22/2008 Assess damages as follows: Debt $71,080.13 Debt with interest from 09/30/2006 to 11/21/2008 $13,500.00 Total (Assessment of Damages attached) $84,580.87 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW NOt/ . c25 o?008 , Judgment is entered in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-WI 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE and against TERRI L. DOUTRICH DOUTRICH in accordance with summaryjudgment order dated 10/22/2008 and damages assessed in the sum of $84,580.87 as per the above certification. _ Prothonotary / IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-WI 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. TERRI L. DOUTRICH Mortgagor and Record Owner 701 Belmont Avenue Mechanicsburg, PA 17055 ORDER Term No. 06-5273 AND NOW, this Z24ay of O e-i . 2008, upon consideration of Plaintiffs Second Motion for Summary Judgment and Defendant's Response, if any, it is ORDERED and DECREED that Plaintiff s Motion is GRANTED; and that Summary Judgment in mortgage foreclosure is hereby granted in favor of Plaintiff and against Defendants, with damages assessed in the amount of $73,299.95, together with interest from July 29, 2008 to the date of Sheriffs Sale at the rate of $16.97 per day, and for foreclosure and sale of the mortgaged premises. BY THE COURT: J. Di tribution list: isa A. Lee, Esquire, Suite 5000 - Mellon Independence C ter, 701 Market Street, Philadelphia, PA 19106-1532 Geoffrey M. Biringer, Esquire, 401 E. Louther Street Suite 103 Carlisle, PA 17013 . ? ? vii! , 1 .,?,y, .u •:. , . ? VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, TERRI L. DOUTRICH, is about unknown years of age, that Defendant's last known residence is CIO GEOFFREY M. WRINGER, ESQ 401 E. Louther Street, Suite 103, Carlisle, PA 17103, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 114 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. TERRI L. DOUTRICH IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5273 (Mortgagor(s) and Record owner(s)) 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE, and against TERRI L. DOUTRICH in accordance with Summary Judgment order dated 10/22/2008, in the sum of $84,580.87. Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 and that the name(s) and last known address(es) of the Defendant(s) is/are TERRI L. DOUTRICH, C/O GEOFFREY M. WRINGER, ESQ 401 E. Louther Street, Suite 103 Carlisle, PA 17103; GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $63,236.95 Interest from 02/01/2006 through $12,422.99 11/21/2008 Reasonable Attorney's Fee $3,161.85 Late Charges $843.15 Costs of Suit and Title Search $900.00 Escrow Payments Due 25 X $139.69 $3,492.25 $84,580.87 G EC McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this o6 +I- day of OOV , 2008 damages are assessed as above. Pro P thy ? Q C L ? R> ? OD 00t Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff No. 06-5273 vs. TERRI L. DOUTRICH (Mortgagors and Record Owner(s)) 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: genie_-_- I If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. TERRI L. DOUTRICH Mortgagor(s) and Record Owner(s) 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5273 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 11/22/2008 to Date of Sale per diem at $12.12 $84,580.87 (Costs to be added) GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff per. uuWLl ? x Q O a H w NO QY?WC? > R v o nyt o o W U Q?vgo?c? F-l H ? odw, ?? a ? W ? t ?` Su p? T ch 0 v ?a s E-' N 0 Qoo?' , v d ? wy r- R 1 r o ? n ?. e` c::j o CD Fri m ` ? _ c All that certain tract or parcel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with survey and plan thereof made by Gerrit J. Belz, Registered Surveyor, dated January 2, 1970, as follows: BEGINNING at the Intersection of the Eastern line of Belmont Avenue and the Southern line of Maple Avenue; thence along the Southern line of Maple Avenue North 52 degrees 10 minutes East, One hundred Sixty-three and Twenty-seven hundredths (163.27) feet to a fence post, a corner, thence along the Western line of Windsor Place South 26 degrees 45 minutes East, One hundred Twenty-two and Twenty-eight hundredths (122.28) feet to a fence post; thence along Lots Nos. 14, 13, 12, 11, 10, 9 and 8 on the hereinafter mentioned plan of lots, South 52 degrees 10 minutes West One hundred Seventy-four and Ninety-three hundredths (174.93) feet to an iron pin on the Eastern line of Belmont Avenue; thence along the same North 21 degrees 39 minutes West One hundred Twenty- five and Five hundredths (125.05) feet to the point and place of Beginning. Property Parcel Number 13-24-0795-088 BEING KNOWN AS: 701 Belmont Avenue, Mchanicsburg, PA 17055 f . Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004- Wl 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. TERRI L. DOUTRICH (Mortgagor(s) and Record Owner(s)) 701 Belmont Avenue Mechanicsburg, PA 17055 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-5273 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 701 Belmont Avenue Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): TERRI L. DOUTRICH C/O GEOFFREY M. WRINGER, ESQ 401 E. Louther Street, Suite 103 Carlisle, PA 17103 2. Name and address of Defendant(s) in the judgment: TERRI L. DOUTRICH C/O GEOFFREY M. BIRINGER, ESQ 401 E. Louther Street, Suite 103 Carlisle, PA 17103 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 LOWER ALLEN TOWNSHIP AUTHORITY 120 Umekiln Road New Cumberland, PA 17070 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 701 Belmont Avenue Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 21. 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff C ? -rt i'I FT tV „ti c-n CO Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-WI 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. TERRI L. DOUTRICH Mortgagor(s) and Record Owner(s) 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 06-5273 I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Michael . McKeever IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Attorney for plaintiff r--' -Ti u? 06-5273 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. TERRI L. DOUTRICH Mortgagor(s) and Record Owner(s) 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s; Term No. 06-5273 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DOUTRICH, TERRI L. TERRI L. DOUTRICH C/O GEOFFREY M. BIRINGER, ESQ 401 E. Louther Street, Suite 103 Carlisle, PA 17103 Your house at 701 Belmont Avenue, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 04, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $84,580.87 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE against you. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NOTICE OF OWNER'S RIGHTS 06-5273 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I . The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5273 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 06-5273 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.asl2x. 5). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1245. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5273 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-WI1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 10/01/04, WITHOUT RECOURSE, Plaintiff (s) From TERRI L. DOUTRICH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $84,580.87 L.L. $.50 Interest from 11/22/08 to Date of Sale per diem at $12.12 Atty's Comm % Due Prothy $2.00 Atty Paid $136.32 Other Costs to be added Plaintiff Paid Date: 11/25/08 24 Curtis R. Long, 4rothonotar (Seal) By: REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone : 215-627-1322 Deputy Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 AMQ-1245 CF: 09/08/2006 SD: 03/04/2009 $84,580.87 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. TERRI L. DOUTRICH Mortgagor(s) and Record Owner(s) 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5273 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (e) (2) Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. X) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY: Michael T. McKeever, Esquire Attorney for Plaintiff r ?u o" CC i to as c 7 p m a O o •- cl) W o N yam} T 6?031MK? o o V $ V so ul 5 3 a ac oC 1 a C313 0 my ? , o per 0 3 a U. s a(Du 000 IQS 5 Z r) t N ? d a N4 ? ?Uo?a nI m C', e ZONO?,r.. ?I { 1 Z 0 wd g v a U o . o- r m c ?. " N a a 0 ° P 2? r W J ?y r-p- U c$ 4 a Q m FE N ?o'C U Q o N o?, x N C,) . x? WF- V o w 0 , m s ?= 0 O m d $ U - Z LA a m 0- C-i M i lr 40 R a m ao m d a O L p O N ' 6 m i ° a m Q N a ^ _T a T 0 U a ? 3 s a c r LL p Q In W y $ N 4 N , a 03 • 130OLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Melton Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W1 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. TERRI L. DOUTRICH Mortgagor(s) and Record Owner(s) 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5273 AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 701 Belmont Avenue Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): TERRI L. DOUTRICH C/O GEOFFREY M. BIRINGER, ESQ 401 E. Louther Street, Suite 103 Carlisle, PA 17103 2. Name and address of Defendant(s) in the judgment: ' TERRI L. DOUTRICH . C/O GEOFFREY M. BIRINGER, ESQ 401 E. Louther Street, Suite 103 Carlisle, PA 17103 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 LOWER ALLEN TOWNSHIP AUTHORITY 120 Umekiln Road New Cumberland, PA 17070 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 701 Belmont Avenue Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: February 2, 2009/? GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Cam? r " ? n? ?? ? ?s =?l RT ?. as ? =; r? m ? c J :j Deutsche Bank National Trust Company, In The Court of Common Pleas of As Trustee of Argent Mortgage Securities, Cumberland County, Pennsylvania Inc., Asset-Backed Pass Through Certificates Writ No. 2006-5273 Civil Term Series 2004-W11, Under the Pooling and Servicing Agreement Dated as of October 1, 2004, without recourse VS Terri L. Doutrich Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2008 at 1435 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Terri L. Doutrich, by making known unto Geoffrey Biringer, attorney for defendant, at 401 East Louther Street, Ste 103, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1550 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Terri L. Doutrich located at 701 Belmont Ave., Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Terri L. Doutrich c/o Attorney Geoffrey Biringer, by regular mail to his last known address of 401 East Louther Street, Ste 103, Carlisle, PA 17013. This letter was mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 17.16 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 13.50 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Law Journal 355.00 r t Patriot News Share of Bills So Answers, R. Thomas Kline, Sheriff By - dab-? ? ?-? Real Estate Coordinator 356.42 15.52 875.10 ? 4, 10'10 9 C-j `--' C x Ei i -; (. `f ,t a s9 `i.L a Goldbeck-McCafferty & McKeever BY: Michael T. McKeever Attorney I.P. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004- W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. TERRI L. DOUTRICH (Mortgagor(s) and Record Owner(s)) 701 Belmont Avenue Mechanicsburg, PA 17055 No. 06-5273 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-WI 1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney. Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 701 Belmont Avenue Mechanicsburg, PA 17055 LName and address of Owner(s) or Reputed Owner(s): TERRI L. DOUTRICH CIO GEOFFREY M. BIRINGER, ESQ 401 E. Louther Street, Suite 103 Carlisle, PA 17103 2. Name and address of Defendant(s) in the judgment: TERRI L. DOUTRICH CIO GEOFFREY M. BIRINGER, ESQ 401 E. Louther Street, Suite 103 Carlisle, PA 17103 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 LOWER ALLEN TOWNSHIP AUTHORITY 120 Umekiln Road New Cumberland, PA 17070 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which mar be affected bv the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 701 Belmont Avenue Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 21, 2008 GOLDBECK McCAFFERTY & McKEEVER BY. Michael T. McKeever, Esq. Attorney for Plaintiff 06-5273 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004-W] 1, UNDER THE POOLING AND SERVICING AGRFFMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TERRI L. DOUTRICH Mortgagor(s) and Record Owner(s) 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s Term No. 06-5273 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DOUTRICH. TERRI L. TERRI L. DOUTRICH C/O GEOFFREY M. WRINGER, ESQ 401 E. Louther Street, Suite 103 Carlisle, PA 17103 Your house at 701 Belmont Avenue, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 04, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $84,580.87 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W 11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS 06-5273 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through Other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will ha%e of stopping the ,;ale. (See notice below on ho?? to obtain an at(orney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5273 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 06-5273 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website tw?vw.hud.gov for Help I'm- Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll fi-CC number at 1-866413-23 11 or via email at lhorneretention(%oldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1245. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All that certain tract or parcel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with survey and plan thereof made by Gerrit J. Belz, Registered Surveyor, dated January 2, 1970, as follows: BEGINNING at the Intersection of the Eastern line of Belmont Avenue and the Southern line of Maple Avenue; thence along the Southern line of Maple Avenue North 52 degrees 10 minutes East, One hundred Sixty-three and Twenty-seven hundredths (163.27) feet to a fence post, a corner, thence along the Western line of Windsor Place South 26 degrees 45 minutes East, One hundred Twenty-two and Twenty-eight hundredths (122.28) feet to a fence post; thence along Lots Nos. 14, 13, 12, 11, 10, 9 and 8 on the hereinafter mentioned plan of lots, South 52 degrees 10 minutes West One hundred Seventy-four and Ninety-three hundredths (174.93) feet to an iron pin on the Easteill line of Belmont Avenue; thence along the same North 21 degrees 39 minutes West One hundred Twenty- five and Five hundredths (125.05) feet to the point and place of Beginning. Property Parcel Number 13-24-0795-088 BEING KNOWN AS: 701 Belmont Avenue, Mchaniesburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF-CUMBERLAND) NO 06-5273 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of ARGENT MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-W11, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 10/01/04, WITHOUT RECOURSE, Plaintiff (s) From TERRI L. DOUTRICH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $84,580.87 L.L. $.50 Interest from 11/22/08 to Date of Sale per diem at $12.12 Atty's Comm % Due Prothy $2.00 Atty Paid $136.32 Plaintiff Paid Other Costs to be added Date: 11/25/08 (Seal) REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Curtis R. Long, rothonotary By: Deputy Attorney for: PLAINTIFF Telephone : 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale #68 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 701 Belmont Ave., Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 15, 2008 ByU ?7/vU Real Est to Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li a Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 13 day of Febru % 13 2 09 Gt Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 so" 11101101011" am " Writ No. 2006-5273 Civil Deutsche Bank National Trust Company, as Trustee of Argent Mortgage Securities, Inc., Asset- Backed Pass Through Certificates Series 2004-W 11, Under the Pooling and Servicing Agreement Dated as of October 1, 2004, without recourse vs. Terri L. Doutrich Atty.: Michael McKeever All that certain tract or parcel of land situate in Lower Allen Township, County of Cumberland, Common- wealth of Pennsylvania, bounded and described in accordance with survey and plan thereof made by Gerrit J. Belz, Registered Surveyor, dated January 2, 1970, as follows: BEGINNING at the Intersection of the Eastern line of Belmont Avenue and the Southern line of Maple Av- enue; thence along the Southern line of Maple Avenue North 52 degrees 10 minutes East, One hundred Sixty- three and Twenty-seven hundredths (163.27) feet to a fence Poet, a ow- ner, twepoe riong the Western 1ne of Windsor Place South 26 45 minutes lit, One hunk two sal Twenty-sWit h (122.28) feet to a fence Post; 111000e along Lots Nos. 14, 13, 12, 11, 10, 9 and 8 on the hereinafter mentioned plan of lots, South 52 degrees 10 minutes West one hundred Seventy- four and Ninety-three hundredths (174.93) feet to an iron pin on the Eastern line of Belmont Avenue; thence along the some North 21 de- grees 39 minutes West One hundred Twenty-five and Five hundredths (125.05) feet to the point and place of Beginning. Property Parcel Number 13-24- 0795-088. BEING KNOWN AS: 701 Belmont Avenue, Mechanicsburg, PA 17055. Th? Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE Z4ePahiot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 68 Writ No. 2006-5273 Civil Term Deutsche Bank National Trust Company, as Trustee of Argent Mortgage Securities, Inc., Asset- Backed Pass Through Certificates Series 2004-W11, Under the Pooling and Servicing Agreement Dated as of October 1, 2004, without recourse VS Terri I- Doutrich Attorney- Michael McKeever LEGAL DESCRIPTION All that certain tract or parcel of land situate in lower Allen Township, County of Cumberland Commonwealth of Pennsylvania, bounded and described in accordance with survey and plan thereof made by Gerrit J. Belz, Registered Surveyor, dated January 2, 1970, as follows: BEGINNING at the Intersection of the Eastern line of Belmont Avenue and the Southern line of Maple Avenue; thence along the Southern line of Maple Avenue North 52 degrees 10 minutes East, One hundred Sixty-three and Twenty-seven hundredths (163.27) feet to a fence post, a comer, thence along the Western line of Windsor Place South 26 degrees 45 minutes East, One hundred Twenty-two and Twenty-eight hundredths (122.28) feet to a fence post; thence along Lots Nos. 14, 13, 12, 11, 10, 9 and 8 on the hereinafter mentioned plan of lots, South 52 degrees 10 minutes West One hundred Seventy- four and Ninety-three hundredths (174.93) feet to an iron pin on the Eastern line of Belmont Avenue; thence along the same North 21 degrees 39 minutes West One hundred Twenty-five and Five hundredths ieet to the point and place of Beginning. Property Parcel Number 13-24-0795-088 BEING KNOWN AS: 701 Belmont Avenue, Mechanicsburg, PA 17055 This ad ran on the date(s) shown below: 01/21/09 01/28/09 02/04/09 Sworn to and, ubsc ' ed before me this 25 of ebruary, 2009 A.D. d y Notary Public Sheme L K r ?ctary Public CRY Of Harrisy.,rr), l'auphln County My Com rtftsi<rrt Er.'V IS Nov. 26, 2011 Member, Pennsy'i,.;z _ 'ciatlon of Notar(es ^