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Home My WebLink About02-2439LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE, SUITE 100 SAN DIEGO, CA 92128 PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 0.2 -vN39 CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1STFLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE, SUITE 100 SAN DIEGO, CA 92128 PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. Oa,- day aq e"A /selL?q CLARENCE H. HEINLY,1 I COMPLAINT IN 11 THOMAS DRIVE MORTGAGE FORECLOSURE MECHANICSBURG, PA 17055 DEFENDANT(S) CIVIL ACTION MORTGAGE FORECLOSURE 1. Accredited Home Lenders, Inc., (hereinafter referred to as "Plaintiff") is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Clarence H. Heinly, III, Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee. Said Mortgage was dated September 28, 2001 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1737, page 4687. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 2. The Mortgage is secured by Defendant(s) Note dated September 28, 2001 in the amount of $96,000.00 payable to Plaintiff in monthly installments with an interest rate of 10.625% (Variable Rate). 3. The land subject to the mortgage is: 11 Thomas Drive, Mechanicsburg, PA 17055. 4. The Defendant, Clarence H. Heinly, III is the real owner of the land subject to the mortgage and the Defendants' address is: 11 Thomas Drive, Mechanicsburg, PA 17055. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance $95,925.41 Interest to 4/30/2002 4,203 86 Accumulated Late Charges 266.15 NSF Charges 20.00 BPO Costs 200.00 Attorney Fees/Costs 3,700.00 TOTAL $104,315.42 plus interest from 5/1/2002 at $27.88 per day, costs of suit and attorney fees. 6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and the Notice of Homeowners' Emergency Mortgage Assistance was sent to defendants March 1, 2002. The Defendant(s) have not cured the default. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant(s), in the sum of $104,315.42 together with the interest from 5/1/2002 at $27.88 per day, costs of suit and attorney fees. Law Offices of Gregory Javardian ZiC BY: R JAVARDIAN Attorney No.55669 MAY-15-02 10:37AM FROM-6565241568 6565241566 T-670 P.002 F-060 • Prepared by. Ream To.. z '- Accredited Boma Landers, Inc_. Accredited 8oma'LendeL-a; Xmi:., - - - A California Corporation A Califernii'Co0cration - ^ 15030 Avenue of-9aiew:e, Sxhte 100 - $an Diego, CA 94178 . Ford Number 35K 1038- [Space Above This Lino Bar Aeaardtn2 Data] MORTGAGE DBFnl4rn0NS Words used in multiple sacdons of this document we de6aed below and orbw_Wds ma dei2ned-5n sections - 3, 11, 13, 18.20 and 21. Certain roles re prdmg the usage, of words used hi tbit doetmeut are alm provided In Serdou 16. (A) "Sw=ityhWftnment" mt= thla dO=Men% WhiCh is daMd . September 78, 7001-- wgalher with all Riders to WE doeuraent _ (13) "Bonower" is CL.At BN= B. HEXH ,Y, ISI Bonvww iv the nwrrgngor ender rids Security bwmmmt - - (C) "Lender" is - Accredited Some Landers, Ise. _ - - -' Lender Is a Corporation t PENNSYLVANIA-GIVE Family -Fannie Mnn/Praddlo Mae UNIFORM INSTRUMENT Form3038 tfot -e(PA)wroq ?. I, ? ??w?66S?I a,R?RI1p??0g66????6plM??rypp IyM¦6I?? P444t d to (aqudr:r_Ll. l7 I?Y®a0tl 11a1WIf181 ?10a1 11tt? tI0RTe11aa Blau. ryepleat•7fot AM 394701 (11/00) mmmv. 0109191722 - ? -?' t`ORRftrcapY NAY-16-02 10:37AM FROM-8665241568 8606241668 T-878 P.003 F-080 B3C Mrr A Commitment No. IN7.221 - ALL THAT CERTAIN tract of land situate in the Town/hjj;T- Silver ` Spring. County or Cumberland and State of Pennaylxn&La, bounded asid described as follows, to wit, BEGINNING at a poet at corner of land now or'formar'ly of the errosaw Estate, which Poet is three hundred twenty-tour (324) not southwe;dly - from the right-of-way line of the Pennsylvania Railroad OmMany; tTzence _• along the line of said land of the Grose Estate, South 23 degrees -Vast, two hundred three (203) feet to a posts thence along two line of skma, South 53 degrees, 45 minutes west, one hundred thirFy-five and eight tenths (135.6) feet to as Iran, pin; then*&. along the line of land EOw '- or formerly of jean 1. Enck and Barbara J. Enck, hie was, formerly or Warren T. Clouse and Grace T. Gousa, his wife, North 52_degrees 10 W _ minutes went, one hundred eighty-two (182) feat to -4n iron piny thence along land of same, and also along land ndw or fox krly o£ Clyde e- - "' Clouse and Ethel I. Clouse, his wife, North 38 degred$ SC'minutes Sa t, - three hundred eighteen (318) feet to an iron pinj fbenp; along ].inZ of land now or formerly of John 1. Rack and Barbara J. En2k, his wife; south 51 degrees 10 minutes East, one hundred sixty-one.(161) fear--to a post, the place of beginning, CONTAINING 1.4 acres, neat measured, and improved by A. two-story nami- bungalow dwelling house and other ourbulldings, known as 11 Tbd(-0aw= -?- - Drive, Mechanicsburg,-Panneylvania, 17055. PORTMM granting and conveying unto the Grantee, his heirs and anal gas, the right of ingress and egress and regress over azW upon the land or road which extends along the northern line of the above-described - property, as reserved-in the Deed of warren T. Clousd and Grace Y. 13buie to John 1. Enck and Barbara J. Enck, his wife. _ BEING THE SAME lot of ground which by Deed dated Dacember 4, 1591 and recorded among the Land Records of Cumberland County, b&mtonwealth b£ Pennsylvania in Record Book 1035, Page 1038 was gtagtsd_and eonveyeT by Martin T. Shealy and Tarawa A. Shealy unto the Borrower herein, said property being in roe simple. L MAY-16-02 10:37AM FROM-6666241668 6666241666 T-970 P.004 F-060 Landeea sand w under Om laws of the state or CaLiforn . _ - • -' 15030 Avenue or SOienee, quite 100, 9en Diego, cx92X28 - '?' - -' Leader Is the noottgagae tinder dtis Sesadty htahmnant (D) "Noee° mean dm pranissery note craned by Borrower and dated s The Nom states that Borrower owes Leader eptettiber 26, 2001 - NinatY Six 2hounand and No/100 - Dollars (U S. S 96'000-00 ) plus Iasuv3L Borrower has prc-bod to pay this debt in regular Periodic PAYnmu and to pay die debt in no not later than October 1, 2031 (9) "Propertr means die property that is described below under the beadins 'Rlassfer of It IM in die (P) "Loan" nmans the debt evidenced by the Noae, plus Intsngt, soy prepaynt6In charges and lam charges due under the Nom, and all soma dun under this Security IostrumeM plus Idicror- - - (Q) "Ridwr these r all Alders to this Seemity Iusmr used that am esetvmd by BcAVwrr. The following - Aidera am to be excused by Borrower Iehecir box sag appacab(ej.. RM, Condominhaa Rider p}•.-?? Second Home Rider Balloon Rider 1 PIVARlder BAUCOM PRivreeWPAyntantRider Planned Unit 1-4 Pmrixly Rider L7CJ Odthr(s) -- (M "Applicable Law" mans all eonaollln8 appliabla federal, slue' and local statutes, reguladona, onlisanees and administrative ruler cad orders Obat have me eftact of hV ae wall as all applicable fugal, non'appahble jedichl oDlnlOns• ? _- - ' - OD "Commtudly Association Dag, Bees, and Assessments" -as all door, fees, assesanats and other charges that an Imposed on Borrower or the Property by a condomlaima asociadon, ltomeownera association or similar organtimilon. (J) "Eleetrank Funds Ttamafer" -cane any trunfer of fanda, other than a ba Vecdmt odSbhahi'by check, draft. or ai-nar paper losernmet , which is hshisted mrongh an eleenook terminal, tolephonic-himmlmant. _ composer, or magnetic tape so as to order instruct or amborim a floandal htstipapun to debit or craft an aoeoonL Such term fachdea, but 32 not dmitad to. point ofrsab transfers. Rummaged teller machine aunseedam. aaasfm fuldued by tdsphmc, wire tranaten. Rid atttoraamd cleahtscun tra0sftr a. 00 "Escrow R ems' a m0s them hues that we demsibed In Section 3. .- -- (W "b9scellansong; Proms" moans any campansadoo, seulmmut, award of damage, or procQds paldby eny tided part. (Omar then inamoa proceeds paid ender the coverages dottdbed in SetslOa? for, Q _ - datoage to. or destruction of, the Proputy. Cep condemnation or, I er taking of an or soy put of the PmpuW; pip conveyance In Year of cundaOOtdon; or OW) udgerepmemiations of, or'aah35cua as to. the Quo and/or Condition of the l3uperty. t M "blartgaile BtaUrantt° menus ioamance protecting Lender agabtat the nanpaymeut of. orefsnlt on, lAm pup "Periodic PayratmP macs the regularly schmdoled amoturt dub for (1) principal and Interest under the Now plus pp Rt.amounts under Section 3 of this Security Iosuroment. ft-S(PA) (cam r.a. s at is taee;f-,6 2v Aar 3.94702 (31/er0) aataat, osmst.st7zs Form acorn trot -' ' MAY-16-02 10:88AM FROM-8686241668 • 8686241666 T-676 P.006/Uri r-u6e (O) "RB.SPA" means the Rea! E.stomo Sattlematt Procedures Agt (12 U.&C, S-tedon 2601 as? ) and hs imPlemendU ro;ubdon. Regulation R (24 C.F1L Part 3500). as they mutt b0 ammded.4ort1 t?w to time, or any additional at mcco mr Iggblation or neguhawn that gova= dw same oubJeet matter. As Wed is this Secmft Lmtrumad, "REBPA" refers to all requirmeota and raanictious that am Imposed In regard w a ' - -- L lydmed motWge ban" evm it the Linn dos not gnallly as a stedetally related mortgage loam .. Qh "Sneemor in Latagt of Borrowar" means any party that has raters tide to the Property, whether or not _ that party has assumed Baoroweea obligations udder the Note and/or Wier SoTu ty rwrtuneut 1RANSF"BR OFRIGEM IN THE PROPERTY - - - ' This Security Instrument seoores to Lander. (i) the mprymem of die Loan, and all ra owaia, wumsioos and _ modiflodoas or the NOW and Qp We pafonnuum of Bonvwa'a covaomts_arrd agteammu: u? this _ Security Lw4ummt and the Note. Fos this purpose. Bmiower does hereby =nvq e, grant aaJ, emnvey to a Lender We following described ytqpwW ?hleawd in the County Cr7'Pe er abeordloa rudrdtadad pdm" or PG .Uvg YmudkdmlI 8813 LEGAL DESCRIPTION ATTAQl 'MIRNM AAD M= A IPART'? which cocreatly has the adtiresa of 11 THDICAS DRx m - lypa,y - ?UM lCuyl,Pamrylvenir 17065=rmpCodal - (?p?Y Addraas"): TOGETHER. W=7I all do Improvements now or harnfra aeeted an We property, and all nserneum, - appaeameeees, and tbmnra now or hereafter a part of the property. All replooements and addhiaos shall alm be covered by this Security 7nanttment All of the fussolus is re&ned to in Wri.SeOartty Inatrrapent as the .pWpaa, . 4%-6(PA)teeo3n a.e•aa+a Form 3039 1101 a 394703 rtr/sot sextmv, eie9lYtts'3 - MAY-16-02 10:30AM FROM-6686241668 8686241668 0 0 T-878 P.006/021 F-080 8OB17OW32R COVMgANfS am Borrower le hwA)t(y sdvhd of die asum hereby cCWvWcd and has the right to rmrigage, grant and convey the Property and diet the PropeetY Is umnmmbered, except for encerabranas of record. Borrower warrants and will defend generally the two to the property against all chums and demands, auWcat to any encumbrances of rewrd, TM SECUArry 124WI tUMEW combines unitaoh covanmu for Difoad use and non-uniform -- - rave cants with limited vi datfoas by Jmisdnaion m constitute a tmitbrtn iteenr instnuaem twitting teal Property. UNWORM COVENANCS. Burrower and YAnder covenantand agree is E9kn= - - I. Payment of Ptlndpat, Ine"esq Itaaew Items, Prepayment Charges, and Late Charges, BarAvarcr shall ? when the principal of, and interest on, die debt evidenced by die Afow and any 1 Yet dab - charges doe under die Note. Borrower shall also pay funds for Escrow Items ptnsranc to Section 3. Payments due under the Nom and this Security Inetnifie t shall be vide in U.S. - currency. However. N any cbeeit or other instrument received by Irnder m payment under theldob or this SeCmiY Inshrment is returned to Lander unpaid, Lander may require thu any or alt subsequent payments due under the Hate and this Security Inanmmewt be merle In one or mere of die following forma, as selected by Lander (a) Cash; (b) money order; (r) Cestifiied cheek, bank chock, h imumes Check or eadiier's check, provided any such chub is drawn epos an fostimtion whose.depotits am fasured by a federal agency. -i h adrumeuGlley. cr evhy; or(d) Hlera eniC Ponds laaister. Payments are clamed received by Leader when teedved at d is location designated in tie Note or at I such other Snootiest as may be designawd by Lender In aeeordance with die notice pmvbidi& id'Sectien 15. Leader uW'retarnanypayment orpartiilpsytnmtifthepaymemorpartlalpaYam=amisu[GeTeoembring . the Loan current Leader may accept any payment or partial paymaar huuffcieht to - widmu waiver of beddig the Lam euaem, my rights hereunder or peeJndice to be rights m refuse such payment orpatllet payments in the future, but Lends is notobligaled to apply such payments at the than such parnems sae accepted. If each Perlodie Payment le applied as of its srbedWAd due data, rhea Leader need not pay hilw st an ouapplied Rinds. Lander may hold Such aeoppiied funds unlH Burrower makes payment m being On Loan CmrenL If Borrows does not do no within a reasonable period of time, ]:order shag ahher' apply Such tunas or return them to Borrrwan If not applied earlier, such Acids will be applied to the otrtsla * d priaefpd b-Maoce wider - the Note Immediately prior to Z eciesme• No ot8et or Wlm which Ba-rfowc mig,6L have mw or in the -- fugue against Lends dull relieve Borrower farm making payments dui undez the Nob and this Security lnauuiveut or performing die covenews and agreements secured by this Sa4w1 yYnsrum®L 2 Application of Payments or Proceeds. Except at otherwise described m this Sacdon 2, hit payments '- accepted and applied by Leader shell be applied in the following under of pdm*: W imgeat dim miler die - MW (b) praielpal due under 1110 NOW (r) amounts due wider Section 3.Suei payments shall tie applied to - each Periodic Pa roc= in die order in which It became doe, Any terndrdng smoamts shalt be applied fien to less Charges. second to say other mats due under this 3eeuhy Insnumun% and than m reduce die principal balsam of the Notes If Lander receives a payment farm Harrower for a delinquent Paoait Paymem which 1nHOdes a . mn%c me amount m pay avy left charge due. the payment wary be applied to the delhaingar socat and ire lam charge, If more than am Panodte Payment is outstanding, Lends may apply any pmmemt meetvad arm Burrower to the repayment of the Periodic Payments it. and to dice extant &a% arch payment can be paid In - - lee - -" d?a(PA)fe9wd ey.sau - form swag 1/17 '^ A MM 324704 (0r./ee) @Tm:, 0109121772 - - NAY-16-02 10:38AM FROM-8686241668 8666241668 T-878 P.007/021 F-060 foe To the extent that any moss wdm slier the payment is ePDlkd to the full Daymt:m. of one or more Pededw payments, such Mass may be applied to any late Merges dam Vohmury pt symgmts shall be applied fast to any prepayment changes and that as described In the Nots. Any aPplSpdon of payments. b w.Jrmm proceeds. or MtsesUmmoos Proeeea to prhiew due.under the Now eball not extend or postpone the due date, or change the anoant, of the Palddie I*rments. `. 3. Funds for Escrow Items. Borrower sbal pay to Lender on the day Periodic Paysuents are due under the Note. until the Nom Is Fed in fog, a seen (rite "Fords' m provide for psytdfeat of ammnts dire for. (a) Is= and assecsmenu and other hams which can scan priority over this Soaaity Idatirmwt as alien or encumbrance on the Property. (h) leasehold payments or gbund rents on dm property, if any; (e)ynniums for any and all i mmmu , required by Lender under Section 3: and (u) Mortgage lea moss preadmns if any, err any aunts parable by Borrower to Leader in lien of the payment of MortLage Insdnnce pigiuna in aceerd=m with the provisions Of 3ecdoa 10. Then items are celled "F-scrow Items.' At otiginathin or at any time during the tam of the Lama. Lander may require that Commensally ?ssoeiatioe Dues, Fees, and Aaaessments. u any. be amowed by Burrowar, and such dues, fees and assn main shall ice an Sai5row Item. B==olo ahalL promptly fomish b Lender all notieur of amounts to be paid under tbLj Section: Borrower shall pay Lender the Funds for Escrow Runs unless Lender waives Bmrowar's obligation to pa-the Fonda for any m ALL Escrow Isema. Lender ma. waive Borrower's obligation to pay moTsuder l undi fa any or aE Eamm Items at any time. Any such waiver may only be in writing. In "Avant of such waiver,, Borrower shalt pay directly. when and whom payable, the amounts due for any Escrow Sara ford which fmymant of Foods has been waived by Lender and, if Lender requires, sban !banish to Lager taea1¢ 4 evidedebng such Paymen[ within such time period as Lender may ngahe. Borrower's obOSiBor m mare huch pmy'mann and to Provide receipts shall for all purposes be loomed b be a covenant and agreement eonta nd in dos Security Instrument. U dm phrase 'covenant and agteconsu , is used In Section 9'Rf Settower ® obligated to pay E.tenoW Items directly. Pursuant to a waiver, and Borrower fails to pay the amomt due for an 13scrow item, Lender may ocerdse its rights order Seellon 9 and pay'imch amount and Borrower malt than be obligated under Section 9 to rqM to Lender cry an& aaw=L Lander may revoke the waiver as m any or all Escrow Irons at any rime by a notice given in acemdaoee with Suction 15 and, upon abh'seveouian, Bc&ww shall Pay to Leader allFunds' and In cub amounts, dusters thenregalsed under this gerlion 3. Lender may. at any time, c alleet and hold Funds in an anount (a) sumeiaM to permit Lender b apply the Funds at Me time specified Under B WA, and (b) not to exceed she memilu m annotmt a lender care require under RESPA. Lender shall esdmsse the anuxM• of Funds doe on ft basis or aasea-f den and reasonable cadmium of mwoodirimes of lhmre Escrow Imes or otherwise Snaocmlaxo with Applkabk Law. The Funds shall be held in an institution whose deposits an insured by a bake smsrumenulily, or entity (Including Lander. it Lender Is an institution whose deposits we s duW&ed] or in y Fea rani Home Loan Bank. Leader shall apply the Fade to pay elm Escrow Item no later than the dd specified under RESPA. Lender shall not chow Borrower for holding and applying she Rends, aanu, g the escrow uommt. or vedfyfng rite 8aenw hems. unless bander pays Burrower hnmRR ba the Funds aW AppBomble Law permits Lender to mare ash aehnge. th ka an agrecaent is made In weytiog orAppllnbb Law raquins iMaest to be paid on the Funds. Lander shall not be required to pay Borrower any inexact or earnings on the Funds. Borrower and Laufer can agree in writing. however.-dw fnearm agall be paid on the t? -s(Pw)varoo? t•+a.smu Berm-lloao t?a1 AIM 394705 (es/so) XXxWX, 0r0!].l17aY MAY-16-02 10:38AM FROM-8686241668 8666241668 T-079 P.008/021 F-080 ? i Funds. Linder Shall give to Borrower, wishout charge, an annual accounting of the Funds as required by RESPA. . II them is a surplus of Funds held in escrow. as defined under &ESl'A. Lender -lull-account to Boeowcr for the excess funds in accordance with RPSPA. If theta is a shortage of Funds held hlescrow, as defined under RPSPA. Lender shall nary Borrower as required by REV A. and Borrower shall pay m Lends the amount necessary to maim tap the shortage in accordance with MMA, bin hl = more that 12 _ monthly paymmp. If 'has Is a de5dea y of Funds held in escrow. as delved finder RBSPA, Lender shall notify Borrower as required by PMPA, and Borrower shall pay to Lander the amount necessary.tp make up the deficiency in aoeordence with R135PA, but in no mace than 12 mooddy paymmp. _ Upon payment in fail of all $=a secured by this Security Astmnent. LSVZW shalt prompt!-y refund to Borrower any Nor' head by Leader. 4. Charges; Lima. Borrower shW pay all pates, assessments. chars. fines, and impositions attributable m the Property which can -train priority over this Secrsity Instmmcm, leasdmld F?-Aqynn or gttnmdrmp on the Property, If any. and Community Assocladaa Dates. Lees, a d-Asswmmp, ifaaay. To the exam that these !tome are Escrow Items, Borrower shall pay than in the m6hw-Zmvided in §eetton 3. .. Borrower shall prompdy discharge any lien which has pri?ty ova data Security! Instrument union - Borrosve . (a) agrees in writing to the payment of she obliga leas secured byiha fien in a mpntrer sG:epublo to I ender, but only so mug as Borrower is performing much agreement; (b) monow s the ilm In good-bids by. or dcMmds &gab= enforcement of the lion is. legalproeaedpgs which in Landers opinion opeota m prevent the enforcement of the idea while moss Proceedings are pending. but only mtll'mch proceedings are_ melude4; or (e) secures Ems the holder of the Ian m agreammt astit6emry to Linder .ybardattiug the Am to this Security Instrument. IF Leader debradem that my pat of ma 2wpwv is subJJaxxe to a Hen which can ounin priority over this Security IaaCument, I-der may give Smrower a notma IslAsiyhtg the Itm-`Wimln 10 r days of the date on which dust notim Is given, Borrower stall satisfy the lleti or take one or n'abre of the actions set form shove in this Section 4. Lender may requite Borrower m pay a one-time charge for a rut esal- ax ytri6kadya ander reporting service used by Lender in connection with this Ism. . S. Property mouromoo. Bomwer shall keep the Improvements now MusthW or hereafter cussed on the Property insured agama ion by Are, hoards itrUaded within the Icon 'eumded coverage: and any other ~ hoards inciu ling, bin fiat Hndsed m, earmgtakas and moods. nor which Lender +equhks imutsnee. Tide insranx -h-u bat maimplned ht the amounts (imcladimg deductible revels) ttta nor ms periods dot Lender rtegnirea Whet Lender requites pnusuant m the preeeHng unrmw can obange dnrlag the term q( the Loan. T'he inwrannm reeler ptovlding me htsamrnoe shW be chasm by Hormwer iWxt m! I.ender.2 right m disapprove Bonower's Hnolce. whidr right shall not be euerWaed trraussorbly. I.tmder MAY require StrrrOSVer m pay, ion emneetion w1m this Lcaq aititer: W t onetime charge flood rbne de?trnioviott, _ _ _ eerdAoation and maddng serrkete: or (b) a mare time rd,arge for noon room deprmieatioo duel artrAatioa saviors and sabsegnmt mhtugas each tine retuppings or similar efiangas atxnr whfeli tnmosbly might aRxt aenrh detaminetioa or oat tlQotlon. Borrower Shall also be tssponaltle for the paymrrnnL of any fees rmP?d by Ora Federal Bncrgenty Ivtmagemmt Agem y to emaection with tbo ravfew ;o£ mypoed nine determination resulting fiom an abjection tly Borrower. - 4ft4e(FA)rotaat PgaaN ,. Fermaaa9 1101 AIM 394709 (e1/00) NEXULY, 01m919372>r ' ?i MAY-16-02 10:86AM FROM-8665241689 8686241668 T-878 P.009/021 F-090 • 0 If Baurowrr fens to ttaintain any of the mvetayea described above. Lender may obtain insurance coverage, m Larder's opttan and Boaower's axpmse, Lender is miner no obBgalon to poachase any - - particular type or amount of covange. Tbmdw% such coverage shall cover Lender, but might or might not protect Borrower. Bonoweex equity in ate Property, or the contacts of tb _property, against any €Ish n . had _ or liability and m4ft provide greatar or '=set coverage Wan wa pravdeuzly in enact. Borrower acknowledges that the cost of the hisuance covesase so'obe clued might talge'@eandy:nueed the cost of interstice that Bosrowa could bava obtained. Any ammaits disbursed by Linder m+derAds Set5on S shall begone additional debt of Borrower seined by dds Seenrtly InamanmiL Tbeae ammmta shall heir interest at ate Note cafe from ate due of disbursement and shall be payable, with such iutaast, upon notice farm Lender to Borrower requesting paytnenL All insurance policies required by Lander and renewals of such polfetes kian be subject o Lender's . rrI tam disapprove such polieles, Shall hMlUdO Standard mortgage abas;% and shall name Lauder as ce and/or w an additional loss payee. Under right to hold due policies and renewal certificates. If Linder requites, Borrower aban promptly give to Lender an T=Ipa of paid premiums and renewal notices. If Borrower obtains any font of htauranee coverage, not otherwise spired by Under, for - damage to. or deamcdon of. the property. such policy shall include a standard mortgage clause and shall nurse Lender as monsegae and/or as an addltoml Iwo pryx. In" event of loss. Bo=wer shall give prompt notice to the InsurancensirM and Lander. L®dermay maim proof of loss if not made promptly by Borrower. Unless Lender and Borrower; otherwise agreo in wtiaug, any Insurance proceeds. whether or not the undedyias kuhma tce.wss rtiqulred by Lauder, shall be applied to resmraaon or repair of the Property. If the restoration or repair L eearomieally Znsible and Lender's saaaity is not lemaned. During such repair and neamration period. Lender doll ban-the eight to •_ hold such insurance proceeds anal Lauder has had an opportunity to Inspect such property to ensure the work has been completed to Lender's ariataeaou• provided that such impedion sM be undemiloen promptly. Lender may disburse proceeds for the tropales and re-•^--tlen In a aims payment or in a seiksdf progress . payments as the work is completed. Unless an agreament is made in Willing -or Applicable Jaw requites interest to be paid on such in®cenoe proceeds, Lender shall not be requited? mp?y Borrower any Interest or erembhgs on such proaadt. Fen for public sdjumeta, or other third parties: retaktTed by Borrower ahau not be paid out of the Insurance proceeds and shall be the sole oblipsdon of Bummer. 71f the ranaranlen`vr repair is not eennoutice!!y tbasMIAM or larder's secaft would be lessened, the insurance proceeds ahan he applied to the sums secured by this Security Iusm®un; whether or not thin dens, with the crews, if any. paid to Borrower. Such ini mmtoe proceeds sban be applied in the order provided for bh Seedon 2. - If Borrower algndws the property. Linda may Me, negodata and settle any available Insurance claim and collared mermen. If Borrower does not respond within 30 drys to a notice from Leaner that the insurance eerier has offered to settle a claim, then Lander may negotiate and aurae'the claim. The 30-day period will began when the notice Is glvm lh elha event, or M Leader acquit= Ge J3oparty under section 22 or ' otherwise. Borrower hereby a>signs m I.eaear (a) Bonowar's rights to any latuience proceeds in an amount not m exceed tine amounts repaid Under the Nom or this Security Insuummy and (b) airy other of Bormwees rights (other dean the right to any ndltnd of unearned premiums paid by B_oaoweO under all insurance polmies covering be Froperty, foroEar sa such 8gbts are applicable to the eovaase of the Preputy. Lends . may an due insurance proceeds ahha to repair or MsMm die Pmparty or to ply ammmm unpaid under the Nose or tide Saemiy buts intent, whether or not then due. mwu.. c.N_m ' -6(PA) taeeq Pty. 7.1 u - - Porm'aw9 t/a1 137. 39IL907 cal/00) aaanY, Ole919172$ - MAY-16-02 10:90AM FROM-6666241666 6606241666 T-979 P.010/021 F-090 6- Occupancy. Borrower shall occupy. establish, and use the Property w Borrowers principal residence withlo 60 days after the ertewton of this Security LhRmment and abaft continue to occupy the property as Borrowers prindpat WilitICEM for at lent one yeer after the date of oocuptpLy. omLas I otder'othetwiae awes in writing. which eontaot shag nor be Unreasonably withheld. oruulea extenuating circumsanom - - exist which are beyond Borowers control. h. Preservatfon, Maintenance and Protection or the Property-, Inspeasoua Burrower shall not destroy. darage or impaw the Property, alhow the PropmV to deteriorate or cuatmh curate on We Property. WhWw or trot Borrower is redding in the Property, Borrower shall maLuim theMopwty in ordei to prevent - --- tee Property from dor:iotsdng or decrening In value due to its condition. Unless tit Is determined??- rUrntsssuant W Section 5 charrepaaor ressoretlom Is not economically feasible. Borrower shell promptly repair den propety if damaged to avoid bother deteMIoo6on or damage. If Laurance or comaem0iton proceeds are paid in c0matan with damage W. Or du Making of, ire Property. Borrower shall baresponsible fa repairing or rramriag the Property only 1f Lender has released proceeds for such purposes. Larder may disburse proceeds for the repairs and resteraton in a do& payment or In a series of pmgress'psyments as the work is oomyleieal. If the Insrrattce or w0demostm proceeds are not sufficenc m reguar or restore die Borrower is not relieved of Botmwer's obligation for the completion of sueEmpiRr or msmradom,= Property, Lander or its agent may make reasonable entdes upon and iospecdom of the Property. Lr It has reasonable cause, Lander may inspect the interior of die Improvements on the Property. L.epder aha? give Borrower notice at the tlwe of or prior to each at Interior Inspection syacbMg a-& reasonable ranee, - - g. Borrower's Loan ApplieatIm Borrower shall be in defsdt if, during the Low applkeadon process, Borrower or my persons or entities w ft at tee direction of Borrower or wI& Bonowees knowledge or consent gave marerialiy Pulse, misleading, or Inaccurate information or 8senMM to Lender (Or !ailed to Proms Lander with naMadd iafmmadon) in comecdon with the Loan. Maturialrapeasntatons include, but are not limited to. reprceemutmns concerning Borrower's occupancy of Welropapy as Borrower's principal taidence. 9. Protection, of I+andeez Interest In the Property and Rights Linder tirk Security Inaievment. if (a) Borrower Palls to pm'bun the covenants and agreements comaired in this Secmrty Lnatmenant.Zb) Were is a legal proceeding that might dgni[tnotiy aFfacc Lender's Lamest In the Proper[: amd/w rights under this Secusity Leammoent (Such as a Procestift In barJawlcy, probate6 for cundemmadon or forWune, for enforcement of a lien which may atMaht priority over Wks Security BusnarAnt or to culba laws or regublicul), or (o) BerreWCr has abmdoned the Property, then L.eoder may do mod pay for whatever is reasonable or Appropriate to protect Lender's Interest )a die Property aid rights under Wilt Security Lashoment. inehtding protecting and/or asess ltig the value of due Property, and securing and/or repairing doe Propaty. Lender's actions on Luchaie, but are not OmIMad to: (a) psylog my sEms areured by ti'liah whip[ has priority over this Security Lanotneol; (b) appeasing In Coat; and (e) paring ieawrsble auom 7f fees to proox:t its interest In the Property and/or rights under dds Sorority Lustrunint, Undhng ins aaemed position In a lahhirm" proceeding. gaming We Properv hwhati , but is not lkmit CM- entering tbol operty to rmlm repairs, change War, replace or board up doors and windows, drain water ftmn pipes, ruminate building or other code violations 0r dangerous eemditona. and have utgtce tormad on or oX Although . Linder may talm soYeO under dds Section 9. L milar does not have to do so aM Is tot-der spy deny or obligation to do s0. It is agreed that Lander hscus no liability for not tsldng shy or all, actions mdwrked - under this Sadao P. 4ML-KPA)taas.r eye ae rs - Farrd'ADAa I101 Aim. 394705 COL/00) sS tm%ll 010ri91722 MAY-16-02 10:30AM FROM-8686241666 6686241668 i T-079 P.011/021 F-080 Any amounts disbursed by Lender under dW Section 9 OC become aM'na '1 debt orbosower seemed by title Security Instrument. These sawants shall bear Interest a[ me Now rate ante. Me date of di+bursmtent and shalt be payable, with such hdrrest, upon trochee ban Lender to Borrowei'requesdog payment. If this If Borrower Security Intummem is on It Iasehoid, Borrower shaAcomply with alI'lite provisions c f Iho lase. agrees to the acquires &e tide to the Property. the taselwld and the fee title shall not rouge union Lender MUM In . 10. Mortgage h4ura at If Lender required hfonsma Insurance as E coridlddon of making, the Loan, Borrower shall pay the premiums required to maimaie the Mortgage luxteg ce In effect. u, for any rescue, the M haturau4 coverage required by Lender cosecs to be available ham due mortgage Maurer that previously provided such ban== and Borrower was required to make separately deaigisteepayments toward ti die Premiums for Mortgage Ins?to, Borrower abdl pay the premiums kequhed:o obtain coverage substan ally the cox to aoaivsk t of to the the Mortgage Laurance previously In efmt, at a coumbfaotfally a4uivalenL w MWWgo lolufer+ce previously in elect, from art alternate utangW insurer selected by Lender. If substantially equivalent Mortgage Insvtance coverage Is tent avatleble Borrower shall continue o pay o I®da die amount of the sepetaroly, ddesignated payments that t" toe when the haumnm coverage eased to be to effect Lender will accept, use aid ream than payments as a non4 uruddsble oars reserve in lieu of Marwp Iaxiance. Such lot, reserve shag be [too-refundable, notwithstanding on a a is h ud ?? and Lender shall not be rapahad to pay Burrower any Iatemstor earnings the amount and ad for reserve. L am no longer require loss mearve payments if Ivbtrgage Insurance edvemp (in and Lander Ienda =quire=) provided by are Warner seleatad by Lender again becomes avellah1% is obtained. o am u t for gm period g separately dada sted psymanb toward the premiums fa restoration. If Lender s required to -1- required Mortgage Insurance as a eoadirt, of making gnu Lam and Bo® was separately designated payments toward the premiums for Mpttp? Irtateance,'Borro shall pay the pemNm s reacted to maintain bQertgage Usu ace In at&u, ur o lde a mn-refuddaWWeVR erwer reserve. until Lenders r%ahement for Mortgage Insmfnce ends In atoeoedmtce with any writum agreement between Borrower and Leader providing for such termination or until terminadou in required by FVpiinble Law. Nothing in this Section 10 affects Borrowers obligation to pay intetefflu the rue provided in the Now. Mortgage Insurance rdmbarso Leader (or troy eity that p u=baseada Mesa) for Canada losses it may Incur if Bormwar does notmpay the Loan a agreed. Borrower Is not a paW%O the Mortgage *?e•'•++-• Mortgage mxm= awahase their tots[ sM on an such insue ere is Rice fi our time' o than, and may enter aand greements swith duat are satisfactory to do patch- that slam or modify dmirridc, orteduce loi ses. These ags?mmts are peragreements. These agteemens may re the moepge hKmer make p ymmts a any (or to these ? r ortgage Lusher may have available (which may Include funds obtektad from a Insof funds urance As a result of daa agreements. Lender, any purchaser of the Note, another iiamer, other amity. at any aIIDam of any of die Rnatgdug, may receive (directly o F indiretAW amounts ?tha. derive Oom (or might be ehraumrbe d aq a portion Of Boirotvuez payments for MotMM Nstuooce In exchange for alining or modfLft the tumtipnge tnsarar's risk, or reducing lessee If each agreement ptovides that an aifiMam of Lender takes a abase of the hasumes shk In exchange for a abire of the younit rs paid to the Insurer, the anaugcimt Is often Moned'Yapdve rnbruuaicf.- Further. (a) Any such apm meats WM not affect the amormte that Borrower less agreed to pay for Mortgage ltaraaacy or any other teems at the Loan Such agre®easc wail not Increase the amount Borrower WM owe Ibr Mortgage Dou mmes, and they win not enh81a Borrower to a" refi e& -WPA) teeny 1'apfMra anwaa.;,C - LR. 394709 (01/00) aanax, OtDfl937aZ Pereaoba Trot -' MAY-16-02 10:36AM FROM-8686241668 0565241568 T-876 P.012/021 F-000 0 (b) Any such agreements Will not affect the rights Borrower has - if any, - with respect to the S ?:g° Xnsarenee tender the Ifeaut owneta Protection Act of 1998 or any oifiar IM.;Thno rights may Ins?o h to lM to receive certain dincosma,, to request and obtain cancellation; of the Mortgage net Mortgage ?Xosarance terminated automatically, and/or to receive a refund of any Mortgage to have 11. Asstgmnent of that Proceeds; at?e time of sucb cancellation °PtCeeeds hereby awigasd m and shall be taiid m Lender rf me Property is elamsged, auxh h9sadamuua ]?cooends shall be applbd m seeruralion ar repair of the Prophet', d the rwmotion or repute is a iceIIy feadble had I.ander's samrky is hot Iesmgrtl, Dmini auheh had testorulm peuiod, I.euder shalt have the right m hold web Mie«mtteptts Proaads until Lender had an e><ntdtty m ltrepeet Sack Property m ensue the anode hw,been eooioleted to L.endera tatldactioo, PnvIded that such htspecdon t0u116e tmdetlakan PmmptlY. Lmdar rosy Pq.Yor me xapairs and li urn im a singe dieburSemut dr im i Seriw elf ptymanrs w the ilf°dC?i4?enWpieted less an ageememt iS made ht welting Or lw tegnaat ialCett tD )70 paid OA aaeil bLlCOg»>eppe l cadet shag not be tequuieed m pay oaolaur hay interest Q eaeniogs on merit h?eom F?If theme resmration or rhq? i8 not aoonomieaBY fewlble err I.eoder'a aeemity lvould be ? ube coos 1'rooeeds shalt be applied m me turns ascend by thin Security Ioahmment, whtMtier a mat due. with the SSacdon many. Peid to Bostower. Sooh Mitoceilaaeoea Proceeds shall b° applied is the order provided for in In due evens of a meal liking, deaftecdmt, or loa in value of the Pmpary-the Nowillm, s Proceed, shall be applied to the Sums neared by this Security Insnumenr, whether or coo men dlae,iwith the exams. If my. paid to Bon ewer. - - In me event of a partial nk)og. desoucdon, or lose in value of the Property In wbkh the fair mad oet value of the Property Immediately before me partial taking. destruction, or low In value it equal to or Srester than the amount of the sums seemed by this Security Inumment immediately bafum ItIhe paitia! Inkktg, destruction, or loo is value, ualew B°aower and Leader otherwise agtm In writioj, the aaau.soared by this Security Insaumou shag be reduced by the amount of the Miscellaneous Pwcoads mad4ded by the following ffacdon: (a) the mod amoum of the mar seamed Immedtptetq br7Gra ft pedal talon;, destruction. or loss In value divided by (b) the far astriuot value of the Property immediuely before! Me parllal eking, destruction, or loss in vaide. Any balance dLdl be paid to Borrower. _ In the event of a partial ding, dwmtcdm, or low In value of the Property in which the5air marker value of me Property immediately bedote Au partial eking destruction or low In vaWe is lea than the amount of the soma seemed immediately berom the ptAQ taking. des?tutim, or lo* in viijus. unless Borrower and Lender othanrim arm in wriMn& the Miseellaneous Ptoaada ahaII be applied to the sum, Secured by this Security Instrument whetter or not the sums om then due. U the Property b abandoned by Borrower, or 1f. after nodes by Leader to Satrowerlthat me Opposing Party (w de5ned In the matt nuance) oMm to make an award to settle a loam bord!?. Bearower fails so nqx and to Sender w•iddr SO drays after the dam the unties is glvert, Lander a tmthmtlsed to-jollaet and me M1scausneom Psoceeds rimer to ecemntion or repair of the Property or to the sahw seemed by this insmunen aw or not than data "Opaostos Part'' mesms me mid party that owes Borrower ? m or the pact' gpkM whom $oaower_ has a right of action in collard to Idocallaneous Boamwer sham be is default tf any aaio _or woceadln;. whether cavil ex aiming Is duo mat, in L.dndeYs judgment, odd tarok in f°dd4me of the Property or other material Imps anent of Latds?a imterag fm the Property or rights under this linearity Insmunant Boaowar can ors such a defanh and, if aaeleration has oaatxed, reinstate as provided in Section 19, by canon the action or-ioeAadtng in be dismissed with a ruling they in Undoes Judgeneek praeladee RehIMUe Of the Pnopecty or other MAW% al lmpahment of Msoab? 4OL-S(PA) ttaom Pte tea is ! Porto 0030 1101 AIM 294720 (t./00) MXULr, 0100191727 L MAY-16-02 10:38AM FROM-8686241688 8686241668 T-AT8 P.013/021 F-080 • 0 1-e?er'a interest in the property or tights under title Security rnatrumene TLeproaaris Oran swaid or elelm ond dmabe that we attributable to the impairment of Leader's Wad bi the Pi6peny, are buteby ass( IM _ paid to Lmidar. An Msoegmmw Proceeds that acs not In the order provided for in Section 2 applied to seatawrion or repair-of the Property shslkI_e applied 12- Borrower Not Released; Forbearance By Lender Not a Wstw. Extension of this date for paymem or modiBcada0 of amortization of the Same secured by this Security Imsuumant. granted by Lerida - to Borrower or any Successor in Tomcat of Borrower aball not opetme to relent die liability of Borrower or any Sorensen; in human of Borrower. Lender Shag net be required to totttinaaEe pmeeadlew against any . Sueerasor its Interest of Burrower or to mihse to stand data for payment or otherwise modify amurdmadon ofthe sums seemed by this Security Instrument by scum of any demand made: 5y the original Borrower or any Successors in Iateeec of Borrower. Arty forbear== by Lender In exanciiamg any right or remedy . In In' t of cludipg, gout limitation. Leader a acceptance of payments Imes thud Reasons, enddes or SuFcrosors in _ exercise of Borrower or In amounts less than the amount dten doe, shall not ba. a waiver of or pteoiode the 13. oint andSeveral b o , . -_- agrees that Barrower's abliSations end Ispall jokLL and eevas? hoauad. . sinp err Bongo ujF6w r who * Se ar-dgifs this Security IoaOrdmanc but does trot essence the Note (a `ono-dgawes"): Pro (Wis lib c,am so-In trance t only to mortgage, grant and the co r'a- noerea Lt the and die moms of tits ' C atreas die[ Lea and P 0 lag ih realms iewred Security Iniaameot: aid my odic Borrower cam agree m -inodity, forbear or inshe any - accommodations with xegatd m die lemma of this Security Instrument orme (rite without the co-signer's coraeRL Soiriea to the provisions of Section 18. any Successor in Interest of Boitmver who asstuns orrower's . obligations ranch this Seeadty Instrument in writhig, sod it approved by T.endrr, shad obtain all of Borrower's rights and banaft undo this Security Institutions. Borravter simri not'be released from Borrower's Obligations and Salinity under rids Security Instrument rmleser L.aider #g ew!to such releare wcithig• The ovenonta sad agremtens of this Society Iaamrmemt shell bind (except as Orovided un Section. 2M and benefit die strtceam and asdgets of Lender. - 14. Lcens Chorges, 1- Sa?epwere defieuk for the purpose may charge Bier tees for sevicet performed in eoo?tpon with _ varights under this Security lmovmeny including, bur not of protecting limited art net's teIn t In the ProVerty prope4' Inspection and lmdo_ n tare. In regard to any other fro. the absents of repress a diarby in this Security Iosbummic to change s s tee to Borrower shall not be construed by this Security kistrument or by A as a prohibition an the charrgp & of surSfee.-rAnder may not e4arge Ixe awrostly the[ If the I-0a6 is Of?la a law which =is maLlmmm iaan.eb linable I.aw. .. that the biterea or otter loon classes ocllaaad, or to be colleetedd k • tomms athat do hen with is ftafty the die Loon Erased he _ pemin d limits, thee: (a) nay such bur ab•tga dall bereduced bythe amount nt nee wit necessary to ch the which a eSmile to the petmiroed ltnth; and (b) any auras dt'?Y collected from Borrower which exceeded Femitoed timtls w tire ill be refunded to Borrower. Lander raw choose to and= this aeftid by reducing the Principal owed nailer mono uor by melding a diem payment to Borrower. If a reEimd aducst pzmcipal, the, reduction will be partial prepayment without may pngwja nit merge (whether or not a yraps yment charge is will Provided fm to waver of NOW. Botoweet ampsoce of may such refund made by ditertpaymemt to Borrower aM'right of action Borrower might have aiiaing dill of such overcharge.-. p 00etrtre C. H z= trot '~"' of 16 -T- Form 3039 trot Alm 396711 (01/oo) aarmr, 0109191721' NAY-16-02 10:98AM FROM-8686241668 6686241668 T-678 P.014/021 F-090 M Noehees. An mrims ggttvvm by Borrower or Lender in corn sedon wghh aWSeeurI_* Instrummnt mast be in writing. Any notice to Batrower in connection with this security Iaslramemi shall be demnad to have been given to Borrower when magad by apt class mail or when actually daveted to Borrower's notice _ address if sent by other means. Notice to soy one Besrawar al7aB constitute notibe to on HonOgera unless ADD b1e Law OWeU,y t?odtawis¢. The notice address shall be the Ploperhi Address anew Borrower has designated a notice adderse by notice to Lender. Bores*W aha<t! promp-d notify Lender of $ertOwrrs change of atldtass. if Lander spaoiaas a procedure for repor?tta Hoabwer's ceioge of _ address, then Bartower shall only repotta change of address through that opmf[iWpeoesdece. Theme mry be Only me designated notice address under this Security Insnnmant at any one dmo,*ey notka to Lender shall . be given by delivering it or by 7nalBag it by Am class mail to Lm Ws addtep seamed herdbh Miam Lander _ bJ2 designated another address by nodes to Sorrowee. Any cones in con oodm with this Secaft Instrument . sites not be deemed to have been given to Ledder until actually received by Lender. It arty dodm rgaired this Security instrument is at= requited order AAyyyy In Law, the AppliesiUc Law regtvrlotent will satisfy - - She . ond'vhg requirement miler this Secuiy-Iremitrtr Lt. 1e ovaviog Law, 88MAIII Byh Rules of Cmstruedm Tits Secusk himument aball be- - orned by fedepl law and the We, of the jm'adidim in which the Property is lonteS7CB r"anaagpl ns _ coundned in this Security lhstrotnent are st"= to ally NVIlamanp and Bmitations Of 1 t? Law. Appliabic Law might esptiddy or IMPS MY allow the pasties to agree by eonnxt or It might 3itmt, but such sBmce shall not be construed as a prohibition against agreeatent by comsat In ride event that any Provisim or clause of this Seemdty Fasmmamt or die Nom eonaiep with Applicable Law. a? co ialet shed not affect other provisions of this Security Instrument or the Note which can be given epba W?xm the connicting pravilixt. this Security I=ftum6ot W wet of the ukvw m gender shall ninn and include - corresponding nutter words of wads of the fembtine gender; (b) words in the altgu? shall &am and Include any sedonthe plant and vice vm= and (e) the word 'may gives sole discretion v;F*C; t, arty bbLgaton to take 17. Borrower's Copy. Burrower shall be glum one Copy of the Note and of lj?b Security Instfl;menc - 18. Transfer of the Property or a Bmdkbl Interest In. Borrower. As used ffiIthis section is, -- "intexealis the Fropaty` nessns any legal or heaeBeial peraeat in the Pcopts6r ittelotGng. but mtymited to, - thoae 6 eneadal larrreap oemdmed io a bend for deed, omtwct fm deed iotatallmmt antes e?trut or escrow _ agtaemag, die indent of wWeh b ens hransfer of tide by Borrower al a [amts bale to a ptRhaicr. It as or any pats of the Property err airy larcener is the Property is s or randetred Qor Y irarrower is - - t?ot a natant Persan and a besetbcial iotetmt la $oerower if sold ce trandeaee>) wf?ont Lender's prior written i oe,......,. Lender mqy :agaiea io>medLre Qaymm[ la [ten of all stuns secured y this ?4' Ifistrnrnmt. ' _ Howrover, this gptim ethaa not be ettadsati by L,mdc if such esattiae (s luopbiudby ApD3fcabls caw. TF Lender e7temhes rhos npdon, Lender stall give Borrower notice O-f aoealaniaa. The notice shall taovide • paniad of not lass than 9Q days from the date rise melee la given is withn is wlthfn which Borrower inner p? all sstnt aeeorad by this Seeneity Iasnonwot I(?o7anaar faili tn_ggy these seems prior to the eocpiradon of this period, Linder nosy invoke any temgdka Duetted by dun Security fustruahent without further uatlce or eiemand m Borrower. 19. Borrower's Right to RaloatMe After Acceleration. If Borrower mexp e2xain conditions, Soaower shallhave the sl-ght to have enforcement of mis Security lnx ummt Bappmiauedju any thne prior .. _ ' to the earliest o8 (q) five nips before sale of dot rppey Dmwmt to any powror of pie omtdrumd la this ' Security Instrument; (b) each other period as App Plinbls I.aw might ?aefb for dh6 of Sottower's _ go ratustem; or may Of IL Bomar ea W pay Lend an sums wb?ict<?en0 wen oube ?SimdayWts SamdcjiC Those the w N b if tic axelaedanshad panned; (b) cures ay dahum of airy other covmantr or agmenhEpes; (off pays all 41ft4KPA) man) AWL 394713 (07./00) Pn4413at 1a 8272mv, awn.' C• ? ' 0109191732 FormTose 1101 '? MAY-16-02 10:40AM FROM-6686241668 8686241668 T-898 P.016/021 F-060 • 0 expenses Incurred m eafoteing this Security lost onan% including. but noOmita to. reasonahk auo food. property Inspection and vamation tires, and other few in?ed for the purpose of pao ecdnt l.eaao Intoom in tide Property and tights landat this Sacarity lastmmeng and (d) Adcas such action as Lender may reasombiy require to assure Wet Landeem human in the property and sights teuier dais Setmr(ty bano ern, and Barowar's obligation to psy the sums seemed by this Security Instrument. shall continue unchanged. Leader may require; 7?„?B?? pay such ndoa?mt pens and expenses in oIIe or more of the Wowing ea ms. as s selected provided W cash; (b) money order; (c) eertitled cheek, bank ebeck tmasurWz check or any such check is dtawn upon an inanition who dapozits ate instead by a federal agency, instrumentality or equity; or (d) Fleehonic Fiends Trenribr. Upon rniol6tement by Borrower. this Security Immu ant and obligations nomad hereby shall remain fulU• aQoctive a If no accel atlon had occurred. However. this sight to reiauata stroll not apply in do ease of saelmado under Section It. 20. Sale or Note; Change of Loan Sarvierr Notice of Glrlevanca. Mae Nee cr a pardal imem" in the Nola (tagedier with this Sandy lamumenq can be add am or roam times without prior notice b-Dotrower. - - A ask might result in a change in the entity (known as the "Low: Savicee) that collects Periodic payments due under the Note and this Saxi 13 Iamomaht and performs other amasses lmu aavielmg obligators . under the Note, this Security Iasnuumn, and Applkable Law. there arso might-ye one or mom a-hanger of the Love Service uoreiatad to a sale or the Note. If than Is a change of the LoaT3avlca. Boirower wUl be - given written notice of On change wbkft will sate the rem and addrou of the new Loon Servicer, the sddrevs to which payments suha dd be made and any other m[oamaton RESPA requires m c6hea lon with a notice of mans2r of servicing. N the Noss L sold and th erea 0 the Loomis saviNd by aLaon Seivlar otbor thaw the purchaser of the Now. the ma Wp love aerviong obligations m Borrower will remit a win the Loom Servicer or be tansferred to a successor Loon Servieer and are not assm iW by the Note purchaser ' - unless otherwise provided by dam Note purchaser. - Neither Borrower nor Lmrtar may con®eaoo, join. or be joined to my Judicial action (Iff tither an - - Individual lhtgant or die member of a dada) that fates from am other paty a «tkma pursuant to t1US Security -- lnsnumeat or that alleges that the otter party boo breached any psovision of. or any doW owed bjreason of, this Seca ity lmkumem. andl such Burrower or Leader has nailed tine other party (with such notme riven in compliance with tha tegdrmsents of Section 15) of such alleged broach and afforded the other patty berate a ressonabim peiod alter the gtdng of such notice to tale conecdve action. If period which must elapse before certain action can be tauten, ohm time peed w?a7ebe tlbk docaund Law to imavideg be be reasonable time for purposes of this en to o Brt rearonabta paragraph. The nodes of aieeeleration and opportunity b ere pvm Borrower pursuant to Section 22 and the notice of ameleradm given to Borrower purmaat td Section 19 shall bedeemed to satisfy the notice and appormaky to take t oneedve motion providmIs of this Smtl%20. - _ 21. Hazardous Substances. As used In Woo Section 21: (a) "Hazardom Substa masm are shave - su following bstances defined as tmdc or hazardous substance. Pollutants. or wettas by Environmental Law and the substances: iasolina, lessens. other flammable or bode petda® products, uudc peiteldes and hertices. vol fad ftc and sabams or formaldehyde, aid sadioaoave n$aiels; (b) "Euvicamoonad. Lay aaw' ernvloan menu meetal man when the Property is located that elate -- to beam. - protection; (e) Environmental Clamp" ksilades any sponge action,' remedial action. or ramovel action, as de&Ad in Environmental Law; and (Q an-•F,avhmmmentalMondhiah" mamas a eondldon that can Betas omonbvta b, or ottawise rigger anEnvhanm¢ctal Clamp. - Ufa ueh.r• - - N(PA)peah gaga aaara - - troneaoaa 7/a1 a>d 394733 rml/ee) a®amtt, 01091na.?21F- - - NAY-18-02 10:40AM FROM-8686241668 6686241668 T-876 P.016/021 F-080 Borrower shall not caum or Substances, or threaten m gainers nor allow anyone else to do, ayt Law. (b) which cream an RevhW Standout Substance, ante a ca sentences shall not apply to the p Substances that are generally secq die PtouaM (includima. but ter run arty governmental or am= or )u ndidon, tachurma but or m In role NO? =A must be cared) sa Same sunned by d Lender Shall Ihrth ram the foredmame acceleration and M immediate may fineefasepthis p2ytmu don term t lower, m the e to enforce or u sly of area Borrower m aapahe rile m'a a7. Intmest Rate Afh entered on the Now or is an the Now. it the presurm OW disposall orntteiu b[ any km Iimardoue rddoangs SUbstsoces, o(n? or in the 4 . Boaowes a6eLL not do, of it rW is rd 9 the Prop or n) which= m "e DresaKR t w or ??? - - i that advemely affbm vsbss a Plouaty Tee pre g two 4 Use, or storme on die Prop of sodhffgasnddee of Hatatdous m to nonml rncdim, uses and to mainTe sure of bbes a. subsu nme in co nwmerptttdocq). _ ler written adieftAf (a) any in chair, demspd IAwsuh or t'Ka?'Y Tney or private p mvo the Property and any vhonmwa Law b[ which Borrower has rem )mowlod8oa (h) any not ]Wild ft or g dvpc a so. spilling. sd (e) any con didpa ewsed by reJethr - -' Teets die vshm of the loperty. Lf gbaoiva 10srin. or is vod[led by . or my privae parly, the say remo(talpr tither rcmadiaion of any Hy anecessary. Borrower shall Pmmpdy take an rmnedW non otidtag herein aliafi aesse,sgy ttblipdon. ore Lender for an torrower aid Lender further covenant and agree as;fogowi her shall give notice to Bootaecalaradod'following or agreement In this (yet not prior to pro eovidaso3=1 % WtrsbaBnogfy?orrowar Me action required to care tadb (q when the default n cure the dahnU as specified may result in acceleration or the w4 feteclosure by Sudieial y and ask of the property. of the right to relnefate after aemser:un and toe rbht to revert a-edt tm of a deftult or any other dafaom. of Borrower to [cult k not cared as specified, Lender at Its option may r17 nit* axvred by this Se t?y LLastr=eat wWsout famthar demand and d by Judicial ppr'oaad`m .Lender shall he mtltled to eogeet all redid Prmvldad In his ! 32, badudbng, bid not limited to, a to the extant permitted by Appliicabb Lew. sums seemed by this Security Insntimmt, this S Tesuumait rid become void. ABer such ommamee, Lender shall discharge and r shall ply any recordation nom. Lgridegirvay adtage Bwvwer a fee . . L on1Y i[ the fee fs paid to a mird pservices rend and the Law. MINE Younhad by Applicable Law. waives and rol45es r error or -- suri4' Lasnuman, and hereby waives a benefit of an nt or are, estanalan of tiaie, reception Gem attachment, levy a?, ens sea due to rdnaam provided in re-MI leaiIP shall eiuendw eve hour _ A shedQ'e $ale or other pie pmanam to dais Searlty ImtmammL , If My of fie debt soared by d)is Segaby Insernmenr; is legit m ddsSecurity Instrument shall beaputchem toneym _.? C Borrower agrees dui the Intema, atett? of a gemot is - w4fte foreclosure shall be the rate p Fw" Qnp) data mllnie under inM 'C ?-a(DN leanst ry tea is ? twrra`aaaS vet ARE .394114 (01/00) ftataar. 0109191722 - MAY-16-02 10:40AM FROM-6666241666 6686241668 T-878 P.017/021 F-080 • BY SIC9NIKG BELOW. Borrower accepts and aye's to dm terms and ' Sec dw laslmment and fit air Rlderexecuted by Borrower and recorded wet4 it tcvanaots Contained is this VPitaU4ex • / ? ( - ?I? Nre.SS; _ ii ( CLAR taCS H. 1'1 $x4 xxx- a0n0w4r ' WORD •B?r (sdD (SMO ,90newer -Eortover (SeaD -8onow.r _ (SeaD (SnA 49e sr -aertowar IatRa-G(PA) tuna F.W. if of 7a Form aoss 1/01 ae. 314716 (03/00) axmr. 0109i9172r MAY-16-02 10:40AM FROM-6686241668 8666241668 T-876 P.018/021 F-080 C, J • Cardneate of R921dence I' - - , do hereby cerdry that the eomtet address of the wlthk- amed bfurtgagm is 19030 Avenue of Science, 0100, sass Diego, CA 92198- _ '-- Wirmumyhandd& 98th dayoftieptember _ foal 3Mdk%r,' riL-?-6,, Asset eL.Meetppe 1JR7? /Y??,¢yl.4?a r?"= _ F PBP1Pfrii 1Y?1?, p gyT/MO?kG- County -M - - On thks, the C28 day of SIFPTC.4j b1ra-., r.;2eso ( before ma the mtders4ped o®cer, persousny appeared , Clgrzfjr . 14. #,C*Wly I IT- - 2291N0eap41Y proven) to be the person(s) whose known-to me (or acknowledged drat hgObq t W executed the seae tor the p??mpweo lsm heergo reto co eonnwhred. within initsmnL ind DI WTn*UM VVFffiRWF.I hereunto gamy Mod and official seat - .. 1 A4yComml$d=8sph= = A, " TW4 of M Cea ANIon lix m jorwory a,1003 qFlo-RPA) W00e1 leahbl Peye ra a /4 Perel$aa9 7/e7 Aar 394716 {12/00) aanmy, 0309191721 MAY-16-02 10:40AM FROM-6666241668 8686241668 T-878 P.018/021 F-080 0 40 ARBITRATION RIDER THIS ARBITRATION RIDER Is made this 2stb day of saptember 2001 and Is incorporated into and shall be deemed to amend and supplement the Mortgage, Dead of Trust ' or Security Dead (the 'Security Insbumanr) of the same date given by the undersyined (the "Borrower') to secure Bofnewers Note or Adjustable Rate Note (the'Ncte') to - Aeeredited Rom Lendews. Inc., A Callfosnia CosporatIGH _ (together with its successors and assigns, the 'Lender), of the same data and covering the Property described In the Security Instrument and located at - 11.TROMA,S DRIVE, ta2C8ANIC118DR04, POZU18yivania 17055 Pep" Addrny A. A9.00. ant to Arbitrats. By signing this Arbitration RItlaL you agree that either LaMar or you may request that any claim, dispute, w controversy (whether based'upon contrast; tort, Intentional or allwrwfm. constitution. statute; common law; or agrlly and whether pre- existing. present or futurs), hraluding initial claims, counter-tlabns, and third-part..claims.-srtsng from or rotating to the Note or the Security Instrument or the relationships which towt from the Note or the seantty Instrument, Including the validity or enforceabMy of this Arbitrator Rider. any part hereof or the Note or the Security Instrument (a 'Clahnm), shall be resolved, upon the election of you or us, by binding arbitration pursuant to this Arbitration Rider and the applicable rules or procedures of the arbitration administrator selected at the time the Claim fa filed. The party Infilatifg the arbitration pmosedift Shan have the right to selsot oaa of the fofiowtnp three arbitration admintstratora: the National Arbitration Forum CNAFO), the American Arbitration Association ('AAA) or JAMS/Endispute CJAMS7, The arbitrator shall be s lawyer with more than ten years experience or a rctlrsd or formerJudge. The arbtrator shall In Indepencleff and/or - unrelated to you or Larder. The ides and forts of the NAF. AAA, and JAMS may be obtalned by writing to or calling these organitatons at the addresses and/dFteiephone numbers listed below. B. location or Arbitration. Any participatory heariri; thdt you attend Will take place in the city nearest to your residence where a federal district couit is located or at such other location as agreed by the parties, _ C. Costs of Arbitration. It Lender files a Claim, Lander shat pay 811:111ing costs. If you file a Claim, the firing ousts shat be paid as fOtoWS (a) Lender apneas to pay for the Initial cost of the filing the Claim up to the maximum amount of $100.00; (b) for the tiling coals over $100.00. such additional cost shat be divided equally between you and the Lender up to the amount charged by the arb&WJon admtnlsb*gr for a Claim equal to your loan amount; and (c) all - y' costs over rte amohmt charged by the arbitration adrrdnleb*w for 1 claim equal to your loan amount shat be paid by you. The cwt of up to one full day of arbitration Ifeearnps trill be shared e9uenY between you and the Lander. Fear for hearings that exceed arm day v be paM by the requesting party. You and the Lender shat each bear the expense of their reapesflve attorneys- ?. 004701 (5/00) EB=LY, OZONIS1722 C,N.1Z3 Palle 1 of3 MY-16-02 10:41AM FROM-8686241508 8686241668 T-878 P.020/021 F-080 • • fees. except as otherwise provided by low. If a statute gives you the dphTla recover thaw fees, or the fees paid to the arbitration administrator, these statutory rights shelf apply In the arbitration notwithstanding anything to the contrary contained herein. If the arbtrator (taues an award in the Lender's favor, you will not be required to reimburse the Lender for an,Zr fees the Lender has previously paid to the arbitration administrator orforwhioh the Lender is responsible. 0. Applicable Law-, Judgment This Arbitration Rider is made :pursuant to a transaction Involving Interstate commme, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 Pe 'FAA"). The WbIbut r shall apply applicable substantive law consistent with the FAA, including laws concerning reception, rejection, and consideration of and shall provide written reasoned findings of fact and concluslbns of Taw.' The arbitrators award - shall not be subject to appeal except as pemfft0ed by the FAA . The parties agree that the award shall be kept confidential. Judgement upon the award may be entered in any ocurl-having jurisdiction. All statutes of limitations that would otherwise be applicable Shall apply to any arbitration proceedings. _ _ .. E. Powers of Arbitrator. The arbitrator shall be empowered to Impose sanctions and to take such actions as the arbitrator deems necessary to the same extent as could be imposed by a judge pursuant to the Federal Rules of Ch4l Procedure. _ F. Additional Tema. This Arbitration Rider shall survive r5payment of your loan. If any portion of this Arbitration Rider is deemed Invalid or unenforoadble render any few o?.statute consistent with the FAA, Itshall not Invalidate the remaining portions bf f W Arbitrattbn Rider. In the event of a conflict or inconsistency between the rules and procedures of the arUtretion administrator and this Arbitration Rider, this Arbitration Rider shall govern. No class action or joinder or consolidation of any Olaim with the claim of any other person are pam!tted in amHration'without the written consent of you and the Lander. . G. Claims Not Subject to Arbibadon. No provision'of, nor the mreaolse of any " rights under this Arbitration Rider shall limit the right of any party itudnngg ?'the pehdenc?of any Claim. to seek and use ancillary or preliminary remedies, judicial or otherw ss, for the purpose of realizing upon, preserving, protecting or foreclosing upon any property 1nvDived in any Claim or subject to the loan documents. The use of the courts shall not constlbite-a walver of the right of _ any parry, inckldhg the plaintiff. to submit any Claim to arbitration. nor'nander inappOoable the compulsory arbitration provisions contained in this Arbitration Rider. ' THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. You may contact, obtain the arbitration rules of, or toe a Claim with NAF, AAA, or JAMS as follows: - - - National Arbitration Forum P.O. BOX 50181 ' Minneapolis, MN 66405 ISM 4742871 Code of Procedure. American Arbitration Assodat0 n 1150 Connecticut Ave., NW B FI Washington, D.C. 20038.4104 (S00) 92S-0155 Arbhcatlon•Rules of Consumer Related Disputes (Claims under 610,000). Commercial Arbitration Rules (all other claims). J.7CM.?7Endtsputs 700 11 SL NW, SuIte150 Washington, D.C. 20001 (BOO) 352.3287 EzvimnmdL? Financial Services ArIftration Rules and Procedures.. Jun, 204702 (5/02) nexaDY, 0109391722 C.)4 nr Page 2 of 3 MAY-I6-02 10:41AM FROM-6686241668 8686241668 T-878 P.021/021 F-080 BY 816NING BELOW, Borrower accepts and agrees to the terms and oovenents contained In this A Wration Rider. _ Bona war cLARMIc8 A. >?aRLY. III 11 Borrower Borrower Date $ovower Borrower Date Borrower . Date Borrower now Borrower . Date MM 004702 6/00) ZMMT. 0109191722 - - P9ge 3 oF3 APR-05-02 01:06PM1 FROM-1585241569 6585241568 Mmb 1, 2002 Clarence Heinky 11 Thomas Drive M6d3W iAbkkr&PA 17055 ACT 91 NOTICE T-562 P.002/007 F-626 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notiee ccnw= bnpmrtant h*d h&mafioa If you have my quad= raptD= tivw at the cAm mer Credit Counseling ABmW maybe able to help a gAft it YoumW"wmtt to ccmwt mm ataomaey in your urea. The lowlbar msoda*mmaybe"to b* you fmd a lawyer, LA NOTII CACIO EN ADtiUM BS DB SUMA D&ORTAN(MA, PUSS A"WTA SV MEMO A CONPlWAR VNM O lW $U CARE. Sl NO C0hnV M P.L. CONTBNBDO DB BSTA NOTo'lCAmoN OBTBNOA UNA TBADUCCION 5IMP.DIATAM18 M LLAMANDA BSTA AGENC'IA (PlRWYLVANIA HOUMM PROXCE AGENCY) SIN CAROM ALNUMBSO IMCMNADO ARRMA. PUPDES SER BLBGMLB PARA UN PRESTAMO POILBL PROGRAMA LLAIMADO "HOMEOWNER'S BMLRCDTCY MaRTGAGP ASSISTANCE PROORAW BL CUAI. PUEDE SALVAR SU CASADB LAPERDIDA DLL DERBCHO ARPDUM SURWOT & 11DI GOWNER S NAME(S): PROPBRTYAEOMS: 11 Tla =Dri'm •dmdcdm - PA 17055 LOAN ACCOUNT NUMBER: 0109191722 ORIlDqAL LENDBR APR-05-02 01:06PM FROM-8585241568 6565241566 T-562 P.003AOT F-626 CURRENT LENDER/SERVICED: Ac mu tad Eome Lenders EMMkMWCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIMLE FOR FITWXlAL ASSLST&= WHICH CAN SAVE YOUR HOME FROM PQBZCL QI mF AND EVU P YOU MABP Ell= MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE ECUMVINSRS EMERGENCY MORTGAGE SMSTANCE ACT OF 1983 CM "AC`r), YOU MAY BE ELIGIBLE FOR EbaM WCY MORTGAGE ASSTSTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BMG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND -IPYOUMEUMMKELIGM0 YREgJIRMQWSSUTAMMMBYTHEPENNSYLVANIA NO PITTANCE AGENCY. TIIffORARY STAY at FOREC[ OSiJRB-Under dw Act, you am mdbod to a tomponry stay of fazes wmanymmotWwfor*uW(30)daysftmthcnwiptofdu)ktice. DatineffiUa=yuutnmtcoft& and ,head a "Dco-to-8 mmbg wi& we of the amnaaer =*U oo =ftg agm3d h=d at the and of tme Notice.7ffi6 MUSTOtx:IR-Vn7 NMB-(S01DAMM IFYOU moat vft mm of tba cow crmht ale aatbm againatym forth* (30) days afar! ice dam of this modag. necessary m acdseddule one Dte-to-Elva meeting Advice year It h only ofycluinttndas Yana mortgaglo is is ddrAk forthe reasons set forth 1 ?rinlTsisNctice(see?IlowiAyp?afasspe?Re?ab tbeaaaxec yawdeftu4Ifyrwhavetied andwouaable to rmlveftspmbkm withthe I®dar, yauhwodw rtgltt to apply forfquR"assisboaehim the Howww Ws Emersacy Mortgage Aasiatmoa Pmgmm To do so, you most fU out, aigu and file a oonrpleted Hon msarefsEmacgmoyAmdswmProgramApPHeadwwidi cmcofelseftimatedco m=acm&teatmwxms agamma listed sd the end ofild Notice. Only cmua®ar media oacmn ft egm w have do Wplimom for the pmgrams<tdtheywiilasaistyaninm mk*aamplogpl c mnto*ePemtsylvzdAEbudaEFmmmAgmy, Your applkvd m MUST be filed or poatavIIW within ft W (30) days of yom fboamo-fw meeting. YOUbMTPUZYCKIRAPPLICAITONPROMMY. IFYOUFAII,TOD0304MIP YOUDoNt7T FOLLOW TH807HERTIMEPMdODSSETPORTHINTHISLffrXWt FORECL06UREMAYPROCMZD A0AINST YOUR HMO II1INmAATELY AND YOUR APPLICATION FOR mmTGAGi3 ASSISTANCE WILL BE DENIM. AW1 CY ACMM -Available Such fur c mWmay mwpp md-t a - wo vary limimd. Thay wDl bo disbmaed by the AMW wader rim ehZ bft cnbna establisbed by the Act. Tim Pamsylvama Hwudug Fmsaoe Agency has sixty (60) days to male a docWma alter itrweivm y=apphcm&m DudQ that time, uof&wl6we APR-05-02 01:06PM PROM-8565241566 6585241568 T-562 P.004/007 F-626 pioooodin>?willbeP? Y??Y?hsvemetdm?mezegna? ealb¢ehabwe. Yonwillbaaotified directly by the PmurAveaia Eou ft Pimauoe Agency of its dwisim an your appficstioo. NOTE: IF YOU ARE CURRIIMYPRMCTED BY nM FU"G OF A PSIITION IN BANMUPTClI, TIM FOLLOWWO PART OF TIM NOTICE 19 FOA DIPOTMATION PDWOSFS ONLY AND MO= NOT BE CANMERED AS AN ATTL&'T TO COLLECT IT-M DMT. (Ef you bave Sed b4v-truprny you sari altll apply for F.mergemT Mmtgage AmdaMnce.) NA7LM OF77MD MAULT TheM=TGAGEdebthddbyftshavehula an your prvporlyLocated91[ mmm D dw UMm osh" PA 17055 3 SERIOUSLY IN DEFAULT bemuea YOUEAVENOTMADBMM4TMYPAYMMMfortbo Ukwmgmomtb mdihcbbm mgamotndaoaaaow past duo: amaroidmatdy 1887.13 hr the maa&g of Ja=wv 1.2002 tlamah March 1.2002 Odier cbstges;12332.92 for Iota cbwm TOTAL AMOUNT PAST DUM 12.89431 ROW TO CURS ==A=-'You may cute gus default wifhiu 7EMTY (90) DAYS oft w receipt of thus Nab= BY PAYING MM TOTAL AMOUNT PAST DUE TOT= LX== WBIM 33 3LBK}1 PLUS ANYb/OMAGEPAYJudilMANDLATECiMMSWI=BECOMBDMDUItMTHETMIY (30) DAY PERIOD. Z IM" mud be made ddw by cash lmlhkta eke& raetified dale m EMU order made nsyabia and arm tot Paul L*d Aacradited Hem Land= 15030 Avemoa of Science Suite 100 SmDiego, CA 92US 1F Tim N AGE L4 P'fR Q= TT_Pr W re lapaty will be add by the Sba i to pay off the mortgage debt. If the lemdw ial year case to its amomeM but you aria the delb upwmy beEue the leader begins legal Pwoeedbags agahud you, you will a0 be required to pry do romembbe amouff/a fm ibd were actually iacomd, up to SM 00. However, if 1*9 pmwodimgs are started agaimt you, you. will hawe to pay all resaaasble A40loaft fees wAWly hw med by iho lender aura If they exceed $50.00. Any sommy'a foes wal be added to ft am== you owe lino lmft. wbiehmay also iaoluda agW ro eonabte coat,. Uy n ee<ra the doMM APR-05-02 01:06PM FRUM-8585241568 6585241568 T-562 P.005/007 F-628 The latdormay oleo sue you peraondly far the unpaid p dodpal balance and ell ot3 er soma due under themortgpge. anragbor 7irnme" under ft mgagIeg Curfug your ddn* In 60 mum set fordL in ddl under Weil restore your n ertpge to the sum pod don m ff yee had never ddatdteL Mum POScruz SRERIWS SAL DA?' -h is eaomnted *9 the stied date that anah a SbesifPa Sale of the rmrigaged property canld be bold would be appsmlmately On mesdu ftm the date of this Notice. A notice of the acaml data ofthe ShoWh Sale will be suit to you bdbre the aala Of ooiaae, the emo mt needed to muethedefhuttwiliiaenessethelongeryoawait Youmayfmdmamtz dm wmdywWtharequiredpayment or action will be by contacting the lender. Nome a Addrou: FatNmnber_ 1& 6_71f}W CoatsdP EFFECT CF YaudhwldreaH fitataSheri@bSole willmdyourowneciMpofthan utgaged ? and ? ocndmu to hvo in the property a&r dre M*Ws Salt. a lawsuit to roman you be1o ukp could be slmted by lido lender at any time. A3512d] UN tai' M You nary or lmq HM WJl crtttnfR, yoorhotae to & buyer ? ttanatitecwlyo willeasumetbernartgagedebyprovidedthualltheontataad?paymoay,ahargeaand aatomey's fees and costs aepaid prior to or at the sale sad drat tho otherregmtemaata of dte mortgage ate atided• YOU MAY ALSO HAVE THE RitHIT: - TO SELL THE PP"ERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MOW FROM ANOTIM LENDING INSTiT MONTO PAY OPF TIM DOW - TO HAVE THIS DEFAULT CUPM BY ANY THIRD PARTY ACTING ONTOUR BEHALF - TO HAVE THE MORTGAGE RESTORI}O TO THE SAME POSMON AS g NO DEFAULT HAD OCCURRED, IF YOU CURB MIE DWAULI. {HOWEVER, YOUDONOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MO= THAN THt;;Bn TDdM IN ANY CAI WAARYE+AR.) - TOASMMT THSNONiOQ6MCl/ OFADEFAULT III ANYFORSCLOSUREPROCEEDINOOR ANY OTEM LAWSUIT INSTITUTED LWM THE MORT"M DOCI bOM. - TO ASMT ANY OTIM T»F YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO MMX PROTECTION UNDER TEE FEDERAL BANKRUPTCY LAW. f'a(?iM?1?1??1•?M_??r7aY.?1?F1??!??(?7311?]V,?.1?4?Jjf.'11,Y???fi''?f. ?? ..? u ,.. ? ?? . •.?? .? APR-05-02 01:OTP16 FR0M-8585241568 8585241588 T-562 P.006/007 F-626 Fab CONSUMER CREDIT COIRRO t. NG AGENCIES SERVING YMR COUNTY, PLEASE SEE TM ATCACt3D LIST. NOTE: Unbaa you notify ibis elks a ain Qh* (30) days alts resettles tbb )tots wee, dilt you Opft thevauftaltbisdebtoranyportionehetYOf.abofficewmaesom eattbadebtlwvdtd.Ifymeo"Ibb offt in writiagwttbio thirty (30) days klm "whft tbb aodm tbie okb» wkl: ob>tabs valfitatim of ibs debtor obtat a eopy of Jadgsaeet and ma0 yon a copy of wtcb 7adgmeat or vw sc gmL Yoa are also a wha tat soy iaformwell wbieh yeses sap* to mis Ufikc Wray ba awed by us la the roemosa of tho debt If yon request Ws OM= to wdtbg within thirty (30) days alter reealMa this. this epics wOt provide you wilt to name sad address of the aftlaa1 ereditbwr. Alt moo we bave requested that yea make payment a provide a valid reason for moactles, mpsYmOt for man have the right to make a wrwm request. withim tbtrty days of y nr raaipt tote b& maitan about the debt Year rlgbb an desalbwd hrdWp hadneiter. SENT VIAREGULAR MAIL AND csR7 = MALLNUhMM 70012510 0008 5228 9749 REIURNRECElFT REQUESTED Enclosure; VaUdati=oMebtNotwe APR-05-02 01:01Pi1 FROM-6585241568 8565241566 T-562 P.007/001 F-626 Validation of Debt Notice Pursuant to the lair Debt Collection Practice Act (PDCPA)(LS MC i69@), a consumer debtor is required to be seat the following aotieea (1) ualaaa the consumer, within thirty (30) days after receipt of this notice. disputes the validity of the debt or any portion thereof, the debt will be asaumed to be valid by the debt collector, (2) if the caoaumer notifiaa the debt collector in writing within the thirty day period that tka debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector& and (3) upon the conaumerla written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. car demand for lmmedho paymemtdaw net elhdwie your right W MWO Sds debtwiSda &W daps of re obtaftbirmsriee. ifysucbeantodsao,wearercgdradlry]atrgcroseovaolleetloseSlleetamta?ret avemaSsd Unt laferai"M to yen. A1Smoaghwa baveregoemdgiatyaa ranks pa}?meatarptovide aid rasaoaLorampeymest,yop affi Imm the rlghtte Edw a confess regneet. wlSmisthlttp depa of year i+ecelpt of tbla mtiea for inure dofarmrSas abosttb deb! You rigbb are dereribed tardw, bachu&w. The 1st office of MOORS, 1t ZBMG AM COTt Tf P.C. is acting as a debt collector. pareasat to the FDCPA. =8 XMCR AWD LW=XR Alta As; ATMWT TD 007.LRCr A MW AM AMY SON OVERM ® W= M Wsmo FOR IMM PtAl M. The Fedezal Trade commission has ruled that The ncpA does not preclude the iustitation of legal action prior to the expiration of the thirty day period. Aedeptaaae of funds and reinatatetent of the mortgage are both subject to verification by my client. Please auto that Y 1my be instructed to proceed with foreclosure and faea, Coate end/or advsneea by the mortgages may be due in addition to the am quoted above. Please further noto that any funds tendered will be subjoet to verifidatloa and eormwtaeov belazz the matter is eeeoluded. Planes feel free to contact this effiae upea receipt of this notice should you have any gssstioae or aoaCerns. Date: April 2, 2902 Terrence J. McCabe, Eequire ledcebe, Nsisberg, a Conowe P.C. Firat Dniam Building 123 South Bread Street suite 2050 Philadelphia, P!+ 29109 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsificationto authorities. o?? ?? n c ?c-,? ll ?(?nrr? ? ? ? IC t? /? 0 cz??. ? ? ;'I ?l ° ° ? a D4> ti ? t 0 -? T? .L W "V C7 -:,, _,, {??- ,,?. 1 ,i ? _ l_ ?' ? Ili .? `ice ?-G I?. :.. SHERIFF'S RETURN - REGULAR CASE NO: 2002-02439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACCREDITED HOME LENDERS INC VS HEINLY CLARENCE H III MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLARENCE H III DEFENDANT the at 1915:00 HOURS, on the 23rd day of May , 2002 at 11 THOMAS DRIVE MECHANICSBURG, PA 17055 CLARENCE HEINLY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this .>,eA day of CL, 200.2- A.D. 7 l a. O. 77t a( Prothonotary So Answers: ? - ,Ie?- R. Thomas Kline 05/28/2002 GREGORY JAVARDIAN By: 400 e-- Deputy heriff ACCREDITED HOME LENDERS, INC. IN THE COURT OF COMMON 15030 AVENUE OF SCIENCE PLEAS OF SUITE 100 CUMBERLAND COUNTY SAN DIEGO, CA 92128, Plaintiff NO. o a 2439 Vs. COMPLAINT IN MORTGAGE CLARENCE HEINLY, III FORECLOSURE 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant ANSWER AND COUNTERCLAIM 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 CLAIMED IN THE COUNTERCLAIMT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP/ PA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PENNSYLVANIA 17018 800-692-7375 ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant ANSWER Admitted. 2. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.0?.-2439 COMPLAINT IN MORTGAGE FORECLOSURE 3. Admitted in part. Although it is admitted that the land in question is known as 11 Thomas Drive, Mechanicsburg, PA 17055, it is denied that such property is subject to any valid mortgage for the reasons stated in the COUNTECLAIM. 4. Admitted. 5. Admitted in part and denied in part for the reasons stated in the COUNTERCLAIM. 6. Neither confirmed nor denied. COUNTERCLAIM 7. The averments of Paragraphs one (1) through Six (6) are incorporated by reference, and made a part hereof. 8. The subject mortgage was not a purchase money mortgage, but was a refinance of Debtor's first mortgage on his principal residence. 9. Plaintiff did not comply with the Requirements of the Truth in Lending Act, TILA, namely, Plaintiff did not afford Defendant the opportunity to receive a copy of the notice of three day right to rescind, as mandated by TILA. 10. For said violation, Defendant is entitled to recission of the note, and recission of the mortgage, reasonable attorney fees and twice the amount of any finance charge. WHEREFORE, Defendant requests that Plaintiff's claim be denied, and that judgment be awarded against Plaintiff in Defendant's favor for recession of the note and the mortgage, Defendant's reasonable attorney fees and twice the amount of any finance charge on the mortgage in question, pursuant to Defendant's COUNTERCLAIM. Defendant requests a jury trial. Vicki Piontek, Esquire Date 1738 E. 3'd Street Williamsport, PA 17701 570-594-2199 ACCREDITED HOME LENDERS, INC. IN THE COURT OF COMMON 15030 AVENUE OF SCIENCE PLEAS OF SUITE 100 CUMBERLAND COUNTY SAN DIEGO, CA 92128, Plaintiff NO. Vs. COMPLAINT IN MORTGAGE CLARENCE HEINLY, III FORECLOSURE 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above captioned matter, and that on the 21" day of June, 2002, she sent by first class U.S. Mail, postage pre-paid, a true and correct copy of the attached ANSWER AND COUNTERCLAIM to the Plaintiff's attorney at the address listed below: Gregory Javardian 1310 Industrial Blvd. 15` Floor, Suite 101 Southhamption, PA 18966 Vicki Piontek, Esquire 1738 E. 3'' Street Williamsport, PA 17701 570-594-2199 6 a a2 Date C7 ? C3^ F•_ `? - - - i a-Z s ri m t? tai =j THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED HOME LENDERS, INC. Plaintiff VS. CLARENCE H. HEINLY, III Defendant Attorney for Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM 7. The averments of paragraphs one (1) through six (6) are incorporated herein by reference as if more fully set forth at length. 8. Admitted. 9. Denied. The averments in paragraph nine (9) constitutes a conclusion of law and no response is required. By way of further reply, Plaintiff provided Defendant with the notice of the three day right to rescind in accordance with the requirements of the Truth in Lending Act. In fact, Defendant signed the Notice of Right to Cancel and acknowledged receipt of said notice. A copy of the signed Notice of Right to Cancel is attached hereto and made a part hereof as Exhibit "A". 10. Denied. The averments in paragraph ten (10) constitute conclusions of law and no response is required. The same are therefore denied. WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant and requests that Defendant's be denied. VARDIAN, ESQ. DATED: July 9, 2002 Exhibit "A" NOTICE OF RIGHT TO CANCEL Loan No.: 0109131722 - Borrower; - Date; September 27_2001 CLARENCB H. HEINLY, III Property Address' 11 THOMAS DRIVE MECHANICSBURG, PA 17055 g into a transaction that will result in a mortgage, fioa, or security int=st on/in F=luchwwofthc TO CANCEL; - ght under federal law to cancel this transaction without cost, your home. You e following events occurs List: within three business'deya from of the transaction which is you received you : or or - 3. the date you received this notice of your disclosures, If you cancel the transaction, the mortgage lien, or security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the mortgage, lien, or security interest on/in your home has been cancelled, and we must return to you any money or-property you Lave given to us or to anyone else in connection with this transaction, You may keep any money or property we have given you until we have done the Things mentioned above, but you must then offer to return the money or property. If it Is impractical or unfair for you to return the proporly, you must offer its reasonable value. You may offer to return the property at your home, or at the location of the Property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation HOW TO CANCEL: If you decide to cancel this transaction, you may do so by notifying us in writing at Name of Creditor. Accredited Home Lenders, Inc., A Califoriiia.$orporatiorl Attn: Funding Department 475 Kilvert Street" SuIt® 300 - ?- Yon may Warwick, RI 02886 Y use any written statement that is signed and dated by you and states your.intenlion to cancel, or you may use this notice dating information about your rightsand . BmnB b O°e copy of this notice because it contains important If you cancel by mail or by telegram, you must send the notice no later than midnight of (or midnight of the third business day following the latest of the three events llstad above.) If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no facer than that time. I WISH TO CANCEL Consumer's Signature Date CLARENCE H. HEINLY, III F - .? u". J=%Slvrvnu 1iEREBY ACKNOWLEDGE, THAT, ON THE DATE ET FORTH H&W, I RECEIVED TWO (2) COPIES (IN ADDITION TO nM COPY) OF THIS NOTfCE 4r RIGHT TO CANCEL, ADVISINO ME OF'MY RIGHT TO CANCEL THE TRANSACITON TO Wfi(CH.gpS NOTICE R$LATEs AND ONE COPY OF THE FBDar+er TRH LENDING DISCLOSURE STRrEMHNT. - Each borrower/owner in this transaction has the right to cancel. The exercise of this right by one borrower/owner shall be effective to all borrowera/ownsts. .ter 9 28 0/ ..` - - - .-Q.?lmer s Signature Date _ -4 : . _ CLARENCE H. HEINLY, III - - ?. CANCna.occ _ AaL 610005 (5/01) __ " ' VERIFICATION The undersigned hereby states that he/she is duly authorized to make this Verification on behalf of Plaintiff, the statements made in the foregoing pleading are true and correct to the best of his/her information, knowledge and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. `?L THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff ACCREDITED HOME LENDERS, INC. Plaintiff VS. CLARENCE H. HEINLY, III Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiff s Answer to Defendant's Counterclaims was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Vicki Piontek, Esquire 1738 E. 3`d Street Williamsport, PA 17701 Attorney for Defendant Dated: July 9, 2002 SWORN TO AND SI?S,?RIBED BEFORE is DAY OF '2002. ?`` ?? ua sU.J Lz-- - -- . k L!_; J izz U 'l ui h • °T Ln d ? U p LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED HOME LENDERS, INC. Plaintiff vs. CLARENCE H. HEINLY, III Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-2439 Civil Term PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT CLARENCE H. HEINLY UUU Plaintiff, by its attorney, Gregory Javardian, Esquire, hereby respectfully moves this Court for Summary Judgment in its favor and against Defendant, Clarence H. Heinly, III. In support of this Motion, Plaintiff submits the accompanying Memorandum of Law, Proposed Order, Affidavit and Exhibits, and hereby avers as follows: 1. On September 28, 2001, Defendant, Clarence Heinly, III, (hereinafter referred to as the "Defendant"), entered into a Mortgage in favor of Plaintiff, Accredited Home Lenders, Inc. A true and correct copy of the Mortgage is attached to Plaintiff's Complaint and is incorporated herein as part of Exhibit "C". 2. The Mortgage is secured by a Note executed by the Defendant on September 28, 2001 in the principal amount of $96,000.00. A true and correct copy of the Note is attached to Plaintiff's Complaint and is incorporated herein as part of Exhibit "C". r 3. The property subject to the mortgage is 11 Thomas Drive, Mechanicsburg, PA 17055. 4. The Defendant is the record owner of the property subject to the mortgage. 5. The Defendant is in default of the Mortgage and Note by failing to make payments when due and owing. Plaintiff's Affidavit, attached hereto and marked as Exhibit "A", demonstrates that the Defendant is in default and the amounts set forth in the Complaint are correct. 6. The Defendant is contractually due for the January 2002 payment. The last payment tendered by the Defendant was credited on January 31, 2002 and applied to the payment due December 2001. A copy of Defendant's account history is attached hereto and marked as Exhibit "B". 7. The payment history corroborates the averments in Plaintiff's Complaint and Plaintiff's affidavit as to the amounts due and owing as a result of the default. 8. The Notice of Intention to Foreclosure and Notice of Homeowners' Emergency Mortgage Assistance was sent to the Defendant on March 1, 2002. A true and correct copy of the Notice is attached to Plaintiff's Complaint and is incorporated herein as part of Exhibit "C". 9. As a result of the default on the mortgage, Plaintiff filed the underlying Complaint in Mortgage Foreclosure on May 17, 2002. (See Plaintiff's Complaint attached hereto and marked as Exhibit "C"). 10. The Defendant filed an Answer and Counterclaim on or about June 21, 2002. A true and correct copy of Defendant's Answer and Counterclaim is attached hereto and marked as Exhibit "D". 11. On July 11, 2002 Plaintiff filed an Answer to Defendant's Counterclaim. A true and correct copy of Plaintiff's Answer to Defendant's Counterclaim is attached hereto and marked as Exhibit "E". 12. Defendant's Answer does not address the material issues as to default and amounts due and owing. 13. General denials by mortgagors concerning the principal and interest owing are considered admissions of those facts. N.Y. Guardian Mortgage CoU2. v. Dietzel, 524 A.2d 951,952 (Pa.Super. 1987); First Wisconsin Trust Co v. Strausser, 653 A.2d 688, 692 (Pa.Super. 1995). 14. The attached payment demonstrates that the last payment tendered by the Defendant was in January 2002. (See Exhibit `B"). 15. The payment history verifies that the mortgage is in default as the Defendant's failed to make payments under the terms of the mortgage and note. (See Exhibit `B"). 16. The Defendant has not come forth with any evidence to refute the averments in Plaintiff's pleadings as to the issues of default and amounts due and owing. 17. Defendant filed a Counterclaim alleging that Plaintiff's mortgage is invalid because according to Defendant Plaintiff failed to comply with the Requirements of the Truth in Lending Act by not providing Defendant • with a copy of the three day right to rescind notice. (See Defendant's Answer and Counterclaim 18- 10 attached hereto as Exhibit "D".) 18. Contrary to Defendant's assertions, Plaintiff did provide Defendant with the three day right to rescind as required by the Truth in Lending Act. (A copy of the Notice of Right to Cancel was attached to Plaintiff's Answer to Defendant's Counterclaim and is incorporated herein as part of Exhibit "E".) 19. The Notice of Right to Cancel was executed by the Defendant and the Defendant acknowledged receiving the Notice of Right to Cancel. (See Exhibit "E".) 20. Accordingly, Defendant's Counterclaim that Plaintiff did not comply with the requirement of the Truth in Lending Act is without merit. 21. Defendant has failed to establish a genuine issue of material fact. 22. Plaintiff has made out a prima facie case for summary judgment: Defendant is the owner of the property at issue, Defendant executed the Note and Mortgage at issue, Plaintiff is the holder of the Mortgage and Note; Defendant is in default of the mortgage and has failed to cure said default, and Plaintiff complied with the notice requirements. 23. Thus, pursuant to Rule 1031.5 et sea. of the Pennsylvania Rules of Civil Procedure, there is no genuine issue as to any material fact and Plaintiff is entitled to Judgment in Foreclosure as a matter of law. r WHEREFORE, Plaintiff respectfully requests that its Motion for Summary Judgment be granted and that Judgment in Mortgage Foreclosure be entered in Plaintiff's favor and against Defendant, Daniel F. Webster and that Defendant's Counterclaim be dismissed with prejudice. Dated: July 22, 2002 li ory LWard* Esquire ID # 556 10Industri oulevard I" Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Exhibit "A" THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 11T FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for Plaintiff (215) 942-9690 Plaintiff vs. CUMBERLAND COUNTY No.: 02-2439 CLARENCE H. HEINLY, III Defendant AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANTS I, Heidi Davis, of full age being duly sworn according to law, depose and say that: 1. I am a Foreclosure Specialist at Accredited Home Lenders, Inc. and have personal knowledge of the facts set forth in this Affidavit. 2. The attached payment history is a true and correct copy of the Defendant's payment history. 3. On September 28, 2001, Defendant, executed a Mortgage and Note in the principal sum of $96,000.00 in favor of Plaintiff. 4. The Defendant is the record owners of the property subject to the Mortgage located at 301 Jefferson Road, Penn Hills, PA 15235. 5. The Defendant tendered a payment in November 2001, however, said payment was returned for insufficient funds 6. The Mortgage and Note are currently contractually due for the January 1, 2002 payment. The last payment on the account was posted on January 31, 2002 and was applied to the December 2001 payment. 7. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency Mortgage Assistance was sent to the Defendant on March 1, 2002. 8. Said Mortgage is now in default as a result of Defendant's failure to make payments pursuant to the terms of the Mortgage and Note and to thereafter cure said default. 9. As of April 30, 2002 in accordance with the filed Complaint, the following amounts are owed on said Mortgage: Principal Balance Interest to 4/30/02 Accum. Late charges NSF Charges BPO Costs Attorney Fee/Costs TOTAL $95,925.41 $ 4,203.86 $ 266.15 $ 20.00 $ 200.00 $ 3.700.00 $104,315.42 10. The per diem rate is $27.88 for each day after May 1, 2002 that the debt remains unpaid plus costs and attorney fees. 11. Defendant has been credited with every payment made by them and received by Plaintiff and/or its assignors. Proper amortization of the principal and interest amounts have been calculated. 12. All interest calculations have been correctly calculated from the date of the default and all accumulated late charges and fees have been properly assessed. 13. owing. Despite demand, Defendant has failed to cure the debt as it is presently due and Sworn to and Subscribed Before me this / I-Aday Of ,2002 Notary blic REGINA A. RIO COMM. S 1257205 L Heidi Davis Foreclosure Specialist Accredited Home Lenders, Inc. SAN DIEGO COUNTY U COMM. EXP. MARCH 18, 2004j Exhibit "B" JUL-15-02 01:OOPM FROM-6565241566 -----• - sNsas? 0 J Q J ? + zi -4 :3 ,a4 9 9 2 m rC? O° Q° O O° O N N r` -a -a a a a° a a a a$ 8 a a ° a o 0 0 s p o g a ?p J s N s s s N N 13 S `s N a a a a a O a 0 a a 3 r- ? p r r r ? ? ? mr no ? m ? A ? ? '< ? Z ?? ?? x m m m m m r? fo' ? m T?? S m c m f7 T T I F T T 0 Pi -0 S m n R m a a? a -v o ea oTi in D m m ? s ? m.„ ra 0 m N N M D 3 m Ta D 3 D m 3 N A O G 2r s P. immn D m m ?n pf w m m a m m ?' fA as YA O' C m m N C N N O N y •- y W m m 0 m m j? m a m m O O O O O O O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O N O O O O O M _ ^NNN] N@ N y? M pN i 40 pp M z. N [1D fA a -4X V 8 p? fJ? 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Exhibit "C" LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 ' (215) 942-9690 Attorney for Plaintiff y i.. ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE, SUITE 100 SAN DIEGO, CA 92128 PLAINTIFF VS. COURT OF COMMON PL.1~AS - CUMBERLAND COUNTY NO. 0A -Qca? (2,- l., ?'77a C CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT - CIVIL. ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1" FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff ACCREDITED HOME LENDERS, INC. COURT OF COMMON PLEAS 15030 AVENUE OF SCIENCE, SUITE 100 CUMBERLAND COUNTY SAN DIEGO, CA 92128 PLAINTIFF VS. NO. CLARENCE H. HEINLY, III COMPLAINT IN 11 THOMAS DRIVE MORTGAGE FORECLOSURE MECHANICSBURG, PA 17055 DEFENDANT(S) CIVIL ACTION MORTGAGE FORECLOSURE 1. Accredited Home Lenders, Inc., (hereinafter referred to as "Plaintiff") is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Clarence H. Heinly, III, Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee. Said Mortgage was dated September 28, 2001 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1737, page 4687. A copy of the Mortgage is attached and made a part hereof as Exhibit 'A'. 2. The Mortgage is secured by Defendant(s) Note dated September 28, 2001 in the amount of $96,000.00 payable to Plaintiff in monthly installments with an interest rate of 10.625% (Variable Rate). 3. The land subject to the mortgage is: 11 Thomas Drive, Mechanicsburg, PA 17055. r 4. The Defendant, Clarence H. Heinly, III is the real owner of the land subject to the mortgage and the Defendants' address is : 11 Thomas Drive, Mechanicsburg, PA 17055. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance $95,925.41 Interest to 4/30/2002 4,203.86 Accumulated Late Charges 266.15 NSF Charges 20.00 BPO Costs 200.00 Attorney Fees/Costs 3,700.00 TOTAL $104,315.42 plus interest from 5/1/2002 at $27.88 per day, costs of suit and attorney fees. 6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and the Notice of Homeowners' Emergency Mortgage Assistance was sent to defendants March 1, 2002. The Defendant(s) have not cured the default. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant(s), in the sum of $104,315.42 together with the interest from 5/1/2002 at $27.88 per day, costs of suit and attorney fees. Law Offices of Gregory Javardian BY: R JAVARDIAN Attorney No. 55669 ! • Prepared By. Rerun To: Accredited home Lendmre, Inc., , A California Co Accredited VWCxWtic Ind., Corporation A Califoz'aij'C0Co 15080 Avenue of?ie StULe 100 San Diego, CA 9212a ?tw Pa-0-INUmber 358: 2038 - [Space Above 17ds Lone For Recordtne Data) MORTGAGE _ D$t NMONS Words used is muldple madons of dds docomem are defined below and ether 3, 11, 13, 18, 20 and 2L Cerbdn roks aegaxdmg [he wage of words used ]ii Z.W& molde6ned7n Sections In section I& dti;<document are I alio provided (A)"SeczetpInstrument" means ddsdoooment:whichisdated . September 28, 2001-- w9edter with an Riders to this document. 03) "Borrower" is cLhyHH,= g 1ionmy, III BOaower Is the mor%nor under this Secuaty limunment - (3?) L"Uter" is - - Aaoredited Home Lenders, inc. Lender is a C:osporation t PENUMVAMA - Single Family- Fennle Mse/Fraddle Mae UNIFORM MSTRUMENT " -WPA) Fees; Faruc i080 trot 9`6441 IN if mask; r- Af. vwra Moapoaa?a.lftlezt•stet AM 324701 (21/00) 9 yY, o:09191,722 ??eaft Commitment No. 2N1221 EXHSTl A •, ALL TEAT CRATA X tract Of land situate in the T - - Spring, County of Cumbarland and State of Penns WUdhip?of 813ver - - described as follows, to wit. Y atria, bounded arZd BEGXNN'iNG at a poet at corner of land now ar'formerly the GrossF y Estate, which post is three hundred twenty-four (324) 'set scuthwa;dly from the right-of-way line of the Pennsylvania Railroad Company, tYxence along the line of said land of the Gross Estate, South 23 degrees Zest, two hundred three (203) feet to a poet; thence along tre line of aim., South 53 degrees, 45 minutes west, one hundred third five J tenths (135.6) feet to an iron pin; thence-.al y and eiglit or formerly of John 1. Rack and Barbara J. Encckk, his wfte,oformcrly or Warren T. Gouge and Grace T. Goual, his wife, North 51_degreee 10 _ minutes (vest, one hundred eighty-two (192) feet to along land of same -an Iron pins thence along and adw Louse and Ethel x_,Goouee, his wife,iNorthh 38 or formerly of Clyde (F -- 1 three hundred eighteen (318) feet to as iron deed 5(F-minutes Salt, land now or pin; thenp? along lia` of formerly of John I. Eack and Barbara J: En-ck, his wife, South 51 degrees 10 minutes East, one hundred sixty-one-(161) feet-to a post, the place of beginning, CONTAnr=G 1.4 acres, neat measured, and improved by a. two-story armi- bungalow dwelling house and other outbuildings, known as 11 ThdRMLj-_ Drive, Mechanicaburg,•pennsylvania, 17055. - the THRR granting and conveying unto the Grantee, him heira and aaa-Tans right of ingress and egress and regress over a2M upS the land road which extends along the northern line of the above-described -or - property, as reserved-in the 'Dead of Warren T. Gound a &d Grace V. 'house - t to John 1. Enck and Barbara J_ Sack, his wife, - BEING THE SAME lot of ground which by Deed dated Deced,8 r 4, 1991 End racc=ded among the Land Records of Cumberland county - Pennsylvania in Record Book K35, Page 1038 was • C60unoconv.eye bf 4 W2 ted -and Martin T. Shealy and Teresa A. Shealy unto the n°rrower herein, hereiin,sai by property being in fee simple. n, maid -- • 0 Ot ganized and 'a naidsting tmder the laws of the state of Ca.iiforaTj?L Lemder ad is 15030 Avenue of Faience, Suite lour as= Diego, CA'r" 92X26 L, a d Note" means the ?a this Security LtsintmeaL - - Promissory note signed by Borrower and dated September 26, 20Q1 The Note states that Borrower owes Lender Ninety Six Thousand and N61100 (U.S. $ 96,000-00 . ) plea interest. Borrower has promised to ?? PaYments and to pay the debt in fuR not later thaw October 1, 2031 this debt m regular periodic - (E) "property" means the Property that is described below under the hcadhrg "Tiaarfer of Rights in the (p)m "Loan" means the debt evidenced by the Note, plus Intrnestan due under the Note, and all sums due under this Seratt Y s Wareg nt charges and law charges (0) "Riders" mean all Riders to this Security Instnrrumemc thInstrument, Plus executed _ Riders ace to be executed by Borrower at ate execrated by Borrower. The following [check box as appliicable): - r-'71 Adjustable PAW Rider gCondomintouaRlder Second Home Rider - Balloon Rkler GVA Rids Planned Unit DevelopmemRider 1-4lranigy Rider Biweekly payment Rider hd od 1hr(s) [spay] Arbitration Rider (ED p"Apcespilica able Law" means all controlling applicable federal, slate' and local sautes, regulations, native. rules and orders (drat have the etlect of hw? as well as all applicable fwal, -appealable judicial opMonL CI) ?« uCanutnualty alt Assodttion Does, Fees, and Assessments" means all dates, fees, assessments and other - imposed an Borrower or the association or similar e¢ganization. Property by a condomhaimzt association, lacmeowaacrs draft or ale Funds Transfer* means any trander of funds. other than a transaction on mataby cheek. Pape' husanmtiaa, which is initiated through eleotrooiC t oxgmzr, or magueft tape so as to order: Instruct, or a botize a arumcid institution to wit or credit an aooOML Such yeas iacluda, but is not limited to, point of sale hansfers, automated teller machine awns, ttanafem hddated by telephone, wim transfers, and automated elew*Whonsc transfew. ? Escrow Rena" means those irons that ace dammed In Section 3. - 06) "Wscellautow Proceeds" means any eomPensadon, setdemcnG award of damages, or proaWs paid, by any thhd party (otha than hwarance to, or destruedual the proceeds Paid wader the od= coda ? of property; Q* condemnation or mYr'ng ofd all or any pan a pmpeccy?: - veyance In lien condition of?the; Property. ?' or ?) ? of. or a?ea'?s as do. the Mid= and/or tia0 Lnart Insurttaft" means insurance ProtecnB 74a dCr agahtmt 911 nonpayment Of. Or-&Eenk On, " wpm PA resent" memos the regulzttg athadnled amount duo for W Prhtdpd and iatetest under the Note, plus (ii) mat. amouma cadet Seehon 3 of this Security IasunmeaL I 1'WPAI Oxon Fwaaetle AM +!4702 (II/001 yrMENCtr 010lil1722 Fenn mass 11o! ! ! (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Seedon 2601 et ssue?) and Its implementing regulation, Regulation X C24 C.F.R. Part 3500). as they mutt bc`ameaded. fro:A time to lime. - or any additional or saocessor ]egis]atloa or regulation that governs the same subject mauar. As Wed In this Security bunumeat. "RFSPA." refers to all requfatements and rc5t kd= that aoe imposed In regard to a ' - 'federally PA d u=tgw loan` even if tho Loan does not qualify as a °tedemlly related mortgage ban- _ (r) "Successor In f nterat of Sorrower" means any party dhar has W= title to the Property. whether or not . that parts has assumed Borrower's obligations udder the PIote. and/or this S&izity ffisirumem, _ - YRANSFER OFRICiRPS INTEM PROPERTY - - - - This Security Instrument secures to Lender: (0 the rep2ymetrt of the L.oaa, and all =mwa% exmnsions and modirkWous of the Note; and (Ii) the pa{ounauee of Borrower's cov and, Security the I t and the Note. For this purpose. Borrower does hereby mtortgage, gram sU4.vey to - of following described property x?ocated In the County Cry pe of Rbcmdlaa 7udcdtOIaQ FnwsruArd:a8on1: -' SEE LEGAL DESCRZ-OTION ATTAC.MM'H$RZM A14D NAM A $ART'I g pwea which currently has the address of li InL%Vz s4(ECM%=C$Bt } [4ty].PemLS]4vanfa 17065. [meal (Troperty Address"): - rzip Codel TOGETBER VA= all OW Improvements tww or hereafter ercued ou the iroperty, and all easements. apparaertanoat, and fixtures now or hereafter a part of the pwpa W. Alt mpfaaements and addldons shall also -pmcovered. , ." by *h Sect That emnent. All of the fereac fag fs :aimed to is thm?lSecurity rastrmpem as the _ 41ft (PA)t? rqw T !re P'a' a't r• Perm x039 trot - MM 394703 (ii/aa) rterttrat, 01091711ir - r NAY-I"Z IWANAN rKVW-QWQWc,,wuo 3OORRMM COVMgArM that Borrower is lawfully seised of du estate hereby conveyed and has tha the the Itht 0o morW encumbrances of zoooL Lgo?and ? avwntsand fto illl defend generallly th a title to the Property for ctalas and demands, subject to any encumbrances of retard, against all cOvcsmts THIS SEC<MR DgTMUMM combines ot?Naxm covenants for nsTional use and norm-uniform Property. route hmhed variations by jaasdtction to constitute a uniforo imtn`'ts• instrument comring real Unit C DPI W?ITS. Bautower and Yen der covenant and agtec`ais &11011= L Payment of Principal. Interest, Escrow Items, prepayment Charges, and Late Charges. PBortower Shall pay when e din pdncipsl of. and interest on, die debt evidenced by the I+rom and any charm: and pnsaRYm to Section 3. late charm due under the Note. Borower shall also M fiords for F?mow Items Payments tae under the Note and this Security L>stvmant shall be made in U.S. Sc?cy. However, it any check or other instrument received by Lender as payment under tho'Rew or this - Y Instrumeat is returned to Leader unpaid, Lander may requite that any or all subsequent payments due under the Note and this Security Instrument be made In one or more of the following forms, as selected by Leader: (a) ash; (b) money carder, (c) certified check, bank check, trey urees check or cakws check, . provided any Stich check Is drawn npoa an institution whose.deposits are tasured by a federal agency. i itratumentaiiq•, or east, , or (d) Mecaon;t Ftutds TMUEW. _ PauM=tt are deemed =Mved by Leader when received at die location j designated odher lacedoo as may. be designated by Lander in atoozdance with rte notice, ? is due Note or at Lender nW retom any payment err partial Payment If the Payment or partial payments arc; losuf8 is az& bL8m? itd'Sectiob 15. Lass current. Leader may accept any payment or partial p al pay t bung due Loan Pn c the in _ without waiver of any rights ha mukr or pmejudice, to its oh a ents i die future, but Lender Is not obligated to apply Stich Payments ents at the titafoseara such saeh payment payments m accepted. p cs h rt If each P eriodic Payment is applied as of its scheduled due date, then, Leader need not pay h4eaesr on aply funite ono- Lea B der may hold Stich oaapplled foods mw1 Borrower makes arrowrr doer not do so within a reasonable period of time. Lmder shall payment afther to abdrg pply tSuch he L. UM or rt%. n theme xo en If not applied Mies. each fiords Will be applied to rite otastaudiing l pzf=W = under - humeTAWF prior to foreclosure. No offset or claim which Bonrowc_ alight have now or in me - - fauae asst Leader shall, the covenants Borrower ? ? payments dos ander the Now and t5ia Security Iaatrumeat Or Peifiuming alimentents Secured by this Set?uityYnstameat. 2. Application of P"mants or Proceeds. Except as otherwise described is this Section 2, &a payments accepted and applied by Leader shall be applied in due following order of pda tty: Ca) hittaest &X under die rare: (b) pncclpd due nnder due Note; (e) amounts due under Section 3..Suth a applied to eWh Periodic, Payment in the order in which it became dam Any remaining amounts shall be IM CbSzM alance of dices ? to say other amounts due tinder this SecudW Inst =M% and dun tp Md tice the prim b If Leader recetveas a Phgrmut Ltom Jac sower for a delingalent Paladin payment which in a c amount lopup any hue Charge due. the dellogO,q payment and the htte chf 8 if more titian ace Periodic Payment is in0'ment° i a er tothe ?'+-?;. Lender any api* !nY psyaiautacei:elved fzlom Betrow m hue repgmeat of the Pe dOCM Paymtemts if, and to the eaMUt drat; each payment can be paid in 4ftKPgltwq ?.s.sara kk'kLC-4L 7 Pcrrt°aos9 l/ot MM asasoa tesi/00h azzimr, 01021" 722 - MAY-10-U& IYi.p/.M I..V.11 VVVYi?1YVY • 0 fall. To the extent that any exc= exists after the payrnettt is applied to the am paymEac of one o or mote PedOa rt?c la' such excess may be applied to wv late ? due. voloit>ary P rents ban e r Y PMnYmt charges and then as described in the Note Any apPLLadaa of payments, inatuanee Proceeds. or M7socptur proceeds w Note SARA not extend or postpone the due date, or change the amount of the Pertifdte p?i? due•uttder the 3. Funds for fterow Yaid Boh>,ower shall pay to Lender on the day Periodic p its die one due under Notes. atoll the Note is paid In !a fits, a sum (tbe "Funds") to prov[de for taxes and al payn%g is and other Items which can suain PW4' over this $*c uigr of atuoun t a aiie: for as lion (or for any and all ice; ce "v • (b) leasehold P?ymmts or ground tears an ate property, it any; (e2.Ptomiams regattnd by bender trader section 5, and. (d) bantance p??. if any. any auras Payable by Bo=wer to Leader in r= of the Payment of lviott a- Ittsaraaae pth m{uhhts in t accordance datewith ?tetnme s Loan, rear nn a uterus are caned "Farrow Ittxns' At tuhghnation or at any -4 j"'s"outs. if a4Y. W ?owod by Barrows. and a ch mss. ?sttoh DueS. Fees, and Borrows ahali promptly fumislh to render an _ fees and assess" in; shall k o an Escrow Item. Shall Pay Trader the Farads for Escrow Items nay of amounts to be paid under tuts? Serum * Bower Iwteeda s waived Both other s obiigaftia to far day or alt Escrow Items. Leader du I?hthda pay- waive Zation. to pay -T a F-WMw Items In any time. Any such w?atver r maygonly be in obli 10 In ft -event -au der 6ull ra'goao im shall pay directl y. when sad where Payablo, Fonds has boa waived by Lender the amounts due for say gserow Tom for{ WhIch ?e?t?t of and, if L=Wler tegthires, shad tlha b Ltra?er trrei is ovideaect ouch - payalCut pttnvidewreotlp u alydl for Pedod as I ruder ntay MDdM Botrowceg obllgaFou t'o make latch. paymmants and to 4 as the phrase ewatea aadbe deemed so be a Covenant and ageoemetu conphted In this Security r'* 1111 " Escrow Items dk cdy, purSyant to a waiver , aid rBor owsrfalls tto?n O .-7f >3-tatto duo is obitga?ed to party Lender may exercise its tights tfrhder Section 9 and Pte' the amomt tine fcr as Eft ow hart, under Section 9 to reM to Leader Pay "arch amount and Borrower stun then bi obligated Items at any time b guy each amount Lande may revo? the waiver as to any or an Escrow - Y it notice gtvpt is thxordanoe whh Sexton IS and, upon gnc?sevorarica, Borrower shall pay to Leader an Funds, and in such amounts, that are then =gated under this SeeBon 3. Lender may. at MY time. colkot and hold Funds In an amount (a) saffieietttZ to Permit Lender to apply the Funds at the time gpectfied ands RSSPA, and (b) not to teeceed rte tequke under RMPA. Lender shalt estimate rho amount of Fonds due an attiotme a t dot can reasunabfe codmates of expentifthats of future, Escrow IMM or oduzwin Irt ion war t data and no Farads ghats be hell in as ittatimdoa whose deposits ate insured by a federal kppneabke iA or tuft (Including Leader. If Lender is an iasttation whose deposits are gd iasrae.d) or is s OM RLoan Bank. Lander s U a" the Fonds to pay the Extow Items no Inter then the specified under escaow account, or ve?g*AEsBogrower for crow rims. ? Leand a ? ? ' We Appllrable Law pema;ts Lewder to utakle such s Unless Pp ? Borrower ft In sc oar the Funds and Law eagt*" t?tt to be a an a t is made ht wr G?g ot?Appitasble paid an the Ftmds. 7 coder shall. net be:equined to pay Baaows any bacrest or e2COhAP wdthw On the Funds Bot:nwer mdi ender can epee In 60 howaVO be pall an the 4 ;s(PA)pseq a a•aeris awr'3.? /? - tum 82470S taa?ael : Ferm"fOSa trot -? ttraaa . aaoeiartsz M1Y-15-02 iU:4bAM MWe-aoaossiooa Funds. Linda than give to Borrower, wihhout charge, an annual a aountimg of the Funds as requhed by RESPA. - If there Is a surplus of Funds held in escrow. as defined under REVA. Lender Shall -W=aat to Borrowe for the chews funds In If there; it shortage of Funds we ishaii ay to accordance with defined under RESPA, Lauder shall notify Borrower as required by RESPA, held escrow. as I an& the amount necessary to make up the and Borrower shall pan to monthly payments. If there It a shortage accordance ? REeA, d 6bhu in no more than 12 notify Borrower as deficiency of Funds held is escrow. as defined tmda RF.SpA, L;enda shalt required by RESPA, and Borrower shAU pay to Lender die ataoimt neeesrarytp maim up the deficiency In accordance with RESPA, but in no more than 12 monody Atymeata. Upon payment ht full of all sums secured by this Security Instrument. Lender shallpromptly refund to Borrower any Funds held by Leader. 4. Charges; Liens. Borrower shall pay all taxes, assessments. chases, f e to at g the tributabl mats on the property , which ,can dm'? pdm* over this Security Ins leasichoid liymrea?or - extent that these hems are Escrow Itema, Borrower ? y them or In th mm-atadavidethin 5?um a if any. To the Borrower: Borrower shall promptly discharge any lien which has priority t unless (a) agrees hh writing to thepayatentof the ha?O° secured IaaLonE5cp Leader, but only so long as Borrower is performing uc t6o s tho u a matmer to defends against enforcement of the lien im. such agreemem; (b) contests the flat In bY. of legal. enforcement of the ]Ion while those ce gs are proeee pend?ding. but which In undrAu h proceedings tue'concluded. proceedings only tmtil-inolL or (c) aacures from the holder of the lien an agreement Security Instrument. If Lender determines that ? to Lender atbo a llaiL g which c ich ca to this priodtyv over this Security t*M+_ . ur, die puny tinab??exett to a iten can attetn r, days of the data on witch that notice Deader Y give Btnaower a notice- idehdfying the Qen-`liUta LO given, Borrower shall satisfy the lieu or take one or a_tbre of the ' actions tat forth above in this Section 4. I ander,may ratulm Borrower to SW a one-rime charge for a real estate tax "Ailcatk sieeviee used by Lender in connection with this Loaa• at tadr IepOrb]g S. Property Ynsmwnce. Borrower aball keep the lmprowmens now . Property insured against Ion by fire, hazards included within the term "et-tended coverage" . and any oa w hazards manuring. but not Nmbed to, cardul taltes and noods. for which Lead ramar.s This insurance shall be maintained is the amounts (including deductible levc and for requires. What Lender requiems pmammt to the preceding sentences can change during the petlods that Lender 7be insurance Boaoards choice, witch shell be chosen by Borrow= CAject to LLender' the Lo two - right shall not be. exercised mneasonawy. B cardaceftn orrow= to pay, in connection with dds Lout, either. (a) a one-time charge Gflood sLcimer require ine may deLmmdnatlon = and working services; or (b) a one-time charge for flood sore determination and Wd'fi alai - - - - aftecc such dot charges each time rennpphrgs or similar changes occur which reasonably might - ?pa s md by Me Fe inati cerdEkadga. Borrower *W Also be zgponshH i- for the payment of any fees _ demttaimdan reaalti ng faom an option lw Boaowea in eoAmectiom wtt6 rite review Of aaYlmbd was ML-6(PA) taoal Wftks_C. A / T77 - _ -I Pye a «,. Reteo ttw9 7l'01 MM 29470a (03/06) 1:DRAt, OSOa1l1723J °• +i NAY-I"Z iuraentt PKUWUaee441809 If Betrower falls to maintain any of de coverages described aboye. Lender may obtain insurance Coverage, ME Leader's option and Borrower's =pc - Leader Is Under no 0 dgt?hi the 13e? such coverage shall cover Lendebligation to ns, purchase protect ohm" r, amo orrowees unt Of r, but might or nLw of partlCular or liability and might P >i or 1rsaa, or the eorteais of thew Property, 98ainst any Fisk. bazard coverage SX*nCwledges that the cost of the Inwamee covereget end ?' 21 Weviously in effect Scooter InSMMO that HotrOwer could lave obtaloed. Any amounts disbu m? eM n 5 shall became additional debt of Borrower secured by this Sommily Instr m?em These -Mumts ' ?hall bqr inwt at Me Note rate fiUm the date of disbursem.nt and shall be payable, with such in tD BOCOwer requesting Payment, r. .t trpoU' notice from Lender A I IASmanCG POlkics required by Leader and renewals of such PO&Im gall be right to disapprove such policies, shall include a standard morsgago car subjectio Lender's ne and shtatl theme Leader 's mortgagee and/or as an additional loss PAM Lender shall have the right to hold tie catiftates• If lmd requires. Borrower shall promptly give to Leader all pow and renewal rcnewat aodCes. If Borrower obtains reaedpts of }lard premiums and any form of insurance coverage, not otherwise rrqulred by-j,eeder, for dMURP m. Or destruction of. the ProperW. such pulley shall include a standard name Leader as mortgagee and/or as an additional loss payee. _ aroma and shall In the roof vLlt of loss. Borrower ste Man give prompt notice to the insuranee cka and bender. Leader may - - - mane P writing. a of Insurance f JOSS if not ta promptly by Borrower. Unless Lender gad Borrower; otherwise mice in applied m restoration Pis. whether or not the underlying lasocaum7was Maked by Leader. shall be Lender's security is not lessened. repair of the Property, If the restoration or repair is eeonundeahly renjible and and restocation period, Len hold such insotanti pry tmtl Tender has had an oPP Y w sportguchderpeupe shall bpvelt e t newt to stui to loea promptly. work has been compkted to Lender's satisfaGton, ? st that such ranee apectl s6aui be Lender may disburse psoaeeds for the rapaim and rrstozatloA In a ahtgie pgrm pwult or in rtaiK?r n a a sctaioeAf Pr mg= patyaheats as the work is COMPIC[c& U31CU an Agreement is p,s interest to be Paid On such Insurance Proceeds, Lender shall not be tG q ked Arr6wer Law wAsitor Mr"IZIgs on each proceeds. Fees for public a4lusters, or other third taacticrtieed to m anq interest be s: rt.tair pay Boorrower by Borrower shall roc be Paid Oat of the insurance proceeds and shall be the sole obligation of Sommer. if the restoradorrOr repair is - no d= SUCIs t economically flcrr$le or Leader's aecorhy would be lessened, dk inarnanoc proceeds ahan he applied to _ Borrower- sSuch ecured insurance rids Seeurity Brsaamea; whether or trot rea h due, with the excess, if cny. Paid to proceeds shall be applied in the order provided for in section 2: If BOtrnwer aIMBIont the Property. Lender may Me, negotiate and scale any available Insurance claim a carrier nd related tanners, UBorrower does not respond within 30 days to a notice from Leader brat tie Insurance begin when GM=eto Cattle a clafta? d In dim I MAY ACK06to sad zeak'twa claim. The 30-4W period wilt begin B notice evert; or if Iender acquit= tie Property Under Section 22 or - Oth ih so is e. B the ssn eves assigns to Lmder (a) Bcnuwees rights to nay josurauOe prgceedp in as amount Unvold rights (ather than die trader are Note c this Security Ins4wudat, and(b s sight to any retttnd of naeamed premiums paid by $a=we un all insoranon policies c&"zfqg the > PuA', Insaft as sech debts are OPPlicable w tits eovaraae of tfre N 030, me insurance Moceeds cWW to ?ax o rr no ten ddue, the Pmpaty err m pax tNnottais tutp itUder the Mi'aPN t°°0W r.s. a of u rwtlE:awit vas . AIM 324767 to3/oe1 xxx"x, oissiairts W17 IO Yi ?. •.•.Mn ??vn ••r....• 6. Occupancy- Borrower shalt aoarpy, establish, and use the prc? as wither 60 dgys after tie execution of this Security Insttu?t end shall continue s Prl+rcipai residence "'IS principal residence for at retest one year after the dare of spy di. ?ropetty as agrees In writing, whit[ consent tdtaR not be umeasonably wGhbeid, Or IMIeM emtleavadngLeadCjrr=S=ce cXW wbIch an beyond Borrower's controL rM Maintenance and Protection of the property; Inspections. Borrower shall not day. damage or fmpatr the Propery, allow due Property to deteriorate, or commit waste erty. p Whether or not Borrower is residing in the p?c•. Boanwer shit malntauh tire property In o ?` to Proprev the Property on the S? from deterforaring or decrreasing in value due to its wndit{on Unless it is d of repair or restoration is not economically feetsIble, Borrower slab p eaarn>aW ut etamaged to avoid further detcd esti _ Pty repair tlrerro , if connection with damage to. or tie tekln ef ?the pr If Intake a eoademnatbn proceeds ike paid in restoring the Properly naryIf Lender has released proceeds for ?or s r each h pu shall be responsiblefor repairing or for I MPRIM and testoratioa in a single payment or. In a sales 03. Leader may disborse proms of progre's`s gyments as tie work is ccmp r fs not or es Obligation on Mccods are not srtffid it M repair or restore the Property, Larder or its agent fbr the cnmpletion of saeTi teparr or restoratio n,= r vsoaable ° make reasonable entries upon and inspection of the ProperW If it has cause. Lender way inspext the interim of ft improvements oil ire_Propetty, Lerida B _ orrower notice e< the time of or prior to soft an shalt give lntelfor faspecdon V=K]nng S? namable CIZM Bornower or Loan Application. Borrower shall be in default If. during the Loan application p?• consent r or any Pis or entities acting at ft direction of Borrower or w l& BoaoweeS knowledge or information or rw? (Wr to TAM fatted to Provide Lender wcateriat iaformadoa}.In oonnexdoa p ith the arc not limited to. mneesafag Botmwcr•s > tAQns include. but - realdenrz- PaneY of the ?3opeVW as Borrowers principal 9. Protection of Lender's Tntcrect in the Property and Rights Ueda fits (41 Boaower fairs to perform the covenants and agreements contained in d& Suety ru ent lb)nent. is - a legal procreding that might significantly aff xt latetest in t ftOpEt7 L°sor ri -b) there is Security LosumMe m (such as a proceeding bankruptcy. m author rights nudes Wes enf0tceD eat of a lien which may 000' Priority over This probate, for nta ant, or t or fotfCiWre, for regulations), or (c) Borrower has absadoneSO=* tlisnvmefat or to enforce laws or tlIeQ semoaable or appropriate to protect Leader's ituenst in the p ? ?W and rights and u far Ts recur y C including Protecting and/or assessing the value of the ights tinder this security has PdoxiW over dds security can fnc ate act Iiatited W. (a) p",A anY ? s dlien appeadox which protect x its inteeait In ?arm b) O01m% and (c) Paying reasonable ano? fees to _ ? sectard position In a bankruptcy VnceedhW Semuring tine Ptopaty facladrs IUSIrUIMQUt, Make gym' CUS$e IMIM+ =010100, or board up doors and windows, daft water am the to budding or other code viclaYaas to dangerow _ =4 ha Ive XAMder MINY 211100 action under dais Seed= 9 T, a ?'mtdoes have to eff-so ? stabam Or tnrder VW dnW or Obligation 0 do SIX oder R Is d& Seaioa P. wed that I.eatdtr inems no IiaitBty for not tskLtg WRY or at aaims amhoriaed c -WPA) man r "es«ee r'IUr-'?+ G?? - AIM asavoe [01/e0l - Farree?itW! 1ro7 RIUMY• 010910172Z VAT-46-U& lv.af l fnwI QWYYVI.... Any this S ddisbursed by Lender under this Section 9 shall becotae iM- bt oOisettaow litan m*rW the seamed of de dlsbur by tand 8hAIE 6lnsaymu, These anmmau shall bear Interest at table, with such interes der t rate mine dale of PaymftL t. upon notice haft Lewder to Sorwer'regrtesdng If this i to mS?es fee the tto is Ott the A mold, Borrower shad comply with an%e ptovlsions of the lease, u in writing, Property, the leasehold and the fee title shall not wage unless Lender 10. Mortgage h4umuce. Lt' Leader required Mortgage Insurance as it ootidittoa of wakio ale Goan, t the Mo hiorgage Dzuraoce coverage to maintain the Mortgage lusuraaee In alter. if, for may reason, required wP ? ?e provided such insurance and by Leader ocases was requ t ed to available from the y wuktiae insurer pay that leC Premiums for Mortgage Insurance, Borrower shall pay C116 am keq :to obtain brain the cost substantially equivalent to the Mortgage trance previously ex Premium ?i d tie colorise to Borrower of the Morwv Insu?tce t, r a eostsubs(ate mo ogru a insurer a? by Leader. V substantially equivalent Mortgage Insurance in etccoverage Is not avallablk from sat alternate awttgrhall continue m paY to Leader the amount of the separately designated paymerm e due wh Borrower insu nee COvetage ceased to be in efface Leader will ac eM use and retain that when thj issuance resern in U;= of Mortgage Imata? Such loss reserve time payments as a tandin 6rddatt[e ? On non.te Loan is ultimately paid in full, and Leader shall not shall be ? AOn to PAY Somd°dk. aotr any OW Lhet that on such toss reserve. Lander can no longer require loss reserve payments If Mo say is n or earnings the damount oand for the period that T requires) Provided by as Insurer Lender selected by agactiverg in be Ceeoomeess Trance If Leader and Lendw requacs separately designated toward the premiums rCFPdiortMe requited to melte segaaraoely d Mottg?e l+r?smoe as a oa of tla Loan and Borrower Shall PLY the Premiums required Wmala toward the premiums fora Iowtance,•Borrower Mortage IdStnanco In or resew, until Leader's requirement for Margg - Insurance ends in effbM to pride a aon-reCuBdable loss between Borrower and Lender accotdane, with any.wtiuat_?greement Law. Netbhag is this Sexdoe 10 affects ]3mafor such otvri'a obligation 10 termination or until tamiostion is required InQWpliimhle Mortgage Last Incur if 8o::owet PAY the rate provided is the Note does aame not ropre lmbm>?s Leader ( agreetroy d Bonentityower that 14 not enot Ito for cermim lanes It may, enter Into t"°"""' evaluate tick sotal tistc on all such Insurance is foioe f pm time- go time Agreements with other patties that share or modify their zl* , and _ may 'arreducokm sm 7.h an and conditions that are Carisfactery the ' a the$eea insurer tt d dw ad= .?!r[s are 990metaftals Theft may rcqtdm l? that the mortgage attu Insurer may have ava+7abte (which may Include fuunnds oo yymmbtaineammna frva mMartgtsgi of fitaft _I entity, or & ,,*suit of these agreements. Leader. any purdtagser of the Note. another iastat r e insurance from Car might bye off Olmt? of any of any the foresoin of Da may wxi+rc (direet?y art ipdiroody) mtour that dettve for d=dug ale mod%tg the mortgage 'a s Payments fbrj&fttWga inwaaree„ In pmya,ge JKMR a of Leader odm a share of ft baskets risk In =claaage for a slate oY an hamt paid to the agreement PnYv&V dua an luatnw, the aaaagenreat Is ofteq termed'?ye ae0,. pd, Pkem agreed m apay ut for zasuranc% IM Any otther Cetus of Me Loazt. Suc.aim borrower ? hzcr=ft >OOe w (a) Any such agrannears WE not 9116 M Be 1"1111mee, and they will trot ealitle Borrower to saw retlmldthe amettmt 4%41(13aI tos.l N" • Iw fe JUM 29470a (01/00) 010a1ar722 Fonu idea von -" MI ,r r? ir.rrnw? ..?rw. rrrrr?.___ Mor ( ( f e Any such aaoe amen the Homnot affect the its Bortvwer has - if any - ?ch respect to the include the right to receive certain disclosures Act of ]998 or any Oilier Ltw{These rights may s to tn? and obtain Cancelladow of the Mortgage Insurance, to ahave the Mortgage Insurance ?? tomatically, and/or to receive a refund of any age >?nsurran" Premtatw that were unearned at the time orsuch cancellation or. termination. assigned to and shall be paid Wider. Proceeds; Forfeiture. All MisrenaeouS pk6ceeds are hey If the Property is damaged, such MisovlaoeouS Proceeds shall be Properly, if the nestntatioa or repair is aeon apps ten adon o repair of the repair Y bible aced I.eader'i s su 'i?& During 2114 opt Period. Leader shall have: the right to hold such ecurity is r,& lessen Leader has had an to . - ch h isoWsnepus P9000003 - own sadsfactJon, Provided that hrsPcct such ?W to ensure the work has reseoratioa in n single disba:gemeat or in a e mpg'. Lender ? p w Iforr the x p is and agreement is made to writing orAp??b le Law progress payments as the Tack Is CoatpleWCC Unless an xoqulras Lewder shall not be required to pay Borrower JnWest to be paid an such MisoeDanepns restoration or any interest or earnings on such Proceeds, p&jeelianedus reftaair it not eoooemiesAliY feasible or Lender's TAY.& be lessened,; die, Proexeds shall be applied to the sums secured by this SecuritInstrument , whether or they duce, with eW Simon any. Paid to Bommw- Such Miscellaneous Ptoeeeds shall be aaned in the order provided for in _ In Me event of a total taking, destruction, or loss in vela of ate AvperRy: the MiscW=Cocs Pmeeeds MY. Paid tau BBoa ewer rimes aerated by ([tit Secmi?y Instrrunen% wtraher or not urea due.;wtth the excess, if In the event of a partial taking, destruction. or loss im vahte of the value of the Property lmmedfately before the pu?a1 Fropetty in which the fair mad= tlraa du etuoant of the tattms seemed b this takh;g. desruedon. or loss in value is jequtal w or greater destruction. or loss in value. mtless Borrower and °1e°t bntaedtetely before ' pa?aai , Sa:mhy Instrument shell be reduced aCree In wtitins. the at8na segued by the amount die sums s=ured b anaous Paoceed: - fo?'+oS fraedow (a) the total amount of Or JOSS in valme divided by (b) the tsar WS&Ct value of the Pwp=V by the destruction. Or loss in value- Any A1ny balance shall be paid to Burrower. partial tarring. k a" ? value of the Property iaaazmtedt?8, done *6 n, or loan in valoe of the Propeay in wbireh ft fflr market perdai amount of the Suess secured Immediately el before the parud ?0?• destrn , ziEl r toss in 1 VaU6 is ?tban the Boaower and Lem Othw vfse agree in mift& the i dCS4 ftxwds ha on be r - an ups secured by this Secmigr lnstnweatWhedta the t was s ha to the stuns If tha Property Is abandoned by Borrower. or if, after nodee by Leader to ?orrowetI that the Opposing Pare' (as damned in the nest atmteuoe) olLexs to make an award to to respond settle a obtm For damages. B4r=wcr foil as Lender w ithtm SO ?y? after the date the notice: is emr4 Lender js authorseed to ivlket and - Proexeds eltlrei to testotation or repair of the vro whe'her or not then &%^- pirty or to the Saint this Fad' ? o secured ower us Proceeds Or the party a ohm whom Burrower?has ? ale &W Phxacft tight of aetloa m regard to Iosoemneous Burrower xhan "a 3ad8t. a bald resde&Adt ult m fa feany actfun, For rr8• wheCres aZvfl ar*aimtoak the In - in tba Proper(, or clghta ®der dris provided fi in k Seede C; tyr yc 'd c =J='M amend. If - ruling duu, in s was 19. 67earring the aaloa or-rnoeedittg b bb di>tNued with a J C precludes foddmaa of the Properq. or,.ot8ier matgdaf ha hmwi a (?-e(Plytuaog ras•towre u,rer`kti-'?-?`.' ` -s arm 29avx0 (x/00) Form can 1101 ZZE nTi os0929=722 a 0 f Lender's httereat n the property or rights under dtis Security IaaavmenL The proceeds O f; ny awafd Ord 8)Ia and°a laga ? table to the impa)rmeM of Lender's interest in -6e property are barpy ? to Lendgr. and shall be ettiBnM All peons proceeds in the order provides for is Seaion 2 that arts not applied to rgtoradan or repafrW the prop, ehatlbe applied LZ. 130nv ner Not Released; Forbe2rance By Lender Not a Wager. Extrnsion payment or modiBgtioa of amortization of the Sums secured by this of the time for Sexwrfty Inrmumeati 0o Borrower or any Successor in Interest of Borrower sban not operate 0o release Slf? gprm? an Successors: in west of Borrower. Loader, theItab S4aII not be required b oprnme=e of the Sams B=Mvd b Barrowm or fO to extend time for payment or otherwise as' t any any Suoceasors ]n numeut by reason of any demand made 5y the am corn lnteladrst$. whbout limf0Oc6 ILOder'a acceptaynceeofearance ender o pa bs I' M third is exq S, a? t or vier An& t,. from tftind persons., d44 su°ccessota in _ Iatarsc of Borrower or in smoutsb ksa than the pa aceeoise of any right or remedy, amount then due, shall not be• a waiver of or pricinde the IS. Joint and Seveobligations obligations in agree* thacBorrower'a ob Cosigners) SuccessM abd AmIgas'ko ndllabMW-9Mllb trad. Borrower co?oeoartrs wad e}olntandaevera`I: ?nw ever. eaafgttS this Security Instrument but does not erect" the Noce (a "co-in IVw_ y der wbo Iasnvmau only to morrgaBG groat and eon the cosigner's iaoerco-is mc?) ( as8 this S=uigr S Ia"s1 hWAt; .-t P-H IS ?v i? - aafto dre teems of this (cl strew that Lender and to Poi' Zoe suiat Ma d by: S accommodations with 'odder Borrower can agree n atodify, foriiear or make ? eanseat regard to the terms of this Secuci y Fnsavment? Fjooa Without the aosiguer's dOnSct to the Hof SCCtlQu 18. t any Sncoessar In Inteseac of Borrower who assumes orrowces Bo ona es ?r1glus ? writUtg. and is approved by ?dCr thaft obtain all of beactim Borrower's bI and &bMW unde this under this Seemit frustru en Sarroairr sFRn not :be released from & The acv and agteemeats of [Eris S Y n+sment tmkss Lender agn m! to suck release ht - 20) and btwa t the arcoessars and aedgns of Lander..' Iasaumesu Won bind (ezoapt as provided is See don ls. Loan t3raeges Leader may cta$e Borrower fees for services PerTaamed in cona?_rlo fees. In Bono?'s "mk lot the purpose of pmeec fug Le ndees Est in the h?i?hh?ts ' 4 InClod ing .but not Iintimd tfl, amarneya• Ines, property don and valaad_-u . In resard to any other fees, the absence of express avthodty in this Sector am CxPVC&dY wet abaft not be Consumed as a Prohibition an the charging of sucSfee'j des a ? fee t Prohibited by Ibis 9ecnriq. Lrateaeaetu or Ayy L aw not charge fees is suidect that dig dirf Lo or other j to & law which sets maximum 1oaa.cfiaMCS, and dial Jew is finnany hnerprew Perndard limlm, thee: (n) any such loan collected s or b, be colieeted in eooneedoti no with the Lam omeed the reduced m due pertnitxd ? and (b) any $us a6t ady eolleew fimm tile amount q jr the NOW to• ehage will s or byddeader may choose to make this reftmd by redueiag the PrU&dptd aced under a Payment to Sonower, iF a remmd tedwea, peovided for ? e ?t hoar any FV%TAM ? (whether or?goet a' tlte: praymeut tt will be wr>II tlhmeawaiverofa acapn Of guy such xCaU14 made bydiractpt matcttoottaarcrr - bave ad&g C& of sock o Ye•- ®o-WPA) toeaq ?.S:tt.tr. wawrLa. 14z= MM 3847MI (a%/as) Nun itoas 1101 a?:• asesr,sZm- iNT-lo-uc IUMGUAM rKW-4000941 ooo IS. Notices. AIL notices given by Borrower or Lender in connection wbh tbb seeudol Instrument trust be in been given go Botrower en . Any notice h B?? In connection with this Seeotily Insri?oment shall bg deemed to have ° ed by first class mail or when orrower's notice _ address if sent by other means. Notice to any one Borrower shall constitute notice to all llorrowea unless Applicable requh= otherwise. The notice address shall be du Piopc* Address milsss Borrower has desisuate substiftift Lender of Bonowees ebaa a of ?? address by nom to Lender. Baroque shtdlL pmenpRy notify only rqport a change address If I ° procedure for epanng Borrbwer's change of address. d= Borrower shall MdY•Me designated notice addrretis Mmder this SeCO?t of ? tent at t any y o e tiro jtmy e? o grd may an be gm= by delivering it or by ?S It by first class mesh =all t m ant at Lenders a address ant xess sm y notice to ?.eader shalt has ed heran unless Linder dasignarea another address by notice to Borrower; Any notice in eonnectiaa whh this Seemity Instrument shall not be deemed w have been given to Lender undl aetoslly received by Len&r. If arty Tiotice ,haired by this SeeutiW Iasaumeat is also requhed larder gPPIIeable Lawt the Apjtlia6Te Law regnirdsnent will satisfy I6. o requirement order this Seem* Instrument. verniog Law; Saverability; Mules of Construction, Ibis SeCUri Itatrument hall be,zovern ed by federal taw and the law of the jurisdiction in which the property Is bcatr?Ali APpUcable Law Security l b 1otnment ate subject to any requIrEme6ts and Iimbatiouss of an7 bnt such sdeace than not 6eotn? as a proallow d= parties hibition against a °? ee by eoatraet or It mA?tabe - Law. provision or a ts„M of this erg a> t by eenarect In tttl?e? event that any t affect ?o provisions SewAW Insaument or the Note conflicts wide p pplicabla L tw• mch coritlict Emu of this no Security 7nsnvmeac or the Note which can b¢ given ea wr?iront the PrOVOTOM As used In this Security Inthmment: W words of the masculine, gender shall mean and icelode caner words or words of the feminine gender. (b) words W the an a eththe p and vice vewa; and (e) the word •rnay gives sole eiise tetign wiib 6ftW* sing fitean and b to tali 27. Borroweras Copy. Borrower shall be given one copy of the Note and of tTits S 15. TSrausfer of the ProperV or a Beneficial Interest In Borrower. As used fnl this L18, "LUWest in the property" means ?y legal or beaeHeW interest io tauPrope?r those benefidol Intetesa t4rasf?sd in a bond for deed, oonttaet for • but noLr d to, inch agrumexrt, the Intent of which is the h2nSferof We deed. itgtalhnent sales c{Tnttaac or escrow _ If nit e any part of the pro by Borrower at & future data lei a pa chaier• not it natural pecomt and a benefieialWIIn?t in Borrower sold or is sold of ESba ned doe if riot wrlu n bvinsfarroo Lan consent. Lender may require Immediate Payment In full of all sums smactund des SecnICY??nvmgtG However. this option stall not be exercised by Leader If such emcerdse fs Applrlable law. If Lander excachas this option, Lender stall give Besaower df aoCederatlon. The notice shall not rw6fch Borrower meta the date the notice is given, in with ?axion IS - - sams prior' to the expiration ofparWisawnperiod. seemed ds this Security nt. If'osoaer toffy has may arrox any y rnem nx>ij permitted by Ina seewity IasTroatexit without tmrQier notice or demand an Borrower. ? - 19. Borroweez R ?}.{?,t to Relnstahe After Acceltrattoa. If Borrower meets oertala conditions. BouOwer shall have the at to have enforcement of aft Security Insnumart ? to die earliest ot (6 acrd Salo of the pmsvaot to ao r lur any a p? _ or (c) entry of this sSecu ity kisa?t. Tsecad hose of ate th? Wpr Lmdx all sass which. then would be doe en6er this Sacral and Now as V aotxlaatlm had ocearred; (b) yes any default of my ocher Pagreemmg; Q* pays _ an 4IMt;C.1 M, Wp? aO00Ot R.s.ra.tts tnatum ?rarat$asa trot . sawaz nos/cot aannI f, osoasasru i r MI-IY-Y4 ?Y.1Yf1N1 lnvn rrrr??.rr '"penes Ineartrd in enforc ug this Security Instrument, Including, bat noCtmftea lo, tc . fins' property Mdern I'M S d other Ilea Incur=1 for do PMVW0 Of p j Lender's - interest In the Ptaperty and rights reasonably require to assure that Lendda Interest in die ?Peoparty ? ° (40 Ulm Such ac don as Lead er aa? and Borrower's obligation to PaY the Sums secured b this mad rf tru nadrr this ???? Leader may oquht that B Pay such u by Security penes in shalt continue unchanged, foams, as'I'ld hY L ethder. (y cask, (b) (b) m ioncyoney order; der. (c) ecua cxrtilEemadd expenses to otk er Moro of the following check. > chaff traeauax's check or ? cashier's check. Provided any such Check is drawn upon an iasthodGu whose deSZsfts are insured by a fedora! agency, rIttstrum •,e,..,, entalfty or and ratty (4) M=trC k Funds Transfer, Upon rehn&temcet B obItadons seccmad hereby shall remain f by om?wer. dds eccZhrred. however, this right to re>zastate shell not idly etYoctive as if no aecetaation had 20. Sale or Note; apply in die cast of a Sect jr 1= Note (together with this a Of Loan Serviers. Notke of Grtevancm. The Note or a partial huerest in the Security A sale (t might ogether result is a change in die i) can be Sold one or more: tiaras Witham prior notice to konvwer. entity pmown as the OLOan Srxviao that Collects Payments tine under tee Note and this Security Instrument and petforros other rn Periodii wader tho Note. thfs Security rnsavment, and Applicable Law. There also loan servicing Obligations the Lama Servi er m? to & sale of the Notes. rf theca is a change al o L?oat?Semeeo g will o - Of &a given written notice of the change which win slue the name and addma of the new Loan Servicer, the address to which Ps4ymems should be made and mY otter Inforaradoa RESPA Mptha in cdime on with a notice of transfer of Servicing, Lf the Nofe b sold mad theraaltw the Loan is th+ the PurChaser of the Note, the mcr?age loan sere d by a r tail Setvlar other LOW S for be transferred to a successor Loan S ?kxr an not added r will rjoOtr with the mdess provided by the Note putehaser. assuared by the 6Tote phasdlaser Neither Borrower nor Leader may commence, join, or be joined to any - huRvidua t rt the ? ec y the other party's acdonss pmt to ? Security either an - '="a'eat or that this Security lnstrvmmt, until such Borrows or Leader bas nodded e Proves 04 or party Mduty owed by-"reasah of. Compliance with the mquhements of Section M) of Such alleged brea h ? Mxded the ? ? a Peri which od bk periodmusafter the clapse before giving off an h notice 10 take eoaective anion. If AppUgyk Law provides a time IM for Purposes CO CMdQn 5 22O we b. The nod= Of i can be Uken, that Lim pedod and to ? d` ed a he taamna6le ? nerd and notice of acceleration given so B=ower ptuwaac C6 Sese6on 18 ? Pursuant - oPPm'tnaky to take coaacdve aedod provisions of this SecdSn 20, eexned to 2L Mhzardous u sic ?UW is this Section 21: (a) "hazardous Substimeme art dwze ,- following sdefl ed a . POUMULts. of wastes by Environmental Ldw and the sasana. Meru other MMmable or bade peMACMM PFoduar. m7IC Pesdddts and " +ottmartal LW mean fedaral laws and laws of the jueisdictinn wt? thePr- to heddr. sarecy or co l p?baP (C) ?ro:tahmral operty rare rkxated that ely se ceonca _ _ rstinedhl aCIIM or removal sedan. as defined In Bavkattmeawl law., CIMIWQP' ?a . and (dD means a Condition *Kean erne, contribute CO. or olherwiso [rigger am Envlrounlibtai Cleanup. 41ft4ipNseoe3 page .adie JUM 3947" tea•/ooi PorMno3v vol • osost)igaf- - MAY-1"Z 10:40AM FROM"6bUbZ41bbU cause Borrower diall not Substances. or threaten rre[esse nor allow anyone else to do. attar law. (b) which crates an Bovicp: Ha Hazard6us Sub. oe, otca s a ea n-_' apply to the Pl ous uSubscm :mental Oond of any Hasa acs Substance nunenud or Ous Substance In scco:dunee the ditton that advi MCUCO, Mixed to be tt d to, haZi116C' lender written 6565Z41bbb 0 Incees... an or to d c() whkh,'due t atfecn the value e on the propat ate to normal real nano in consur or ?rme? LmEDU aw owbich private ap n, Including but not umfted Borrower m.?ay yp g?d us SUbsIonce, and (c) any conditioq eaose 6 t; ? adverselyanthO[j(y?? the valve of the PnopaW. IC Bo eetasL the pr n - my Pate Early, disc any maim ICI Envit:pnmmtaL Law. KOE erein er shall pmm[ ?g herein ehaII arate•at AVEN ANN. Borrower and Leader funber covenam Remedies- Lender slab glye notice to Borrowef'pt To as or a¢rnemeat In Eris Me T-OTO P.016/u21 t--UYU or'release Of SPY UgZatdous 1sitOn of° ?nm maal' any , or of a _ T?sopaw. The A07' _two l osei quantities to meaTenanee of ' dw=Pd.'fawsuit or ._ErOPOtRy and any eev use or teleaso of a Learns, or tt'? ng_odacd by Cher XPED, tit of any o all ae remedial Rraoa, oa I t nder for an or, among other W file defatd(b) the r rrovfdes.Vd,.d o to em ire kshat motif j? Blio?rr nwe°r must bere Ude SCI b a"'s tP t? Otilur* to core the defantt as sp ddauft (e) b.Ilea , Borrower may adeeie t to default same saotored b ribs S . ?'4dosum by jadte ecSial 7 result in of the Lender shall thetler itfform of the right P and rate of thk Property. rower. m the fotsclosetre retoahte after aeeetera and toe ry.It to assert red=m aeeeleryttlon and f °d au other dn? of l?ibrroveer to he care as immedFace payment eR unrW 0€ all st=S secured by this S sP L6 der at its option may regnEre m+V for'erlose ed In i nem by ludiwl roe« ?Iaa??,e?dmt wlWoat further demand and exPeum in P the resnedies provided in tt. Section ? al be entitled to eoa. ell arm 23. Pdt2- and pasts of ev[dettce to the extent permitted by Appi?icable ', bit not lIn[ted to, Upon and the estate o oC all rums Sparred by this Sewtfty last<yment. this Se cad r satisfy chit Sur y snnmeat and become voyid After such oacaIn?emn x Leader shalt WTnsanment Scaurvier, shall fo charg'of the r neleaslr t Sewumen4ponly it flte fee is third f"? ? g? ? paid to Pte' or sesvbes rendcW and the °f fee is yenaiged voder scathe Law 24 aws aiv era Baaotver to the exs and roldates acrects X11 gs to, S ant PermUold by Applicable Law. waives t error or ftftwa Providing o r stay of r this ccwW end hereb, T an fame l trod a acecation. extenslot' of dme, ex n ? ent. ?d 2S. aftitchm alld Sate, P t I"Ommeac o f Hio at s time m adnstate provided in Simiodi9 shall. e6us" o one lour _ S L -to ardtasa Aftbay lforte . If pay ! thb debt r secured sale ?[ a Ibis Secudw Tmrr.r. ant eogalra tide to the Pmpabr, rbia SeemsOf. . Iasac slaIl be a ? Qff? 'is 1mt m 27antaxed on dip-Non o Raft r auction $gga ?t the f inerest p? ntoa m rW&T4&= Is the Note, 6a fwl&tk a shall be Ile rate p LW*'0m time r4.llne trade AM asaela <aa/OO) Forto. rear 7/01 • ?'?? 01al1l17a2 - % - . . a MAY-16-U2 IU.4UAM FROM-UbVb241bbtl aooac+ioca &-gig r.ui i. u? r-uw BY SIGMM BELOW. B=CWer atseprs and agrees to ft tm= and roveasnta eoata5ned iu this Seearfry ><ntlrM" ld hr aay Rfder=WWAd by BC=Wer sad iecrded W16 is Wifaayses W ti"S' ; CF.ABSDYf'.E H. »It 1I. III. (Seal) -Barowar _ -BON'OMCi S?wcr -Harower r , s -Borrowcr ?? _ • •8nrsov`er (Seal) 41orrower Ba *"= 40%-a(PA) omm pa" rs.r re a? SSATIs tos/oo1 Form am trot i M1-IY •. i Certli"rcate of Residence the eaunct address of the whNn-canted Mortgagee is . do hereby ceNfy that 3-S030 Avenue of Scicuce, ik100, San Diego, Ca 92128- t' Witness my hand this 28th day of September -- 1001 ?m?lAern??l?ra1-, - P-gem oLmontmee ttYS2LYA'iU)L, CJkjLTHtdI?7?- Coumt,Yam - - - On this, the day of unders4ped officer. ymomt[y appeared strr107ieM b?C.? QO I , before me, the c)jlgwljclc 14. Aiwl y , -rr 1 Y ptova* to be dte known t0 me (or ?> whose for the pisfare w co to to the Tmew and ? drat he•Js)tdtttey execuoed the name for the proposes herel. ein tbntaiaad. within initn Il 47MISS WI=MF. I herein w set my hand and offieiai seaL -' MY C*madsd=svu= -qPN POW MM 3!4716 (Woo) =CO=s lanaery a. 2003 Pa" is of to 019SLO1722 Born seas Im a MI IY YL IY•1V,.YI II.V.1 YYYV?II YVV •• ARBITRATION RIDER THIS ARBITRATION RIDER is made this 28th day of September is incorporated into and shall be deemed to amend and supplement s or Seca the mortgage, Deed d _Z (the the city Deed (the Security Instrument") of the same date ate given by the undersigned ed ( "Borrower? to secure Borrowers Note orAdJustable Rate Note (the &Note-) to Aoeredlted Mme Lemde? u, ?sic., A Ca Lfornia CcrporatjM (together with its successors and assigns, the 'Lender-), of the same date and covering the Property described In the Security instrument and located at - 11.THOM%S D=VS, t+IF:CB> =CGMWG, Pennsylvania 17055 iPmpaty Addreapi Lender or resmerrt to Arbltrate. BY signing this Arbitration RId9L you "a thot either you may request that any claim, dispute, or controversy (whether based' upon contract; Wirt, Intentional or otherwise: Constitution; statute: common law; or equity, and whetfier pre- - - existing, present or future), including initial claims, awnter-clahns, and third-pany,dalms; adoring from or relating to the Note or the security instrument or the relationships which towit foam the Note or the Seeurgy Instrument including the validity or enforceability of this Arbitration Rider. elect any par he a Note or the Security Instrument (a 'Claim-), shall be resolved, upon the you or us, by Unding artihation pursuant to this Arbiration Rider and-the appllcable rules or procedures of the arbRration admintstrator selected at the time the Clatm is filed The Party Initiating the arbitration proc:eedinQ shall have the right to select one of the following three arbitration adminlstratnrs: the National Arbitration Forum CNAF-), the American Arbitration Association CAAA7 or ,1AMS/Endlspute C,IAMs-). The arbitrator Shall be a lawyer with more than ten years experience or a retired or fonner Judge. The arbttrator shail•be lndepandenTand/or unrelated to you or Lender. The rules and forts of the NAF. AAA, and JAMS may be obtained by wring to or calling these organizations at the addresses and/or telephone numbers fisted below. K Location of Arbitratiom. Arry participatory headr?;l thdt you attend will take place, in the city nearest to your residence where a federal district court Is located or at such other - location as agreed by the partles. C. Costa of Arbitration. If Lender files a Claim, Lander shall pay all filing dolts. If -- you file a Claim, the ilarrg costs shallbe paid as follows: (a) Lender agrees to pay for de Initial cost of the Ong the Claim up to the maximum amount of $1100.00; (b) for the filing rya over i amount charged bythe 400Ati. such additional cost shall be divided equally between you and the Lender up to the arblira[on admtntsuvIorfor a Claim equal to Tour Ivan amount and (c) all Costs ~ the amount charged by the arbitration adminishator for a CMIrn equal to your ban amount shad y.betw be aid and tl t ecidcrostFt fufor one lug day of atbitniMon Readnt1pps'*A be shared ymL requesting party. You and the Lender shall each bear si expanseexceed of f their day rrspe vcti be ve a path tto by meyr t; - 2 UM 004761 r9/091 mmmtr, 0105191722 C.N. 4m Pale 1 ors 5 Nf1I IY-Y• IY.11/IIII .?•-w? w.V wwl1 YVV .. fees. except as otherwise provided by law. If a statute gives you the ftMlo recover these fees, or the fees paid to the arbitration administrator, these statutory rights shat[ apply In the arbitration notwithstanding anything to the contrary contained herein. If the arbiE atof Issues an award in the Lender's favor, you will not be required to reimburse the Lander for en,Zv foss the Len-der has previously paid to the arbitration administrator orforwhtoh the Landef is responsibie. D. Applicable Law; Judgment. This Arbitration Rider is made :pursuant to a transaction Involving interstate eommeme, and shall be governed by the Federal Arbitration Act, 8 U.S.C. Sections 1-16 (the 'FAAJ. The arbitrator shall apply applicable substantive law consistent with the FAA. Including laws concerning reception, rejection, and consideration of evkMr.oe, and shall shall not id subj? t appeal reasoned findings of fact and ooncluslbns of Taw.' The artiitrator s award except as permitted by the FAA. The parties agree that the award shall be kept confidential. Judgement upon the award may be entered in any eourrhaving jurlsdtction• Ali statutes of limitations that would otherwise be apelioable shall apply to any arbitration proceedings. E. Powers of Arbitrator. The arbitrator shall be empowered to impose sanctions and to take such actions as the arbitrator deems necessary to the same extent as could be imposed by a judge pursuant to the Federal Rules of Civil Procedure, F. Additional Terms. This Arbitration Rider shall survive repayment of your loan. If any portion of this Arbitration Rider is deemed invalid or unenfamedble under any law or-,statute consistent with the FAA, Itshall not Invalidate the remaining portions bf fps Arbitmtlbn Rider. In the event of a conflict or Inconsistency between the rules and procedures of the arltration administrator and this Arbitration Rider, this Arbitration Rider shall govern. No class action or joinder or consolidation of any Claim with the claim of any other person are pennated In arbltration'without the written consent of you and the Lender. .7. _. G. Claims Not Subject to Arbitration. No provision 'of, nor the axer.Wsu: of any ' rights under this Arbitration Rider shall limit the right of any party ifurinp the pendency of any Claim, to seek and use ancillary or preliminary remedies, judicial or othei7w se, for the pu??wossa of rea0zing upon, preserving, protecting or foreclosing upon any property Involved in any ?ahtt or sut>Jea to the loan documents. The use of the courts shall not constitute-a waiver of the right of any party, Including the plaintiff. to submit any Claim to arbitration. nor'&nder inappiieable the - compulsory arbitration provisions contained in this Arbitration Rider. THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT Tb LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, 13UT WILL NOT HAVE TWAT RIGHT IF u EITHER PARTY ELECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAPJE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION sY EITHER PARTY You may contact, obtain the arbitration rules of, or file a Claim with NAF, AAA, or JAMS as follows: National Arbitration Forum American Arbitration AssoelalLon P.O. Box 60191 1150 Connecticut Ave., NW 6 FI Minneapolis, 4 MN 65405 Washington, D.C. 20036.4104 (800) 925.0155 mmmudrAm Code of Pftmomdure. A rb omfzrrles of Consumer Related Disputes CCU&= $10,000). CComrnerot Arbl won Rules (all other claims). 700 111?SLEnd1$pNW Sufte-i5o Washington, D.C. 20001 (800) 352287 _ =Madrgam Finanolal Services A931tratlon Rules and Procedures_ Alm 001702 (5/00) zczwr, 0105301722 •- - ?- C•)4 rX 1'age2of3 ?? IO YL IY.11IN11 11\Vpl VV VVYl1Y • BY SIGNING BELOW, Borrower accepts and agrees to the terms and Covenants contained In this Arbitration Rider. Dave Ek=T"` -?.- w craxznres H. HEn&T, rxx Borrower _Date Borrawer Date Borrower _ Due - a Boaov= Date Borrower - .Dale - - Bumawer Date Boa e?" _ Dste MM 004703 $/oo) RUMMY, -uazaans - - - Pap J CF 3 r AI'R'YY-YL YI •YYf lfl 11\V•1 YYVVY?IYVV .. March la 2002 Clare= F-16-ftle-y 11 ThOmas Drive MeoBa buQrg, PA 1705S ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE no H-0-AdHOIRMS TGAGE AMI"(S to i,e i? Tlvs N_._,,, at,,,?oe?e cplg? h? tle paos wn?rs_ This Notice codas knpotonnt ]egal o?. If yon have ? gneadoa?s, tev!es at the Gaasamur ?_ ??S ?y ?Y be able to help mcplaia #. Y? aiay also wsac to comact as sttamnay is your ML The local bar assedmdm=my be able to bdp you fmd a lawyer. LA NOTRICAC10 IN ADMNTO ES DR SUVA D&VRTAWCL44 MAP=A9UnERECHOA CONTJNUAR V1V1 D=1W W CASTS. S1 NO COQ EL Co4TENmo M ESTA NOTocAQON OS;TB1 a& DNA TRADucaON ATAIGWM LLAMANDA EM AGII4MA 099018YLVA'N1&EBOUSJNGPRUNCE AGENCY) SIN CARGOS ALMMOUNCICKADO A=M& PMESSEREMOM PARAUNIRESTAMOPCHLELPB,o LLAMADO "BDDLMOWNPB'S iCYUCRTGAGEASSMZANG'SPPOCiF" 13L CUALPUBDE SALVAR SUC RADkLAIP ADMDBREMOARBDIIV gUr4POM& HO S NAMEM. riwrzeei z AJJL : ILMMMMILE arch a t+mv PA I M55 LOANACCOUNTNEMMIM d18? n® O1uGnCALLWW81z e - ?omcLmam AP"5-9Z UI:ubrm hKW-6060441ooc YUw&+.... CURRENT LENDERIMVICMU Accredited Flmw Lmeers F101 . WNEZ'S FAGMG hiCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE EIIC?LE POR NlNAXWL ASSISTANM -WfflCH CAN SAVE YOUR HOW `ROM FO RECLASURE AND HELP YOU MAKE UM M MORTGAGE PAYA0:1Qn. IF YOU COMPLY WITH THE PROVIMONS OF THE ECUWWNBR'S EldERfiMNCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACP), YOU MAY BE ELIGIBLE FOR ICY 1WRT43AGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF 13ENG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IFYOUMEBT OTffi?R S HUABLISIIEDBYTEEPEIi+isYLVANIA HOUSING FINANCE A(MNCY. eecWKyto wftble or a &c&4D& ce merba& Advic you leader ate yl orymbunfi= APPUCATION=1LQ GBA!%UANCB--YogamottpVIsi3defaultjbr&a1od msdforth tic Ads Notice (nee ?Aaronitlg pages far speciSc 34 a tbo ttatauc o¢nue dcfa. If you have tried andareumgbletoresolvetdspmblemwMttbaImda,yaabavethe boapply £or5amisl mixwmh= Homwwmo s Emagew-y Mortgage Assiatswe Roman. To do so, yrnr mast JM out eig m and Sie s oampleted Homomm's Emermq A ce PmgmApp Umfim wi&cm of Are dcdpatadeoastu=cmdit cmmadmg agenm= hstod at &c end ofdd Notion. only cmww meddt cutmseiiag agandas hm to wheal m for the sppfiead=MUST be filed or poatmarlmd within tbirty (so) daye ofyanr hoed-tom in - YOUME)STPIIZYOURAPPLICATMPMMMY. IFYOUFAIL T0D060QRIP YCUDONDT FOUDWTEEGIM i.TtMBPMODSMTTFORMINMMI.ET23&-ORFCGOSIIREMAYPROCEM AGAINST YOUR HObdB IlVIlIL?DTATII.Y AND YOUR APPLICATION FOR MAGE ASSWANCE V LL BE DENIED. At3TCY ACi?aH-Available finds furametgteaaymortgage aadiil npe arc veryMimed. They WMbn di*mad by 1hc ASnoay *mda the c%MAft cdteda esta Zdwd by the Act. Tltie Pomw rv=k Haaeing Fame hm six.(60) dzPlb malm a deddco dWr itncdven yawappla aL Dag, &a am e, no tweamm APR'ut-ut ui:uorm rKuwr9wuv&41YYY PVXCWingswMbep=mdasd'aatyouifycuhpametdwtimetequiz=miW aettbzthaboawe. YouwiUbanotified direedy by the Pelt i*4vamiaMuft Pim= Ageaoy of its dwisioa oa your gokaoon. NOTE: IF YOU ARE COR MMY PR07ZCTED BY THE FILWO OF A PE MON IN BANMUPTCY, THE FOLLOWING PART OF THIS NOTICE, IS F(A D*UUR ATION PURPOSES ONLY AND MOMD NOT BE C"MERM AS AN ATTEMPT TO 0oLT F.CT TBE Dm. (If you bave filed hW=PmY You cats 41 airplY for P.tinet c=T Matgage Assistance.} LIOW TO C1.m YOUR MORTGAGE DEFA= ring it gg a dpl HAKE OF THE DBFA)t T-The bMTGA(M debt held by the above leach an your ptvpczty located at 1 I Th mm Drive Meohmmm - gpd7059 LS SERIOUSLY IN DEFAULT because: YOUHAVBNOTMADBMONTHLYPAYMENTS farthefollowmgmentbs mdthefa?ovKmgemotmisamnow pat d= amm&gdely 99713 for *L4 oaths ofLam= 1. 2002 Amg M=h 1. 2002 ode cbmZm ._=2.92 for late. clines TOTAL AMOUNT PAST DATE:-$289431 HOW M CM TIM Yon may cane Vda default wMu TINY (30) DAYS ofgw rapeipt oftbis Notice RY PAYlNG = TOTAL AMOUNT PAST DUE TOTEM =W^ WSICH IS V89±131-PLUS AN'i'1+ OMAGEPAYMMMANDLATECMM(3ESSViMMBEC(F MDMDURMTHEMIM ?(30) DAY PEUOD. Pxmmtssnnst be made af},er lhv mmh :7-T7! r ,iI Paul Labd Aecradhad Home Lrndas vs ..... amuuw. wm owner my-m-m- m emens" MR to to ambr:tt iM debt M that the enure outdandmgbdmc ofdds debtwMbe comidetad due itnmed *dy sad yon, may lmse ac cbame tom Ste mef t$W to mand9y . Ithl cHic total mo= pm dale is vat =Me wWnT8MTY (30) DAYS OF RBCWT OF THE NOTICE, the. ladder also inmda to hwnux its a wm@ys fo aunt hgd action to hreelaaa MR ]= aoArt?ped V-fO"-M dc s ThemartgagvdPMPMWwillbe soldby*e Sheiffto payoff tba a dh f he adzef your case to its attomq%but you cw v tW ddhmpm cy bYefas the. lender begins legal Pwc6V P against Yon. you will null be required to pay rite teas mite aftufflyag tbca that wcm samaw fimmd. op to omoo. l tov mar if legal ptoooodinga wo aurw a xmd yam. yea.aril hanre m all v==ble Moon mfr teen 4MdjViacmmd by tineleader evm ifthey mead $50.00. Any mftmg foes be added to *e mama you owe the leaden. vvhieh may also btade et =msamft oasts. a aer as ?eea° WWo 'pY Bill DMOP RRCZM QZ TB Mv........s - wn fese< ae. - ,-?. 1: 7.11 15030 Avems of &icom Suitc 100 San Diego. CA 92128 A"mz UI:Ubrm rKVM"0000Lt1000 _ 9 LEirIDTR REMMS The leada may also sue you paeanaUy for the utgn id p dodpnl balance and all oter aatms due under themort w. u??? lnnu?rn?LrrxscuzTO F'4?Ar&-lfynu11mCIAmodtcdefaultwithmflte TERTY (30) DAY period gad fmclosure p =edings have begun, you bmtkeiighgto case the halt an ttrevcatt&esale atanytimeuetoonehovrbef=tbsSheti?'sSale oumaydasoby thetotal onatthm ?Y ?ri,e?ta aeAPr+t+w •~•,.•°-°. Coring year default in the nmaer mt forik is d a nedea Wm restore your mertgage to the sumo peoltion m Nyoa had never defaulted, EMIEST POSSMIX SHERIFFS SAbF_s, DATS..It is eadmatod mat the earliest daze that such a ShaifTs Sale of the mortgaged properly could be hold would be approximately &e mondo Vota the date of this Notiim A notice of ft acxml date ofthe Sheriffs Sale will be seat to you before the sale Of coum. the amount needed to clue the dcfAult will increase the longer youwait. You may find out at mWlima exactly what the regWred payment or action will b+$ by contaeft to lender. HOW Tn CmMaT r Fntnnu. Name meI?eda Add =r. 17830 Avenue eP denae e, 100, Son Diemo CA 2229 PhoatNetmbcr 1 800.675. 3d j9 2363_ Fax Nvmber &canzctPcrz=jk0akd ctPcrz= P BEE=OF lt:>~ea TF Youabnaldzea =thataShamSaleWmcadyour*"n=yvof ft moctsaw 2vpcdY and you zi& to occupy xt. If YOU, eo da a to live in the property An= the ShZ riffs Sale; a la mdj to vemove ym and your and o@>a< - --=zuw Could bo started by rho leader at any Iran. ^00 Umr i lviv yr m M li$Ar You mq or X MY nat wl or ti'dO' Ear ycorhometO & buyer orkmeaeewbo.wiasmm dmmmtppdah4providod1hatSUdWGMdM,dmggayM=ta,ehatBMMdatto WS fees mid costs are paid prior to or at the We sad drat 8re a&wnquit,m? of d" mortgage ate aatisfce& YOUX&YALSO ErAVR THE BIGST! - TO SELL THE mapm zY TO OBTAWMONEY TO PAYOFF TBE MORTGAW DEBT OR TO 11031ROW MMWFP M AN07EM LENDING D4STaX7TMN TO PAY MW TMS REST. TO RAVE THIS DEFAZILT CLMM BY ANY TMRD PARTY ACIUgG ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORM TO TBE SAME POSrTIt1'rT AS IF NO DEFAULT HAD QCCLJR =9 IF YOU CURE MM DEFAULT (1307&N SR, YOUDONOT HAVE THIS RIGHT TO GYRE YO'URDEFAULT MORR IV" 71llM TIM& IN ANY CALENDAR YEAR.) - TO ASSERT 7BB NONWMMWCE OF ADEFAULT IN ANY FORECLOSORB PROCEMOOlt ANY OTEM LAWS= WSTrr JM LgMM'1HE MORTftM DOC UMMM - TO ASSERT ANY 0720RDEFENSE YOU BMJEVE YOU bdAY HAVE Tg SUCH ACrt N 13Y THE LENDER, - TO SDKPRMMONUNDERTEEFEDERALHANII RDPTOY LAW. APR-05-02 01:UTFM M W4400441000 ..... ,... FOR CONSM"R C RMAT C OUNSFJMG AGENCIES SMVMG YOUR COMM PLYASE sbr,E THE ATTACKED LIST. NOTE: Unless you no* ills office within thirty (ail) days Biter ret ditg this Roak that you Mute thevalidbryofthis debtoranyportionthereof;tidyoffiirewillmums twothedebtisvstlld. Ifyonnod Wthis office In writingw Oln titirey (30) days from recefriag tkb natice, this office wM-. obtalm raifiaglon of the debt or obtain a copy of lodgment and mall you a cagy of such Judgment or verEcatiot. Yost are also aftiscd that any information wki& you supply to d* aificc way be used by us in the caAection of the debt. Hyon request this office in writfug within thirty (0D) days suer receirbtg tbl%tills office wa provide you with the name aid addreu of the otiglaal creditor. AlthonA we have requested that you mnke payment or provide a valid ream for uomrayment, you AM bate the riEht to make a wflam request, within thirty days of your reoelpt of this Potice, far Uwe b&rnuam about the debt. Your rigbbl an described Sher, bereft eW. TSE FtT MSE OIL' T$I& CO TYON IS r0 WJJ T A DEBT AND ANY 2MORMATIIbN OUT VLF M UE TMm IKIR Tffi rrngrOSL SENT VIA. REGULAR MAIL AND CERTEM MAR, Ni hMM 70012S IO 0008 5228 9749 RsnMXRECEIPT REQUEST Eoclos= Validation of Debt Notice APR-0502 01 Wpm MM-0064441044 90..YI1... --_ .. Validation. of Debt Notice Pursuant to the Pair Debt Collection Practice Act (FWJ&) CIS toe 1691) , e coneuntler debtor is required to be sent the following notices (].) unless the commumar, within thirty (38) days after receipt of this notice, diepntes the validify of the debt er any Portion thereofo the debt will be asamed to be valid by tho debt collector, (2) if the conenmar notifies the debt collector in writing witW the thirty day period that the dobt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the canuuner and copy of such verification or Judgment will be mailed to the consumar by the debt collectors and (3) upon the coaaumer'a written regnant within the thirty (30) day Va>tiea, the dubt collector will provide tha consuam with the nemsi and address of the original creditor, if difEerent >roaa the current creditor. Our demand for immediate paywatdees cot tlftafnate your right to dfgg* thf3 debtwidda thfrtydags of rectiXadthianetim ifyouchum todoao,weareregatredby)awtocemnamcaRectiose$erhungwehareambd that hm matfan to you. Altloagh Re hnvet+egnesaedthatgad libaiCe payeumterprovide a ?alfd YesRtonfer amrpaymeat+y?oo ate [rave the right to mace it written regpes4 xltlda thirty days of yaw reet*f efSU mattm for mere iniatsna6laa aboutibe a&L Your rigs ass 8escribad fkrlhw, herema$er. She Sew office of McCAMe 1=82M AIM COMY, P.C. is actiag as a debt collector, pursuant to the YDCPA. TBZ8 X =CR A= LSLI= M AA 71TMWT to Mmaer I DEW Aft Mt UWoatC?stm QeTMM >= ss traso rob TE{i?'P PoRPM. She r6deral Trade Coam iesion has ruled that She MPA does not preclude tha inetitutioa of legal notion Prior to the expiration of the thirty day varied. Mcaptance of funds and reizatateomt of the mortgage are both eubjeat to verification by my client. Pleaae note that Y may be iaetraeted to proceed with foreclosure and fees, coats and/or advances. by the mortgages may be due in addition to the am quoted above. Ploasa further note that any funda tendered will be eubjoct to ver9fLeation and correctnose before the matter In eonelwdad. Plane feel free to contact this office bpoa receipt of this notice eboald You have any gu?estioaa or coneetats. Date: Agril 8, 2002 Terrence a. KcCabe, Bequire McCabe, weieberg, a , P.C. First Unim Building 123 south Broad Street snits 2080 phiLa"IDUa, VJL saws VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsificationto authorities. ? ?? 1) Exhibit "D" ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III I 1 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. oa Ay 3q COMPLAINT IN MORTGAGE FORECLOSURE ANSWER AND COUNTERCLAIM 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 CLAIMED IN THE COUNTERCLAIMT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP/ PA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PENNSYLVANIA 17018 800-692-7375 ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant ANSWER 1. Admitted. 2. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 0 2, -,2 4 3 q COMPLAINT IN MORTGAGE FORECLOSURE 3. Admitted in part. Although it is admitted that the land in question is known as 11 Thomas Drive, Mechanicsburg, PA 17055, it is denied that such property is subject to any valid mortgage for the reasons stated in the COUNTECLAIM. 4. Admitted. 5. Admitted in part and denied in part for the reasons stated in the COUNTERCLAIM. 6. Neither confirmed nor denied. COUNTERCLAIM 7. The averments of Paragraphs one (1) through Six (6) are incorporated by reference, and made a part hereof. 8. The subject mortgage was not a purchase money mortgage, but was a refinance of Debtor's first mortgage on his principal residence. 9. Plaintiff did not comply with the Requirements of the Truth in Lending Act, TILA, namely, Plaintiff did not afford Defendant the opportunity to receive a copy of the notice of threw day right to rescind, as mandated by TILA. 10. For said violation, Defendant is entitled to recission of the note, and recission of the mortgage, reasonable attorney fees and twice the amount of any finance charge. WHEREFORE, Defendant requests that Plaintiff's claim be denied, and that judgment be awarded against Plaintiff in Defendant's favor for recession of the note and the mortgage, Defendant's reasonable attorney fees and twice the amount of any finance charge on the mortgage in question, Pursuant to Defendant's COUNTERCLAIM. Defendant requests a jury trial. . Z --------------- Vicki Piontek, Esquir' 1738 E. 3'd Street Date Williamsport, PA 17701 570-594-2199 ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, vs. Plaintiff . CLARENCE HEINLY, III I 1 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above captioned matter, and that on the 21" day of June, 2002, she sent by first class U.S. Mail, postage pre-paid, a true and correct copy of the attached ANSWER AND COUNTERCLAIM to the Plaintiff's attorney at the address listed below: Gregory Javardian 1310 Industrial Blvd. 1°t Floor, Suite 101 Southhamption, PA 18966 Vicki Piontek, Esquire 1738 E. P Street Williamsport, PA 17701 570-5942199 6 1 O2 Date Exhibit "B" THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 n c? C rv Attorney for Plairiff ACCREDITED HOME LENDERS, INC. Plaintiff VS. CLARENCE H. HE'INLY, III COURT OF COMMON PL TRIAL DIVISION CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM r^ PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM 7. The averments of paragraphs one (1) through six (6) are incorporated herein by reference as if more fully set forth at length. 8. Admitted. 9. Denied. The averments in paragraph nine (9) constitutes a conclusion of law and no response is required. By way of further reply, Plaintiff provided Defendant with the notice of the three day right to rescind in accordance with the requirements of the Truth in Lending Act. In fact, Defendant signed the Notice of Right to Cancel and acknowledged receipt of said notice. A copy of the signed Notice of Right to Cancel is attached hereto and made a part hereof as Exhibit "A". 10. Denied. The averments in paragraph ten (10) constitute conclusions of law and no response is required. The same are therefore denied. r WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant and requests that Defendant's be denied. VARDIAN, ESQ. DATED: July 9, 2002 r Exhibit "A" NOTICE OF RIGHT TO CANCEL r • Loan No.: 0109191722 _ Date: September 27; 2001 Borrower: CLARENCE H. HEINLY, III Property Address' 11 THOMAS DRIVE MECHANICSBURG, PA 17055 z YOUR RIGHT TO CANCEL: You are entering into a transaction that will result in a mortgage, lien, or security inl=st onfin your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: 1. the date of the transaction, which is -- D / or 2. the date you received you Truth-m-Lending disclosures; or - - 3. the date you received this notice of you right to cancel. _ If You cancel the transaction, the mortgage, lien, or security interest is also cancelled. Within 20 calendar days after we receive you notice, we must take the steps necessary to reflect the fact that the mortgage, Ron, or security interest onrm your home has been cancelled, and we must return to you any money orprroperty you have given to us or to anyone else in eonneAlon with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be retuned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without father obligation. 110W TO CANCEL: If you decide to cancel this transaction, you may do so by notifying us in writing ac- Name of Creditor. Accredited Home Lenders, Inc., A California-Morporation- Attn: Funding Department - 475 Kilvert 8treimt,'Sate 300 _ Warwick, RI 02886 You may use any written statement that is signed and dated by you and states your.integljon to cancel, or you may use ft notice by dating and signing below. Keep one copy of this notice because it contains Important information about your rights. If you canoe(by mail or by telegram, you must send the notice no later than midnight of_ 10-a-61 _ (or midnight of the third business day following the latest of the three events llstul above.) if you send or deliver Your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL - Consumer's Siguaftm Date CLARENCE H. HEINLY, III ' - - - _ -- ^ _ I, THE UNDERSIGNED HEREBY ACKNOWLEDGE, THAT, ON THE DATE S$ FORT1i BA= RECEIVED TWO (2) COPIES (IN ADDITION TO THIS COPY) OF THIS NOTICE (jV RIGHT TO CANCEL, - ADVISING ME OF MY RIGHT TO CANCEL THE TRANSACTION TO WH(M 110 NOTICE ItI.ATES AND ONE COPY OF THE FEDERAL TRUTH IN LENDING DISCLOSURE STATEMENT. Each bonowedowner in this transaction has the right to cancel The exercise of this right by one borrower/owner shall be cliective to all botmwers(owners. •--1;r 9-ZS-o/ Consumer's Signature Date g r _q x -- CLARENCE H. HEINLY, III .- tswecaace Am, 619005 (5101) VERIFICATION The undersigned hereby states that he/she is duly authorized to make this Verification on behalf of Plaintiff, the statements made in the foregoing pleading are true and correct to the best of his/her information, knowledge and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. r THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff ACCREDITED HOME LENDERS, INC. Plaintiff VS. CLAPENCE H. NEINLY, III Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiff's Answer to Defendant's Counterclaims was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Vicki Piontek, Esquire 1738 E. 3`d Street Williamsport, PA 17701 Attorney for Defendant Dated: July 9, 2002 r SWORN TO AND SUFSRIBED BEFORE DAY OF , 2002. >- _. ?- l:, <.= -' Gn r? fem... ;, Cam= t ??. F _ i ` ?'? A'. ! I_V {?.. Li ? . ?.., * _ 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCREDITED HOME LENDERS, INC Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CLARENCE H. HEINLY, III Defendant NO. 02-2439 Civil Term PETITION FOR FINAL DECREE Filed on behalf of: Plaintiff, ACCREDITED HOME LENDERS, INC. Counsel for Record for this Party: Gregory Javardian, Esquire P.A.ID# 55669 1310 Industrial Boulevard ls` Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Counsel for the Defendant Vicki Piontek, Esquire 1738 E. 3' Street Williamsport, PA 17701 (570) 594-2199 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff ACCREDITED HOME LENDERS, INC. Plaintiff VS. CLARENCE H. HEINLY, III Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-2439 Civil Term PLAINTIFF'S PETITION FOR FINAL DECREE PURSUANT TO PA.R.C.P. 1035.3(d) and C.C.R.P. 208-2 Plaintiff, by its attorney, Gregory Javardian, Esquire, hereby respectfully moves this Court for A Final Decree and entry of Summary Judgment in its favor and against Defendant, Clarence H. Heinly, III and in support thereof avers as follows: 1. On July 23, 2002, Plaintiff filed a Motion for Summary Judgment and Memorandum of Law. 2. A true and correct copy of Plaintiff's Motion for Summary Judgment and Memorandum of Law was mailed to Defendant's counsel on July 22, 2002. 3. A true and correct copy of the Certificate of Service filed on July 23, 2002 is attached hereto and marked as Exhibit "A". 4. A response to the Motion for Summary Judgment has not been filed within thirty (30) days after service of the Motion. 5. Pennsylvania Rule of Civil Procedure 1035.3(d) provides that "summary judgment may be entered against a party who does not respond." 6. Similarly, Cumberland County Rule of Procedure 208-2 states that "if no answer is filed [to a motion or petition] and proof of service is submitted, upon application to the court a final decree may be entered." WHEREFORE, Plaintiff respectfully requests that its Motion for Summary Judgment be granted and that Judgment in Mortgage Foreclosure be entered in Plaintiff's favor and against Defendant, Clarence H. Heinly, III and that Defendant's Counterclaim be dismissed with prejudice. Dated: August 27, 2002 Esquire K310 Induial Boulevard ls` Floor, ite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff VERIFICATION I, Gregory Javardian, attorney for Plaintiff, hereby state that I am duly authorized to make this Verification on behalf of Plaintiff and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Dated: August 27, 2002 ML L 2 3 2002 THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED HOME LENDERS, INC Plaintiff VS. CLARENCE H. HEINLY, III Defendant Attorney for Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiff's Motion for Summary Judgment and Memorandum of Law was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Vicki Piontek, Esquire 1738 E. 3rd Street Williamsport, PA 17701 Attorney for Defendant Dated: July 22, 2002- G G AVARDIAN, ESQ. SWORN TO AND SUIASCRIPED BEFORE ME THIS ?11 h DAY OF 0`-- ?' , 2002. ?X? !E 31 NOTARY PUBLIC NOTARIAL SEAL TlFNA E, DOYLE, Notary Public OIL of Phllsdel Na, Phila. County M Oommission irea Nov. 29, 2004 Exhibit "A" 9 I J uL 2 3 2002 THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for Plaintiff (215) 942-9690 ACCREDITED HOME LENDERS, INC. COURT OF COMMON PLEAS Plaintiff TRIAL DIVISION CUMBERLAND COUNTY VS. No.: 02-2439 CLARENCE H. HEINLY, III CIVIL TERM Defendant CERTIFICATE OF SERVICE =r. TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiff's Motion for Summary Judgment and Memorandum of Law was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Vicki Piontek, Esquire 1738 E. 3`d Street Williamsport, PA 17701 Attorney for Defendant Dated: July 22, 2002 VARDIAN, ESQ. SWORN TO AND SU SCRIED BEFORE ME THIS h DAY OF C.tr 2002. NOTARY PUBLIC NOTARIAL SEAL TINA E, DOYLE, Notary Put We of PhIledel 8' rnbal0 - Pie. -County ® ?rtl - Nov. 29, 2004 Ar 'L? LT ? r -r -n ? rrJ .? K ACCREDITED HOME LENDERS, INC. V. CLARENCE H. HEINLY, III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2439 CIVIL TERM CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 4TH day of SEPTEMBER, 2002, plaintiff is directed to list its Motion for Summary Judgment for argument in accordance with local rules of court. Edward E. Guido, J. Gregory Javardian, Esquire Vicki Piontek, Esquire sld _P-_u /yvca<2?d • Oy-oa.- 9- ' (b'i{?{t?i1lASNNa? n'n!? A uAj ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 170557 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.02-2439 COMPLAINT IN MORTGAGE FORECLOSURE AMENDED ANSWER AND COUNTERCLAIM 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 CLAIMED IN THE COUNTERCLAIMT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP/ PA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PENNSYLVANIA 17018 800-692-7375 ACCREDITED HOME LENDERS, INC 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DJ VE MECHANICSBURG, PA 17055, Defendant ANSWER Admitted. 2. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.02-2439 COMPLAINT IN MORTGAGE FORECLOSURE 3. Admitted in part. Although it is admitted that the land in question is known as 11 Thomas Drive, Mechanicsburg, PA 17055, it is denied that such property is subject to any valid mortgage for the reasons stated in the COUNTECLAIM. 4. Admitted. 5. Admitted in part and denied in part for the reasons stated in the COUNTERCLAIM. 6. Neither confirmed nor denied. COUNTERCLAIM 7. The averments of Paragraphs one (1) through Six (6) are incorporated by reference, and made a part hereof. 8. Plaintiff mortgage company is in violation of 41 P.S. § 403, et. seq otherwise known as Act 6, by failing to provide to Defendant notice of intent to foreclose on the subject property by certified registered mail at Defendant's last known address.. 9. Plaintiff Mortgage company is also in violation of 35 P.S. § 1680.403c, otherwise known as Act 91, by failing to send the required documents to Defendant at his last known address by certified registered trail. 10. Defendant is entitled to reasonable attorney fees in the amount of approximately $1,500.00 more or less for reasonable services provided by Attorney Vicki Piontek at $100.00 per hour, 41 P.S. § 406. 11. For said violation, Defendant is also entitled to recission of the note, and recission of the mortgage, Pursuant to Pennsylvania's Unfair Trade and Consumer Protection Law, 73 P.S. 201, et. seq, and the Fair Credit Extension Uniformity Act, 73 P. S. § 2270. 1, et. seq. WHEREFORE, Defendant requests that Plaintiffs claim be denied, and that judgment be awarded against Plaintiff in Defendant's favor for recession of the note and the mortgage, Defendant's reasonable attorney fees in the amount of $1,500.00 more or less, and punitive damages in the Court's discretion. V ? ?J?-vwk_ 3 aaL Vicki Piontek, Esquire Date P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.02-2439 COMPLAINT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above captioned matter, and that on the 3'd day of September, 2002, she sent by fast class U.S. Mail, postage pre-paid, a true and correct copy of the attached AMENDED ANSWER AND COUNTERCLAIM to the Plaintiffs attorney at the address listed below: Gregory Javardian 1310 Industrial Blvd. I" Floor, Suite 101 Southhamption, PA 18966 V Loi 9 3 &v Vicki Piontek, Esquire Date P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 '"Ji LA --r !y? 1+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCREDITED HOME LENDERS, INC. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CLARENCE H. HEINLY, III Defendant NO. 02-2439 Civil Term PRELIMINARY OBJECTIONS TO DEFENDANT'S AMENDED ANSWER AND COUNTERCLAIM Filed on behalf of: Plaintiff ACCREDITED HOME LENDERS, INC. Counsel for Record for this Party: Gregory Javardian, Esquire P.A.ID# 55669 1310 Industrial Boulevard 1" Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Counsel for the Defendant Vicki Piontek, Esquire 1738 E. P Street Williamsport, PA 17701 (570) 594-2199 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 IT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED HOME LENDERS, INC. Plaintiff VS. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-2439 Civil Term CLARENCE H. HEINLY, III Defendant PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S AMENDED ANSWER AND COUNTERCLAIM Pursuant to Rule 1028(a)(2) of the Pennsylvania Rules of Civil Procedure, Plaintiff, Accredited Home Lenders, Inc., by its undersigned counsel, hereby submits the following Preliminary Objections to Defendant's Amended Answer and Counterclaim for failure of pleading to conform to law or rule of court and, in support thereof, avers as follows: On May 17, 2002, Plaintiff filed the underlying Complaint in Mortgage Foreclosure. (A true and correct copy of the Complaint is attached hereto and marked as Exhibit "A"). 2. On June 21, 2002, Defendant filed an Answer and Counterclaim to the Complaint. (A true and correct copy of the Answer and Counterclaim is attached hereto and marked as Exhibit "B"). 3. In the Counterclaim, Defendant alleged that Plaintiff violated the Truth-in- Lending Act by failing to provide Defendant with the three day right of rescission notice. (See Exhibit `B"). 4. Plaintiff filed an Answer to Defendant's Counterclaim on July 11, 2002. (A true and correct copy of the Answer to the Counterclaim is attached hereto and marked as Exhibit "C"). 5. Plaintiff attached as an Exhibit to the Answer to the Counterclaim the Notice of Rescission, which was executed by the Defendant. (See Exhibit «C„ 6. At the close of the pleadings, Plaintiff filed a Motion for Summary Judgment on July 22, 2002 which is currently pending before the Court. 7. On September 3, 2002, Defendant filed an Amended Answer and Counterclaim. (A true and correct copy of the Amended Answer and New Matter is attached hereto and marked as Exhibit "D"). 8. In the Amended Answer and Counterclaim, Defendant raises allegations regarding the Act 6 Notice of Intention to Foreclosure and Act 91 Notice of Homeowners' Emergency Mortgage Assistance which were not raised in the Answer and Counterclaim filed on June 21, 2002. (See Exhibits "B" and "D"). 9. Pa.R.C.P. 1033 governing amendments to pleadings provides that, "a party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading." 10. Defendant did not seek Plaintiff's consent prior to amending the Answer and Counterclaim. 11. Moreover, Defendant did not obtain leave of the court to amend the Answer and Counterclaim. WHEREFORE, Plaintiff respectfully requests that this Honorable Court sustain the Preliminary Objections and dismiss Defendant's Amended Answer and Counterclaim with prejudice for failure of pleadings to conform to law or rule of court. Dated: September 9, 2002 9 4strn1310ial ian, Esquire Boulevard is` Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Exhibit "A" F ' LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 c' r . 1310 INDUSTRIAL BOULEVARD -' 1' FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff y -: ACCREDITED HOME LENDERS, INC. COURT OF COMMON P119AS ` 15030 AVENUE OF SCIENCE, SUITE 100 CUMBERLAND COUNTY SAN DIEGO, CA 92128 PLAINTIFF VS. CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 DEFENDANT(S) NO. 0A -Qvsy COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1' FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff ACCREDITED HOME LENDERS, INC 15030 AVENUE OF SCIENCE, SUITE 100 SAN DIEGO, CA 92128 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. NO. CLARENCE H. HEINLY, III COMPLAINT IN 11 THOMAS DRIVE MORTGAGE FORECLOSURE MECHANICSBURG, PA 17055 DEFENDANT(S) CIVIL ACTION MORTGAGE FORECLOSURE 1. Accredited Home Lenders, Inc., (hereinafter referred to as "Plaintiff") is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Clarence H. Heinly, III, Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee. Said Mortgage was dated September 28, 2001 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1737, page 4687. A copy of the Mortgage is attached and made a part hereof as Exhibit 'A'. 2. The Mortgage is secured by Defendant(s) Note dated September 28, 2001 in the amount of $96,000.00 payable to Plaintiff in monthly installments with an interest rate of 10.625% (Variable Rate). 3. The land subject to the mortgage is: 11 Thomas Drive, Mechanicsburg, PA 17055. s 4. The Defendant, Clarence H. Heinly, III is the real owner of the land subject to the mortgage and the Defendants' address is : 11 Thomas Drive, Mechanicsburg, PA 17055. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance $95,925.41 Interest to 4/30/2002 4,203.86 Accumulated Late Charges 266.15 NSF Charges 20.00 BPO Costs 200.00 Attorney Fees/Costs 3,700.00 TOTAL $104,315.42 plus interest from 5/1/2002 at $27.88 per day, costs of suit and attorney fees. 6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and the Notice of Homeowners' Emergency Mortgage Assistance was sent to defendants March 1, 2002. The Defendant(s) have not cured the default. WHEREFORE, Plaintiff requests the court enter judgment in mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant(s), in the sum of $104,315.42 together with the interest from 5/1/2002 at $27.88 per day, costs of suit and attorney fees. Law Offices of Gregory Javardian BY: R' JAVARDIAN Attorney No. 55669 i Prepared By. Retina 1b: T Accredited Home Lendere, Inc.. Acereditaed Rome'Lendeire; Irlc., - - A Ca13Zcrxda Corporation A C&A:Eorn.ii aCojS0c, ttion - 15030 Aventjd oi`-gaiente, Sd&te 100 San Diego, CA 92126 PmvelNumber. 3S& 1036. [Spa" Above This Ltne For RecordInc Dataj MORTGAGE DONS Words used in melaple sections of this document am defined below and other gprds aroide5ned Ia Sections S, 11. 13, 18. ?A and 2L Certain sales reSsifimg the usage of words used ki *b - 00=meilt are a1y0 provided la 3eotioa 16. - (A) "SecoritYlus rumene weans this docurnen%which L4 dated . September 26, 2001-- , toEdher with an Riders to this docmnenL (13) "Borrower" is - -- -- - - CLARBp= H. HZnMy, III - - - Boaower is dw mortgagor Hader ads Security bumm,=L - (C) "Leader" is - Accredited Rouen: Letadere, Ice. Lender iss Corporation PENH$nVAMA - Ong's Famny- Fsnd" MaedFraddl4 Mae UNIFORM INSTRUMENT Fur; T3039 t7Ot 4ft-qPA) pwq roseldle wr ueao„oESOwa.peoles+:nr 716, 324901 (Wee) t?SN,Y, 010!1!177:2 '-' ?- 43 .. Cm EXHIBIT' A commitment No. 191221 ALL THAT CERTA= tract of land situate in the Towndhij;T .of silver ' Spring, county of Cumberland and State of Pennsylvania, bounded aryl described as follows, to wit: M=ZXN=G At A poet at corner of land now or-formerly of the Gross - Estate, which post is three hundred twenty-tour (327) Test southwaxdly from the right-of-way line of the Pennsylvania Railroad CoMany; thence along the line of said land of the Gross Estate, St:uth 23 degreea•8est, - two hundred three (203) feet to a posts thence slang tre line of s6ma, s South 53 degrees, 45 minutes Nest, one hundred thirr-y-live and eigtxt tenths (135.8) feet to an Iron* pin; theace..Along the line of land 11ow - or formerly of John 1. Enck and Barbara J. Enck, his wfte, formerly of _ Warren T. Gouge and Grace T. Gouge, his wife, North 51_degreea 10 a minutes west, one hundred eighty-two (182) feet to -4n fxon pin; thence along land of same, and also along land now or forgFrly of Clyde cF?• - " Gouge and Ethel 1. Gouse, his wife, North 38 degreE$ M :miautas $ast, three hundred eighteen (318) feet to an iron pint thenpq along ],ins or land now or formerly of John I. Eack and Barirara J: Enb"'k, his wile; South 51 degrees 10 minutes East, one hundred sixty.-one. (161) feet-to a post, the place of beginning. - - CONTA3N3WG 1.4 acres, neat measured, and improved by a. two-story armi- bungalow dwelling houae and other outbuildings, known as 11 ThdruLs- -1^- Drive, HechaaiCoburg. ,Pennsylvania, 17055. IFURTHBR granting and conveying unto the Grantee, his he" a and aaa?, the right of ingress and egress and regress aver azM upim the land or road which. extends along the northern line of the abovb-described - - property, as reserved-in the 'Deed of Warren T. Gouge aZ4 Grace V. Ubuae ' to ache 1. EnCk and Barbara J. Back, big; wife. BEING THE SAM lot of ground which by Deed dated Decemfaer 4, 1991 Snd racerded Amon the Land Records of Cumberland County, crommonwealth*of 4- Pennsylvania in Record Book 235, Page 1038 was glo- ted_and conveyed by Martin T. Shealy and Teresa A. Shealy unto the Borrower herein, said property being in fee simple. _ ,.... MAT-I O-ua Ir.-.. ...... ..... organized and exhting under the laws of the State of CaM foxxZZ = Lender's address is 15030 Avenue of Science:, Suite 100, San Diego, CX*- 92x28 Lender is the mortgagee ondtr this Sexoacy Instrtmeat. (D) "Note" means rite promissory now signed by Borrower and dated September 28; 2 o Qi The Nota states that Borrower owes Lender Ninety Six Thousand and Na/SOO Dollars (U.S. $ 96,000.00 ' ) plus Interest Borrower has promised w pay this debt in regular Periodic Payments and to pay the debt in full not latex than October 1, 2031 (E) "Property" means the property that is demoted below tinder the heading 'Transfer of RZhts in the Property, - (P) 'Loan" amass the debt evidenced by the Note, phis Interest, any prapaymE[tt charges and ]ate charges due under the Note, and all stuns due under this Security InsmvmeM plus hitercit` - (G) "8ddn-a" maims all Riders to this Security Instrument: that are exec uad by Bonower. The following Riders are to be truncated by Borrower (check box as applicable): ?AdIjustableRateRhtec ?CondomkimmRi e 9 Spcund?/W4Rider J -• Balloon Rider Planned Unit Devclopmeat Rider 1-4 Purilly Rider VA Rider Biweddy Payment Rider othir(s) Ispedfyl Arbitration Rider (M "AppIIeable Law" means all controlling applicable fadecal, usta' and local statutes, regulations. oodiaaaeez and sdminisuadve cotes and Orden; (mat have the effect of laws as well as an applicable final, mm appeslabta judicial opinions. OD °Communtty Assodation Dues, Bees, and Assessments" means all dues, ices, a aenls and other charges that are imposed on Borrower or the Property by a condominium assodadon, bomeowneha association or similar ergani2a<don. Q) "Eleettonlc Funds Tsansfear" mans any trusser of feuds, other than it transaction cd&5tgby cunt:. draft, or sicMar paper i+strunme. width is Initiated duoagh an electronto tamiasl, WIVIlnade lmstrumeM computer, or magttesie tope so as to orda,~ hmuct. or authorize a rumcial lastitaboa to debit or credit an socc mt Such team Includes, but is not limited to. pointrof-sale transfes, automated WBW machine or -I I N - ions, mansfers htdated by telephone, whe to mates, and automated clearinghouse t anafers_ M "8serowItems" means those items that ate deed In Section 3. _- - OW "Mlstellaneous Proceeds" melons any compeandon, aettEmeat, award of damages, or proan ds paKby any mind party (other than inson mot proceeds paid mist the covetageg described. in Section -S) for Co - - dsmage to. or desnueton c4 the Proplip, (i7 condemnation or other taking of all or nay part of the Property; (iii) conveyeace In lien of condemnation; or (iv) mfr tepresentadons of, or t as to, die erne and/or condition of die Propery. - ?Martgage Insurance means ithsmance poteetmg Lender against d re noupay meat o!, or-defm* on. Qn "Periodic Pgmctr means me regularly oehednled amount due for 0) priLclpel and Imtetest under the Note, Via M my amounts mdse Section 3 of dud's Security InsunmeaL - 4%-a(PNtasoq n•as•catrs t*ermiwaa trot - JWM 324762 (LI/eol ntEMU.l, 97a9191122 I (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Vw- dun 2601 et sue) and its impiemeaft regulation. Regulation A C24 C.F12- Pan 3500), as they might be ameaded.rwm LEM to time. ` Or any additional or successor legislation or regulation that governs the same sZ*= matter. As gsed 10 this Seemtq Inenttment, "REWW refert to all rtequhnmems and restrictioas that am imposed in regard to a ' - under "federaly [related mortgage loan' even if the Loan does not qualify as a siederally. related mortgage loan- ban- OF) "Successor in interest of Borrower" means any parry tine has td= title to dw Property. whether or not that party has assumed Borrower's obligations u the Note and/or this SeFmity instrument TRANSFER OFRIGEM IN THE PROPERTY This Security Instrument eecarrs to Corder (i) the repaytneat of erne Loan, and au =new&% extensions and medlaca ions of the Note; and (ii) the pedarmance of Borsowees eoveaaatCaand egteements tender this SoC=IW bMma err and the Noon For this ptuposO. Borrower does hereby mortgage, grant. anti, convey tO I.n?der the Mowing described property located in due County Ctype of Rtmrdt,r 1'ad"tettonl of CUMERLAM (Rome OrRseerdhg7ertrd Caml_ SEE LEGAL MSCR=pTXObr ATTACABD-t9RWO AAD MAW A $ART"I R which ra=ently has the address of it 'S Dstrva - iSweey NFASM=CGBURG 1Qcy).Pom isy4vAnid- 17055 = IMpCodel Mroparty Address" ): TOOS OM VA= all theImpeovemaats uew or hereafter erected an ate prpptsq. sad all easements. appanananam and Oxon= now or hereafter a part of die property. An Shin also be covered by rife Seemity bmtrument. AIL of the foregoing refecred to thrt?`Seeenmigr lnshw'pettc as the M r ?.L?p'u canna !.? •.t re Fe[m 0039 Y/01 AIM 394703 t::./oat nmtarax, C LOSuiTfir - VAY-I5-0I 10:36MA FROM-tlbtlbL41ObU aaeac?iaaa ......... BORROWER COVIMAMM that Bmsowes Is lawtiilly, seised of the estate hereby conveyed and has the right n mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of reooud. Borrower warrants and will defend generally the title to the Property against all clahrts and demands, subject to any encumbrances of record. SECURrIT JIMMUB ENT combine: uniform covenants for nsTwud tae and nom-unWor m covenants with limited variations by jurisdiction to constitute a uniformsec tt`Ty instrument covefmg reaf Property. UNUTORM COVE 4AMS. Borrow= and I'.errder covenant and agnx as allows Borrower shall pry wheap me La?ti E?w Items, Prepayment chutes, and Late Charges. due - P?Yntem charger and late pdncfpd of, and interest on, due debt evidenced by the Prole and any charges due under the Note. Borrower shall also pay flmds for Eaerow !tens pursuant to Section S. Payments due tinder rite Note and this Security Inari mcm shall be made in U.S. currency. However. If my check or other insnnment received by Lender as payment nodes theRote or this Security Instrument is rearmed to Leader unpaid, Lender may regwm that any or an sobsequunc payments _ due under the Now mad this Security Inamnmeac be made in one or more of the following forms, as Selected by Lander- (a) osh; (b) money order; (c) certified cheek, bank check, tressrer^a ohecic or croshWa cheek. Provided any such check Is drawn npom an institution whose.deposits am fusued by a federal apacy. ? i lmsttnnentality, orentity; oc (a) Mernonic 1%nds Trensfer. payments are dEed r eccived by Lewder when received at the location designated is rime Note a at j such odor location aay be designated by Leader la aaardatru sviris the notice proves hf Section S. Linder may return an the L.omh Current. Letent!. aooepc ray p9ymentt ea Partial patiyement iasofficieat to being the Iran c4xent, _ without waiver of arty rights haemnder or ps4iurQioe to its sights ro mtfmse tatoh payment partial paymcnn In die future, but Lander Is no obligated w apply sorb payments at the time core paymierus are aeoepted. If each Periodic Payment is applied a9 of its admWnled due date, tires Leadv need nor pay laoerasL on nmpplded fands. I may hold Borrower does not do so within are omabiep a? Bfd paymexmt w b ifae Loma cerce if [tm3s or aewro _ them to Borrower_ If not period of 4?' L? shad euhei apply ly suteh o the Note applied earlier. such funds will be applied to the outstanding principal l?ce under _ Immediately prior to forackw=e. No of&a or claim which Boaows might have mew or in flu Paoae age= Lender shall relieve Borrower from making payments due, nodes the NOW and &W Security Iustrnment or preforming the covenants and agreeatents secured by this SCAudtyYiistrncmeant. - 2_ Application of Payments or Proceeds. Except as otherwise described q tbls Seddon 2, ill payments accepted and applied by Leader shwa be applied in the following order of ptdati1r. (a) hottest a've ®der die - MW (b) Phi due under rite Note: CO amounts due under Section 3...Such payments shun a applied to "-h Periodic Payment In the order In which it became due. Any ranahdng amounts shall, be applied first to lace charges, second to any other amou= due under this Security Instrwaeat, aaa rhea to reduce the principal balance of the Now If Leader wolves a pegmwm from Botaower for a deliagnem Mode Payment which lmclodes a - suffident amount to pay air hue charge due, the paymm uW be applied to the delfagmart Payment and she Use charge. If move than one Periodic Payment Is ountandfa& Leader may apply any payment racelved farm Borrower to the repayment of the Periodic Pgnteots if, and to the exam thA a ich payment ear be paid in - 4ft-g(PA) Mom r.a44NU 'm '!j Pena sass slat rum 294704 (9a./e9) Scomr, 019919s7= - MAY-16-02 10:88AM FROM-8686241666 09091+:999 . ... -••_-. . --- full. To the extent that any excess exists after the payment Is applied to the outs paymbnr of tae or more Periodic Payments. such excess may be appW W any late charges tae Voluntary pt!Cpayme M shall be applied fast to any prepayment charges and than as described in die Note. Any application of payments, brsutaace Proceeds, or MraeOaaeous Pjoroedi to prtceipal due.under the Note shall not extend or postpone the due date, or change the amount, of the PerOdic Pay&c6tL . 3. Funds for Escrow Items. Borrower $bell pay to Lender on the day Periodic Pgyatitents are due under the Note,, until the Note Is paid in fan, a semi (the "Funds' to provide for paynt&g of amounts &a for: (a) taxes and assessments and other items which can atmla Priority over this Security lakumeat as a Han or aaahmbranee an the Property; (b) koasehold payments or ground rents an the Property, if airy; (e1premlmn, for any and all insurance requited by Leader under Secttai 5; and (ti) Mortgage Inane premiums, if any. _ or airy cams payable by BoaotaKr LO Leader in ]tea of the psyataat of MOrt?aRe boirance pieniuma in accordance with the provisions of Seetou 10. There items are called 7E=6w- Items." At origioatid6 or at any time daring tee trim of the Loan. Lender may require that cou urrnu t Asociatoh Does, Fees, and Assessments. If any. be escrowed by Smawer, and such does, fe:s and assawneits shall khm an Escrow Item. Boaowcr shall promptly famish to I, coder all n0110e5 of adlotmtt to be paid under ails, Section Borrower ' - shall pay I.mQer the Faads for Bsaow Rem unless Leader waives Bootower-i a6HMdm to pa the I'vnds for any ur all Escrow Items Lender may waive Borrower's obligation to pay eOTsader tunds for any or eu - Escrow Items at my time. Any stock waiver may cagy be in wdtug. In ft event of mcfi waiver. Borrower shall pay directly. when and whom payable, the: amounts due for any Escrow hems for{ which &moat of Funds has been walved by Leader fret, if Lender requires, shall fbnusb to Lerh?er receipts evldt0 *g such - payment within $a& time period as Lender may require. Borrow ees obl(gayioa 00 naive i meh payments and to Provide r shall for an puq=cs be deemed so be a covenant and a@rxmmt camndited in this Seecity Instrument. as the phrase 'covotent and agreemaif- is and in Section 9-7f >Ntuower is obUgued to pay Ewmw Items dkecdy, pucmmt to a waiver, and Borrower faits to psi the amoa t due for an Eatow Item, Lender may exe#se its rights Wider Secdon 9 and pay'saeh smatnt and Borrower dud then be obligated under S=ICU 9 to reply m Leader any amok amount Linder may revolx the waiver at id any or all Escrow Items at any time by a nonce given In accordance with Section IS and, upod ane$rmvoeation, Bo&bwcv shall pay to Lender all Funds, and in stick amounts. that are then required tinder this Seclon s. : _ -- Lender may. at any dmhm, collect and hold Funds In an am cruet (a) sufficiei l to pomilt Lender to apply - - the Funds at the time spadfied under RESPA, and (b) not to exceed the moamam stdouat a lender can regahe udder RESPA. I.e04a shall estimate the amount of Fonds due an the basis ok eann"f deter and reasonable estimates of eapendithtes of fanum P-screw hems or odierwise InImccOMotm Applicable iAw. The Funds shall be held In on budridon whose deposits are insured by a federal sinsmummtaliity. or rarity (Including Leader. If Larder is am institution whose deposits are so-last&Q) or in y Fe&W Home Loan Banta Lender shall apply the Faads to pay the Escrow Items no bus than ftwe eclrod under RESPA. Leader shall not charge Borrower for bolding and applying die Funds. ttant?ally the escrow account. or vedlylog the Farrow Items, anion Leader pays Borrower iamost on rte and Applicable Law permits Lander ea awake such a charm. Unless an agremheac Is mode In WA ft or%ppliorble Law sequhcss interest to be paid on then Ftmds. Treader shall not ben segnhmd to pay Beaowaer any interest or earninga on the Fends. Bataowrr and Leader can agree in wrddn& however. that hmoeat steal[ ben bald on the 4OL4a(P/) Om q rage a of to Fetm">tos0 1Ia1 ` arm aaasoa (oa/oot ssam:, asoaiaarss _- NAY-16-02 10:30AM FROM-6666241668 • 0 Funds- Linder shall give to Borrower. without charge, an annual accounting of the Funds as requdted by 9ESPA. _ 1f there is a surplaa of Funds held is escrow, as defined under distil(. Lander shallkceunt to Bonrower for the Wmess finds in accordance with RPZPA. If them Is a shortage of lands held Ommw. as defined, under RESPA. I.eW shall notify Borrower as requhed by RESPA, and Borrower shall pay to Leader the amount necessary to make alp the shortage In accordance with RBSBA, but fn no more than 12 moonily PaYluenU If there I6 a deSciency of Funds held is escrow, as decd under RBSPA. Leader shall notify Borrower as required by RBSPA, and Borrower shall pay w Leader an amount aeeessny.tp tnabe up the 4OUCieaey In accordance with RFSPA, but In no more than 12 moathfy paymeata. Upon PayrneaC in Dtdk of all sums secured by this Semaby hugrtunent. Lancer ahail promptly refund to Borrower any Funds held by Leaden 4. Charges; Lleaa_ Borrower shall pay an Cares, assessments, chare. tmcs, and Impoddons aanautable to the property which can atraar prlm* over this Security I6=a UM, kslabold ?pyymmems or grommd rents on the Property, if any. and Community Assocufta Duc4 Fees, anTAlsmments, iWsay. To the eumt that these hems are Escrow Items. Borrower shall pay them in dbe raON erEroviQed to Section 3. Borrower shall promptly discharge any lien which has priouq. ovri ddL-Secudjr o hburument unless Borrower. (a) agrees In writing to due payuteut of the obligation secured b9 die Sea is a taptnaer aumeptabte to Leader, but only so long as Borrower is pedonahrg such agreement; (b) contests the ilea in good aitii by. or defends against enforcement of due Yea in. legal proceedings which in Leader's ophdon operate to prevent the eafonoemeut of the lira while those proceedings are pending, but only antiraack ptoaeed-ings are_ or (e) soomes E= do holder of the lien as agtotanent satisfactory to Lender srtdrotdmathng die Jiea to this Seeadty Insmununt If Leader defrzsahims that any part of the property 1 as to a Yen which can strain pdodW over this SecHrity Instrument. Leader may give Borrower a todioe 1dCndfying the Qeam?`VYuh>a 10 days of the dam on which that notice is given, Borrower shall satisfy the Yeti or take one or mane of the actions set forth above in this Seedon 4. Lender may require Borrower m pay a tae-tl®e change for a real estate tax lredfianion andrr ripoahbg service used by Lender en connection with this Loan S P=Pe+ ty Insurance. Boaower shall keep the improvements now eciuigg or hereafter erected an the Property insured agatust Ions by fse. hazards included whhia time term "extended coverage." and any other hazards including. but not limbed to, eardmquakes and floods, for which Lender romikits insoranoe. This insunum shall be maintained in time amounts (including dedum-we lev and for the periods that Leader requires. What Leader regains puauatnt to the preceding seateneea can change daring the term c& the Loan. The Insurance Csakr providing the insurance shan be chosen by Boaosvar W! Leader's right to d:sepp<ove Borrower's choke, which sight shall not be exetcued unreasonably. Lc6der sasy require Borrower to pay. in connection wilt this Loan, either: (a) a one tirce chile G7flaod02ne de miauioum, eert<t>esution and cmadag services; or (b) a ontatime charge for flood zone detmaknatlon and tali a saviors and sabsegaeat charges each time rentapphtgs or shanar dutaps occur wbkb reammbly might affect such determination or ca tlQeadan. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency VAnagement Agency to connection with data review :of my jLood zone defts ahtatiaa resulting R m an objecdon by Borrower. -4KPA)mast F.aS40#14 r.mw1J:--b m 1 Fetni soma 1101 AM 394746 (03/001 XCElmr, 41091a172f r_ .I .I NAY-16-02 10:86AM FROM-8666241668 sesar4:too :-V(• r•YW/w&1 r-wlu 0 If Borrower fails to maintain any of die Coverages described abor4 Leader may obtain insurance coverage, at Lender's option and Bota wees expense. Leader Is Corder no obligation to piwitm any - particular type or amount of coverage. Therefore, such coverage shall corer Leader. but tight or might not protect Burrower, Borrower's equity In the Property, or the contents of the Property, against an hazard or liability and might provide greater or lesser coverage than. was previously is e[feet.. B rrower aclowwledges that the am of the lasumaeo coverage so'obained might dgdifIcaudy:ercCod ghe cost of insurance tbu Borrower could bave obtained, Any amounts disbursed by Lender underthls Selman S sball become addidonal debt of Borrower ae=od. by this Socttity histr ,.. ea These amounts shall bear interest u the Note tale from the date of disbursement and shall be payable, with each h] Re. Borrower Interest, aeon' notice from Lender requesting lL All Insurance, pouches required by leader and renewals of such poTeiis shall be subject to Leader-s A& to (11"Wtove such policies, shall include a standard mortgage clause y and shill name, leader as mortMee and/or as an additional lost payee. Tender shall have the right to hold the policies and renewal cwd6catet. If Leader requires. Borrower shall promptly give to Larder all w=jpts of paid premiums and renewal aotiees. If Borrower obtains my form of insurance coverage, not otheFwlse required byZ.ender, for damage m, or destruction of. On Property, such policy shall Include a standard mertgdgt clause and shall name Leader as mortgagee and/or as an additional loss payee. - In dx event of loss. Borrower shall give prompt nodoe to the Insurance witer and Leader. Lauder may malae proof of loss If act made promptly by Borrower. Unicas Leader and Bpsrowar: otherwise agree in writing, any insurance proceeds. whether or not the umdaiylag insurance was required by Lender. shall be appIIed to restoration or repair of the Property, If the r atotsdoa or repair is eeoucank aW'feasible and Lender's security is not lessened. During such repair and restoration period, I?endc da bv fie eight to taisea are sae aptly. hold such Insurance proms umdiLender has had an opporumby has been completed to TAmdar's satiffacdon, provided that such to Coleco n shah hah Poopaw be to Lender may didmuse proceeds for the repaiq and restoration In n a a sc jf promptly. ? payment or in seiies?f progress payaaents as the wwk Is completed. Unless an agreement is made In tvn""beor Applicable Law requims interest to be paid oa such insurance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties. nuffied by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the resthxatloa`'tar repair is Trot economically feasible or Leader's security would be lessened, On Insurance proceeds shall be appreod. to die Cons second by this SocudW Irntaament whether or not then dux, with tix one=, if any. paid to Burrower. Such insurance proceeds shall be applied in the order provided for in Seed= 2 If Borrower abendwas the Property, Linder may file. negodate and settle any available insurance claim and related matters. If Borrower does not respond within 30 des to a notice eeom T.mder that tfie Insurance call rrier has offered to settle a claim, then I emaer may negotiate and settle'dx &hn. The 30-day period will begin when die notice is given. m Ohh- event, or if Tender acquires (Tie proopeRy uRdw Sootiem = or Otherwise, Borrower hereby assigns to Linder (s) Batrowees rights to any Imsoranoe pn coeds In an smount not to exceed tin amounts unpaid under die Note or ibis Security Instramco% and(s) any adwx of Borrower's rights (other than the sight to my situ d of unearned premiums paid by B_naowe* urtdec an insurance policies covering the Puopaty, fasaear set each z%hts ate applicable w thi coverage of tfie Prnpedy. T gorier may use die insurance proceeds clench to repair or nature the Property or so pa smotmis unpaid under the Nox or this Seca ft Insa bite , whew er test dam due. 4ft4siPw) tawq page 7 of w ftrrfsosb rat ants %94707 Wx/oo) htacarat, 01091asrag = NAY-16-02 10:39AM FROM-0666241btitl aooac4:auo ... 6. Occupancy. Borrower Shan Occupy, establish, and use the PropWW = Benmwer'r pdocipil residence wlddn 60 days after the enteentlon of ft Secuity Mstrw ent and shall comtiame m coatpy the ginperty as Borrower's principal teddence for u Ieasc one year after the date of occupso9r. unless Lender otherwise agrees ht writing. which conseac shall nat be unttssonsbly wl(hbeld, err fatless exionuating choutasiffice& exist which an beyond Bonoweh" s eo traL 7. Preservation, Maintenance and Protection of the Property, Inspections. Borrower shall not destroy. damage or fmpair the Property, allow the Property to deteriorate or commit waste on the Property. W eater or not Borrower is residing in the Property. Borrower shelf mahuact the'lssopaty In arder_ to prevent " Property from detuioradng or decreasing In value due to its condition. Unless it is detamhud?purasuant w Saction 5 drat x+cpale or restoration Is not economically feasible, Borrower shall promptly topa(r the?ropcrty if damaged to avoid !miler deterioration or damage. if insurance or omaenao- on proceed., ale paid In connection whh damage to, or the eking Of. cite Property, Borrower shall berapansible fbr repairing or restoring f' the the Property only if I,eudcx bas released proceeds for such purposes, Lander rog y disburse proceeds repairs and restoration In At ahtgle payauat or in a series of progtfa-payneuts as the wait is Oomplete L V are or eowdeamation proceeds are not sof6dedt m MEair or rpaoce the Property, Borrower is not reTievod of Boaowces obligation for the compleftu Of SwEr epaar or resmradraf. Leader or its agent Duty metre namable entries upon and fospecdons of the Property. If It has relsonablo cause, Sender rosy htspect the hderlor of the haprovements On ties-prnp"W. Lender shall give _ Borrower notice at the time of or prior to such am laj iuspeedon speoif9mg soh namable eanse. 9. BOrrower's Loan Appliicatiost, Burrower shall be In default W, dining W Lora application process. Borrower or any persons or eatlrlea acting at die directim of Botaower or wi& Borrawer',s kn6wledga or consent gave materiallY false. misleadhug, or inaccurate informariom ear statemit u to I.e:tber to failed to provide Leader with ataterial aforzaadon) is toaaacdpa with the Lana. Matnidrepteseamgoas hwlude, bin - era not limited to. reprfneahtioas oome:eming B=ower's oecupancy of the""property as BO=WeN Principe residence. 9. Protection of Leader's Interest to the Property and Rights iltufW this Security LuEmmeat. If - (a) Borrower fads to pcrfcnu the covenants and agreernem fined is this Sexunty Iasi rmnt,-tb) there is a 1469 PrOcmding'bar might alpfficandy affect Lender's interest In the Propct. and/or rights under this Seearity Instnanent (such as a proaedhtg In banlmuPWy. probate, for coadozonadon or farfeiufre, for enforcement of a lies which may Main priority over this SecuzIW n saunr&t or to enforce laws or reguluionsh or (o) Borrower has abandoned the Anperty, then Leader may do and pay for whatever is reasonable or appvoprfate to potent Leader's Interest in din Property and rights tattler this Seearity Irstromcmt, including proteethug =W= asta>sshig the value of fie Property, and aeenrmg mrQ& repabi g due Property. L.endees actions can Ind-fe. but am nor limbed or (a) pgdog any sums Wouregby a`1ka elide has priority over this Seari(q Ins'tnmenq (b) appearing in court; and (e) V" ra sonable amen ye fees to Protect its hltucn In the Prflpaty and/or rights finder this Security Inshnmeat, of ?clodiag its teemed posidon - ln a bankruptcy prooeedaag, Secaring Pte Property Includes, but is not ifmdteCjp. enuring the property m - xnalm xepalcs, change Soria, 3apbac, or board up doors and wfodows, drain waxer Stan pipes. etimioate bfri?ng tfr other code vtoiat'rpns Or damguoas ooadldwtq and bane ful8'!es fumed an or ofE Although . Lender may tab= echoes hinder fhb Section 9. Fender does not have m do so E' is not, under any dote or ofhBptSOn to do as it Is sgtoed tihu I.e»der Ito a ro liabltilly for not hiring any or alf actions arrhortaed tinder this Seedon P. 43ML-WPNtooaa' 4,^^ Foraftoas 1109 ARE, 324106 (91/06) 61s?tr,Y. 010!391722 MAY-16-02 1Oh88AM FROM-8686241bbb sbs0444soo is 0 1-O,¦ r-wituti r-use Any by dJ2 amounts disbursed by Lender under this Section 9 shall beeconto ?'?dou' . debt o'??wer Security nunrumeett. These smounn Shan bear Imoreat at the rate I}om t5 dlabuuemmt end shalt be payable, with such interest. upon notice &ma Lender to B oaoweM ee date of Payment. date og If Mh If S? his is ott It Leasehold. Borrower shall comply with Re'd1e provWOns eL the Buse, rf BOMMW to the ?m 6ee dde to the property. the leasehold and the fee title shall trot merge Unless Lender- agrees merger in writing 10. Mortgage Iusutaaea If Leader required b6ongage Insurance its it cortdldon of aaakiu& the Loan, Boaowrr shall pay the premiums required to maiunia the Mortgage Iacmeace in effect. If, for any reason, Previously Provided coh??pa?? Lm w to be available from the mortgage instaer that requhed to make sepalldy payments toward the premiums for Mortgage hulgaz ea, Borrower shall pay the premiums kequiredd to obtaln UnveMe substaztdaRy equivalent to the Mortgage Insurance prevhoualy in effect, at a eosLSubstaaJally *Luivaimt to th to Borrower of die Mortgage htsuianee previously in eflat, hen as alternate =xMp insurer selected ed to Louder thtlP/ equivalent Mortgage Insnanee eovm%e is not avalfable. Borrower shall ceased to CM= s o Lander tut of will die iepuaoely designated payments that *m due when the htstnaaee eo age accept. use and ream these pRymeuts as a non reserve In Hen of Morrgag° Insumea Sub loss reserve slon be non-nctmdatte„ notwidu Hng p5p, lact that loss is ultimately the Le loss reserve. Lender iIn ft% can and Lander shalt not be required to pay Bmrgwer my kwick or s on coch, the amount and for ale pailod am longer require loss nova payments ff Mortgage insurance cavenz, M Irada requires) provided by as Insurer woo ted by Lender again becomes available, Is obtained. and Lcndwscq=cs separately dedgnaW bmulance. If I an required ply Mud the Pendants lcWMmWV required to make O Instasaoe as a eoaditlon of maidng qm Lem and Bo®wat separately desiphued POWMACUSIR toward dhe pnetalums for shall pay the premiums tegmired to malataln Mortgage Insurance in etleet, or to pe&Aft°a uiad tble kiss reserm until Lender's requirement for Mortgage Inanance ands in aceordatoe with any. wTiuca_agreement between Borrower and Lender providhhY for we)r aermbnatim or quill termination Is rrguhed?y jlpp&cable Law. Nothing is dds Scion 10 atrects Ba rovices nbugarlou to pay IntemsnLt the rate provided In the Note. lnchu ? a Insurance reftlabuzaas does act, Lander (es pay entigy that phuchaseLthe bfw* for cartafa Imes is may repay the Lora as agreed Borrower is not a pawto the Mortgage bm•nuw Mortgage =Turets evalute dretr total first on all such insurmwe in fo=e from dme• to time, and may eater Into agreements with other parties that share or modify their hdslc, or reduce losses. lbese agLCwnoats are on berms and condidoas that ace sathsfaemry to the mortgage Insurer and the other puw (or panics) to these that 66 a9momauts. These e Insurer bavre quire t e to nataae paymmta usbrg any smt? of funds prtunhttas)_ (which may btclude fiends ofitalu ! hour Mor;gage Insmanee As a Swuh of these agreements. Leader, my purchaser of the Noce„ another hwmw. say tel}ia, any other entity. or any of riimr - of any of the fortlgolai may receive (directly of indiacdy) amounts that dative Emm (or might be Characterized as) a portion of Boa+ower's paymmCt for "A twr slatting or modifylmg the mortgage hrwra's risfr, or inducing losses If aoeh OSteer ° an atlliuac or Leader trues a share of the taspices rhk is exchange for a rtlate oi the paid to the Wavier, the ettaugemm is ohm acaned "captive tslawanW Farther: W Aq Insuramall, Car y such agremena wn not aaeet the amounts that Borrower has agreed to pay for aW other toms of the Loan- ftch agmmenta will not hrctease tae ammmt will Ow Mar Mar4p a Irhsrstuee, and tW wen not eatiNe aorroww tosew reft uL 4jMt:atra,? prasuq 7118 394709 CaVoc) Waa» SLY. 020!1!1722 Form sdsa srot - VAT-co-UZ iu:JWAM t•KUtraoaocsiooa • 0 (b) Any such agreements wen not affect the rights Borrower has - If say - ..kth respect to the Mortgage Insurance allder the Homeowners Protection Act of 1999 or any oFher JXW4 These rights may iaelada the right to receive certain disdostaas, to request and obtain cancellation: of the Mortgage In rAfagebmwatkeepreudumtbativet sure ance, to have a Mortgage Insurance terminated automatically, and/or to receive a refund or nay ws?catMceBane°vs eProoeedsd aII ??aH°n or, termination. assigned b and shad be paid to Lend t FOrteitvre AI eons Proceeds am hereby If the Property is damq;md, such MiseeURIMas Proceeds shall be applied to restoration or repair of the Property, if the rOSbration or repair is erAaomigAy &,asible and Leaders seearky is act lesscW& During su Lender ch repair pas and ratGration per. Leader sball have the right to hold sueh Misoellaaepns Proceeds ?m n satisfaction. pro as o that to hrapeet each Property to ensure the work hat teem coal?plaud tv Lender's raeofxCoa in a ?eWO° loll be tmderdheu prompdy. Leader may p VW for uhesepalm and tio& d'isbaaemeat or In a series of progrras payateurs as the wodt is U•Nar an not be requited to mm pay a buy interest or er' en mm u on t h x& t&vc eewt trsooratioa or repair Is not eeonoorirseally IIy feasible or Leader's security would be Ieasated,i AraPNIi Pro =0035, if ceeds shah be applied to the sums secured by this Security Insuraner, whether or rw4then due, wia, We Section ifany. Peidto azrower. Such Misoellaneom Proceeds sban be spilled is the order pto5ided for is In die event of a total dieing, destruction, or loss In value of the Prop'e W Ate b99c&ammo& Pis sbailbe applied to the sums secured by this seenity Inshomeor, whether or not then due.iwhh am Gomm if any. paid to Borrower. _In ft ever of M. PUVAL taking. dennuctioon. or inn is value of the Property in which the f& madret d= the Of ft amount of the muns Proper secured the pardal ? deanued0% or Ions in volume is bgoal to or Brauer Y Insa rumen lmmedhuei?v befor=4=0= doom, or bee in value, unless Boaower and Larder odierwise agree in wtitmg, the by Atis Sc=mY Insuamemtshall be reduced by ft amount of the hineensuceas Proceeds ?Iled by the or l valtte?di ((vle)? to todl amount of the sans seemed be?t m Oiti Padri ?Ey$esuaelion. by ) the fair aadtet value of the Ro1> , before1 the partial taking, destruction. Or loss in value. Any balance; s ball be paid to Borrower. In Ate event of a PUM MUM dmucdoo, or loss in value of the Property In which theNir market vetch Of the Ptapetty rm? before ft pal taking, desteuctionLor loss is vabie is lass than the amount of the sent: secured fame &ately before the p and takin& deraucd u, or k* in v^a ere, aaiess Borrower and Leader Oduwwlse 2MM in writht¢. the Macenaneaus Proceeds shall be applied to the area aetemed by dill Seou ty %sm-em whether err twt die sham are then due. If the Property is abandoned by Borrower, or if, start aoace by Fader to 190croweri that Ate Opposing Partly (as de5ned In the met sentenoe) arras to make an award to Wtdc a rJafm ?or Bci +awer fails b respond to Lender within 30 days after do data the notice is shorn. Imdajs ? ULgAaet and Y?Ae huscau mum Proceeds oner to testotatian or ZCP& of the Paopcay or to the sates catered by dds whether or not then dun t" means the &W pWW that owes Bo=wer k4 scenlaneoas Proceeds etc the VIM against whom ommer has a right of acdon in vagard to M oodianeoas ptac. Dotrower than be m delaalt if may auior, -or proaadtttg, whedwr dvn eu erhnW Is that, in L nd lodgment, could rrrttk in £oefe ia>re etf the Prgpa;y err erher aeasasat ton ahatmt eu s inwegc ca in S n 19 by a msln8 the action oar sods a de&ult lad. If aooeleaooa mtmg that, is Leader's jodgment. preludes £ardeimm of the Property Or G&W mmtet5d k' mmnt of ?-atPN amn st• te.t see ?? ? '• hyena setae not afII. aaatre (x/001 8'EEattL=; ox0ii9i722 MAT-10-UL IU: SWAM tKU -400a411aaa a?ara+lwwa - 0 T ender.a interest to the properly or rights ender this Sexvrily Tn me The for damages that are auhibatable; to the impairment of Lender's interest !n ads of await or eisim and Shan be paid to Lenft. ate harebY Sped _ In the order Provided off Section that axle not applied to restoration Or rt?y.? die Property ?Et sq f pay - I2. Borrower Not Released; Forhearattes By Lender Not a Walreer_Exacasica ofthe thn e foor r _ me at or modification of amortization of d?e spas secured by this Secadlr lnstrume ni gram by Under to orr o e o or any so in butrest of Borrower sban not operate torelease, the ltabllity of Bortowec or any in Interest of Borrower: Loader 8110 not be required to eommeme proceedings against shy Successor in Interest of Borrower or to refute; to extend time for payment or odwxwise modify amati>ation of the sums Secured by this Security Inapaman by reason of any demand made Sy dye arWwl Borrower or any Successors in Interm of? , Any forbearmcc; by Leader In Mad-fipg ally rfgbt or remedy nteh whbont acceptance of plonents from third ecesons, entities or Sd&essau in 11 tOf Borrower err in amothbts less than the amount then due. shall not be, a waiver of or pr&lade the exercise of any fight or remedy 13. Joint and Seraxi I3 - M ; Cosipaerst Successors stud Assigus-$ouad. Borrower agrees teat. Borrowers obligations and uabilV Shan be Joint and a mml »owever. any Bur . and C"dznr this _ Instrument Sa itY Iatnnmee at but does not execute the Note (a co.dgtxfij; (Wy co-sW Seem only to mortgage; grant and con the eo-sfgtter's irroerex in the?op? 8 ; Y uWM ? °'- .. Ut snsns seemed 4 this U?Mft ld Jt stu ? of this ( nd any otter Bonbwerm can as= n extend. a make aany as with regal so rte tesma of aft Security Insmuncut orFueNe??without tbee s COMBOVIL SuWact to the provisions of Section 18. any Sueow" in Iaterem of Bmrow`er who assuines orhowees obAgations under Oft Sarxidty Instrument; In wr an& and is approved by ,Tender. OuA obtain all of Borrower's tights and benefits under this Secariry Iosapmeac Boamkrr sroU not .be released. tram ablizationst and writia& The covenams; &M liability mtdrr this Security Insaument L=dFc !to Such release k agreements of this Seemuy Iasttument shin bind (except as p rovided in Section 20D and bnneilt the sum and assigns of Trader: 14. Lora Charges. Lander may clauge Borrower fees for smvlces perTormed in eooaedon with _ Boaowe et delmk for the interim IM the Property and rishts under this Suety Instrument. purpose licafted to. protecting eys?fees p--,-t y inrpactiba and valuation fees. In regard to any other fw. the absence of eecpnr= authority in this Semery IOi to Bomower shalt not be construed as a prohibition on the ?A?' to charge a e fee not that are etcp:e * proitibked by this Seca t• Lrstcumeat or i licable LKW. may a toes B' the Loan is mbleee to a law which an msximom laml6barges, and that law h; Heady interpreted so that die interest or odor Joan dhazgea: eol3acted or to be collected in eonnecdofi with die Lam exceed the to ined limits. dial: M airy mreh loan charge strati be redrmed by the amoral aeceswtey to - _ die peanidted Nmk and (b) any MM aheady collected From Borrower which ertceaded Pecautud Ra e w be nfttndcd to Borrower. Leader may dKKM to males this zeflmd by tba pelocipal ?? to a by a direct without to Sotxower. If a sound seduces pelodP@. ?dwM be partial t r abed a for pater tie Noce), nt without my erne nt ?O (wheedter err not a phepa the u efWr®e is will. Constitute a waiver elf ray right of of ? a? rrltimd made ' ??p to Bohiower Action DOICtower might have aehlbhg tat of ands oveadtarge.,, .. . 4ftRPA) Omni is Z- SAM server toa/ool Nna8 0 1101 ascamy, aaotrasavsx MAY-16-02 10h39AM FROM-6666241666 sosM941M 1-aaY r-wwucl r-u*u 0 0 IS. Notiew. AILnod= gives by Borrrower or Lender in connealon with dlU Seauh? Itnstrutreat mss[ be to writing. Any notice to Borrower in connection whrh this Security Ins oustt shall 6? deansd to have been given to Borrower when mailed by first class man or when scmdy deavd ed to Eloz ovwes notice address if sent by other menne Notice to any one Borrower shall constinde noti6s to an barroword mrkss Applicable Law expressly requires otherwtG The notice address shall be the Ptopertl Address lmless Sarrowrr has deal Wed a znul dense notice address by notice to Lender. Bo ro*W abs111 VMMP-dy notify Lender of 9omowd's change of address, TIT eader specifics a procedure for ??ppaanaoogg BoabweesAninge of address, that Borrower shall only report a change of addr+ess through that speotB?psoadrhie. These stay beady Cue ansend notice address under" Security Instrument at arty one titae jiry notice to Iaader shalt be gI it or by marling It by first class malt to Leader's add0ess awed herihh Mess Lender h n another deemed to address been eiv= by notice; to to Swro er. Any notice in eouncodgn whh this 34= ft Insmunenr n rw fists Selcmigy Instrument Is also ragnined tinder any rco regtined by die t rat AppIieabTe Law regnirlaunt will snLLsfy - requirement a oder '?PPTicable Law, this Secur* instrument. Id. overniog Law; SeverabNity; Rules of Construction. This Secud7 locomen A ball be by federal law and the law of the Jurisdiction in whirr the Property Is Iaxt?All rights mu7 contained In this Security instrument are subject to any reQast moots and Limitations of I W. Applicable Law might explicitly or Implicitly allow die pads to agree by amaaet or it mkt but - strch silence shall not he construed as a prohdbi I against sgreement by contract. Ia ddd&&& psovidoo or Chase of this Security Instrunsc t m the Not: coafiiets whir Applicable Law, roadie shall not affect other visions of this Security Instrument or the Note which can be given &ea w-&Vx m the As used In this Seal tr lnathument (a) words of the masculine gender shall mean and Include Correa dla ua+mer words or words of the fmdnine gender; (b) words in the singubi shall mean and ere!" p mal and vice vetax and (c) the word "may" glues sole discretion without spay bbiigadon to take any - 17. Borrowers Copy. Borrower shall be given one copy of the Note and of Otis Scarcity Instrument. M Transfer of the Property or a Beneficial Iata nesI In Borrower. As used fn) this Section is, "Interest in the ProWW" means any legal or beneScial fnte est in the zv including but not had to, dose beneficial Interests tanaft eyed is a bond for deed, contract for deed, Iantallmrat sales dxi cr escrow _ ag:eemcre' the latent of which is the tausfer of title by Borrower at a futare data to a pmohwer. If all or any part of the Property or any Interest in the Property is sold or awnfet ed dot ff Eroaower Is _ not a natural person and a beneficial Interest in Borrower # sold or transferred) what Lender's prior wxlm h consent. Lender may require immediate In full of all sums secured by this Sedmity Iftsunment However. this option doll not be aoad?tLender N such pcesClSe C peoQ kerhy?pa nbfe IoW. _ If Lender exemEus dds option. Isoder shall gtm Sonower then d The nodee shall provide a period of not Leas than all days from the date the notion is given in acemdam with $ecdon is within which Borrower mast pay all arms seemed by thla Security Iaatri mint Xporrower tQ„pgy these amps psitr to tine expiration of this period. Leader may invoke any nemidica panittea by fists Security WsCnment without futdrernadoe or demand on Borrower. 19. Borrowe'at Rizht to Reinstate After Acceleration. If Borrower mtets cd taln couahlons, Boaowes sfiall have the sight w have eoformmeac of tits Security Iasttumeat at any rime prior - to tie esdiew o& (s) tin days before gals of the Papp?r pmsueru m air at set I !a rids ?4y 7nstrhwm , (b) aem& other period as ApPliabfe -Law aright IF 40C th¢ of Sotzowees am that a Borrower: go Xclustaw Lm?da ail sums which Judgment OnEardog that would be this m s S a Ulm martit and as ~ If no so= bad oaantd; M eases any defsatt of any other covenants or agteemk?f:: C pays an -RPA) Pharr Pam taM to Wa`r`• ? ?'? Perar;oss trot AW.9947%2 toz/ooh attsmrrcr, ozesssz7as _ i i i MAY-16-02 10:40AM FROM-8666E41666 MU41 aro Ll a-err r.watuti r-u11u WEC' ?• expenses siacu inspection mad gg this e SecuriW fees, IasaamCat, including, but no0mita to, rexsonal jnot . lnterex[ In the Property and rights under, ,t S d other fees klc=cd for &C Purpose; of No?ol I.euder's O°u' InsC and (d) ydoex such ae'tion as Leader may reasonably require assort and Borrower's at Larder's interest in the Property and rights under thin secorW ylaamem, obligation a th PaY the gums secured by this Security be Leader may "use thatBo[tw= pay such relasatement sums and expenam ?4 ahan continue unchanged. farms, as selected by Leader (a) wit; (b) money order, (c) tamed chack. ? a more of the following Cashier's check, provided MY Such Check Is drawa Upon an hasdmtion WhOSE-Ade0slul am ' insured * it fed eck or ageacy, hasnumenWity or entity; or (d) Electronic Funds Trmtafer by it eral llo , this Sccmity ImMu men, and obligadoas secured hereby shall =win fay Upon a rein etlCCtive lhl a uem if mt by Bo Eiamwer occurred. However. this tight to rtmsrate shen not apply in the case o? no aCCClaalion had _ of Grievance. 71a NAj6 IL 20. Sale of Note, Chapge of Loan Serytoer. Notice t ?luadc Under Section I$ Note (together with this Seaatd{q Iaskume nt) can be said one or more times withan or o Patdai ?? ha the A sae might tesah in a change in the eatery (!mown as the -Lau Ploa notice to-$otnovrcr. - - due under the Nom and this Sxatliy Instrument and performs oche tier ]o colloc PKOdhc Payments tinder the Now, Bib Sea¢ity Iasunatent, and Appilnbsc Law. l7hae also T a or so allptions the Loan Servicer Umdated to a sale of the bk a If there Is a changs, of die t° one r, mme?ges of 9tM warren notice of the change which Will state the ? address of fe new LoBardwar n w be - notice Serviw. s to which payments should be made ad any other info nfta PEWA saw ly cameenon with a am the monger e . If the Note is sold and thereafter the loan is servM by & Loa Saivloer other Purcbwer Of Me Loan Seaviow err be transfed to as o r low IIAM s? and am whh du . by ffie Note r Mess otherwise provided by the Note pmeraer. assagacd Nedlher Bmroarcr nor Leader may commence, jola, or be Nord to nay jadtdd Mfr (+Q either an - individud ildpn[ or the member of a daso that arises from dw other n of, - IuS MM= to that sieges that the oOta pally has breathed SAY ??? pg pan aC ]?aactiorse ns P d fz se dds SeCVdW lashttmat, until such Burrower or Leader has tifiad or ty duty owes bres&vn caapliance with the nequl=cnts of Section M of such alleged breach end d (wkh dt such party raven in hereto a reasonable period after the g[ving of such notice: to taste action. ° party time period which must elapse before certain aetiom can be taken that Limo p ?°+?bee Law obv? a time for purposes of this paeLgcaph. The, notice of iec?po and opportunity t10 eme do MVrSfi deemed to be. Sallower reP=WUble to Section 22 and the notice of amaiaedon =Ives n 8oaower p?O? 06 n shall be dmed t [ exeped to satisfy Oat notice and oppertaaity go take eve aatioai ci ft 20. 2L ><Iazardous SubstnMS. As rued in this Sew 211: (a) this MasardoUS Snbstsuces- are those Substances der"med as tmdc or barstdoaa cabaemceN, Poihaaats, on wastes by BRIAMsoneafal Law aid the following gaaobno kerns me. who flammable or bide peuolenm products, Mxk peOdclde s and g "ctrl Law' tneaas fadad laws and bms of jury?aiat what t Pmpcgr It laeateT t tcb te) to ha1O4 safCty or envlopatrtagW p e4 (N 'Bmriroameatal IMMOM baelUdas my respirm action.' - - roaaadW sue. or removal aetioa6 as defted is Baft= ma nd Law; and (D era' ?oon?enntMbadhioa" -- mesas a condition that cam cease. conutmte to, or otherwise uigger an Eav4ottat?btal Cleanup. 4ftaIPN (coon page IN of is w+r.-s C. ga-W - - Font w= 1/01 aaL aaavza (ei/oy) LAY, otosi)2.vs2- - - NAY-16-02 10:40AM FROM-8686241666 8666241668 T-878 P.016/021 F-080 Borrower shall rot cane or permit the presence, OM disposal, use. orrrletue 130 any Subsmrces, or threaten 10 release Bay 11ftcludi5as Aopcey allow yc= Iaw w0°btch araites mom. any?htg aAf ( (e, that is ° a do any Envjtoamental Hazardous Snbstaooe, ereatts Eavhbmaeutd a condition that advr? at?am the ? c ? ' ? it a _ sentences shall not apply no the presence, more, or oa the FVqpe"Y of ' two Substances that are generally recogm[zed to 6e to normal rrsrdartlai o>a uend to andd ?iiamtdon the Prqpcrty narroer wmlding, but not limited t°, aahsmnoes in cot>smae; pradaets). _ of otter action promptly give 7 ow written a0(ice•of (a) any in claim, pd.?awsWr or by err 8overameaW m regm(uory agcy or private a?,q I? Hazardous Substance or Envhoameatat Law of Which Botrowerp vo the r ptrro]?utY and any Bnvhmmentd Con(Iition, indudutg but not limited to, ledge; (b) any release of azardous any which ' and (C) ray oomditipa? H cars CF, y P to or threat °= - adversely aff=ts A-MM of the IMY governmental or anthori4y, any PrivateOf du ftwerty. if 8ou+oiree Sums, or is trodfled by Hazardous S adatx a -11101821 re[DO y?r Odl ll??a of any Bnviroomental t..leamm- I.aav. No>biai h$ any dyHPdn Z.puder for an 22. Aaetera - BorrOwe's breach acceleration under art ?ear?ed; and Lender fuby this rther in the foredostae p aoaeleraHon and fern 1evvIIdAMM.BcEwwwandT.*ude fun flea; Remedies. Leader shall give notice to of any covenant or agreement in this Section 18 aniets Ap heable Law provides (a) the defaalt; 9) the actin requh-a d) diatyfailure to tare the default as a) Inform 13orrower offtthe ti to rdud +ft in ire nor-eaistotx of a def the derau@ k not cured as stMs secured by this 14w.e,. Wv .z " m ateea:r(tuou or the vial Proceedfn? and ade or the Property. air aealaat?oa and the right to assert or Other delknse. or Bormwev to Ciflult Lander uptIon -•v •wwvx ears rsectrrrq XMIRUTMtent by jodiW?ip -- -' Instrum ? won ?en ?°and aa(ndd expenses inamm-ed hr P the remedies proYrdad is lids e?oa 7s2T.shall di entitled to eotket all atinrW 23. Of All SUMS Secured this JV fees and costspo?f evidence to the aottntyPermitted b A??>iic,,a?blee Lawaw. hint not limited to, S this Uj7:d triroiasre and become void. Aaw such ooenq, T this ?tit zecotdatiort and du ePel oom• y g of the erraitBrAstrumen lad iarMr4? a Ze is paid to a ? party or servbei rran ? tfhe ec, is defem in 24. Waivers. Borrower to ft erdmt by Applicable Law. waivea and releases error fume laws ptov for stay Of etecunons and hereby waives the benetIt or cf or been time, O"MPtfott Crow attachment, La ry' sale, and tement Period. Borrower's time m relasmtaProvided in S-atio ig yhan yo one hour to the X26. P Monte of hjdftZ at aafiriiff s Sao oe other sale pia enact to this Security lasetumeuL Q7 ?lcortUMor[gage. H oaf dm debt 27- mxe= Harrower that the jateraft Ieaetrat?Rats After J ?• t? " lnsaument shallbe a ppuobasa m nnor' 'is lau to ea"Old an We Now or in an action of tnortM* laver om $ban be finmtr due m is (OL4(Pl) most ass asavzs (oa/oo) P•P Ua 1a amm't, .. n? - Forva aoaa vet elealaLM _ti WAY-16-02 10:40AM FROM-8686241666 0 8686241668 T-878 P-011/021 F-080 Is BY SIGNIbM BELOW. Bc=wer accepts and asmes to the oetmx ono oovenams contained in this Seca ft Iatttnment and in any Rider eucuted by Baaower and recorded with it: Witaesses: e - ?r/i N?.bs- ersaes x. » ?l? -- zxz- •8anower (seai? -9anwwer - (SWO - - - - - (s«A sam"rer senvwar (SWD -Hanawer - (seal) •8m,awer CgeaD (SeaA 43cmmer -8arrewer t(t-qPA) taoeq r n 116 of a leerm eo" trot asn ae471s (os./ee) umczx w, aaaeisit?Y z._ c . MAT-16-02 10=4aAM rK6Vrooooc4iooo 1l aavac+luuo 1 VI• IVI VI VYI 1 V?V cerrM2u ofReskLMce the ===address of the whhia-aaaned Mortgagee is , do haraby certify that 16030 Avestan of Sale=e, *:Loo, San Diego, CFA 92128- - f Whness my hand tits 28th day of September _ laoi - ?1Y1('? A ? r1?C'1 L-'l'? CSC - waesc ?.tsaaee srohqrw? agj2r,y?rp rr???? _ - 8 S2 i'V'A1l99L7'ev aAG- County it On thus, the -6 sfPTrr m vn fSO ( before me, the d=4wd of=. pmonany Mmmd °f ?17C, c)4a?.c 14. -177- ) whose kmowa.m me r a? 4?Othey?ezc=ted the == for dxe `w propoom ses i herds ?n coAtahnbt na td. he within WsftT=i t ind IN WMESS WIMMOF. I hereunto sec my hand and off hd seal, t My con nFvv= _ a - NOW CIFWVWW4 lid= Eq&eas Jerpery a, 2003 My t".enon --- .- - -t 4ft-SMA) coal Pa" is 0 to `- Porn Vaal wai " I MM 3947L.a (12/00) 3MnMy, OICBLSL722 NAY-16-02 10:40AM FROM-8686241 b6tl tlbtlb[aibbn i-n?? r.uiriuci "YOU ARBITRATION RIDER THIS ARBITRATION RIDER is made this 28th day of September 200-%, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed -6f Trust or Security Deed (the recite eonnv s Note ro instrixnento) of the same date given by the undersWned (the _ Adjustable Rate Note (the Noteh to Accredited Home Len4ters. inc., A Callfo=ia Corporatism (together with Its successors and assigns, the `Lender), of the same date and covering the property described M the Security instrument and located at 1L.TROMS DRIVE, t+18CiM=CS73=G, PennaylvaniaL 17055 tPmp" AAdrsnl 1-ender or mement to Arbitrate. By signing this Arbttratton RIdgb you agree that either you may request that any claim, dispute, or controversy (whether based'upon contract; tort, intentional or otherwise. constitution: statute; common law; or egW , and whether pre- 6XWWlg, present or future), Including initial claims, counter-dales, and thrrd-pariy olalms,-arislng from or ,relating to the Note or the Security Instrument or the ralafmnehlps vAdch insult from the Note or the Security Instrument, including the validity or enforoeaWilly of this Arbitration Rider. arty part hereof ar the Note or fire Security Instrument (a 'ClakrY?, at)alI be resolved, upon the election of you or us, 1)y binding arbitration pursuard to tide Arbltratfion Rifer and- the applicable nnles or procedures of the arbitretion administrator selacled at the time the Claire is tiled The Party timg fhe anblttation prooeedhlg sha11 have fhe right to select oar of the foRowl* three arbitmtlon administrators: the National Arbitrretion Forum CNAF'), the American Arbitration Asg tlorr ('AAA7 or JAMS/End[sprris CJAMS7. fY1e arbitrator aha(I be a lawyer wtih more th ii Ire Independerif and/or uJgMS may be o7taMed try M to or eat8ng these organtzaUons at the addresses and/or telhphons numbers listed below. IL Location or Arbitration. Any participatory headrig that you attend will take - place in the city nearest to your residence where a federal disMct court is roosted or at such other location as agreed by the parties, C. Costa of Arbitration. If Lender files a Claim, Lender shall pay all:filing dusts. If You Me a Claim, the filing costs shalt be paid as follows: (a) (,ender agrees to pay for tee Initial cost of the tiirtg the Claire up to the maldmum amount of $100.00; (b) for the Ong , r In over StaOA0. such additional cost shag be divided equally between you and the Lender up to the amount a Ued by the arbitration administrator fora Claim equal to ur Ivan amount: and (d) all co sts over the amount clamed by the arbitration edn 1r0sft tw for i Omdm al to yw loan amount shall be paid equaftbobvean you ail)Ia+. 7be coatF is done fug day of arbira>?on saufts?w? be` shared nuns ng Parts Younaandditehe Lender shall each beer the that sensed a)Q7eRae of th r f eerir respective the attorneys, AQ 004102. (5/00) affiILY. OlODll1]2,2' - C.1 '/.13x Page I of 3 - MAY-15-OZ 10WAU tKUWbbbbZ41b5tl 41040441999 I vii ,.Y?YI YYI 1 YYV fees. except as otherwise provided by law. if a statute gives you the-igfirlo recover these fees, or the fees Paid to the a llMon administrator, these Statutory rights shelf apply In the arbltratlon notwithstanding anything to the contrary contained herein. If the arbitietol'issues an awa fd in the Lender's favor, you will not be required to reimburse the Lender for an teas the lender has previously Paid to the arbitration administrator orforwhich the LendefIs ponsible. D. Applicable Law; Judgment This Arbitration Rider is made :pursuant to a transaction Involving interstate commerce. and shall be governed by the Federal Arbitraton Act. 9 U.S.C. Sections 1-16 (the FAAJ. The arbitrator shall apply applicable substantive law odhdstent with the FAA, including lava concerning reception, rejection, and eonslderation of eevvk(dfeerrj3o?e, and shall provide written reasoned findings of fact and conolusibns of raw.- The "Iii torrs' award shall not be subject to appeal except as pearAWd by the FAA . The parties agree that the award shall be kept confidential. Judgement upon the award may be entered In any court-having jurisdiction. All statutes of limitations that would otherwise be apelioeble shaft apply to any arbitration proceedings. E. Powers of Arbitrator. The arbitrator shall be emPoweied to Impose sanotlons A and to take such actions as the arbitrator deems necessary to the same extent as could be imposed by a judge pursuant to the Federal Rules of Civil Procedure. F. Additional Terms. This Arbitration Rider shall svr ave Mpayment of ydur loan. If any Portion of this Arbitration Rider is deemed invalid or unenforcedble under any law dr-Ale ute consistent with the FAA, itAhall not invalidate the remaining portions bf fI,'•r Arbitration Rider. In the event of a contact or Inconsistency between the rules and procedures of the arTfitration administrator and this Arbitration Rider, this Arbitration Rider shag govern. No class action or joinder or consolidation of any Claim with the claim of any other person are permhted in arbttration'withcut the written consent of you and the Lender. .71. G- Claims Not Subject to Artiltratlon. No provision'of, nor the exercise of any rights under this Arbitration Rider shall limit the tight of any party ifurin0p"the Pehdency of any _ Claim, to seek and use ancillary or preliminary remedies, judicial or other-Olse, for the pu se of tnaMdna upon, preserving, protecting or foreclosing upon arty properly involved in any CUM or subject to the loan documents. The use of the courts shag not rwnsf>tute a waterer of thi right of any party. Including the platnW. to submit any Claim to arbitration. nor &nder inappgeabie the - compulsory arbitration Provisions contained in this Arbitration Rider. THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION 139 EITHER PARTY. You may contact, obtain the arbitration rules of, or file a Claim with NAF, AAA, or JAMS as (allows: Nations! Arbitration Forum P.O. Box 60181 - Mbnneapolle. MN 66405 (a% 47i-2871 Code of Procedure. American Arbitration AssoolalLon 1150 Conneetlcut ave., Nw 6 FI les JJCM1JEnd isputa } Washi 26 n' D55 20036-4104 MMMA&M ampules of Consumer Related Disputes (Clalmis under 1$110.0 ). Commercial Arbitration 700 11 St. NW, Sutte.950 HtI q ington, 0'0. 20001 Ftnsncial Services Alltratton Rules and Procedures rye. 004vez I5/00n salxrrr, 0102%91722 - C. )4 Ti= Page 2 cf 3 NAY-16-02 10:41AN 16RM-81111M 04tl vavvc?ivvv -.•. •.. ... BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Arbitration Rider. EkwESwer Q+ARMCS H. Ye III Date Boaowrr - - - _ " B°a°wtr Date Boaower _ Date Borrower Dft Bv¢mwer i ?. _ - .Date Benower Date Borrower __ Date MM 004703 9100) zmzms. 62.e93.93,722 - - Page3 of3 APR-05-02 01:08PM FR0Yh8585241558 oaoacaiooo 1 YYV 1•YYi/YVI .Y. Moreb 1, 20M Clarence Hzinley 11 Thomas Drive Me0hftf4$bkkM PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YO ' & %-PUR HO1 IE FROM FORECLOSURE O1V1?Ot91?1S1?'S M '?'r3 lr'E ASSIST NCg A1??lAp?y7$Y be 1?1s to heki7? 7be ?1i3? t? lams heFr the ?g? am Conn9elinQ Amm. This Nod" cotes h?ototnt 399 hdmmdm If yon have my qn ,:e ves at the ck==cr Ctaft mey be able to help a ggft ft. Yoamay oleo wmt to ccwW = at =y in yeur mm T1w localbar maybe able tab* ymfma a httvm 1A NOTIPMAC10 Bf AUUnnM M DB SUMS 59ORT"I-k rid=s AP=A SU UMMMO A Cm1nmm V1V1a0 W ar Win m 190 COQIm cm mm MBSTA NOTIF'lCACZON OWMCM UNa 7RADUCCION Saw= TAM IX.A?MANpA MA tAiMq M ammaYLvm"nOU5mmxhm EAGFMM Sn;CkRMM og.M M&R0UWaCNADQ A"M& PME4 SM EERMW pMtA UN n= MO pC1 W. HHXW "I "M* "BOMOWMS M&MMMY CM ASS18' MM PPZGiF.A11R° IM CUM. PU= SJd.V,AR SUC.ASAMT.APBtt YMDMt)MM HOARBDDMSUr4M=k C1ec+euee pROP$$Z'yp Aeial? 5 LUANACCOnW1ffRElz; 4109191= optumTA.LLWB&. hd law= APHS-02 01:06PM FROM-8585241868 MUZ41000 1-90(. r•uuatuui r-uau CURRENT LENDERISERVICEN A Flo= Lmdas IH WWWNERS FhGMGWCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELMCIIBLE FOR MWANC AL ASSISTAiriCE WMCH CAN SAVE X=RQU E FROM EQR CI Q9= AND >W YOU MAIM Fgn=MORTGAGE PAYME W. IF YOU COMPLY WITH THE PROVL91ONS OF THE HOUMVI aR'S MAERGENCYMORTGACM ASSISTANCE ACT OF 19,33 (THE "ALTO), YOU MAY BE BLIGI13LE FOR ICY MRTCAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF DE NG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IFYOUMEBT SBSTABLL OMBYTIMPEMYLVAMA HOUSING F1IQ= A(ENCY. TFI 2DRAAY STAY 09 2989MDS M-Under dw Ask ysm = cMod W a UMP UW ctay of fatodw=an)uzmottpeEor*hW(30)daysfmm herecciptoftbisNotice. Dmiug*dd=yonmm ryinga amd ahead a "face-to-face" meeagg s atte of the ama?ac credit oeu ing Iiacd tt the c d of'llas Notice. TMEILIE+TIldGMLgS000LnLWnNKTSB(301DA3MOFRWMPT(nMNOTIM IFYOU eauaseling ageadts Mated at the aft ft date of Na mos mg. necessmy lb whedwo am hcmoam meadag: !_5-If you meet VA& ane of the a eti crc&t mayNOTtabe acdoaggaiastyon forft4?(30) days Leader iwmadateW ofyourhdmdom Itieady Iggxiu?isldadce(seefaAowi ppgeatoes?edSci AMXCATMNZMNMRTGAXM&%SLTAMM-Ymmwop ? aboatfbeaaatteafymddeM lfynaltao hied andavuombletoresolve9aspraMmwi&tleeImder,youbsmtleAgM toapplyseefiwoM from the Home vaese s Emergency Mortgage Aaeiatance Pm*t. To do a% sm may fill aat, eigta and f1]e s ca nplftd Hom mwncft Eme ncy Ace Pft m Applieam wi&cm of die des paW ca cwt wwmling a$eada listed at the end of?is No". 0* ammcner arft e:oaaseliag Vales hm ft WpkCat m for the Your appliastim MUST be filed or pommaftd with tbaty (30) 4M ofyyow 60640- moeft& YCIUMUSTFMEYOUP.APPLICATMPROBeMY. IFYOUPItiELTOD0800RIFYIDUDONOT FOLLOW 7980m:R.TIIdumdons BETFORmiNTHI'8 LErrmt.poEmcL mI x&YPRocm AGAINST YOUR HOME DAMMIATELY AND YOUR APPLICATION FOR 'IiGAGS ASSISTANCE WLLL BE DENIED. AOELICY wc'riaR?.Available fimda fnr emagmoymarW& mdstamce ara very Smimd. rl:ey wMbo &*amcd by the Agemay Hach tie: eaiteaa mWa *cd by me a4ct. The Pam *md& s I: ?Y ? ?Y (?) ? to aeabe a dexssinn a!!ac itrneeivea yoror a®. Deriog that time, ao 6oectirolegtre APR-06-02 01:06PM FROM-8686241668 Iw*=HngswMbcP=vlcdggdnOtyouifyvwhavomct&c imerequirrmutsaefm&abumYonwillbonaMed direadY by the Pmmsylvania Aousfag Puce Agency of its decisim en your Mpaca&m Nca. IF YOU ARE CURRENTLYPROTECTED BY TfM FQ.tlti G OF AFMMON IN BANKRU71 1 TBE FOLLOWING PART OF TEAS NOTICE 19 FOR Yl MOdATION PURPOSES ONLY AND SNOMD NOT BE Cf 1NSIDEM AS AN ATTEMPT TO CaraEcr THE DEBT. (Ifym have filed bpz$uptcy you = ace apply for Ibnmrg=w Mm%age Aostspm) EIOW TO OUREYOUR MORTGAGE DEFAULT (Bring it uE l NAILME OF THE DEFAULT-The DddRTGA(M debt hdd by the shove lenda an pourpropaty located w Il Ihmm Dd3m Mcobmiasts= FA 17055 IS SERIOUSLY IN DEFAULT beca m YOUHAVENOT MADBMONTSLYPAYhdlNTSfordm Nlowmgmmllm tmdtltefollowmg amflunumnow past due; mm)L=ntelY 5687.13 fur the moatba of Januazvj . 2002 tbmoh M=h l_ 2002 Odut cbagn: 1 32.92 for law cbmm TOTAL AMOUNT PAST DUZi 2 .3 HOW TO CURE DEFAULT-You may am ft s default wifin T TY (30) DAYS of 9w receipt oftWs Nat bw MY PAYJNG TM TQTAL AMOU'NT PAST DUE TO THE n It a, WHICH IS VJWl PLUS ANYbdOit7."GSPAYMEbMANDLATE OiAR(3ES VMMBECOUMDMDURIWTHE7BlRTY (30) DAY PERIOD. PZymmmtsjnnd be made either by SUL gosWda certified dank or?ex SM& made d *am - Paul Land Aawadhod Soma Leodas 15030 Avetme of Sam= Suite 100 Son Diego. CA 92US >F ? WMIMM 75 FORYM O EMPIPON The rriMpMd pwpmty willbe sold by to ShmiH to pay off the mortgage aebt. rf the knd sPi ycw case m its auotmq% but you am tltc ddhwpan y b do lcodCt begtm legal Peaoeedmgs agaiast you, you will still be mqulred to M do raaaatable aMom%Os ho that WOM whwlp incuaoee, up to $MOD. H wover, if lmd pwwcdinga wo atoW gpnm M you will hm to pay ali sddad totlte ? ym owe ie w hm &Uo kdad offim 1 c?w ?f va can gW?Ien APR-05-02 01:06PN FROM-8585241568 8585Z41568 root r.uua m r-ucu Ism MS -The leadermay sba we yuu per=sU ? fbridle lid ¢nCW Wme ad aU Other mm due under ft mortgage, ?+ in?uerrwt.t rxlcrlt'tu r?Kk?Km? ewrFr.IfyouhavenotmmdthedefmdtwhWnale TT IY (30) DAY period ad fawctosure p=cedings have began, Ynu still haws the right mn the deihnlt and uzevcntffie?aleata?timeuoto?ehovrhe?aretl?eSheri?'sSaL YQUmavdneelSvDavi,+QA,r??a???e„ AmLaomwAlif „n Am .,.,,.,te a. Cadng you default in the maaaer set fastlr in this mice win restore your mortgage to the ssmlo poamm as if yog had never 4&ulte& 9M MT- MT- MSLSLE S -MUDS SA,_, UM-It is eadmated that dle carkast date that Meh a naiiTS Sale of the mortgaged pmpcrt}r could be hold Weald be aPPronm rely riots moms tMIR Of date of *h NOAM A aodee of the aural date afthe SheriSa Sale will be sent to you before the mim Of comw., the mw= needed to cm the def6iult wil b=em the longer you wait. YOU msy able nut at BUY time mc4Y what the requiaedpaymemt or action will be by contacting Ore lender. HOW TO C= ACT l• Mmresa. , Name o ee Hahne Lee$ers Address: 15M Avenge eC cfewe Sft 100, San Qi n CA Z 28 Phone Ntmrber & - C3 Fax NmnTxr 1-858.716-1628 CoareotPe?soa,: nl ,e' Yous4rncldzoatinothataShaiffs Salew?ll?youra+ovnasbigo?mortgagtd PvPcdy and Your sight to opmW I If you conc®e to live in a>o propaW ider die M d ffs bate, a ltt pmt to remove YOU and yoha ImnisYqp and, ad= beluagWp cmdd be arced by rho lender at gay tiara Ycu mly or _rW R6t wM ar traoIII, , awhoursto abuyer ostrs?afalocwllo wiilass?etremortBsSadeht?P>onvidedtbffidlthooudtaad?gFdndattomy?s fees and costs are paid prier to or at the Bale lad drat the otherrecp> =,Ws cf gm mastgage ate satiated. YOU M&Y ALSO HAVR THE a Gams - TO SELL THE PRCOPBRTY TO =AWUMMYTOPAY 01W TM 11?d000GAGEDEBT OR TO B(3AR4W M0NBYFRC)M ANOTtOR LMMWG 1NSTZTVMWT0PAY M7 TIM MT. TO GAVE n= DEFAULT C[1RFL BY ANY THIRD PARTY ACEM ON YOUR BEHALF. - TO HAVE THE MORTGAM RMORM TO TEE SAME POSE= AS IF NO DEFAULT HAD OCC'Lmmo IP YOU c mB THB DRFATJLT (HQwnm YOU DO NoT HAVE THIS RIGHT m am YOURDEPAIULT MORE TO" TEMn TAM IN ANY CALMMARYAR) - TO ASSERT TM NONEXMMCl: vF ADEFALILT IN ANY FORECLOSURE PROCEEt= OP. ANY OTMM LAWSUIT MSTrr[T = UNDM TER MORTGAGE DOCUMMM. - TO ASSERT ANY OTHER DE ENM YOU BEiMVB YOU MAY HAVE TO SUCR ACr= BY TIE LSNDE,E, -To MEX PROTB=ON U1V 3M TIM FEDMIAL BANIIOtUPTC'Y LAW APHS-02 01 WPM FROM-8585241560 0402441204 /YV, .... btlR CONSUMER CREDIT COUNSELING AMNCIES SERVING YOUR COUNTY9 PLYAGE SM TIM ATTAGEMD LIST. NOTE: IInim yon Do* A& office Vdaft Mm (30) dayt after reeMing tbb zoom that you dbpote thuvalidityofthisdebtaranyporpand tleiaofficewMaisamefleattkede tfavafld.Ifyounotifydds office 3 A wr do gwMin d&q (A) days &M reL dit this notice, this dke wig: abaft mVk*dft of the debt or obtain a copy of iadg uent and moll ynu a cagy of such judgment or veriLaatiom You at Also adAu d that any information whi& yaa tappbr to Adis of kt may be used by us in ft uigectbm of the debt; If you request dds office is writing within thirty (30) days after receiving this. Sls atSa will pravt& you wits tine name a=d address of &e origtaal u tditor. Althoup> we have regarste d that you matte p*wnt or provide a valid reason for uoupayueent, you Am bane the Might to make a written request, within thhU days of your re:eeefpt of Q& Police, far more information about flee debt. Your righU are described 5trttter, berdeafla. TSE znmwn air T8I& cd dTIQN IS TD COLLECT A DEDT AND ANY RMORMATION OBTAMM vices, W OM FORTHIS MJR'POSE. SENT VIARBGULAR MAIL AND CERTMM MAILNU&MM 7001 2510 0008 5228 9749 MEMNRECEPT REQUESTED Bndosc= Validation of Debt Notice APR-05-02 01.OTPM FROM-8585241568 8585M M i-ooc r-miuu, r-a&9 Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (n=) CIS t9C 1692), a consumer debtor is required to be sent the following notices (i) unless the eonm=mr, within thirty (30) days after receipt of this notices disputes the validit,7 of the debt cr any portion thereof, the debt will be &amused to be valid by the debt collector, (sy it the consumer notifies the debt collector in writing within the thirty day period that the debt or any portion thereat;, is disputed, the debt collector will obtain verification cE the debt or a copy of a Judgment against Cho cmaauser and copy of much verification or Judgment will be mailed to the consumer by the debt collectors and M upon the consumer's written requedt within the thirty (30) day period, the debt collector will provide the eonsuser with the nm & and address of the original creditor, if different from the current creditor. Our demand for knmedtde psym U deer trot eltmfnate your right O dfgg* this debt vidda tlV dqs of receiptaftbiraatice. Ifyouchoosetodoro,weareregeirredbylarrtecmweureoBaaisseffuUwr we6ar =dWd that taforasaBM to yon. A1th9gAwebaverequeSMdQU.j6ota bpayumterpmVidea.alidrW6Mfarsengayasat,yepsffihex tW flat to tmdu a wMtten regncs4 thirty dip of ym itet t of Mb Darius, ftr :here bofafletGm sboattbo dtbf. Your rights are desntwd further, herdmfter. The law office of itoamc IQS emm An CSI rF P.C. is acting as a deist collectors pursuant to the F=A. Tats ROT=Cz A= LaSJM A= AA IlY>'85M = ==LIT b DOOM AM tom' TWOMMM OBTAXMW WXM M "In M TM PORPGSR. The 88dewal Trade Commission has ruled that Tina sDCPx does not preclude the i.tseti.ttution of legal action Prior to the expiratiedn of the thirty ds7 Period. Acceptance of funds and reinatataWwt of the mortgage are both subject to verification by 3¢y elienta Please note that Y may be inn' ebad to proceed with foreclosure and Ease, coats wad/os advancea by the Mortgages may be due is addition to the am quoted above. Please furtber note that nay funds tendered will be subject to verifidatipa and ommactneas before thD matter Le cancladed. Ploame fool free to contact this office upon receipt of this notice should you ]save any qutestioaa or concerns. Date.- A,gril 2, 2001 Terrence J. KoCaba, Require RaCabe, tteieberg, a coxmay P.c. Firer. VALOIS ftuilding 123 south Broad street suite 2080 Philadeiphis, Fb lt?sog VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Exhibit "B" ACCREDITED HOME LENDERS, INC 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Vs. Plaintiff NO. 0;. A %j q CLARENCE HEINLY, III 1 I THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant COMPLAINT IN MORTGAGE FORECLOSURE ANSWER AND COUNTERCLAIM 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 CLAIMED IN THE COUNTERCLAIMT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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 TO FIND OUT WHERE y0U CAN GET LEGAL HELP/ PA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PENNSYLVANIA 17018 800-692-7375 ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO._01-,2 4 39 COMPLAINT IN MORTGAGE FORECLOSURE ANSWER Admitted. 2. Admitted. 3. Admitted in Part' Although it is admitted that the land in question is known as 11 Thomas Drive, Mechanicsburg, PA 17055, it is denied that such property is subject to any valid mortgage for the reasons stated in the COUNTECLAIM. 4. Admitted. 5. Admitted in part and denied in part for the reasons stated in the COUNTERCLAIM. 6. Neither confirmed nor denied. COUNTERCLAIM 7. The averments of Paragraphs one (1) through Six (6) are incorporated by reference, and made a part hereof. 8. The subject mortgage was not a purchase money mortgage, but was a refinance of Debtor's first mortgage on his principal residence. 9. Plaintiff did not comply with the Requirements of the Truth in Lending Act, TILA, namely, Plaintiff did not afford Defendant the opportunity to receive a copy of the notice of three day right to rescind, as mandated by TILA. 10. For said violation, Defendant is entitled to recission of the note, and recission of the mortgage, reasonable attorney fees and twice the amount of any finance charge. WHEREFORE, Defendant requests that Plaintiff s claim be denied, and that judgment be awarded against Plaintiff in Defendant's favor for recession of the note and the mortgage, Defendant's reasonable attorney fees and twice the amount of any finance charge on the mortgage in question, pursuant to Defendant's COUNTERCLAIM. Defendant requests a jury trial. Vicki Piontek, E ° squire 1738 E. 3rd Street Date Williamsport, PA 17701 570-594-2199 ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above captioned matter, and that on the 21" day of June, 2002, she sent by first class U.S. Mail, postage pre-paid, a true and correct copy of the attached ANSWER AND COUNTERCLAIM to the Plaintiff's attorney at the address listed below: Gregory ravardian 1310 Industrial Blvd. 1" Floor, Suite 101 Southhamption, PA 18966 Vicki Piontek, Esquire 1738 E. 3'd Street Williamsport, PA 17701 570-594-2199 (Oalo2 Date Exhibit "C" THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 C-) c? C rv Attorney for Plair r€- £O' -- ACCREDITED HOME LENDERS, INC. COURT OF COMMON PLEASE Plaintiff TRIAL DIVISION CUMBERLAND COUNTY VS. No.: 02-2439 CLARENC Ti? H. HFINLY, III CIVIL TERM Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM 7. The averments of paragraphs one (1) through six (6) are incorporated herein by reference as if more fully set forth at length. 8. Admitted. 9. Denied. The averments in paragraph nine (9) constitutes a conclusion of law and no response is required. By way of further reply, Plaintiff provided Defendant with the notice of the three day right to rescind in accordance with the requirements of the Truth in Lending Act. In fact, Defendant signed the Notice of Right to Cancel and acknowledged receipt of said notice. A copy of the signed Notice of Right to Cancel is attached hereto and made a part hereof as Exhibit "A". c, -n T- _p -i 10. Denied. The averments in paragraph ten (10) constitute conclusions of law and no response is required. The same are therefore denied. WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant and requests that Defendant's be denied. VARDIAN, ESQ. DATED: July 9, 2002 Exhibit "A" NOTICE OF RIGHT TO CANCEL Loan No.: 130` 0109191722 Date: September 27; 2001 CLARHNCH H. HEINLY, III Property Address' 11 THOMAS DRIVE MECHANICSBURa, PA 17055 YOUR RIGHT TO CANCEL: You are entering into a transaction that will result in a mortgage, lien, or security int=st on/in your home. You have a legal right under federal law to cancel this transaction, without cost, within three business -days from whichavcr of the following events occurs last; q-- _ _ I. the date of the transaction, which is or 2. the date you received you Truth-in-Lending disclosures; or - - 3. the date you received this notice of your right to cancel. _ If you cancel the transaction, the mortgage, Lim or security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the mortgage, lien, or security interest onlm your home has been cancelled, and we must return to you any money orAmperty you bavg given to us or to anyone else in connelion with this transaction. You may keep any money or property we have given you until we have done thelbhtgs mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the prixtty, you must offer its reasonable value. You may offer to return the property at your home or at the location of the propmty. Money must be returned to the address below. If we do not take possession of the money or ptoperty within 20 ealeadar days of your offer, you may keep it without further obligation HOW TO CANCEL; If you decide to cancel this transaction, you may do so by notifying us in writing at: - _ Name of Creditor. Accredited Home Leaders, Inc., A Califocaia-Morporation` Attn: Funding Department - _ ° 475 Kilvert Street,'Sete 300 - -- - warwick, RI 02886 - You may use any written statement that is signed and dated by you and states your inteAUon to cancel, or you may Use this notice by dating and signing below- Keep one copy of this notice because it contains important information about your tights. If you cancel by mail or by telegram, you must send the notice no later than midnight of (or midnight of the third business day following the latest of the three events listed above,) If you send or deliver your written notice to cancel some other way, it emu be delivered to the above address no later than that ame. I WISH TO CANCEL 4W L 1 CoasumarIs Signature Date CLARENCE H. HEINLY, III - . .. .- _ - -- - _ 1, THE UNDERSIGNED HEREBY ACKNOWLEDGE, THAT, ON THE DATE S$T FORTH Effow, I RECEIVED TWO (2) COPIES (IN ADDITION TO TINS COPY) OF THIS NOTICE 9k RIGHT TO CANCEL, ADVISING ME OF MY RIGHT TO CANCEL THE TRANSACTION To WH(Cfl g¢s NOTICE r& A7M AND ONE COPY OF THE FEDERAL TRUTH IN LENDING DISCLOSURE STRrM&NT. Each borrowedowner in this transaction has the right to cancel The otercise of this right by one borrower/owner shall be cffwdve to all borrowerdowners. consumer's Signature Date a CLARENCE H. RAWLY, III - ?• -_ F - ' 9 CAN== AIM 63.0005 i5/03.t - -- VERIFICATION The undersigned hereby states that he/she is duly authorized to make this Verification on behalf of Plaintiff, the statements made in the foregoing pleading are true and correct to the best of his/her information, knowledge and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff ACCREDITED HOME LENDERS, INC Plaintiff VS. CLkFENCE H. HEINLY, III Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiff's Answer to Defendant's Counterclaims was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Vicki Piontek, Esquire 1738 E. 3`d Street Williamsport, PA 17701 Attorney for Defendant Dated: July 9, 2002 SWORN TO AND SU? RIBED BEFORE N DAY OF , 2002. Exhibit "D" ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 921281 Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.02-2439 COMPLAINT IN MORTGAGE FORECLOSURE AMENDED ANSWER AND COUNTERCLAIM 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 CLAIMED IN THE COUNTERCLAU ff OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP/ PA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PENNSYLVANIA 17018 800-692-7375 ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant ANSWER Admitted. 2. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.02-2439 COMPLAINT IN MORTGAGE FORECLOSURE 3. Admitted in part. Although it is admitted that the land in question is known as 11 Thomas Drive, Mechanicsburg, PA 17055, it is denied that such property is subject to any valid mortgage for the reasons stated in the COUNTECLAIM. 4. Admitted. 5. Admitted in part and denied in part for the reasons stated in the COUNTERCLAIM. 6. Neither confirmed nor denied. COUNTERCLAIM 7. The averments of Paragraphs one (1) through Six (6) are incorporated by reference, and made a part hereof. 8. Plaintiff mortgage company is in violation of 41 P.S. § 403, et. seq otherwise known as Act 6, by failing to provide to Defendant notice of intent to foreclose on the subject property by certified registered mail at Defendant's last known address.. 9. Plaintiff Mortgage company is also in violation of 35 P.S. § 1680.403c, otherwise known as Act 91, by failing to send the required documents to Defendant at his last known address by certified registered mail. 10. Defendant is entitled to reasonable attorney fees in the amount of approximately $1,500.00 more or less for reasonable services provided by Attomey Vicki Piontek at $100.00 per hour, 41 P.S. § 406. 11. For said violation, Defendant is also entitled to recession of the note, and recission of the mortgage, Pursuant to Pennsylvania's Unfair Trade and Consumer Protection Law. 73 P.S. 201, et. seq, and the Fair Credit Extension Uniformity Act, 73 P. S. § 2270. 1, et. seq. WHEREFORE, Defendant requests that Plaintiff's claim be denied, and that judgment be awarded against Plaintiff in Defendant's favor for recession of the note and the mortgage, Defendant's reasonable attorney fees in the amount of $1.500.00 more or less. and punitive damages in the Court's discretion. Vicki Piontek, Esquire Date P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 ACCREDITED HOME LENDERS, INC 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE XIECHANICSBURG, PA 17055, Defendant r_ THE COURT OF COMMON PLEAS OF CUNIBERLAND COUNTY NO.02-2439 COMPLAINT rN MORTGAGE FORECLOSURE. CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above captioned matter, and that on the 3`d day of September, 2002, she sent by fast class U.S. Mail, postage pre-paid, a true and correct copy of the attached AMENDED ANSWER AND COUNTERCLAIM to the Plaintiffs attorney at the address listed below: Gregory Javardian 1310 Industrial Blvd. 15` Floor, Suite 101 Southhamption, PA 18966 V L.J?L, P "je Vicki Piontek, Esquire P.O. Box 17.3 Mechanicsburg, PA 17055 717-571-4394 9 3 /v.2, Date THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED HOME LENDERS, INC Plaintiff VS. CLARENCE H. HEINLY, III Defendant Attorney for Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiff's Preliminary Objections to Defendant's Amended Answer and Counterclaim was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Vicki Piontek, Esquire 1738 E. 3`d Street Williamsport, PA 17701 Attorney for Defendant Dated: September 9, 2002 SWORN TO AND BEFORE TH,rI'' DAY OF WA NOTAR 7OR ARDIAN, ESQ. NOTARIAL SEAL MARYANN LEVENTHAL, Notary Public Upper Southampton Twp., Bucks County mission Expires June 2, 2003 Y ACCREDITED HOME LENDERS, INC 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.02-2439 COMPLAINT IN MORTGAGE FORECLOSURE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied for the reasons stated in Defendant's AMENDED ANSWER AND COUNTERCLAIM. Defendant has raised new issues concerning the lack of proper notice under 41 P.S. § 403, et. seq otherwise known as Act 6 and 35 P.S. § 1680.403c, otherwise known as Act 91. 6. Denied for the reasons stated in Defendant's AMENDED ANSWER AND COUNTERCLAIM. 7. Neither confirmed nor denied. Strict proof is required. 8. Denied. Such notices were not sent to the Defendant. 9. Admitted. 10. Admitted. 11. Admitted. 1 12. Denied. Defendant's AMENDED ANSWER AND COUNTERCLAIM does address all material issues. 13. No response required. States legal conclusions. 14. Neither confirmed nor denied. Strict proof is required. 15. Denied. Strict proof is required at trial. 16. Denied for the reasons stated in Defendant's AMENDED ANSWER AND COUNTERCLAIM. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Denied for the reasons stated in Defendant's AMENDED ANSWER AND COUNTERCLAIM. 22. Denied for the reasons stated in Defendant's AMENDED ANSWER AND COUNTERCLAIM. 23. Denied for the reasons stated in Defendant's AMENDED ANSWER AND COUNTERCLAIM. k WHEREFORE, Defendant request that this Honorable Court will deny Plaintiff's MOTION FOR SUMMARY JUDGMENT, and that no order be issued by this Court without a hearing be held first. \ - L"LL P ; q- Vicki Piontek, Esquire Date P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 921281 Plaintiff Vs. CLARENCE HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.02-2439 COMPLAINT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above captioned matter, and that on the 12th day of September, 2002, she sent by first class U.S. Mail, postage pre-paid, a true and correct copy of the attached DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT to the Plaintiffs attorney at the address listed below: Gregory Javardian 1310 Industrial Blvd. I't Floor, Suite 101 Southhamption, PA 18966 ? WL P3 ?7'? Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 0?_Ia-n2 Date n om" C? • i PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Accredited Home Lenders, Inc. (Plaintiff) VS. Clarence H. Heinly, III (Defendant) No. 2439 Civil Term 1K 2002 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to camplaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Address: (b) for defendant: Address: Dale F. Shughart, Jr., Esquire 35 East High Street, Ste 203 Carlisle, PA 17013 Vicki Piontek, Esquire 1738 E. 3rd Street Williamsport, PA 17701 3. I will notify all parties in writing within two days that this case bas been listed for argument. 4. Argument Court Date: October 23, 2002 ?,*?. 9I?2?o Z t or -. Y THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff ACCREDITED HOME LENDERS, INC Plaintiff VS. COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No.: 02-2439 Civil Term CLARENCE H. HEINLY, III TO THE PROTHONOTARY: I hereby certify that a copy of Praecipe for Argument for Plaintiff's Motion for Summary Judgment and Memorandum of Law was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Vicki Piontek, Esquire 1738 E. 3rd Street Williamsport, PA 17701 Attorney for Defendant Dated: September 12, 2002 SWORN TO AND SUBSCRIBED BEFORE I--- THIS /dyV? DAY OF19 m , 2002. NOTARY LIC NOTARIAL SEAL LEVENTHAL, Nota ry Public [MEARYANN hampton Twp.. Bucks County ission €xaires?Jun? 2, ?003 ARDIAN, ESQ. "WN C cv , cn -? Ia ul < _ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Accredited Home Lenders, Inc. ( Plaintiff ) Vs. Clarence H. Heinly, III (Defendant) No. 2439 Civil Term 1,(9( 2002 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to camplaint, etc.): Plaintiff's Preliminary Objections to Defendant's Amended Answer s Counterclaim 2. Identify counsel who will argue case: (a) for plaintiff: Dale F. Shughart, Jr., Esquire Address: 35 East High Street, Ste 203 Carlisle, PA 17013 (b) for defendant: Address: Vicki Piontek, Esquire 1738 E 3rd. Street Williamsport, PA 17701 3. I will notify all parties in writing within two days that this case has been listed for argument. _ 4. Argument Court Date: October 23, 2002 ratori • ?/IZ?O Z A o THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED HOME LENDERS, INC. Plaintiff VS. CLARENCE H. HEINLY, III TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No.: 02-2439 Civil Term I hereby certify that a copy of Praecipe for Argument for Plaintiff s Preliminary Objections to Defendant's Amended Answer and Counterclaim was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Vicki Piontek, Esquire 1738 E. 3rd Street Williamsport, PA 17701 Attorney for Defendant Dated: September 12, 2002 GrRI?JRDIAN, ESQ. SWORN TO AND SUBSCRIBED BEFORE ME THIS %,9 M D1Y OF kBmj > 20/ NOTAR - NOTARIAL SEAL MARYANN LEVENTHAL, Notary Public looer Southampton Twp.. Bucks County C7) -, ACCREDITED HOME LENDERS, INC.,: Plaintiff VS. CLARENCE H. HEINLY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2439 ENTRY OF APPEARANCE TO THE PROTHONOTARY: The undersigned Dale F. Shughart, Jr., Esquire, hereby enters his appearance as local counsel in conjunction with Gregory Javardian, Esquire for limited purpose of representing the Plaintiff at Oral Argument on October. 23, 2002._ ?) Date: October 4, 2002 Dale F. Shugharx, Supreme Court I.D. 19 73 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 CC: Gregory Javardian, Esquire Vicki Piontek, Esquire n O O -0 V! i n ACCREDITED HOME LENDERS, INC., Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY VS. CLARENCE H. HEINLY, III, Defendant NO. 02-2439 CIVIL TERM 2002 MOTION TO PROCEED BY TELEPHONE CONFERENCE On October 23, 2002 argument is scheduled for the Plaintiff's Preliminary Objections to Defendant's Amended Answer and Counterclaim. 2. Defendant's attorney, Vicki Piontek is scheduled for Army Reserve duty dring that time. 3. During her reserve duty, Attorney Piontek will be allowed to make or receive a telephone call, and to conduct the argument by teleconference. 4. The issues presented are simplistic enough that a teleconference is an appropriate forum. Wherefore, Defendant and his attorney request that the argument scheduled for October 23rd be conducted by teleconference. Respectfully submitted, Vicki Piontek, Esquire Date P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 ACCREDITED HOME LENDERS, INC., Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY vs. CLARENCE H. HEINLY, III, Defendant NO. 02-2439 CIVIL TERM 2002 CERTIFICATE OF SERVICE The undersigned hereby certifies this 30th day of September, 2002, that she is at least 18 years of age, and that the above-captioned Motion was served on the following parties, U.S. First Class Mail, postage prepaid: Gregory Javardian, Esq. 1310 Industrial Boulevard I" Floor, Suite 101 Southampton, PA 18966 Dale F. Shughart, Jr., Esquire 35 East High Street, Suite 203 Carlisle, PA 17013 Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 9- 3o-oa Date a C? C = O ? rn FT CO iS3 l_ ?1E OCT 1 0 2002 v ACCREDITED HOME LENDERS, INC., COURT OF COMMON PLEAS Plaintiff TRIAL DIVISION CUMBERLAND COUNTY VS. CLARENCE H. HEINLY, III, Defendant NO. 02-2439 CIVIL TERM 2002 ORDER jv? And now, this / / day of 2002, upon consideration of Defendant's MOTION TO PROCEED BY TELECONFERENCE, the same shall be granted. Plaintiff's Preliminary Objections to Defendant's Amended Answer and Counterclaim which was placed on the argument list for October 23, 2002 shall be held by telephone conference. The Court 0 a THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff ACCREDITED HOME LENDERS, INC. Plaintiff vs. CLARENCE H. HEINLY, III Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-2439 Civil Term ORDER AND NOW, this day of lkz, • 2002, upon consideration of Plaintiff, Accredited Home Lenerders, Inc., Preliminary Objections pursuant to Pa.R.C.P. 1028(a)(2) and any response thereto, it is hereby ORDERED and DECREED that the Preliminary Objections are SUSTAINED and Defendant's Amended Answer and Counterclaim is dismissed with prejudice. P. ap-,?Ca.1l..? wo.R.ca- _? g o' X2, .3-OA P?0dte. I ? rt tNNHi17,(SNN3 8z:ry ?d Zfl ACCREDITED HOME : IN THE COURT OF COMMON PLEAS OF LENDERS, INC. : CUMBERLAND COUNTY, PENNSYLVANIA V. CLARENCE H. HEINLY, III NO. 2002-2439 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 4TH day of SEPTEMBER, 2002, plaintiff is directed to list its Motion for Summary Judgment for argument in accordance with local rules of court. Edward E. Guido, 1. Gregory Javardian, Esquire 9. oy-aa, Vicki Piontek, Esquire :sld 111 y\ t I'1?J V?4?? I? ->i?t it ?` '. i.' U?.:7J C.?:`. ii r U ? ? -' IN THE COURT OF COMMON PLEAS OF ACCREDITED HOME LENDERS, INC. Plaintiff VS. CLARENCE H. HEINLY, III Defendant , CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-2439 Civil Term PETITION FOR FIN AL DECREE Filed on behalf of: Plaintiff, INC ACCREDITED HOME LENDERS> Counsel for Record for this Party: Gregory Javardian, Esquire P.A.ID# 55669 1310 Industrial Boulevard 1s1 Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Counsel for the Defendant Vicki Piontek, Esquire 11738 E. 3Ta Street I Wamsport, PA 17701 } (570) 594-2199 LAW OFFICES OF GREGORY JAVARDIAN By.. GREGORY JAV ARDIAN ATTORNEY LD• 455669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED 1101\4E l nNDERS, INC. I VS. CLARENCE H. HEINLY, III Attorney for Plaintiff CUMBERLAND COUNTY PLEAS No.: 02-2439 Civil Term PLAINTIFF' PA R C P 1035.3 dl and C.C.R.P. 208-2 res ectfully moves Esquire, hereby p its attorney, Gregory Javardian> plaintiff, by ainst this Court for A Final Decree and entry of Summary judgment in its favor and ag Defendant, Clarence H. Heinly, III and in support thereof avers as follows: On July 23, 2002, Plaintiff filed a Motion for Summary judgment and. 1. Memorandum of Law. Judgment and 2. A true and correct copy of plaintiff s Motion for Summary Memorandum of Law was mailed to Defendant's counsel on July 22, 2002. 2002 3. A true and correct copy of the Certificate of Service filed on July 23, is attached hereto and marked as Exhibit "A judgment has not been filed within 4. A response to the Motion for Summary JudgTn thirty (30) days after service of the Motion. Pennsylvania Rule of Civil procedure 1035.3(d) provides that "summary 5• Pennsy ond" judgment may be entered against a part' who does not resp procedure 208-2 states that "if 110 submitted, d County Rule of of service is Cumberlan and proof Sim 6• ilally' motion °r petiti0n1 be entered" filed LtO a decree may for Summary answer is the court a final Motion lication to th that its upon app uests plaintiff s respectfully req entered m WORE, ORE Plaintiff e Foreclosure be counterclaim meet in Mortgag efendant? s ted and that ludg and that D 3udgn1ent be gran Defendant, Clarence H geinly, III favor and again be dismissed With preludice. anEsquire 2002 N ust 21 > Dated: Aug Boulevard IPA 18966 Southampton, 15) 942-9690 attorney for Plaintiff VERIFICATION duly authorized state that I am hereby exigencies attorney for Plaintiff, because of the 1, Gregory Javardian, does so through behalf of Plaintiff and of the inform to make this Verification because Plaintiff on ust verify much ed in the e of some of the facts avert this matter, and sd? regarding ow ml true and has personal kn in the foregoing pleading are because he of his agents, and e statements made the source and that h' belief and Ding pleading> information and Thedersigned foreg owledge, the best of his kn Plaintiffs agents. correct to report s of of Is Pa.C.S•A. ublic records and ect to the penalties information is p eats therein are made subj ds that the statem ties. falsification to authors understan Section 49p4, relating to unswOrn Dated: August 27, 2002 ?) «A V110,11 p\_ 2 L , G0 N 3PV A?IP? 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ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, PLAINTIFF V_ CLARENCE HEINLEY, III I I THOMAS DRIVE MECHANICSBURG, PA 17055, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.02-2439 COMPLAINT IN MORTGAGE FORECLOSURE NOTICE OF APPEAL Notice is hereby given that the above-captioned Defendant appeals to the Superior Court the summary judgment entered in the above-captioned case on December 2, 2002 (Copy attached hereto as Exhibit "A"), and that the Defendant also appeals the dismissal of his Answer and Counterclaim in the above-captioned matter. Attached are the appropriate filing fees. Vicki Piontek, Esquire PO Box 173 Mechanicsburg, PA 17055 I.D. No. 83559 (7Q) S-W-Y3 9 N Date: /?-- 31` d- -- ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128, PLAINTIFF V. CLARENCE HEINLEY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2439 COMPLAINT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above-captioned shatter, and that on the 31s day of December, 2002, she sent by first class U.S. Mail, postage prepaid, a true and correct copy of the attached NOTICE OF APPEAL to the parties listed below: Gregory Javardian, Esquire 1310 Industrial Blvd. I" Floor, Suite 101 Southampton, PA 18966 The Honorable Judge George E. Hoffer Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Vicki Piontek, Esquire PO Box 173 Mechanicsburg, PA 17055 I.D. No. 83559 Date: /,-- 3 l -od- PYS510 Cumberland County Prothonota:ry's Office Page 1 Civil Case Inquiry 2002-02439 ACCREDITED HOME LENDERS INC (vs) HEINLY CLARENCE H III Reference No..: Filed........: 5/17/2002 Case Type ..COMPLAINT - MORT FORE Time.........: 3:20 Judgment...... 104315.42 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: General Index Attorney Info ACCREDITED HOME LENDERS INC PLAINTIFF JAVARDIAN GREGORY 15030 AVNUE OF SCIENCE SHUGHART DALE F JR SUITE 100 SAN DIEGO CA 92128 HEINLY CLARENCE H III DEFENDANT PIONTEK VICKI 11 THOMAS DRIVE MECHANICSBURG PA 17055 Judgment Index Amount Date Desc HEINLY CLARENCE H III 104,315.42 12/02/2002 ORDER OF COURT * Date Entries - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 5/17/2002 C OMPLAINT - MORTGAGE FORECLOSURE----- --- TRUE COPY F-ROhL RECORD --------- - -------- ----------- ------- 5/28/2002 SHERIFF'S FILE RETURNED FILED. Ifl'?96 iTiQgywhe3 , ! here url0 sot my ha4 Case Type: COMPLAINT - MORT FORE Ret: T Litigant.: HEINLY CLARENCE H III a at Ga-1111isle. N Address..: 11 THOMAS DRIVE Thk A q U a a? Ctyy/St/Z • MECHANICSBURG, PA 17055 l Hnd To: CLARENCE HEINLY Shf/D ty.: CPL. MICHAEL BARRICK ?0tht' s .? Date/ Time: 05/23/2002 1915:00 Costs....: $34.21 Pd By: GREGORY JAVARDIAN 05/28/2002 -------------------------------------------------------------------- 6/24/2002 ANSWER AND COUNTERCLAIM BY VICKI PIONTEK ESQ FOR DEFT -------------------------------------------------------------------- 7/11/2002 PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM BY GREGORY JAVARDIAN ESQ ------------------------------------------------------------------- 7/23/2002 CERTIFICATE OF SERVICE FOR PLFF'S MOTION FOR SUMMARY JUDGMENT - BY GREGORY JAVARDIAN ESQ ------------------------------------------------------------------- 7/23/2002 MOTION FOR SUMMARY JUDGMENT - BY GREGORY JAVARDIAN ESQ FOR PLFF ------------------------------------------------------------------- 8/28/2002 PLAINTIFF'S PETITION FOR FINAL DECREE PURSUANT TO PA R C P 1035 D AND CC R P 208-2 - BY GREGORY JAVARDIA.N ESQ FOR PLFF ------------------------------------------------------------------- 9/04/2002 ORDER OF COURT - DATED 9/4/02 - PLFF IS DIRECTED TO LIST ITS MOTION FOR SUMMARY JUDGMENT FOR ARGUMENT IN ACCORDANCE WITH LOCAL RULES OF COURT - BY THE COURT EDWARD E GUIDO J COPIES MAILED 9/4/02 ------------------------------------------------------------------- 9/09/2002 AMENDED ANSWER AND COUNTERCLAIM - BY VICKI PIONTEK ESQ ------------------------------------------------------------------- 9/10/2002 PRELIMINARY OBJECTIONS TO DEFT'S AMENDED ANSWER AND COUNTERCLAIM - BY GREGORY JAVARDIAN ESQ FOR DEFT ------------------------------------------------------------------- 9/13/2002 DEFENDANT'S ANSWER TO PLFF'S MOTION FCR SUMMARY JUDGMENT - BY VICKI PIONTEK ESQ ------------------------------------------------------------------- 9/13/2002 PRAECIPE FOR LISTING CASE FOR ARGUMENT - PLFF'S MOTION FOR SUMMARY JUDGMENT ------------------------------------------------------------------- 9/13/2002 PRAECIPE FOR LISTING CASE FOR ARGUMENT - BY PLFF'S PRELIMINARY OBEJECTIONS TO DEFT'S AMENDED ANSWER AND COUNTERCLAIM- BY GREGORY JAVARDIAN ESQ ------------------------------------------------------------------- PYS510 Cumberland County Prothonota:ry's Office Page Civil Case Inquiry 2002-02439 ACCREDITED HOME LENDERS INC (vs) HEIN'?Y CLARENCE H III Reference No. Filed......... 5/17/2002 Case Type ..... : COMPLAINT - MORT FORE Time...... . 3:20 Judgment..... 104315.42 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 10/07/2002 ENTRY OF APPEARANCE FOR PLFF - BY DALE F SHUGHART JR -------------------------------------------------------------------- 10/09/2002 MOTION TO PROCEED BY TELEPHONE CONFERENCE - BY VICKI PIONTEK ESQ 10/11/2002 ORDER - DATED 10/11/02 - IN RE MOTION TO PROCEED BY TELECONFERENCE THE SAME SHALL B GRANTED PLFF'S PRELIMINARY OBJECTIONS TO DEFT'S AMENDED ANSWER AND COUNTERCLAIM WHICH WAS PLACED ON THE ARGUMENT LIST FOR 10/23/02 SHALL BE HELD BY TELEPHONE CONFERENCE - BY THE COURT EDWARD E GUIDO J COPIES MAILED -------------------------------------------------------------------- 12/02/2002 ORDER - DATED 12/2/02 - IN RE PLFFS PRELIMINARY OBJECTIONS TO DEFT'S AMENDED ANSWER AND CONTERCLAIM -IT IS HERBY ORDERED AND DECREED THAT THE PRELIMINARY OBJECTIONS ARE SUSTAINED AND DEFT'S AMENDED ANSWER ADN COUNTERCLAIM IS DISMISSED WITH PREJUDICE - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 12/3/02 -------------------------------------------------------------------- 12/02/2002 ORDER - DATED DECEMBER 2, 2002 - JUDGMENT IS HEREBY ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT IN THE AMOUNT OF $104315.42 PLUS INTEREST AT THE PER DIEM RATE OF $27.88 FROM MAY 1 2002 UNTIL THE DATE OF JUDGMENT ANI) LEGAL INTEREST THEREAFTER IT IS FURTHER ORDERED AND DECREED THAI' DEFENDANT'S COUNTERCLAIM IS HEREBY DISMISSED WITH PREJUDICE GEORGE E HOFFER PJ COPIES MAILED - - - - - - - - - - - - - - LAST ENTR) - - - - - - - - - - - - - - - 2 * Escrow Information * Fees & Debits Be*q Bal Pymts/Adj End Bal COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 JDMT 9.00 --------- 9.00 .00 ------ 54.50 --------- --- 54.50 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD in Tsdrrony w . I tmre unto set my hav,< and the seW of s,µ+;'APr it v{ Th 304", tea y - l' L ? n ? c.? +..,.? .--t ??? ?_ ? "r' a ,, cr w .^ n ? ? C yy ---? ? ? < ? <,? -< ? ADDREDITED HOME LENDERS, INC. V. CLARENCE HEINLEY III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVNIA 02-2439 CIVIL TERM IN RE: STATEMENT OF REASONS ORDER OF COURT AND NOW, January 13, 2003, notice having been received that an appeal has been taken in the above-captioned matter, it is ordered and directed that the appellant forthwith file with the trial judge a concise statement of the matters complained of on the appeal, together with reference to any statutory authority or any rule of court. Upon the failure of the appellant to file such reasons within ten days, the court will presume that the appeal has been abandoned. Vicki Ann Piontek PO Box 173 Mechanicsburg, PA 17055 For Appellant Accredited Home Lenders, Inc. 15030 Avenue of Science Suite 100 San Diego, CA 92128 On COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ACCREDITED HOME LENDERS, INC. COURT OF COMMON PLEAS 15030 AVENUE OF SCIENCE SUITE 100 CUMBERLAND COUNTY SAN DIEGO, CA 92128 vs. CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 No.: 02-2439 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 5/1/02 to 12/2/02 @ $27.88 per diem Interest from 12/3/02 to Date of Sale @ $18.13 per diem Subtotal (Costs to be added) $104,315.42 6,022.08 Ci ' ORS JA IAN rney for P tiff 1-1). #55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 ESQUIRE 71- T G fL ''r4 tAJ \ C p ? c o 4 ?? ? Vwt ? ? 1 1 C ? ? l t^' T c 4- L 1 . ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post at corner of land now or formerly of the Gross Estate, which post is three hundred twenty-four (324) feet southwardly from the right-of-way line of the Pennsylvania Railroad Company; thence along the line of said land of the Gross Estate, South 23 degrees West, two hundred three (203) feet to a post; thence along the line of same, South 53 degrees 45 minutes West, one hundred thirty-five and eight tenths (135.8) feet to an iron pin; thence along the line of land now or formerly of John I. Enck and Barbara J. Enck, his wife, formerly of Warren T. Gouse and Grace T. Gouse, his wife, North 51 degrees 10 minutes West, one hundred eighty-two (182) feet to an iron pin; thence along land of same, and also along land now or formerly of Clyde W. Gouse and Ethel I. Gouse, his wife, North 38 degrees 50 minutes East, three hundred eighteen (318) feet to an iron pin; thence along line of land now or formerly of John 1. Enck and Barbara J. Enck, his wife, South 51 degrees 10 minutes East, one hundred sixty-one (161) feet to a post, the place of BEGINNING. CONTAINING 1.4 acres, neat measure, and improved by a two-story semi-bungalow dwelling house and other outbuildings, known as 11 Thomas Drive, Mechanicsburg, Pennsylvania, PA 17055. FURTHER granting and conveying unto the Grantee, his heirs and assigns, the right of ingress, egress and regress over and upon the lane or road which extendings along the nort hem line of the above-described property, as reserved in the Deed of Warren T. Gouse and Grace T. Gouse to John I. Enck and Barbara J. Enck, his wife. BEING THE SAME PREMISES which Martin T. Sheely and Teresa A. Sheely, his wife, by Deed dated December 4, 1991 and recorded December 13, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K35, Page 1038, granted and conveyed unto Clarence H. Heinly, III, single man. PARCEL NO. 38-08-0567-024. ACCREDITED HOME LENDERS, INC. COURT OF COMMON PLEAS VS., CUMBERLAND COUNTY CLARENCE H. HEINLY, III No.: 02-2439 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 11 THOMAS DRIVE MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau Dept. of Public Assistance PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 11 THOMAS DRIVE MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. G GO J ARDIAN, ESQUIRE ttorney fo laintiff February 28, 2003 C"s .. _ -'i CJ> ,.4_ ' ?_.? , ?`. -- -"' , i` ? ?' r ?!7 t ., !.J -< LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED HOME LENDERS, INC. vs. CLARENCE H. HEINLY, III COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 Your house (real estate) at 11 THOMAS DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at Sheriffs Sale on JUNE 11, 2003 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $104,315.42, obtained by ACCREDITED HOME LENDERS, INC., against you. NOTICE OF OWNER'S RIGHTS 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2?2 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. 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 on page two 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 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 by calling (215) 942-9690. 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 Gregory Javardian, Esquire at (215) 942-9690. 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 the 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. 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. 7. You may also have other rights and defenses, or ways of getting your home 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 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post at corner of land now or formerly of the Gross Estate, which post is three hundred twenty-four (324) feet southwardly from the right-of-way line of the Pennsylvania Railroad Company; thence along the line of said land of the Gross Estate, South 23 degrees West, two hundred three (203) feet to a post; thence along the line of same, South 53 degrees 45 minutes West, one hundred thirty-five and eight tenths (135.8) feet to an iron pin; thence along the line of land now or formerly of John I. Enck and Barbara J. Enck, his wife, formerly of Warren T. Gouse and Grace T. Gouse, his wife, North 51 degrees 10 minutes West, one hundred eighty-two (182) feet to an iron pin; thence along land of same, and also along land now or formerly of Clyde W. Gouse and Ethel I. Gouse, his wife, North 38 degrees 50 minutes East, three hundred eighteen (318) feet to an iron pin; thence along line of land now or formerly of John I. Enck and Barbara J. Enck, his wife, South 51 degrees 10 minutes East, one hundred sixty-one (161) feet to a post, the place of BEGINNING. CONTAINING 1.4 acres, neat measure, and improved by a two-story semi-bungalow dwelling house and other outbuildings, known as 11 Thomas Drive, Mechanicsburg, Pennsylvania, PA 17055. FURTHER granting and conveying unto the Grantee, his heirs and assigns, the right of ingress, egress and regress over and upon the lane or road which extendings along the northern line of the above-described property, as reserved in the Deed of Warren T. Gouse and Grace T. Gouse to John I. Enck and Barbara J. Enck, his wife. BEING THE SAME PREMISES which Martin T. Sheely and Teresa A. Sheely, his wife, by Deed dated December 4, 1991 and recorded December 13, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K35, Page 1038, granted and conveyed unto Clarence H. Heinly, III, single man. PARCEL NO. 38-08-0567-024. C c.;; ^.) -_y -? l) _ 1 __ J 4J f ?- i... ...._ -.. t.. t. d:.? -_ . ? f. J Jam' ._.. l? ;-iZ :' , ?1 f ? `{ COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF NO 02'2439 Civil CIVIL ACTION - LAW To satisfy the debt interest anted ?DduOUNTY: From CLARENCE ACCREDITED HOME H. HEINLY, III, 11 THO LENDERS, INC. (1) You are directed to levy MAS DRIVE ,Plaintiff (s) upon the grope ? MECHANICSBURG, PA 17055 DESCRIPTION. rty of the defendant (s)and to sell SEE LEGAL (2) You are also directed to attach the property of of the defendant(s) not levied upon in the GARNISHEES possession GARNISHEE( S as follows: and to notify the garnishee(s) that: (a) an paring any debt to r for the account of the defendant s attachment has been issued; (b) the garnishee(s) (s) or otherwise disposing thereof; is enjoined from (3) Ifprope and from delivering an (3 anyone other than a na ea anat(s) not levied upon an subject to attachment g any property of the defendant Possession garnishee and is enjoined as above s atedy°u are directed to notify him/her that he/she has been added as a Amount Due $104,315.42 Interest FROM 511102 TO 12/2/02 L.L. $•50 OF SALE @ $27.88 PER DIEM -__ INTEREST FROM 12/3/02 TO DATE @ $18.13 PER DIEM Atty's Comm o/ E Atty Paid $136.21 Due ProthY $1.00 Plaintiff Paid Other Costs Date: MARCH 7, 2003 (Seal) REQUESTING PARTY: Name GREGORY JAVARDI Address: 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 '% RIT OF EXECUTION and/or ATTACHMENT CURTIS R. LONG Prothonotary By: Deputy LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED HOME LENDERS, INC. VS. CLARENCE H. HEINLY, III COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 CLARENC E H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Tenants/Occupants 11 THOMAS DRIVE MECHANICSBURG, PA 17055 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 Dated: Y ' ? -Y 03 GREGO AVA , ESQUIRE Attorney for Plaintiff • i CERTIFIED MAIL.,, R ECEIPT I? (Domestic Only; No Insuranc e Coverage .- :tt For d6liv r i f ti i i co e y n orma on v s t our websi te at www.usps.com?, m - Postage $ da S n r Certified Fee ? P ? Return Reciept Fee O IF (Endorsement Required) Restricted Delivery (Endorsement M Total Postage & Fees $ N Q ru o Sent To CLARENCE H. HEINLY, III N&;;a-f,Apt No.;- ------------------ ----°°° -°- - - - ° - o?POBoxNo. 11 THOMAS DRIVE -- a?---- - - - -- - MECHANICSBURG, PS Form 3800, June 2002 - - ----- ------------ PA 17055 See Reverse f I t ti or ns ruc ons 0' t? t? 1 Postage $ ru Q Certified Fee 05 j ot, ? C3 C3 Return Redept Fee (EndorsemeMRequired) ostmark? -1 VHare11J? Qa C3 Resticted Delivery Fee Ln (Endor?e'WRequired) , ??. S? NOl4 M Total Postage & Fees 211 C3 C3 Sent To TENANTS/OCCUPANTS tti Street, ApE]Yo.; --°---------- -POeox No. 11 THOMAS DRIVE 1 stafe,zrv+a MECHANICSBURG, PA 17055 PS Form :3800. June 2002 See Reverse tot rlStl 1-101MIS U.S. POSTAL SERVICE . CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FORINSURANCE-POSTMASTER _ t1? Received From: Q? LAW OFFICES OF ?f0 N-- 1310 INDUSTRIAL BOULEVAR (0 .. ISI 1-170013, ?a SOUTHAMPTON, PA 189 36 L? U ?a a w One piece of ordinary mail addressed to: Dept. of Public Assistance 0 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Cy Affix fee here in stamps osta' and quire of PoWas current feeA i D ; N ` Novas 1 b, . 222 3r „l C=) a PS Form 3817, January 2001 diaoajtA nja?,j i o 6 lpu8H l !reads iJeuaag ion a-in pufiis *1+ , uoi xw!ju A.eam Q-( O IV ° ? m oc 0 ti J4 ?nOS = E , s UTti i t5 of c ?? . r a OR w CD th ?M t U m _ S ? Um arA a CL m Ea mot In m0 x 8•mvm U- . N Q it `0 8x40 cn M . °- ° H w W o G c L a a U P m ? c S Q F? I - ? 11 m o m ? i (G ? l 3 - i N ir E E N as i ^ ! Lf) u1 H H FB FB I I u) ul gg,a m 2 r^ 1 -4 O ^ j 1 m 1 in 0000 rx y PP M 4 I --1 1) ? I U P ? q 4 -4 r" w z P w I (1) m w > o 0 C ) P9 ul E- 0 1 14 -4 o m € _ 514 iV =1 PCI x A ' Fq 2 U) (n CL n o t m O H v 00000 Q W w U r? -4 CL N d C1 U O m0 a_ O N E W E z Z> (D ff?? (D s? Q D lU= N U a W c O Z x . J •? 0 3 a Z us IX m 0 c d a a° To m 0 Y i w a Y d CL E V N 0 rn a N O O C\l 2 N LL ti ti M O LL EL !t February 28, 2003 TO: OWNER(S): PLAINTIFF/SELLER: DEFENDANT(S): PROPERTY: CUMBERLAND C.C.P. NO. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL PARTIES IN INTEREST AND CLAIMANTS CLARENCE H. HEINLY, III ACCREDITED HOME LENDERS, INC. CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 02-2439 CIVIL TERM The above captioned property is scheduled to be sold at Sheriffs Sale on JUNE 11, 2003 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincer ly, G ory Javar ian, quire Law Offices of Gregory Javardian 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 0 r tai _EF ri yp Z `'` ,- ? -?C7 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED HOME LENDERS, INC. 15030 AVENUE OF SCIENCE SUITE 100 SAN DIEGO, CA 92128 VS. CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 COURT OF COW40N PLEAS CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Kindly mark the Judgment to Use Plaintiff, Wells Fargo Bank Minnesota National Association as Indenture Trustee for GRP/AG Real Estate Asset Trust 2003-1, relative to the above matter. VA(RDIAN, ESQUIRE for Date: August 27, 2003 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Wells Fargo Bank Minnesota National Association as Indenture Trustee for GRP/AG Real Estate Asset Trust 2003-1, Use Plaintiff, 360 Hamilton Avenue, 5`h Floor, White Plains, NY 10601. Date: August 27, 2003 4me JA AR DIAN, ESQUIRE y or P ntiff 9 C7 CM, r; C_ C. -rr m rl -? m_ 7 z4 ? <c r ?C ua ?rn _r t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, RobertP. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank Minnesota Natl Assoc tr for GRP?AG Real Estate Asset Tr 2003-1 is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 7th day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 2439, at the suit of Accredited HOme Lenders Inc against Clarence H Heinle III is duly recorded in Sheriff's Deed Book No. 259, Page 3017, IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /ice- day of, `- , A.D. 2003 of ? e°' LVm9.FW?a w mop Accredited Home Lenders, Inc. VS Clarence H. Heinly, III In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-2439 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2003 at 6:20 o'clock PM, she 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: Clarence H. Heinly, III, by making known unto Clarence H. Heinly, III, personally, at 11 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and. correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 12:03 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Clarence H. Heinly, III located at 11 Thomas Drive, Mechanicsburg, 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 one of the within named defendants, to wit: Clarence H. Heinly,III, by regular mail to his last known address of 11 thomas Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, lie exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Gregory Javardian for Wells Fargo Bank Minnesota, National Association as Indenture Trustee for GRP/AG Real Estate Asset Trust 2003-1. It being the highest bid and best price received for the same, Wells Fargo Bank Minnesota, National Association as Indenture Trustee for GRP/AG Real Estate Asset Trust 2003-1 of 360 Hamilton Ave., 5th Floor, White Plains„ NY 10601, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $878.89. Sheriffs Costs: Docketing $30.00 Poundage 17.23 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 12.42 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 339.80 Patriot News 263.20 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 878.89 Sworn and subscribed to before me So `w This day of Ci a"C' R. Thomas Kline, Sheriff 2003, A.D. I -?' Pr thonotarythonotary BY °-F Real Estate; e-puty W 30 1.SU? Y? 3Ly ACCREDITED HOME LENDERS, INC. COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY CLARENCE H. HEINLY, III No.: 02-2439 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 11 THOMAS DRIVE, MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau Dept. of Public Assistance PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PAL 17105-2675 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 11 THOMAS DRIVE MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true ,and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. G&010 J ARDIA[V, ESQUIRE ttorney fo laintiff February 28, 2003 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ACCREDITED HOME LENDERS, INC. VS. CLARENCE H. HEINLY, HI COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-2439 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 Your house (real estate) at 11 THOMAS DRIVE MECHANICSBURG, PA 17055, is scheduled to be sold at Sheriffs Sale on JUNE 11, 2003 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $104,315.42, obtained by ACCREDITED HOME LENDERS, INC., against you. NOTICE OF OWNER'S RIGHTS 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sal for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chan ne you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 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 fiill amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 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 the right to remain in the property until the full amount due is paid to the Sher? 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. 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. 7. You may also have other rights and defenses, or ways of getting your home 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 OFFIC LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post at corner of land now or formerly of the Gross Estate, which post is three hundred twenty-four (324) feet southwardly from the right-of-way line of the Pennsylvania Railroad Company; thence along the line of said land of the Gross Estate., South 23 degrees West, two hundred three (203) feet to a post; thence along the line of same, South 53 degrees 45 minutes West, one hundred thirty-five and eight tenths (135.8) feet to an iron pin; thence along the line of land now or formerly of John I. Enck and Barbara J. Enck, his wife, formerly of Warren T. Gouse and Grace T. Gouse, his wife, North 51 degrees 10 minutes West, one hundred eighty-two (182) feet to an iron pin; thence along land of same, and also along land now or formerly of Clyde W. Gouse and Ethel I. Gouse, his wife, North 38 degrees 50 minutes East, three hundred eighteen (318) feet to an iron pin; thence along line of land now or formerly of John I. Enck and Barbara J. Enck, his wife, South 51 degrees 10 minutes East, one hundred sixty-one (161) feet to a post, the place of BEGINNING. CONTAINING 1.4 acres, neat measure, and improved by a two-story semi-bungalow dwelling house and other outbuildings, known as 11 Thomas Drive, Mechanicsburg, Pennsylvania, PA 17055. FURTHER granting and conveying unto the Grantee, his heirs and assigns, the right of ingress, egress and regress over and upon the lane or road which extendings along the northern line of the above-described property, as reserved in the Deed of Warren T. Gouse and Grace T. Gouse to John L Enck and Barbara J. Enck, his wife. BEING THE SAME PREMISES which Martin T. Sheely and Teresa A. Sheely, his wife, by Deed dated December 4, 1991 and recorded December 13, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K35, Page 1038, granted and conveyed unto Clarence H. Heinly, III, single man. PARCEL NO. 38-08-0567-024. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2439 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACCREDITED HOME LENDERS, INC., Plaintiff (s) From CLARENCE H. HEINLY, III, 11 THOMAS DRIVE, MECHANICSBURG, PA 17055 (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 $104,315.42 L.L. $.50 Interest FROM 5/1/02 TO 12/2/02 @ $27.88 PE R DIEM --- INTEREST FROM 12/3/02 TO DATE OF SALE @ $18.13 PER DIEM Arty's Comm % Due Prothy $1.00 Arty Paid $136.21 Other Costs Plaintiff Paid Date: MARCH 7, 2003 CURTIS R. LONG Prothonota (Seal) o . P Deputy REQUESTING PARTY: Name GREGORY JAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 Real Estate Sale # 33 On March 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA known and numbered as 11 Thomas Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2003 By: v? Real Estate eputy L 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 Asst. 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 22nd and 29th day(s) of April and the 6th day(s) of May 2003. 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 .......1...--?...... ...... ...... COPY Sworn to and su s Ibed before me is 14th day o May 3 A.D. S A L E #33 Notarial eal /i Terry L. Russell, Notary Public :? / ???? REAL ESTATE SALE No. 33 City Of Harrisburg, Dauphin County Writ No. 2002-2439 My Commission Expires June 6, 2006 NO ARY PUBLIC Civil Term Member, Pennsvlvania Association Of Notaries My commission expires June 6, 2006 Accredited Home Lenders, Inc. vs CUMBERLAND COUNTY SHERIFFS OFFICE Clarence H. HeInly, III Atty: Gregory Javar Javardlan CUMBERLAND COUNTY COURTHOUSE DESCRIPTION CARLISLE, PA. 17013 ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State Pennsylvania, bounded Statement of Advertising Costs and described as follows, , to wit: BEGINNING at a post at comer of land now or To THE PATRIOT-NEWS CO., Dr. formerly of the Gross Estate, which post is three hundred twenty-four (324) feet southwardly from For publishing the notice or publication attached th Railro e rad bit-of-way line. of the Pennsylvania hereto on the above stated dates $ 261.45 1 ?Grosttaate s uth 23 dtegtes west, Probating same Notary Fee(s) $ 1.75 two hundred three (ZO3! feet to a post; thence Total $ 263.20 along the line of same, South 53 degrees 45 minutes West, one hundred thirty-five and eight- tenths (135.8) feet to an iron pin; thence along the line of land now or formerly of John I. Enck Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... and Barbara J. Enck, his wite, formerly of Warren T. Gouse and Grace T. Gouse, his wife, North 51 degrees 10 minutes West, one hundred eighty-two (182) feet to an iron pin; thence along land of same, and also along land now or formerly of Clyde W. Gouse and Ethel I. Gouse, his wife, North 38 degrees -50 minutes East, three hundred eighteen (318) feet to an iron pin; thence along line of land now or formerly of John 1. Enck and Barbara J. Enck, his wife, South 51 degrees 10 minutes East, one hundred sixty-one (161) feet to a post, the place of BEGINNING. CONTAINING 1.4 acres, neat measure, and improved by a two- story semi-bungalow dwelling house and other outbuildings, known as 11 Thomas Drive, Mechanicsburg, Pennsylvania 17055. FURTHER granting and conveying unto the Grantee, his heirs and assigns, the right of ingress, egress and regress over and upon the lane or road which extends along the northern line of the above-described property, as reserved in the Deed of Warren T. Gouse and Grace T. Gouse to John 1. Enck and Barbara J. Enck, his wife. BEING THE SAME PREMISES which Martin T. Sheely and Teresa A. Sheely, his wife, by Deed dated December 4, 1991 and recorded December 13, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K35, Page 1038, granted and conveyed unto Clarence H. Heinly, III, single man. t PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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: APRIL 25, MAY 2, 9, 2003 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. REAL ESTATE SALE NO. 33 Writ No. 2002-2439 Civil Accredited Home Lenders. Inc. vs. Clarence H. Heinly, III Atty.: Gregory Javardian ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post at corner of land now or formerly of the Gross Estate, which post is three hundred twenty-four (324) feet southwardly from the right-of-way line of the Pennsylvania Railroad Company; thence along the line of said land of the Gross Estate. South 23 degrees West, two hundred three (203) feet to a post; thence along the line of same, South 53 degrees 45 minutes West, one hundred thirty-five and eight tenths (135.8) feet to an iron pin: thence along the line of land - I le'd ? " isa Marie Coy e, Editor SWORN TO AND SUBSCRI13ED before me this 9 day of MAY, 2003 LOI S E. M my Ca3f''1#BSi+Yi Aii &riwc 5, - C'5? now or formerly of John I. Enck and Barbara J. Enck, his wife. formerly of Warren T. Gouse and Grace T. Gouse, his wife. North 51 degrees 10 minutes West, one hundred eighty-two (182) feet to an iron pin: thence along land of same, and also along land now or formerly of Clyde W. Gouse and Ethel 1. Gouse, his wife, North 38 degrees 50 minutes East, three hundred eighteen (318) feet to an iron pin, thence along line of land now or formerly of John I. Enck and Barbara J. Erick, his wife, south 51 degrees 10 minutes East, one hundred sixty-one (161) feet to a post, the place of BEGINNING. CONTAINING 1.4 acres, neat measure, and improved by a two- story semi-bungalow dwelling house and other outbuildings, known as 11 Thomas Drive, Mechanicsburg, Pennsylvania, PA 17055. FURTHER granting and convey- ing unto the Grantee, his heirs and assigns, the right of ingress, egress and regress over and upon the lane or road which extendings along the northern line of the above-described property, as reserved in the Deed of Warren T. Gouse and 5r'sce T. Gouse to Jahn I. Enck and Barbara J. Enck, his wife. BEING THE SAME PREMISES which Martin T. Sheely and Teresa A. Sheely, his wife, by Deed dated December 4, 1991 and recorded December 13, 1991 in the office of the Recorder of Deeds in and for Cumberland County in Deed Book K35, Page 1038, granted and con- veyed unto Clarence H. Heinly, III, single man. PARCEL NO. 38-08-0567-024.