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Home My WebLink About06-6081LAW OFFICES OF GREGORY MARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 909 HIDDEN RIDGE DRIVE, SUITE 200 IVING, TEXAS 75038 PLAINTIFF VS. BARRY L. HERR NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 19406 DEFENDANTS NO. NOTICE COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY 'VI COMPLAINT IN MORTGAGE FORECLOSURE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED CUMBERLAND COUNTY SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 909 HIDDEN RIDGE DRIVE, SUITE 200 NO. OG- G d F/ (??,?/ 7Ju IRVING, TEXAS 75038 PLAINTIFF COMPLAINT IN MORTGAGE FORECLOSURE VS. BARRY L. HERR NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 19406 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE EMC Mortgage Corporation, Attorney-in-Fact for LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities, Inc. Asset Backed Certificates, Series 2004-HE 1 (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Barry L. Herr and Natelia A. Herr (hereinafter referred to as "Defendants") are an adult individuals residing at the address indicated in the caption hereof. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee by Assignment. The Mortgage, dated September 26, 2003, was recorded on October 7, 2003 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1840, Page 47. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. Plaintiff is now the legal owner of the mortgage and in the process of formalizing an assignment of same. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on September 26, 2003 in the original principal amount of $139,500.00 payable to Plaintiff in monthly installments with an interest rate beginning at 7.45%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 177 Oak Hill Road, Carlisle, PA 19406. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 177 Oak Hill Road, Carlisle, PA 19406. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $136,237.60 Interest to 9/28/2006 $5,798.73 Accumulated Late Charges $595.65 Escrow Advance $725.51 Recoverable Balance $133.60 Other Fees Due $32.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,000.00 TOTAL $145,073.49 plus interest from 9/29/2006 at $39.01 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on September 14, 2006. A copy of the Notice is attached and made a part hereof as Exhibit `C'. 11. The Mortgage is not a residential mortgage under 41 P.S. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff was not required to send the Act 6 Notice of Intention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $145,073.49 together with the interest from 9/29/2006 at $39.01 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: xb?? n Attorney 55669 gory J eP*1aintiff Attorney 4r Prepared By: NEW CENTURY MORTGAGE CORPORATION Parcel Number. 14-06-0027-103 DEFINITIONS ZIEGLER .i;.?l(:)fUCF? OF DEERS COUNTY-` ?3 OCT 7 PM 2 24 Return To: NEW CENTURY MORTGAGE CORPORATION 18400 VON KARMAN, SUITE 1000 IRVINE, CA 92612 (Space Above This Line For Recording Data] MORTGAGE Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated September 25, 2003 , together with all Riders to this document. (B) "Borrower" is BARRY L. NERR AND NATELIA A. NERR , HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "Lender" is NEW CENTURY MORTGAGE CORPORATION Lender is a CORPORATION 0001091156 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 3030 1/01 (® 6(PA) (0008) Pape 1 of 78 e:? I IIHIII IIIII III MII (III (III III YMP MORTGAGE FORMS- (800) (800)621.7281 NIPI organized and existing under the laws of CALIFORNIA . Lender's address is 18400 VON KARMAN, SUITE 1000 IRVINE, CA 92612 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated September 26, 2003 The Note states that Borrower owes Lender One Hundred Thirty-Nine Thousand, Five Hundred and No/100 ----------------------------------------- Dollars (U.S. $ 139,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2033 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider F? Condominium Rider El Second Horne Rider Balloon Rider 0 Planned Unit Development Rider 0 1-4 Family Rider 0 VA Rider 0 Biweekly Payment Rider ® Other(s) [specify) Prepayment Rider Arm Rider Addendum (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (I.) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 0001091156 0= 6(PA) (ooog) Page 2 of 19 Form 3039 1/01 184.05,000 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation x (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, RESPA refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY IType of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which curre dy has the address of 177 OArILL ROAD , CARLISLE [Street) Q AV N,g /f [city], Pennsylvania 17013 [Zip code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." We(PA) toooa! Page 3 of Is BK 184OPGO049 0001091156 Inftlale: IV19 A/ Form 3039 1/01 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments. accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in 0001091156 inIllals:& dM 6(PA) (0008) Page4 of 18 NX?lv Form 3039 1/01 out-8.0.PG0050 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Now. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lendcr Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the 0001091156 imuafe:?? (0 6(PA) (0008) Pape 6 of 18 A119 1V Form 3039 1/01 ? 1844?'Ga451 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 0001091156 InNlale:?"?? ,?,. (a G(PA) {0008) Page 6 of 16 Form 3039 1/01 gK,? g40PG005? If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and. Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 0001091156 Inltlals:?? 40 6(PA)(0008) Page 7 of 16 ?/ /? Form 3039 1101 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shalt promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to. (a) paying any sums secured by a lien which has priority over this Security Instrument:; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 0001091156 Inftlals: db 6(PA) (0008) Page 6 of 16 A1,4 Form 3039 1/01 nu.18.4.o.pGOO54 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 0001091156 40 6(PA) (oooa) Paaa o of to /V 14P Form 3039 1/01 ? 1s aeosa?s (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1999 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of 0001091156 Inltlale: ®-G(PA) (0008) Paco to of is ? Form 3039 1101 nu. l840PG0456 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. ,,,??JJ 0001091156 Inklals:1? 4M0-6(PA) (0008) Page 11 of 18 N p Form 3039 1/01 N.I:84. 0 eGO. 0057 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address slated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instru rnent; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all 0001091156 InItlala: Qk-B(PA) (owB) Page 12 of is NNy Form 3039 1/01 rut't8.:OQG0058 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds 't'ransfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other parry's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 0001091156 InNlals:?? ®®6(PA) toooet Page 1301 18 NForm 3039 1/01 nit u&i 840PG0059 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Burrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of aft sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 0001091156 inklala:?? e(PA) (oooe) Page U or 16 Form 3039 1/01 DUKKI-84OPGO060 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. (seal) BARRY L HERB -Borrower ?.?c Gc uI a• /a? ? (seat) NATELIA A. HERR -Borrower _ (Seal) -Borrower - (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower 0001091156 ®-6(PA) (0008) Pegs 16 of to Form 3039 1/01 1.840PW0-6:l CertiPi t of R sidence the t o a within-named Mortgagee is IRVINE, CA 92612 Witness my hand this do hereby certify that 18400 VON KARMAN, SUITE 1000 day of ? ?*ftt kr ms- Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, ?? • "" County ss: On this, the RR P day of Wi , before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: OMMONWE&M OF PENNSYLVANIA Notarial seal Aaloinate Miller, Notary Public Hampton Twp_, Cumberland. 12007 My Commiaaivn Member, Pennsylvania Association of Notaries 0001091156 41 6(PA) loooet Page is of Is j a,4.OPG' GO62 Initlala:B-Z-v N41-1 Form 3039 1/01 qqw... Conestoga Title Insurance Company Commitment Number: 2003080031" SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: Lower Frankford Township, Cumberland County ALL THAT CERTAIN lot of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern previously indicated right-of-way line of Township Road T-458, known as Oak Road, which point Is on the southwestem comer of Lot No. 16 as shown on the hereinafter mentioned plan of lots; thence along said Lot No. 16 South 85 degrees 54 minutes 53 seconds East 339.38 feet to an iron pin; thence by a curve to the left having a radius of 20 feet, an are length of 10.85 feet (chord bearing; South 78 degrees 32 minutes 44 seconds West, chord length; 10.72 feet) to an iron pin; thence along the same and along Lot No. 17 as shown on said Subdivision Plan North 04 degrees 05 minutes 07 seconds East 232.13 feet to an iron pin at Lot No. 19 as shown on said Subdivision Plan; thence along Lot No. 19, 20 and 21 as shown on said Subdivision Plan South 85 degree 56 minutes 10 seconds East 473.23 feet to an iron pin at line of land now or formerly of Viola Finkenbinder, thence along said line of land now or formerly of Viola Finkenbinder South 4 degrees 00 minutes 00 seconds West 260.01 feet to an iron pin at Lot No. 14 as shown on said Subdivision Plan; thence along said Lot No. 14 North 85 degrees 55 minutes 20 seconds West 379.70 feet to an iron pin at the eastern side of cul-de-sac in a private right-of-way; thence through the center line of said cu-de-sac and private right-of-way, continuing along said Lot No. 14, North 85 degrees 54 minutes 63 seconds West 443.62 feet to an Iron pin in the eastern previously dedicated right-of-way line of said T-456; thence along the said previous dedicated right-of-way line North 04 degrees 05 minutes 07 seconds East 24.86 feet to an iron pin at the point and place of BEGINNING. BEING Lot No. 15, Section "B" described in a subdivision plan for Francis X. Bender, Jr., Section "B" prepared by Gerrit J. Betz, R.E„ dated August 4, 1977 and revised September 27, 1977 and recorded in the hereinafter mentioned Recorder of Deeds Office in Plan Book 31, Page 63 as corrected by a certain re-survey prepared by Carl D. Bart, dated December 5, 1990, recorded in the Cumberland County Right-of-Way Book 9, Page 110. SUBJECT to easements, rights-of-way and restrictions as of record. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions as contained In prior deed of conveyance. Parcel #14-06-0027-103 In Cumb(tiland (A' I- -rr)rdCT Of Decd-. (2003080031.PFD/2003080031/11) ALTA Commitment Schedule C ADJUSTABLE RATE RIDER (LIBOR Six-Month Index (As Published In The Wall Street Journao - Rate Caps) 2 YEAR RATE LOCK THIS ADJUSTABLE RATE RIDER is made this 26th day of September 2003 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust; or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to NEW CENTURY MORTGAGE CORPORATION ("Lender") of the same date and covering the property described in the Security Instrument and located at: 177 OAKHILL ROAD , CARLISLE, PA 17013 [Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.4500 The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of November 2005 , and on that day every 8th month thereafter. Each date on which my interest rate could change is called a "Change Date." 0001091156 MULTISTATE ADJUSTABLE RATE RIDER-LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOt1RNAL) -Single Family-Fannie Mae Uniform Instrument tk838R (0006) Form 3138 1101 Page 1 of 4 Initials:) N41,' VMP MORTGAGE FORMS - (800)521-7281 OK-408 4:00-016 4 (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Five and Three-Quarters percentage points ( 5.7500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the rust Change Date will not be greater than 8.8500 % or less than 7.4500 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One and One-Ha 1 f percentage points ( 1.5 D 0 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 14.4500 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 0001091156 (M-830R (0006) Page 2 of 4 lnltials;17?-Z.V. ® /V/; // Form 3138 1101 h-8 4,4.0 0S 5 B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 0001091156 Initials: Q ?? ?838R (0006) Page 3 of 4 Nay Form 3138 1101 I3a ".,.8.:4 p:p6200*66, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ?)?., (sue) ???-I'A' ti a /1c7? (Seal) BARRY HERR -Borrower MATkLIA A. HERR -Borrower _(Seal) -Borrower -(Seal) -Borrower -(Sew) -Borrower (Seal) -Borrower ._.-(Seal) -Borrower .._ (Seal) -Borrower 0001091156 M® 838R (0006) Page 4 of 4 Form 31381/01 Loan Number 0001091156 ADJUSTABLE RATE RIDER ADDENDUM (Libor Index - Rate Caps) This Adjustable Rate Rider is made this 26th day of September 2003 , and is incorporated into and shall be deemed to amend and supplement the Promissory Note (the "Note") and Mortgage, Deed of Trust or Security Deed (the "Security Instrument" and Adjustable Rate Rider (the "Rider") of the same date given by the undersigned (the "Borrower") to secure repayment of Borrower's Note to NEW CENTURY MORTGAGE CORPORATION (the "Lender"). Property securing repayment of the Note is described in the Security Instrument and located at: 177 OAKHILL ROAD CARLISLE, PENNSYLVANIA 17013 (arty AM-m) To the extent that the provisions of this Adjustable Rate Rider Addendum are inconsistent with the provisions of the Note and/or Security Instrument and/or Rider, the provisions of this Addendum shall prevail over and supersede any such inconsistent provisions of the Note and/or Security Instrument and/or Rider. In addition to the covenants and agreements made in the Note, Security Instrument, and Rider, Borrower and Lender further covenant and agree as follows: 4. (D) LIMITS ON INTEREST RATE CHANGES The interest rate I am required to pay at the first change date will not be greater than 8.9500 % or less than 7.4500%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one and One-Half percentage point(s) ( 1.500 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 14.4500 % or less than 7.4500 %. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider Addendum. PAZ ?6a -t?G« 62 164AA-) BARRY L ERR NA LIA A. HERR New Century Mortgage RE 102 (082296) ridmInAd JP 061702 g `i' 84ON0 0:68 Loan Numbe10001091156 PREPAYMENT RIDER ADJUSTABLE RATE LOAN This Prepayment Rider is made this 26th day of September 2003 and is incorporated into and shall be deemed to amend an=t lement the Promissory Note (the "Note") and Mortgage, Deed of 'T'rust or Security he "Security Insft ment") of the same date given by the undersigned (the "Borrower") to secure repayment of Borrower's Note to NEW CENTURY MORTGAGE CORPORATION (the"Lender"). To the extent that the provisions of this Prepayment Rider are inconsistent with the provisions of the Note and/or Security Instrument, the provisions of this rider shall prevail over and shall supersede any such inconsistent provisions of the. Note and/or Security Instrument. In addition to the covenants and agreements made in the Note and Security Instrument, the Borrower and Lender further covenant and agree as follows: 5. BORROWERS RIGHT TO PREPAY I have the right to make prepayments of principal any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing I am doing so. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless: the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. If within 2 year(s) from the date of execution of the Security Instrument, I make a full prepayment or, in certain cases a partial prepayment, and the total of such prepayment(s) in any 12-month period exceeds TWENTY PERCENT (20%) of the original principal amount of this loan, I will pay a prepayment charge in an amount equal to the payment of 6 months advance interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds TWENTY PERCENT (20%n) of the original principal amount of the loan. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Prepayment Rider. iii -- `? ??? & 164A ? BARRY L. RR NAT IA A. HERR NCMC Generic Prepayment Rider RE 103 Revised (020800) RE-1032d JP 061702 y i It r 2 YEAR RATE LOCK , ADJUSTABLE RATE NOTE (LIBOR Six-Month Index (As Published In The Wall Street Journal) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. September 26, 2003 CARLISLE PENNSYLVANIA [Date] [City) [State) 177 OAKNILL ROAD CARLISLE, PENNSYLVANIA 17013 [Property Addn:ss] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 139, 500.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is NEW CENTURY MORTGAGE CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note- Lender or anyone who takes this Note by transfer and who is entitled to receive payments trader this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.4500 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay Principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on December 1, 2003 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on November 1, 2033 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 18400 VON KARMAN, SUITE 1000 IRVINE, CA 92612 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 970.64 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid Principal of my loan and in the interest rate that I must pay. 7be Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE - LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) - Single Family - Fannie Mae UNIFORM INSTRUMENT ®838N (0005) Form 35201/01 0001091156 VMP MORTGAGE FOAMS • (800)521.7291 Inklala Pape 1 of 4 1loll 1111111 /V/9 N 4. INTEREST RATE ANDIMONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of November 2005 , and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.St. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Indexx figure available as of the first business day of the month immediately preceding the month in which the Change Date occurslis called the "Current Index." If the Index is no longer !available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date; the Note Holder will calculate my new interest rate by adding Five and Three-Quarters percentage points ( 5.7500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will than determine the amount of the monthly payment that would be sufficient to repay the unpaid Principal that I am expected to 6c at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.9500 % or less than 7.4500 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Orie and One-Half percentage point(s) ( 1.500 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 14.4500 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. S. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and I unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the firs[ Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fnaUy interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or', by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 0001091156 40,838N (0005) ? I I Papa 2 of 4 E Form 35201/01' InRlab: le" /V1 VIL • 0 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default . If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by fast class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if 1 do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions read as follows. 0001091156 Form 35201/p ?838N (0005) Page 3 of t (dtlalt.?31 N,4 N Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, )hose beneficial interests transferred in albond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require imrrt?ediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised byILender if such exercise is prolu'bited by Applicable Law. Lender also shall not exercise this option if. (a) Borrower Causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new hen were being made to the transferee, and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice ;shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all stuns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remodies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. LL? -?1 L . (Seal) BARRY L ERR I -Borrower t` ! (Seal) .Borrower - (Seal) -Borrower (Seal) -Borrower 0001091156 [Sign Original Only] f ?838N (oons) i i i (Seal) NATELIA A. HERB -Borrower -(Seal) -Borrower -(Seal) -Borrower (sew) -Borrower Pape 4 of 4 0 Form 35201/01 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE September 14, 2006 Barry L. Herr Natelia A. Herr 177 Oak Hill Road 177 Oak Hill Road Carlisle, PA 17013 Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your Coun , are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800- 342-2397. (Persons with impaired hearing can call (717) 780-1869) This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDA SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Barry L. Herr & Natelia A. Herr PROPERTY ADDRESS: 177 Oak Hill Road, Carlisle, PA 17013 LOAN ACCT. NO.: 0009405143 ORIGINAL LENDER New Century Mortgage Corporation CURRENT LENDER/SERVICER: EMC Mortgage Corp. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uD to date NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 177 Oak Hill Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 6/1/06 through 9/1/06 in the amount of $1,455.36 per month. Monthly Payments Plus Late Charges Accrued: $6,417.09 Advance: $725.51 (Suspense) ($0.00) TOTAL AMOUNT TO CURE DEFAULT $7,142.60 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,142.60 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check, certified check or money order made payable and sent to: EMC MORTGAGE CORPORATION, TWO MAC ARTHUR RIDGE 909 HIDDEN RIDGE DR. #200 IRVING TX 75038 ATTN: LOSS MITIGATION; TELEPHONE NO. IS I-888-577-4011. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You ma do so b paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- EMC MORTGAGE CORPORATION TWO MAC ARTHUR RIDGE 909 HIDDEN RIDGE DR., #200 IRVING TX 75038 CONTACT: LOSS MITIGATION TEL NO. ]-(888) 577-4011 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You _ may or XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, G??.CO?o2c2 ?c+wcr2o?n. ATTORNEY FOR LENDER NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This is an attempt to collect a debt and any information obtained will be used for the purpose.. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. s CUMBERLAND County Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 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 falsification to authorities. Assistant Secretary EMC Mortgage Corporation, Attorney-in-Fact for LaSalle Bank National Association, as Trustee for Certificateholders of Bear Steams Asset Backed Securities, Inc. Asset Backed Certificates, Series 2004-HE1 ?J n. U1 d a - rt o t rn-n F W 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 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-6081 CIVIL VS. BARRY L. HERR NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 17015 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BARRY L. HERR and NATELIA A. HERR, Defendants, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $145,073.49 Interest 2,301.59 9/29/06 to 11/27/06 TOTAL $147,375.08 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ?- GREGOR JA ARDIAN, ESQUIRE Attorney Pl intiff Damages are hereby assessed as indicated. DATE: ?.n4(. P160 PROTHY "? r EMC MORTGAGE CORPORATION, In The Court of Common Pleas ATTORNEY-IN-FACT FOR LASALLE BNAK NATIONAL ASSOCIATION, AS TRUSTEE FOR Cumberland County CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET No. 06-6081 CIVIL BACKED CERTIFICATES, SERIES 2004-HE 1 Plaintiff V. BARRY L. HERB NATELIA A. HERR Defendants TO: BARRY L. HERR NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 19406 DATE OF NOTICE: NOVEMBER 16, 2006 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association Lawyer Reference Service 32 S. Bedford Street Carlisle, PA 17013 (800) 990-90 (717) 249-- d7- Gregory Javardian, Esquire 1310 Industrial Boulevard I" Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en Corte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente pars tal servicio, vaya en persona o llame por telpfono a la oficina, cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" 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 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-6081 CIVIL VS. BARRY L. HERR NATELIA A. HERR VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendants, BARRY L. HERR and NATELIA A. HERR, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, BARRY L. HERR, is over 18 years of age, and resides at 177 OAK III LL ROAD, CARLISLE, PA 17015. (c) Defendant, NATELIA A. HERR, is over 18 years of age, and resides at 177 OAK HILL ROAD, CARLISLE, PA 17015. (d) Plaintiff, EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 909 HIDDEN RIDGE DRIVE, SUITE 200, IRVING, TEXAS 75038. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -?, L?_- GREGORY JAV N, ESQUIRE J Ar rfzl-t C w Cj r ?t cr t N c» -v '?i SHERIFF'S RETURN - REGULAR l '%, CASE NO: 2006-06081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS HERR BARRY L ET AL 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 HERR BARRY L the DEFENDANT at 1739:00 HOURS, on the 26th day of October , 2006 at 177 OAK HILL ROAD CARLISLE, PA 17013 by handing to BARRY L HERR 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: So Answers: Docketing 18.00 Service 5.28 •? Affidavit .00 T ll Surcharge 10.00 R. Thomas Kline .00 33.28,/ 10/27/2006 / GREGORY JAVARDIAN „l p q l bca Sworn and Subscibed to By_.? before me this day "Deputy She i of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS HERR BARRY L ET AL 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 HERR NATELIA A the DEFENDANT at 1739:00 HOURS, on the 26th day of October , 2006 at 177 OAK HILL ROAD CARLISLE, PA 17013 by handing to BARRY L HERR, HUSBAND 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 r Surcharge 10.00 R. Thomas Kline 11\ n 16.00;/ 10/27/2006 I l bit /GL GREGORY JAVARDIAN Sworn and Subscibed to / By: before me this day eputy Sheri of A. D. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED No.: 06-6081 CIVIL SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 vs. BARRY L. HERR NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 11/27/06 to Date of Sale @ $24.22 per diem $147,375.08 Subtotal (Costs to be added) G OR J ARDIAN, ESQUIRE orney for Plaintiff I.D. #55669 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 1-f 1 w ? 1 ^ ^ w 1 w o - n 1 ?d _ 14 } VALL THAT CERTAIN lot of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern previously indicated right-of-way line of Township Road T- 456, known as Oak Road, which point is on the southwestern corner of Lot No. 16 as shown on the hereinafter mentioned plan of lots; thence along said Lot No. 16 South 85 degrees 54 minutes 53 seconds East 339.38 feet to an iron pin; thence by a curve to the left having a radius of 20 feet, an arc length of 10.85 feet (chord bearing: South 78 degrees 32 minutes 44 seconds West, chord length: 10.72 feet) to an iron pin; thence along the same and along Lot No 17 as shown on said Subdivision Plan North 04 degrees 05 minutes 07 seconds East 232.13 feet to an iron pin at Lot No. 19 as shown on said Subdivision Plan; thence along Lot Nos. 19, 20 and 21 as shown on said Subdivision Plan South 85 degrees 56 minutes 10 seconds East 473.23 feet to an iron pin at line of land now or formerly of Viola Finkenbinder; thence along said line of land now or formerly of Viola Finkenbinder South 04 degrees 00 minutes 00 seconds West 260.01 feet to an iron pin at Lot No. 14 as shown on said Subdivision Plan; thence along said Lot No. 14 North 85 degrees 55 minutes 20 seconds West 379.70 feet to an iron pin at the eastern side of a cul-de-sac in a private right-of-way; thence through the center line of said cul-de-sac and private right-of-way, continuing along said Lot No. 14, North 85 degrees 54 minutes 53 seconds West 443.62 feet to an iron pin in the eastern previously dedicated right-of-way line of said T-456; thence along the said previous dedicated right- of-way line North 04 degrees 05 minutes 07 seconds East 24.86 feet to an iron pin at the point and place of beginning. BEING Lot No. 15, Section "B" described in a subdivision plan for Francis X. Bender, Jr., Section "B" prepared by Gerrit J. Betz, R.E., dated August 4, 1977 and revised September 27, 1977 and recorded in the hereinafter mentioned Recorder of Deeds Office in Plan Book 31, Page 63 as corrected by a certain re-survey prepared by Carl D. Bert, dated December.5, 1990, as recorded in the Cumberland County Right-of-Way Plan Book 9, Page 110. SUBJECT to easements, rights-of-way and restrictions as of record. BEING known as 177 OAK HILL ROAD, CARLISLE, PA 17013. BEING THE SAME PREMISES which York Federal Savings and Loan Association, a corporation, by Deed dated April 26, 2000 and recorded May 1, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 220, Page 89, granted and conveyed unto Barry L. Herr and Natelia A. Herr, husband and wife. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions as contained in prior deeds of conveyance. PARCEL No. 14-06-0027-103. WRIT OF EXECUTION and/or ATTACHMENT 06-6081. Civil COMMONWEALTH OF PENNSYLVANIA) NO CIVIL ACTION -LAW COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, EORATTORNEY- IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, BACKED SECURITIES, INC. ASSET CERTIFICATEHOLDERS OF BEAR BACKED CERTIFICATES, SERIES 2004-HEI, Plaintiff (s) From BARRY L.HERR AND NATELIA A. HERR (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 the attachment has been issued; (b) defendant (s) and from deli eriing any property of the de endant paying any debt to or for the account o (s) or otherwise disposing thereof, subjoect to attachment is (3) If property of the defendant(s) not levied him/her that he/she has been added as a of anyone other than a named garnishee, you are garnishee and is enjoined as above stated. L.L. $.50 Amount Due $147,375.08 TntarPCt FROM 11/27/06 TO DATE OF SALE @ $24.22 PER DIEM Atty's Comm % Atty Paid $131.28 Plaintiff Paid Date: MARCH 12, 2007 (Seal) 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 Due Prothy $1.00 Other Costs Deputy EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 vs. BARRY L. HERR NATELIA A. HERR COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-6081 CIVIL 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 177 OAK HILL ROAD CARLISLE, PA 17013: L Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BARRY L. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in th e judgment: BARRY L. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 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. Beneficial Consumer Discount Company d/b/a 419 Stonehedge Drive, Suite 2 Beneficial Mortgage Co. of PA Carlisle, PA 17013 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 Cumberland County Domestic Relations Last Known Address (if address cannot be reasonably ascertained, please indicate) 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau Dept. of Public Assistance PA Department of Public Welfare Bureau of Child Support Enforcement 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 177 OAK HILL ROAD CARLISLE, PA 17013 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 unsworn falsification to authorities. G OR ARDIAN, ESQUIRE A orney for intiff March 9, 2007 r- c:°a -C1 `ll r -i7 -C ? -G 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 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-6081 CIVIL VS. BARRY L. HERR NATELIA A. HERR NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BARRY L. HERR NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 Your house (real estate) at 177 OAK HILL ROAD, CARLISLE, PA 17013, is scheduled to be sold at Sheriffs Sale on JUNE 13, 2007 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $147,375.08, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1, 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 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 below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES 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 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern previously indicated right-of-way line of Township Road T- 456, known as Oak Road, which point is on the southwestern corner of Lot No. 16 as shown on the hereinafter mentioned plan of lots; thence along said Lot No. 16 South 85 degrees 54 minutes 53 seconds East 339.38 feet to an iron pin; thence by a curve to the left having a radius of 20 feet, an arc length of 10.85 feet (chord bearing: South 78 degrees 32 minutes 44 seconds West, chord length: 10.72 feet) to an iron pin; thence along the same and along Lot No 17 as shown on said Subdivision Plan North 04 degrees 05 minutes 07 seconds East 232.13 feet to an iron pin at Lot No. 19 as shown on said Subdivision Plan; thence along Lot Nos. 19, 20 and 21 as shown on said Subdivision Plan South 85 degrees 56 minutes 10 seconds East 473.23 feet to an iron pin at line of land now or formerly of Viola Finkenbinder; thence along said line of land now or formerly of Viola Finkenbinder South 04 degrees 00 minutes 00 seconds West 260.01 feet to an iron pin at Lot No. 14 as shown on said Subdivision Plan; thence along said Lot No. 14 North 85 degrees 55 minutes 20 seconds West 379.70 feet to an iron pin at the eastern side of a cul-de-sac in a private right-of-way; thence through the center line of said cul-de-sac and private right-of-way, continuing along said Lot No. 14, North 85 degrees 54 minutes 53 seconds West 443.62 feet to an iron pin in the eastern previously dedicated right-of-way line of said T-456; thence along the said previous dedicated right- of-way line North 04 degrees 05 minutes 07 seconds East 24.86 feet to an iron pin at the point and place of beginning. BEING Lot No. 15, Section "B" described in a subdivision plan for Francis X. Bender, Jr., Section "B" prepared by Gerrit J. Betz, R.E., dated August 4, 1977 and revised September 27, 1977 and recorded in the hereinafter mentioned Recorder of Deeds Office in Plan Book 31, Page 63 as corrected by a certain re-survey prepared by Carl D. Bert, dated December 5, 1990, as recorded in the Cumberland County Right-of-Way Plan Book 9, Page 110. SUBJECT to easements, rights-of-way and restrictions as of record. BEING known as 177 OAK HILL ROAD, CARLISLE, PA 17013. BEING THE SAME PREMISES which York Federal Savings and Loan Association, a corporation, by Deed dated April 26, 2000 and recorded May 1, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 220, Page 89, granted and conveyed unto Barry L. Herr and Natelia A. Herr, husband and wife. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions as contained in prior deeds of conveyance. PARCEL No. 14-06-0027-103. ?i ?. .. "d 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 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS COURT OF COMMON PLEAS CUMBERLAND COUNTY OF BEAR STEARNS ASSET BACKED No.: 06-6081 CIVIL SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 vs. BARRY L. HERR NATELIA A. HERR 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 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 177 OAK HILL ROAD CARLISLE, PA 17013 BARRY L. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of PA 419 Stonehedge Drive, Suite 2 Carlisle, PA 17013 Dated: D -?A? GREGOR A ARDIAN, ESQUIRE Attorney r P ntiff '? ON.-.od'? y?a 9 _ a co o Q? ?a r?1 S Sg N Ln a A A E TL .0 ?I y" d W m o Ono m (? U S F O V Ul ztw ? W r- Z $ $ W U. i ? del ? r. 0 c.. as dxw -04 M a x M V) wo z? c- O N `no M o 0 ar P. ' x ua a 41 O F PMP?oN o 01 o t g it 0 189 021 w ui mo. CL 4) H V c3a ?? f? •: W Q z W N O E? V U. W $8 ? 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O O N to I m m m_ LL o m 1 m c co M E co I- E Z o 0 N m LL 6 N r? LL i - ?i?3 L3`• I i I 1 ? I ' 4'P • _ 'b ? I _ c . m m c> i I m ? i 1 ? V > N i T d Cl ? L ? ??ch =U p U ? , O x y !? ro y d% Q O LL - 4-4 C14 d M (13 a) o ? .m G a yO In II 2 40> 4) -mom 0 00 w U3 b C14 v ':4 mm?; 1 a : .., 44 ?o "2 z =m m m m m 0 I?pq OA 4) r- ._ ? ? ? ? m ¢' , A a) - 13 v p 0 1 ? 4 c z 1- 4 N ? U) E 14 U (? c? Ty + y m o _o = m E z 04 Q ? .1 A Ul ?4 y t. U? H 1 m 0 ;?4 14 a °w = U a x x= ,a ,V I ????? c ? i N Im p C-v O `o N ?a 1 w z CO- ?E z> 0 D Q?? ? '? 86, d y i p y u- L, 0<< g cow i D L) ?z? i r? a u- 00 m= i ? CDC:) D SNOH v E i 1z i s M ? ? J tfl i cD t? ?c6 L m a c 0 CL m to O Y C L 3 CL a m m CL E 0 U N 0 O m N O O N 2 a m LL m M O LL U) a March 9, 2007 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 BARRY L. HERR and NATELIA A. HERR EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 BARRY L. HERR and NATELIA A. HERR 177 OAK FULL ROAD CARLISLE, PA 17013 06-6081 CIVIL The above captioned property is scheduled to be sold at Sheriffs Sale on JUNE 13, 2007 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. Sincerely, rego Javardi Es quire ry Law Offices of Gregory Javardian 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 ? a F? s +? ell COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bear Stearns Asset Backed Securities Inc Tr is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 12th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6081, at the suit of Bear Steams Asset Backes Securities Inc Tr against Barr L Herr & Natelia A is duly recorded as Instrument Number 200736397. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /q day of , A.D. o? of Deeds Reoorda of Deeds, Cwnberwnd Courtly. Cafte. PA My Cvtnnis W Expires the First Monday of dm. 2010 V,MC Mortgage Corporation Attorney-in-Fact In the Court of Common Pleas of For LaSalle Bank National Association, as Cumberland County, Pennsylvania Trustee for Certificate Holders of Bear Stearns Writ No. 2006-6081 Civil Term Asset Backed Securities, Inc. Asset Backed Certificates, Series 2004-HE I VS Barry L. Herr and Natelia A. Herr Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2007 at 2023 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Barry L. Herr and Natelia A. Herr, by making known unto Natelia Herr, personally and wife of Barry L. Herr, at 9 Otto Ave., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on April 19, 2007 at 1152 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Barry L. Herr and Natelia A. Herr, located at 177 Oak Hill Rd., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Barry L. Herr and Natelia A. Herr, by regular mail to their last known address of 9 Otto Ave., Carlisle, PA 17013. These letters were mailed under the date of April 5, 2007 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, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 05, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Gregory Javardian, on behalf of LaSalle Bank National Association as Trustee for Certificateholders of Bear Stearns Asset Backed Securities, Inc. Asset Backed Certificates, Series 2004-HE I. It being the highest bid and best price received for the same, LaSalle Bank National Association as Trustee for Certificateholders of Bear Stearns Asset Backed Securities, Inc. Asset Backed Certificates, Series 2004-HE1 of 800 State Highway 121 Bypass, Lewisville, TX 75067, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,427.84. Sheriff s Costs: Docketing $30.00 Poundage 27.61 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.52 Levy 15.00 Surcharge 30.00 Law Journal 605.00 Patriot News 518.54 Postpone Sale 20.00 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,427.84 So Answers: R. Thomas Kline, Sheriff BY N,.- I &A IMAL Real Estate Siergeant / - JO/O4/o9 ( k `b ' ,4 CO a Icy q/t7' 01 EMC MORTGAGE CORPORATION, AMRNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 vs. BARRY L. HERR NATELIA A. HERR COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-6081 CIVIL 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 177 OAK HILL ROAD, CARLISLE, PA 17013: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BARRY L. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: BARRY L. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 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. It 4. Name and address of last recorded holder of every mortgage of record: Name Plaintiff. Last Known Address (if address cannot be reasonably ascertained, please indicate) Beneficial Consumer Discount Company d/b/a 419 Stonehedge Drive, Suite 2 Beneficial Mortgage Co. of PA Carlisle, PA 17013 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 Cumberland County Domestic Relations Cumberland County Tax Claim Bureau Dept. of Public Assistance PA Department of Public Welfare Bureau of Child Support Enforcement Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 177 OAK HILL ROAD CARLISLE, PA 17013 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 unswom falsification to authorities. e?? 4112?:? - G OR ARDIAN, ESQUIRE A orney for intiff March 9, 2007 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 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-6081 CIVIL vs. BARRY L. HERR NATELIA A. HERR NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BARRY L. HERR NATELIA A. HERR 177 OAK HILL ROAD CARLISLE, PA 17013 Your house (real estate) at 177 OAK HILL ROAD, CARLISLE, PA 17013, is scheduled to be sold at Sheriffs Sale on JUNE 13, 2007 at 10:00 A.M., in the Cumberland County Courthouse, Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $147,375.08, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1, 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 sale for good cause. s r 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 below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES 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 3avardian, 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 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern previously indicated right-of-way line of Township Road T- 456, known as Oak Road, which point is on the southwestern corner of Lot No. 16 as shown on the hereinafter mentioned plan of lots; thence along said Lot No. 16 South 85 degrees 54 minutes 53 seconds East 339.38 feet to an iron pin; thence by a curve to the left having a radius of 20 feet, an arc length of 10.85 feet (chord bearing: South 78 degrees 32 minutes 44 seconds West, chord length: 10.72 feet) to an iron pin; thence along the same and along Lot No 17 as shown on said Subdivision Plan North 04 degrees 05 minutes 07 seconds East 232.13 feet to an iron pin at Lot No. 19 as shown on said Subdivision Plan; thence along Lot Nos. 19, 20 and 21 as shown on said Subdivision Plan South 85 degrees 56 minutes 10 seconds East 473.23 feet to an iron pin at line of land now or formerly of Viola Finkenbinder; thence along said line of land now or formerly of Viola Finkenbinder South 04 degrees 00 minutes 00 seconds West 260.01 feet to an iron pin at Lot No. 14 as shown on said Subdivision Plan; thence along said Lot No. 14 North 85 degrees 55 minutes 20 seconds West 379.70 feet to an iron pin at the eastern side of a cul-de-sac in a private right-of-way; thence through the center line of said cul-de-sac and private right-of-way, continuing along said Lot No. 14, North 85 degrees 54 minutes 53 seconds West 443.62 feet to an iron pin in the eastern previously dedicated right-of-way line of said T-456; thence along the said previous dedicated right- of-way line North 04 degrees 05 minutes 07 seconds East 24.86 feet to an iron pin at the point and place of beginning. BEING Lot No. 15, Section "B" described in a subdivision plan for Francis X. Bender, Jr., Section "B" prepared by Gerrit J. Betz, R.E., dated August 4, 1977 and revised September 27, 1977 and recorded in the hereinafter mentioned Recorder of Deeds Office in Plan Book 31, Page 63 as corrected by a certain re-survey prepared by Carl D. Bert, dated December 5, 1990, as recorded in the Cumberland County Right-of-Way Plan Book 9, Page 110. SUBJECT to easements, rights-of-way and restrictions as of record. BEING known as 177 OAK HILL ROAD, CARLISLE, PA 17013. BEING THE SAME PREMISES which York Federal Savings and Loan Association, a corporation, by Deed dated April 26, 2000 and recorded May 1, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 220, Page 89, granted and conveyed unto Barry L. Herr and Natelia A. Herr, husband and wife. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions as contained in prior deeds of conveyance. PARCEL No. 14-06-0027-103. ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6081 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, ATTORNEY- IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES, INC. ASSET BACKED CERTIFICATES, SERIES 2004-HE1, Plaintiff (s) From BARRY L.HERR AND NATELIA A. HERR (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 $147,375.08 L.L. $.50 Interest FROM 11/27/06 TO DATE OF SALE @ $24.22 PER DIEM Atty's Comm % Due Prothy $1.00 • Atty Paid $131.28 Other Costs Plaintiff Paid Date: MARCH 12, 2007 (Seal) lieputy REQUESTING PARTY: Name GREGORY JAVARDL4,N, 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 # 111 On March 19, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, PA Known and numbered as 177 Oak Hill Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 19, 2007 go C;R By: ., - Real Es tat Sergeant S ' U V,4 lOOZ 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#111 ::Yw .. . ......... ......... ;, . . . ....... Sworn to and subsX ?hfikti[Rglg; i t4? *.jk dA)(,,%Way 2007 A.D. Notariai Seal Terry L. Russell, Notary Public City Of Harrisburg, f)auphin Cou* NV Commission Expires June 6, 2010 Member annsvh.:;. as^nciavon of Notaries TARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 fWAt.MOM-W&11' for of vs 9K" L: Hoff WHI 1 A. t fr u SCR Ni' All THAT CKHAIH lot of land sib in Lower F amkksd Township, Ctmtbt d W +CotmtY. Pennsylvania, bolurded and described as follows: BE(rINMG at a point on the eastern previously ideated do-uf-way line of Tip Road T456, known as Oak Road, which pow is on the southwestern corner of Lot No. 16 as sbm on the hereinafter mentioned plan of lots; dw= along said Lot No. 16 South 85 degrees 54 minutes 53 seconds East 33938 feet to an iron p'at; ,h 4 Wrist m the left having a radars 4 20 foEt, au 4c lssgth of 10.85 feet (chord.. bttapW SwA 79 dew 32 minutes 44 sonottdr; chard boo: 10.72 feet) to an iron pen; r, along due same and along Lot No 17 as shown on said Subdivision Plan North 04 degrees 05 mimnes 07 seconds East 23113 feet to an ir&* at Lot No. 19 as shown on said Subdivisioa Plan; them along Lot Nos. 19,20 and 21 as sl40n on said Subdivision Plan South 85 degrees, 56 minutes 10 seconds East 47313 feet to an irrm pin at line of land now or formerly of Viola Fulomb nder, thence along sad line of land now of formerly of Viola FaktobOAM South 04 degrees 00 minutes 00 soconda West 260.01 feet to as iron pin at Loot No. 14 as shown on said Subdivision, Plan; thence aiosig said Lot No. 14 North 85 degrees 55 menmtes 20 scoonds West 379.70 feet to an inns pat at the easier side of a ctd de-sac in a pw* righter way;. thence through the center line of said cut d c and private right- of-way, capdmtueug along sa d LotNa 14, North 85 degmea 54 minims 53 seconds West 443.62 feet to an iii pin-in the eastem previously dWi sW right-of-way line of said TA56; thence along the said previons dAcot nod-way line North 04 dWees' 05 minutes 07 seconds East 24.86 fed to an iron pin at the point and place of hegitming, BEING Let No. 15, Section 1Bf described in a subdivision plan, for Francis X. Bender, Jr., Section W1 prepared by Gerrit 1. Betz, LE., dated August 4, 1917 and revised September 27, 1977 and recorded in the ham iced Recorder of Deeds Offim in Plan Hoot 31, Page 63 as cormeted by'a certain re-survey prepared by Cad D. Bat, dated Dew 5, 19%, as recorded in the Cady and County Right-of- Way phri cook 9, Page Ile. SUBJECT to easements, tights-0f--way and restrictions as of record. BEING ]mown as 177 OAK HILL ROAD, A;17013. llEB+i w?ishrYort l ' &,SO hatltveyed unto Barry L. Herr grid Natelia A. husband and wife. "OR AND SUBJECT, MWMT Wft conditions and reshic" as cdaingA peu+r deals of coevisyowc. PARM No.148b0Q -103. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 - r iMarie Co , Editor SWORN TO AND SUBSCRIBED before me this __A ___day of May, 2007 t i''1. D'EAL Lr'O r Yn, 7 ti, iNolta y Ribllc Court, ., N i? f I+ 'l fe, COMMONWEALTH 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 20, 27, May 4, 2007 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. Writ No. 2006-6081 Civil EMC Mortgage Corporation Attorney-in-fact for LaSalle Bank National Association as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities Inc. Asset Backed Certificates, Series 2004-HE I S. Barry L. Herr and Natelia A. Herr Atty.: Gregory Javardian ALL THAT CERTAIN lot of land situate in Lower Frankford Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at a point on the eastern previously indicated right- of-way line of Township Road T-456, known as Oak Road, which point is on the southwestern corner of Lot No. 16 as shown on the hereinafter mentioned plan of lots; thence along said Lot No. 16 South 85 degrees 54 minutes 53 seconds East 339.38 feet to an iron pin; thence by a curve to the left having a radius of 20 feet, an arc length of 10.85 feet (chord bearing: South 78 degrees 32 minutes 44 seconds West, chord length: 10.72 feet) to an iron pin; thence along the same and along Lot No 17 as shown on said Subdivi- sion Plan North 04 degrees 05 min- utes 07 seconds East 232.13 feet to an iron pin at Lot No. 19 as shown on said Subdivision Plan; thence along Lot Nos. 19, 20 and 21 as shown on said Subdivision Plan South 85 degrees 56 minutes 10 seconds East 473.23 feet to an iron pin at line of land now or formerly of Viola Finkenbinder; thence along said line of land now or formerly of Viola Finkenbinder South 04 de- grees 00 minutes 00 seconds West 260.01 feet to an iron pin at Lot No. 14 as shown on said Subdivi- sion Plan; thence along said Lot No. 14 North 85 degrees 55 minutes 20 seconds West 379.70 feet to an iron pin at the eastern side of a cul-de- sac in a private right-of-way; thence through the center line of said cul- de-sac and private right-of-way, con- tinuing along said Lot No. 14, North 85 degrees 54 minutes 53 seconds West 443.62 feet to an iron pin in the eastern previously dedicated right-of-way line of said T-456; thence along the said previous dedi- cated right-of-way line North 04 degrees 05 minutes 07 seconds East 24.86 feet to an iron pin at the point and place of beginning. BEING Lot No. 15, Section "B" described in a subdivision plan for Francis X. Bender, Jr., Section "B" prepared by Gerrit J. Betz, R.E., dated August 4, 1977 and revised September 27, 1977 and recorded in the hereinafter mentioned Re- corder of Deeds Office in Plan Book 31, Page 63 as corrected by a cer- tain re-survey prepared by Carl D. Bert, dated December 5, 1990, as recorded in the Cumberland County Right-of-Way Plan Book 9, Page 110. SUBJECT to easements, rights- of-way and restrictions as of record. BEING known as 177 OAK HILL ROAD, CARLISLE, PA 17013. BEING THE SAME PREMISES which York Federal Savings and Loan Association, a corporation, by Deed dated April 26, 2000 and re- corded May 1, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 220, Page 89, granted and conveyed unto Barry L. Herr and Natelia A. Herr, husband and wife. UNDER AND SUBJECT, NEVER- THELESS, to the conditions and restrictions as contained in prior deeds of conveyance. PARCEL No. 14-06-0027-103.