UNITED STATES BANKRUPTCY COURT. SOUTHERN DISTRICT OF NEW YORK IN RE: MIGUELITO GARCIA ssn: *-"*-5603 CASE NO. 10-13454 SCC & IN RE: JACQUELINE GARCIA Ssn:***-**-9620 Debtor. EXHIBIT ATRIED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK MANTIATT AN rT pivision meat Devoe Wigley ‘aw ocean he jee ose ey whe br oan eyo Pop) “Chak tha ox ovate arth LHSHIC Fak USA, National Assocation, 4 Troe unr he Pooling tnd Servicing Agreement dt as faim amends previously led cam. ‘Nevember 2008, Premen Home oan rat 2008-D Name and addr shave nonees ud Beso Lion Loan Sercing LP P10, Box 29009 Court Clan Nomber: TE Checks bovifyou se soars tia ; : snyone ee silo a prot flan Lion Loa Servicing LP relating o your lim tach copy of PO DON A387 Statement ving partclare owston, Tee 77210-4387 ame and adres whee payer shouldbe sen if diferent fom above): Check thibox you are the debe etree inthis, Tr Amount of Claas o Date Cane Hide SATA DIED Amount of Claim Entitled to Petorty under 11 UC. 507% complete item 4. sey endes MUSE: § ‘ne of the following categorie, {allo part of yur claim i it prioniy, omplt item 8. ‘heck the ho and sate the Wall or prt of your claim is secured, compete er 4 blow; however, ial of your ci is nascent [Beck this box laim insides neo o the charssinadition tothe principal amous of claim. tach itemized statement of nero hare. Spey he printy ofthe claim 1 Demet sport obligations under USC. §807(0K1 4A) 0 (KEKE, ‘Wage. slain, commision (ap 1 $1,728" earned thin 180 day Ja. Debtor may have sched acount as before ing of the banksy (Sea aaron fh onset side pion or seston ofthe debir'e Insiners, ntichever caer “TL US 07x Tas Tour digs ofany number by which credtor Facies debtor OCETT Srrared Claim (Scenarist ston revere Te) ‘Check te appropriate box f your lime sacord bya len on property or aright of sol and provide the requeded information. Coribsions oan employee bei Nature of property or right of sto. Real Este Mor Vehicle Other plan 11 USC. §S07 a8). Describe: “1855 Gillespie Avenue ons, New York 10861 Up 0 2,600 of depois oma rchans, ese, or etal of property Value of Property: not ssaible Amma Interest Rate: fr sevice for personaly, or houscholduse IT US C. 5507 Amount of arerage and oe charges wf Ue cae ed ine on, any: S3.668:8 Hats or perfection: Recordation of Len > Tene orpeniesowadto governmental unite 11 US.C $507 Amount of Secured Claim: $4142329% Amount Unsecred 0.00 (xe) 1 Other» Specify applicable paragraph {6 Creates: The amount of al payments om his claim has bee edited forthe purpose of making this pootot | of USC. §807(aX_) lain 7 Documents: nach rise copies of any documents ht suppor the lim, sch promissory ates, Amount entided to priority: purchase orders ivoases emi satmds of running secounes, coat, jdgmen mtg end aad Scuptyagremena, You nay ao tach summary. tach edited copies of docunets providing evidence pete of accu tren. You ma alo atach a ununay. (Se miructon” and dfntion redacted on reverie ile) * “ rinaene 41/13 and evry 3 yar terete vith ‘espectto cares commenced on oot 0 NOT SENDORIONNAL DOCUMENTS. ATTACHED DOCUMENTS MAY RE NSTROVED AFTER ‘he date of adusent fone documents ae not lable plese epi ‘mount are abt to adnstment on Signscres The peron ing rca se rign eign and pt oe ad retro ther porn authorize Hie this aim an at aes an tlephone arr ‘iirent tom he mace areas above. tach copy of ower of eee, ay. Ww Lawrence Buckley es Creditors Autborzed get S726 00. Tonal Jor presenting rads clans Fin of upto S000 or imprnonnen Truptas yaar orbothy THUS fy ISDani STIN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK MANHATTAN DIVISION IN RE: ' § CASE NO, n34sesco MIGUELITO GARCIA 5 JACQUELINE GARCIA § CHAPTER 13 AKA C. JAQUELINE RODRIGUEZ, 5 AKA CLINIA J GARCL § JUDGE SHELLY C. CHAPMAN EXHIBIT A ITEMIZATION OF CLAIM AND SUMMARY OF SUPPORTING DOCUMENTS FOR CLAIM OF LITTON LOAN SERVICING LP, AS SERVICING AGENT FOR HSBC BANK USA, NATIONAL ASSOCIATION. AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER I. 2004, FREMONT HOME LOAN TRUST 2004-D REGARDING CERTAIN COLLATERAL DESCRIBED AS: 1455 GILLESPIE AVENUE, BRONX, NEW YORK. 10461 SECTION 1. ITEMIZATION OF CLAIM 1. Total Debt (As of June 29, 2010) $414,232.98 2 Interest rate as of June 29, 2010 7.38% 3. Interest from Last Paid Installment 5243448 4. Detail of arrearage: (through June 29, 2010) 1 P & [ payment for June 2010 through June 2010 @ $3,031.48 cack: $3,031.48, ‘+ PRE-PETITION ATTORNEY FEES AND COSTS 90.00 *+* PRIOR BANKRUPTCY FEES AND COSTS $0.00 POST-PETITION BANKRUPTCY FEES AND COSTS ($0.00) ** OTHER CHARGES Escrow Shortage s10.32 Funds Advanced for Delinquent Taxes / Hazard Insurance $626.64 OTAL ARREARAGE $3,668.44 First post-petition monthly payment amount with escrow: $3,490.01. The monthly payment amount may change due fo escrow requirements andéor interest rate adjustments, if applicable. File Number 5152-N-2927 / poe EXHIBIT 4 ITEMIZ ATION OF C1.AIM AND SUMMARY OF SUPPORTING DOCUMENTSNOTE Q 1455 GILLESPIE AVENUE BRONX, NY 10461 [Propery Aadress 1, BORROWER'S PROMISE TO PAY In return fora loan that I have received, I promise to pay US, $ 440,000.00 (this amount is called “Principal"), plus intrest 1 the order of the Lender. The Lender is FREMONT INVESTMENT & LOAN | will make all payments under this Note in the form of cash, check or money order. ‘understand that he Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is enied tw receive payments under this Note is called the “Note Holder.” 2. INTEREST Interest will be charged on unpaid principal until the (ull amount of Principal has been paid. I will pay interest ata yearly rate of 7.3500 %. ‘The imesest rate required by this Section 2 i the rate | will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS: (A) Time and Place of Payments {will pay principal and interest by making a payment every month. 1 Iwill make my monthly payment on the f1rst day of each momh beginning on October 1, 2008 {will ‘make these payments every month untl I have paid all ofthe principal and interest and any other charges described below that { ‘may owe under this Not. Each monthly payment will be applied as of is scheduled due date and willbe applied wo interest before Principal Ion September 1, 2034 -T sul owe amounts under sis Not, {will pay those amounts in full on tat date, which is called the "Maturity Dat.” I will make my monthly paymenis at 175-N. RIVERVIEW DRIVE, ANANEIN CA 92808 or ata different place if required by te Nove Holder. (1) Amount of Monthly Payments My eonthly payment willbe in the amount of US.$ 3,031.48 4. BORROWER'S RIGHT TO PREPAY +SEE PREPAYMENT RIDER ATTACHED HERETO ANO MADE A PART HEREOF* have the right io make payments of Principal at any time before they are due, A payment of Principal only is known as a Prepaymen.” When I make a repayment wil ll be Now Holder in weng tat | am doing so 1 may oot designate payment asa Prepayment if I have not made all the monthly payments due under the Note, ‘Tmay make a full Prepayment or paral Prepayments without paying a Prepayment charge. The Note Holder will use my Propaymenis to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my Prepayment 10 the acerued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note If | make a partial Prepayment, here will be no changes in the due date or in the amount of my monuhly payment unless the Nove Holder agrees in writing i those changes. MULTISTATE FIXED RATE NOTE- Single Fa UNIFORM INSTRUMENT ne ES mn ly-Fannle MaeiFi5, LOAN CHARG! fa law, which applies (0 this loan and ovhich seis maximum foan charges, is finally interpreted so that the interest or other oun charges collected or 1o be collecud in connection with this oun exceed the permitted limits, then: (a) any such loan charge Shall be reduced by the amount necessary to reduce the charge wo the permuted limit; and (b) any sums already collected from me which exceeded permited limits will be refunded to me. The Note Holder may chouse wo make this refund by reducing the Prncipal | owe under this Note or by making a direct payment o me. Ifa refund reduces Principal, che reduction will be treated as ‘8 parual Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments Ifthe Note Holder has not received the full amount of any monthly payment by the end of 15 ‘calendar days after the date itis due, { will pay a late charge wo the Nowe Holder. The amount of the charge will be 8. 0 of ‘my overdue payment of principal and interest | will pay this late charge prompuy but only ance on each late payment, (B) Default C1 do not pay the full amount of each monthly payment on the date itis due, Iwill be in default. (C) Notice of Defautt ICT am in default, tbe Note Holder may send me a writien notice telling me that if 1 do not pay the overdue amount by a cenain date, the Now Holder may require me 10 pay immediately the ful amount of Principal which has not been paid and all the imerest that | owe on that amount, That date must be atleast 30 days after the date on which the notice is mailed to me or delivered by ober means {D) No Waiver By Note Holder Even if, at a ume when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Nous Holder will stil have the right to do so if Iam in default a a lar ime, (E) Payment of Note Holder's Costs and Expenses the Nove Holder has required me wo pay immediately in fll as described above, the Note Holder will have the right wo be paid back by me for all of its costs and expenses in enforcing this Nous to the extent not prohibited by applicable law. Those ‘expenses include, for example, reasonable alomeys' fees 7, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given wo me under this Note will be given by delivering it or by mailing it by frst class mail io me at the Propeny Address above or ata different address if I give the Note Holder a notice of my different address. ‘Any notice that must be given to the Note Holder under this Note wil be given by delivering itor by mailing it by first class ‘muil to tke Note Holder atthe address stated in Section 3(A) above or at a different addvess if | am given a nouce of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE IF more than one person sign this Not, each person is fully and personally obligated to keep all of the promises made in this Noi, inclding the promise to pay te full amount owed. Any person who i guaran, Suey or endorser of ts NOt i also obligated wo do these things. Any person who takes aver these obligations, including the obligations of a guarantor, surely or endorser of this Not, is also obligated to keep all of the promises made in this Note, The Note Holder may enforce its igh under this Note against each person individually or against al of us togeter. This means that any one of us may be required to pay all of the amounts owed under this Now 9. WALVERS | 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 1o demand payment of amounts due, "Notice of Dishonor” means the right 1 require the Note Holder wo give notice wo other persons that amounts de have not been paid, 200 01 Dy sn oor. pages niUNIFORM SECURED NOTE This Note i a uniform instrument with imied variuons in some jurisictons. In addition to ue protections given to the Note Holder under ts Noe, a Morgnge, Osed of Tras, oc Seerity Deed (the "Secu Insruent"), dated he sume date as chs Nove, protects the Note Holder (rom posible lsses which might esl if Jo not keep the promises whch I make in tis Noe. That Security Inszumentdesenbes how ard under hat condiuons {may be requied to make immediate payment in fall of ll amounts | owe under is Noe. Some of ose conditons are described as flows ial r any prof the Property oF iy Interest inde Property i sold or ansfered (or if Borower is nota satura] person and a beneficial interest n Borower is sold or ransfered) without Lender's prior wuen consent, Lender may require immediate payrens in full ofall ume ssewred by this Security Insrumen. However, his pion shal no be exercised by Lender if uch execs is prohibited by Applicable Law, IT Lender exercises his opuon, Lender shall give Bortwer noice of acceleration. "The noice shall provide 2 period of not es han 30 days from the date the notice given in accordance with Section 15 within which Borrower mus pay all suns secured by this Soeur Instrument If Borower fas wo pay dese sums prior the capiraon of ths period, Lender may invoke any remedies permited by this Security Instrument witout futher aie or demand on Borrower, «SEE PREPAYMENT RIDER ATTACHED HERETO ANO MADE A PART HEREOFe \WITNESS THE HANDXS) AND SEAL(S) OF THE UNDERSIGNED. Musi puede __se wrGuELITO GAREIA orower (Sealy (Seal) Borower Borower (Seat) (Seal) onower “Borrower (Seal) (Seal) Worrower Borrower {Sign Original Only) DN 2020108 Pagerera Form 3200 1701e ® PREPAYMENT RIDER TO NOTE THIS PREPAYMENT AIOER is made this 13th cay of August, 2004 and is incorporated into {and shail be deemed to amend and supplement the Note made by the undersigned (the “Borrower') 10 FREMONT INVESTWENT & LOAN (ine “tender’) of the same date and covering the property located at: 1455 GILLESPIE AVENUE BRONX, NY 10461 (Property Address) BORROWER'S RIGHT TO PREPAY This Prepayment Rider Supersedes Section 4 of the Note | nave the right to make paymants of principal at any time before they are due. A payment of principal only is known as a prepayment", When | make a prepayment, | wil tell tha Note Holder in a letter that | am doing so. A prepayment of all of the unpaid principal is known as a “lull prepayment." A prepayment of only part of the unpaid principal is known as a “partial prepayment.” | may make a full or partial prepayment; nowaver, the Noto Holder may charge me for the privilege of Prepayment. Il more than 20% of the original principal amount of this note is prepaid in any 12-month period within 1 years after the date of this loan, | agree to pay a prepayment charge equal to six months: interest ‘on the amount prepaid which is in excess of 20% of the original principal amount of this Note. If)! make prepayment, there will ba no dolays in the due dates or changes in the amounts of my monthly payments unless, the Note Holder agrees in writing to those delays or changes. | may make full prepayment at any time. It | choose to make a partial prepayment the Nota Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or mora monthly payments. WEGUELITO GARCIA Dat COYPLINE GARCIA Date Date STPPYRIO. jan 10/1603NYC DEPARTMENT OF FINANCE | OFFICE OF THE CITY REGISTER | This page is pat ofthe instrument. The City Repisier willely on the information provided by you on this page for purposes of indexing this instrument. The inforatonen thie page willeoatrol for indexing purposes in he cvent of any conflict with he rst ofthe document. RECORDING (orn rR PAGE PAGE 1 OF 24] Document Date: 08-13-2008 Preparation Date: 08-18-2004] ‘Document ID: Document ‘type: MOKIGAGE Document Page Count: 22, PRESENTER: [RETURN TO: JUDICIAL LITLE INSURANCE AGENCY, LLC | FREMONT INVESMENT & LOAN PICK-UP P.O. ROX 34078 | AS AGENT FOR FIRST AMERICAN -TITLE # FULLERTON, CA 92834 72306 580 MAMARONECK AVENUE, SUITE 202 HARRISON, NY 10528 PROPERTY DATA Borough Block Lot Unit Address BRONX 530319 Fintire ot 1455 GILLESPIE. AVENUE, Property Type: DWELLING ONLY - 1 FAMILY ‘CROSS REFERENCE DATA CRFN or Document D___ or Year___ Reel __ Page __or ile Number. PARTIES MORTGAGER/BORROWER: MORTGAGEE/LENDER: MIGUELITO GARCIA MERS S65 WEST 192ND STREET 4318 MILLER ROAD INEW YORK, NY 10040 FLINT, MI. 48501-2026 X_ Additional Purtiey Listed on Continuation Page FEES AND TAXES Mortgage Recording Fee: $ 147.00 /Morgage Amount 5 440,000.00 Affidavit Fee: § 0.00 Taxable Mortgage Amount: | 440,000.00 NYC Real Property Transfer Tax Filing Fee: ‘Exemption: $ 0.00 _ 2,200.00] NYS Real Estate Transfer Tax: s _ 0.00__| RECORDED OR FILED IN THE OFFICE OF THE CITY REGISTER OF THE, CITY OF NEW YORK ReamlatFi| oR .2004 17:80 Cty RegisterFle No(CRFN: “Potala fri City Register Official Signature [TAXES: County (Basic | Additional MRT: TOTALNYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER ‘Document Il [Poramen Type: MORTGAGE RECORDING AND 50 se ‘COVER PAGE (CONTI Document Date: 08-13-2004 ATA INUATION) PAGE 2 OF 24| Preparation Date: 08-18-2004] PARTIES MORTGAGER/BORROWER: JACQUELINE GARCIA ‘565 WEST 192ND STREET NEW YORK, NY 10040‘THE JUDICIAL TITLE INSURANCE AGENCY Le '550 MAMARONECK AVENUE Cons ty ABRSON, NY 10528 See. snesere700 Reium To: “FREMONT INVESTMENT & LOAN P.O. Box 34078 FULLERTON, CA 92834 Prepared By: BARBARA LICON 1 This Line For Recording MORTGAGE gay so01944-8000020408-5 dwelling only WORDS USED OFTEN IN THIS DOCUMENT (A) "Security Instrument." This document, which is dated August 13, 2004 . together with all Riders o this document, will be called the "Security Instrument.” (B) "Borrower." MIQUELITO GARCIA AND JACQUELINE GARCTA whose address is 565 WEST 192ND STREET , NEW YORK, NY 10040 sometimes will be called "Borrower" and sometimes simply “I* or “me.” (C)"MERS" is Mortgage Electonic Registration Sysiems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of ea @ H tec Rea Flint, MI 48501-2026, vl. (888) 679-MERS. FOR PURPOSES OF RECORDING THIS MORTGAGE, MERS IS THE MORTGAGEE OF RECORD. (D)"Lender." FREMONT INVESTWENT & LOAN will be called “Lender.” Lender is 4 corporation or association which exists under the laws. of CALIFORNIA Lender's address is 175 NW. RIVERVIEW ORIVE, ANAHEIM CA 92808 NEW YORK - Single Famiy- Fannie MaoiFreddie Mac UNIFORM INSTRUMENT WITH MERS Farm 3099 1/01 ao a i(8) "Note." The nou signed by Borrower and dated August 13, 2004 willbe called the “Note.” The Note shows that lowe Lender Four Hundred Forty Thousand and No/100 -- Dollars (US. $ 440,000.00 ) plus interest and other amounts that may be payable. | have promised to pay this debt in Periodic Payments and to pay the debt in full by September 1, 2034 (F) "Property." The property that is described below in the section titled "Description of the Property,” will be called the “Property (G) "Loan." The “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. (HD "Sums Secured." The amounts described below in the section tiled “Borrower's Transfer to Lender of Rights in the Property” sometimes will be called the "Sums Secured." (U) "Riders." All Riders attached to this Security Instrument that are signed by Borrower will be called Riders.” The following Riders are to be signed by Borrower {check box as applicable]: A Adjustable Rate Rider 4 Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider (7H 1-4 Family Rider VA Rider, Biweekly Payment Rider CT others) tspecity) (“Applicable Law." All convoling applicable federal sate and local sates, regulations, ordinances and administrative rues and orders (hat have the effet of law) as well as all applicable final, n0n-appealabl, Judicial opinions willbe called “Applicable Law.” (K) "Community Association Dues, Fees, and Assessments.” All dues, fes, assessment and other charges that are imposed on Borrower or the Propery by a condominium associauon, homeowners association of similar organization will be called "Community Association Dues, Fees, and Assessments." (L) "Electronic Funds Transfer." “Eleevonic Funds Transfer” means any transfer of money, other tan by check, draft, oF similar paper insvument, which is initiated through an electronic terminal, tclephonic :nsirument, Computer, or magnetic ape so a8 wo order, instruc, or authorize financial instiution wo debit or credit an account Some common examples of an Eleewonic Funds Transfer ae point-of-sale ranfers (where a card such as an asset or debit card is used at a merchant), automated teller machine (or ATM) transactions, wransfers initiated by clephone, wie wansfers and automated clearinghouse transfer. (OM) "Escrow Items." Those items that are described in Section 3 willbe called "Escrow lems." (N) "Miscellaneous Proceeds." "Miscellaneous Proceeds" means any compensation, seulement, award of Aammages, or proceeds paid by any wird party (other than Insurance Proceeds, as defined in and paid under the coverage described in Secon 8) for: (i) damage o, or desbucton of, the Popery; (3) Condemnation or cote taking ofall or any pat of the Propeny; (ii) conveyance in lieu of Condemnation or sale o avoid ‘Condemnation; or (iv) misrepresenatons of or omisions ao, he value and/or condition of the Property. A taking ofthe Property by any govemmental authority by eminent domain is known as “Condemnation” (O) "Mortgage Insurance.” “Morgage insurance” means insurance protecting Lender against the ‘nonpayment of, or default on, the Loan (P) "Periodic Payment.” The regularly scheduled amount due for (i) principal and interest under the Note, and (ii) any amounts under Section 3 will be called “Periodic Payment.” (Q) "RESPA." "RESPA” means the Real Estas Setlement Procedures Act (12 U.S.C, Section 2601 et sea) 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 mater. As used in this Security Insrument, "RESPA" refers to all equcements and restrictions that are imposed in regard to & federally related morgage loan” even ifthe Loan does not quay asa “federally related morgage loan™ under RESPA, anil GNIS Form 3033 1/01 GBAWNY) 08.01BORROWER'S TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY 1 mortgage, grant and convey the Property to MERS (solely as nominee for Lender and Lender's successors in intrest) and its Successors in interest subjet 19 the terms of this Security Instrument. This means tat, by signing this Security Instrument am giving Lender those rights that are sted inthis Security Instrument and alto those rights that Applicable Law gives wo lenders who hold morgages on real property. am giving Lender these right to protet Lendet from possible losses that might result i | fail to: (A) Pay ll the amounts that | owe Lender a8 sated inthe Nove including, but not limited 1, ll renewals, extensions and modifications ofthe Nove (B) Pay, with nerest, any amounts that Lender spends under this Security Instrument to protet the value of the Property and Lender's rights inthe Propeny; and (©) Keep all of my other promises and agrornents under this Security Instrument and te Note. understand and agree that MERS holds ony legal slew the righ granted by me in this Security Instrument, but, if necessary wo comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the ght (A) w exercise any oF all of tose rights, including, but not limited to, the right to foreclose and sl the Propeny; and (B) 10 take any action required of Lender including, bu not limited io, releasing and canceling his Security Instrument. DESCRIPTION OF THE PROPERTY | give MERS (solely as nominee for Lender and Lender's successors in interest) rights in the Property described in (A) through (G) below: (A) The Property which is located at 1455 GILLESPIE AVENUE {street BRONX Icivy, Town or Vilagel, New York 10461 (Zip Code. This Propeny is in BRONX ‘County. It has the following legal description: SEE EXHIBIT "A" ATTACHED HERETO ANO MADE A PART HEREOF. {(B) All buildings and other improvements that are located on the Property described in subsection (A) of this section; (C) All rights in other propery that I have as owner of the Property described in subsection (A) of this Section, These rights are known as “easements and appurtenances atlached to the Property; (D) All rights that I have in the land which les in the streets or roads in front of, of next to, the Property described in subsection (A) ofthis section; toate: MGSO {EAN 20,01 eageaet? Form 30331701(£) All fixtures that are now or in the future will be on the Property described in subsections (A) and (B) of this section; (F) All of the rights and property described in subsections (B) through (E) of this section that J acquire in the future; and GG) Ail replacements of or additions to the Property described in subsections (B) through (F) of this section and all Insurance Proceeds for loss or damage 10, and all Miscellaneous Proceeds of the Property described in subsections (A) through (F) of this section. BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY 1 promise that: (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the Propet 1 Lender, and (C) there are no oustanding cums or charges agaist the Property, except for hose which are of public eecor give a general warranty of tile w Lender. This means that I will be fully responsible for any losses which Lender suffers because someone other than myself has some of the rights in the Property which [ ‘promise that I have, | promise that I will defend my ownership of the Property against any claims of such rights, PLAIN LANGUAGE SECURITY INSTRUMENT ‘This Security Instrument contains promises and agreements that are used in real property security instruments all over the country. It also contains other promises and agreements that vary in differeat parts of the country. My promises and agreements ae stated in "plan language.” COVENANTS {promise and I agree with Lender as follows: 1. Borrower's Promise to Pay. [ will pay 10 Lender on time principal and interest due under the Note and any prepayment, late charges and other amounts due under the Note. I will also pay all amounts for Escrow lems under Section 3 of this Sceurty Instrument, Payments due under the Note and this Security Instrument shall be made in U.S, currency. If any of my payments by check or other payment instrument 1s returned to Lender unpaid, Lender may require. my payment be made by: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's heck, drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; of (@) Electronic Funds Transfer. Payments are deemed received by Lender when reccived at the location required in the Note, of at another location designated by Lender under Section 15 of this Security Instrument. Lender may retum ot ‘accept any payment or partial payment if itis for an amount that is less than the amount that is then due. If Lender accepts a lesser payment, Lender may refuse to accept a lesser payment that I may make in the future and does not waive any ofits rights. Lender is not obligated to apply such lesser payments when i accepis such payments. If interest on principal accrues as if all Periodic Payments had been paid when due, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until 1 make payments to bring the Loan current. If | do not do so within a reasonable period of time, Lender will either apply such funds or return them to me. In the event of foreclosure, any unapplied funds will be applied to the outstanding principal balance immediately prior to foreclosure. No offset or claim which I might have now or in the fuure against Lender will relieve me from making payments due under the Note and this Security Instrument or keeping all of my other promises and agreements secured by this Security Instrument. 2. Application of Borrower's Payments and Insurance Proceeds. Unless Applicable Law of this Section 2 requires otherwise, Lender will apply each of my payments thal Lender accepts in the following order: First, to pay intrest due under the Note; Next, 10 pay principal due under the Note; and NNext, to pay the amounts due Lender under Section 3 ofthis Security Instrument. ‘Such’payments will be applied to each Periodic Payment in the arder in which it became due. ‘Any remaining amounts will be applied as follows: First, to pay any late charges; Nexto pay any other amounts due under this Security Instrument; and, [Next to reduce the principal balance of the Nove. re Form 3033 1/01 ED,AANY) 005.01IC Lender receives payment from me for late Periodic Payment which includes a suficent amount wo pay any ate charge due, the payment may be aplie to the late Periodic Payment and the late charge. If more than one Periodic Payment is due, Lender may apply any payment received from me: First, tothe repayment of the Periodic Payments that are due if, and to the extent that, each payment can be paid i full; Nex, wo the extent that any excess exists after the payinent is applied to the full payment of one or more Periodic Payments, such excess may be applied to any Inte charges due. Voluntary prepayments will be applied as follows: Furs, 10 any prepayment charges; and Next, as described in the Note. ‘Any application of payments, Insurance Proceeds, or Miscellaneous Proceeds wo principal due under the ‘Nowe will not extend or postpone the due date of the Periodic Payments or change the amount of those payments, ‘3. Monthly Payments For Taxes And Insurance. (@ Borrower's Obligations. {will pay w Lender all amounts necessary to pay for iaxes, assessments, water charges, sewer rents and ‘ther similar charges, ground leasehold payments or rens (if any), hazard or property insurance covering the Property, flood insurance (if any), and any reqused Morigage Insurance, or a Loss Reserve as described in Seetion 10 inthe place of Morigage Insurance. Each Periodic Payment will include an amount to be applied toward payment of the following items which are called “Escrow llems:" (1) The taxes, assessments, water charges, sewer renis and other similar charges, on the Property which under Applicable Law may be superior wo this Security Instument as a Lien on the Property. Any claim, ‘demand or charge that is made against property because an obligation has not been fulfil is known as “Lien” {@) The leasehold payments or ground rents onthe Property (i any); (G) The premium for any and all insurance reqused by Lender under Section 5 of this Security Instrument; (4) The premium for Mortgage Insurance (if any); (5) The amount | may be requized 1 pay Lender under Section 10 ofthis Security Instrument instead of the payment ofthe premium for Mortgage Insurance (if any), and (@) If requised by Lender, the amount for any Community Assocation Dues, Fees, and Assessments, Alter signing the Note, or at any time during its term, Lender may include these amounts a8 Escrow Items. The monthly payment { will make for Escrow lems wil be based on Lender's estimate of the annual amount required. 1 will pay all of these amounts to Lender unless Lender tells me, in writing, that I do not have 1o do so, cor unless Applicable Law requires otherwise. I will make these payments on the same day tha my Periodic Payments of principal and interest are due under the Not. ‘The amounts that I pay to Lender for Escrow Items under this Section 3 willbe called "Escrow Funds.” 1 will pay Lender the Escrow Funds for Escrow liens unless Lender waives my obligation to pay the Escrow Funds for any ofall Escrow items. Lender may waive my obligation to pay wo Lender Escrow Funds for any or all Escrow Items at any time. Any such waiver must be in wring. Inthe event of such waiver, 1 will pay direeuy, when and where payable, the amounts due for any Escrow Items for which payment of Escrow Funds has been waived by Lender and, if Lender requites, will prompdy send 1 Lender receipts showing such payment within such time period as Lender may require. My obligation to make such paymenis and to provide receipts willbe considered to be a promise and agreement contained in this Security Instrument as the phrase “promises and agreemens” is used in Section 9 ofthis Secuniy Instrument. 1f | am obligated (9 pay Escrow liems diecly, pursuant to a waiver and | fail to pay the amount due for an Escrow liem, Lender ‘nay pay that amount and I will then be obligated under Secuon 9 of this Security Instrument w0 repay 0 Lender. Lender may revoke the waiver as 10 any or all Escrow liems at any time by a notice given in sevordance with Section 15 of this Secunty Instrument and, upon the revocation, I will pay 1 Lender all Eserow Funds, and in amounts, that re then required under this Section 3. vase Mey VE sour Form 3033 1/01, GD_AWNY) 0005.01| promise w prompuly send to Lender any notices that | receive of Escrow Item amounts 10 be paid Lender will estimate from time to time the amount of Escrow Funds { will have 1 pay by using existing ssessinents and bills and reasonable estimates of the amount { will have to pay for Escrow Items in the fur, unless Applicable Law requizes Lender to use another method for determining the amount Iam wo pay. Lender may, at any time, collect and hold Escrow Funds in an amount suficient to permit Lender 10 apply the Escrow Funds atthe time specified under RESPA. Applicable Law puts limits on the total amount of Escrow Funds Lender can at any ume collect and hold. This total amount cannot be more than the ‘maximum amount a lender could requize under RESPA. If there is another Applicable Law that imposes a lower limit on the otal amount of Escrow Funds Lender can collect and hold, Lender will be limited to the lower amount. (b) Lender's Obligations. Lender will keep the Escrow Funds in a savings or banking institution which ha its deposits insured by a federal agency instrumentality, or entty, or in any Federal Home Loan Bank. If Lender is Such a savings or banking insututon, Lender may hold the Escrow Funds. Lender wil use the Escrow Funds to pay the Escrow luems no later than the time allowed under RESPA or other Applicable Law. Lender will give wo me, without charge, an annual accounting of the Escrow Funds. That accounting will show all additions to and deductions from the Eserow Funds and the reason for each deduction, Lender may not charge me for holding or keeping the Escrow Funds, for using the Escrow Funds to pay Escrow Items, for making a yearly analysis of my payment of Escrow Funds or for receiving, or for verifying and toualing assessments and bill. However, Lender may charge me for these service if Lendes pays me ‘terest on the Escrow Funds and if Applicable Law permits Lender to make such a charge. Lender will not be required to pay me any interest or earings on the Escrow Funds unless either (1) Lender and I agree in wrung that Lender will pay inerest on the Escrow Funds, or (2) Applicable Law requires Lender to pay imerest on the Escrow Funds. (€) Adjustments to the Eserow Funds, Under Applicable Law, tere isa limit on the amount of Escrow Funds Lender may hold. Ifthe amount of Escrow Funds held by Lender exceeds this limit, then there will be an excess amount and RESPA requires Lender to account to mein a special manner forthe excess amount of Escrow Funds. If, at any time, Lender has not received enough Escrow Funds to make the payments of Escrow Items when the payments are due, Lender may tel me in wring that an additonal amount is necessary. 1 will pay to Lender whatever addtional amount is necessary to pay the Escrow lems when the paymenis are due, but the number of payments will nt be more than 12. ‘When I have paid all of the Sums Secured, Lender wil promply refund to me any Esccow Funds that ae then being held by Lender. 4. Borrower's Obligation to Pay Charges, Assessments And Claims, I will pay all taxes, assessments, water charges, sewer rents and other similar charges, and any other charges and fines that may be imposed on the Property and that may be superior to this Security Instrument. {will also make ground rents or payments due under my lease if {am a tenant on the Property and Community Association Dues, Fees, and Assessments (i any) due on the Propery. If tese items are Escrow Items, | will do this by making the payments as described in Section 3 of this Security Instrument. In this Security Instrument, the word "Person" means any individual, organization, governmental authority or oer party T will prompuly pay or satisfy all Liens against the Property that may be superior o this Security Instrument, However, his Security Instrument does not require me to saisty a superior Lien if (a) I agree, in ‘writing, w pay the obligation which gave rise wo the superior Lien and Lender approves the way in which | agree to pay that obligation, but only so long as Iam performing such agreement; (b) in good faith, 1 argue or defend against the superior Lien in a lawsuit so that in Lender's opinion, during the lawsuit, the superior Lien ‘may not be enforced, but only until the lawsuit ends; or (c) I seewe from the holder of that other Lien an agreement, approved in wring by Lender, that the Lien of this Security Iastument is superior MOE. Form 3033 1/01 (NY) 020 01w the Lien held by dat Person, 1f Lender deuermines that any par of the Property is subject to a superior Lien, Lender may give Borrower a nouce idenufying the superior Lien. Within 10 days of the date on which the nouce is given, Borrower shall pay or sausfy the superior Lien oF tke one or more of the actions mentioned inthis Section Lender also may require me wo pay a one-time charge for an independent rel esate wx reporting service used by Lender in connection with the Loan, unless Applicable Law does not permit Lender vo make such a charge. 5. Borrower's Obligation to Maintain Hazard Insurance or Property Insurance. 1 will obtain hazard or propery insurance 1 cover all buildings and other improvements that now ate, oF in the Future will be, located on the Property. The insurance will cover loss or damage caused by fire, hazards normally covered by “Extended Coverage" hazard insurance policies, and any other hazards for which Lender requires coverage, including, but not limited 10 earthquakes and Noods. The insurance will be in the amounts (including, but not limited to, deducuble levels) and forthe periods of time required by Lender. What Lender requizes under the last sentence can change during the term of the Loan. I may choose the insurance company, but my choice is subject to Lender's right to disapprove. Lender may not disapprove my choice unless the disapproval is reasonable. Lender may require me to pay ether (a) a one-time charge for flood 2one determination, cenifcation and tracking services, or (b) one-time charge for flood zone determination and certficaion services and subsequent charges each time remappings or similar changes occur which reasonably might affect the flood zone determination or cerification. If I disagree with the flood zone determination, T may request the Federal Emergency Management Agency w review the ood zone ~¥ GE. DZENNY) coeH108 Page igen Form 3033 1/01