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3 CITS-CERT & REG FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Christi Underwood DEPUTY
DC-24-02377
CAUSE NO.
IN RE: ORDER FOR FORECLOSURE § INTHE DISTRICT COURT OF
CONCERNING 404 LEMONTREE LANE
DESOTO, TX 75115 UNDER TEX. R. CIV.
PROC. 736
DALLAS COUNTY, TEXAS
PETITIONER:
HSBC BANK USA, NATIONAL
ASSOCIATION, AS INDENTURE TRUSTEE 134th
FOR PEOPLE'S CHOICE HOME LOAN
SECURITIES TRUST SERIES 2004-2,
MORTGAGE PASS-THROUGH JUDICIAL DISTRICT
CERTIFICATES, SERIES 2004-2
RESPONDENT(S):
PAMELA MCDANIEL AND MARSH
MCDANIEL
APPLICATION FOR AN EXPEDITED ORDER UNDER RULE 736 ON AHOME EQUITY
LOAN
Petitioner is HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE
FOR PEOPLES CHOICE HOME LOAN SECURITIES TRUST SERIES 2004-2, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2004-2 by PHH MORTGAGE CORPORATION as
servicer, whose last known address is C/(O PHH MORTGAGE CORPORATION, 1661
WORTHINGTON ROAD SUITE 100, WEST PALM BEACH, FL 33409.
Respondent(s) is(are) PAMELA MCDANIEL AND MARSH MCDANIEL (hereinafter
“Respondent(s)”), whose last known address(es) is(are):
PAMELA MCDANIEL MARSH MCDANIEL
404 LEMONTREE LANE 404 LEMONTREE LANE
DESOTO, TX 75115 DESOTO, TX 75115
PETITIONER’S HOME EQUITY
Code No: 24076
FORECLOSURE APPLICATION Page 1
MWZM No: 24-000024-671-1
3. The property encumbered by the loan agreement, contract, or lien sought to be foreclosed
("Property") is commonly known as 404 LEMONTREE LANE, DESOTO, TX 75115 with the
following legal description:
SEE EXHIBIT A
Petitioner alleges:
A) The type of lien sought to be foreclosed is a home equity lien securing a debt created under
Tex. Const. Art. XVI §50(a)(6). The lien is indexed at Book 2004134, Page 10149 Document
2971789 and recorded in the real property records of DALLAS County, Texas.
B) Petitioner has the authority to seek foreclosure of the lien because it is the Beneficiary of the
security instrument.
The name of each Respondent obligated to pay the underlying debt or obligation evidenced by
the loan agreement, contract, or lien encumbering the property sought to be foreclosed is:
PAMELA MCDANIEL,
D) The name of each Respondent who is a mortgagor of the lien instrument sought to be
foreclosed, but who is not a maker or assumer of the underlying debt, is: MARSH
MCDANIEL;
E) As of 01/31/2024:
1 8 monthly installments have not been paid. The amount required to cure the default is
$8,465.56. According to Petitioner's records, all lawful offsets, payments, and credits have
been applied to the account in default.
2. The total amount required to pay off the loan agreement, contract, or lien is $120,711.64.
F) Notice to cure the default has been sent by certified mail to each Respondent who is obligated
to pay the underlying debt or obligation. The opportunity to cure has expired.
G) Before this application was filed, any other action required to initiate a foreclosure proceeding
by Texas law or the loan agreement, contract, or lien sought to be foreclosed was performed.
PETITIONER’S HOME EQUITY FORECLOSURE APPLICATION
Code No: 24076
Page 2
MWZM No: 24-000024-671
5. Legal action is not being sought against the occupant of the property unless the occupant is
named as a Respondent in this application.
If Petitioner obtains a court order, Petitioner will proceed with foreclosure of the property in
accordance with applicable law and the terms of the loan agreement, contract, or lien sought
to be foreclosed.
The following documents are attached to this application:
A) An affidavit or declaration of material facts describing the basis for foreclosure.
B) The note and security instrument establishing the lien.
C) The current assignment of the lien recorded in the real property records of the county where
the property is located.
D) A copy of each default notice required to be mailed to any Respondent under Texas law and
the loan agreement, contract, or lien sought to be foreclosed, and the USPS Tracking report
demonstrating that a notice was sent by certified mail before this application was filed.
Assert and protect your rights as a member of the armed forces of the United States. If you
or your spouse is serving on active military duty, including active military duty as a member
of the Texas National Guard or the National Guard of another state or as a member of a
reserve component of the armed forces of the United States, please send written notice of the
active duty military service to Petitioner or Petitioner's attorney immediately.
Prayer for Relief. Petitioner seeks an expedited order under Rule 736 so that it may proceed with
foreclosure in accordance with applicable law and terms of the loan agreement, contract, or lien
sought to be foreclosed.
PETITIONER’S HOME EQUITY FORECLOSURE APPLICATION Page 3
Code No: 24076
MWZM No: 24-000024-671-1
Respectfully submitted,
MACKIE WOLF ZIENTZ & MANN, P.C.
COL On 2
Lori Liahe'Pong
Attorney, State Bar No. 24072443
llong@mwzmlaw.com
Chelsea Schneider
Attomey, State Bar No. 24079820
cschneider@mwzmlaw.com
Brandon Wolf
Attorney, State Bar No. 24025724
bwolf@mwzmlaw.com
Ester Gonzales
Attorney, State Bar No. 24012708
egonzales@mwzmlaw.com
Karla Balli
Attomey, State Bar No. 24035997
kballi@mwzmlaw.com
Parkway Office Center, Suite 900
14160 Dallas Parkway
Dallas, TX 75254
(214) 635-2650 (Phone)
(214) 635-2686 (Fax)
ATTORNEYS FOR PETITIONER
PETITIONER’S HOME EQUITY FORECLOSURE APPLICATION Page 4
Code No: 24076
MWZM No: 24-000024-671
EXHIBIT A
BEING LOT 5 IN BLOCK 7 OF TWIN CREEK-PHASE TWO, AN ADDITION TO THE CITY OF
DESOTO, DALLAS COUNTY, TEXAS, ACCORDING TO THE REVISED MAP THEREOF
RECORDED IN VOLUME 85137, PAGE 67 OF THE MAP RECORDS OF DALLAS COUNTY,
TEXAS.
PETITIONER’S HOME EQUITY FORECLOSURE APPLICATION Page 5
Code No: 24076
MWZM No: 24-000024-671-1
CAUSE NO.
IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF
CONCERNING 404 LEMONTREE LANE
DESOTO, TX 75115 UNDER TEX. R. CIV.
PROC. 736
DALLAS COUNTY, TEXAS
PETITIONER:
HSBC BANK USA, NATIONAL
ASSOCIATION, AS INDENTURE TRUSTEE
FOR PEOPLE'S CHOICE HOME LOAN
SECURITIES TRUST SERIES 2004-2,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-2 JUDICIAL DISTRICT
RESPONDENT(S):
PAMELA MCDANIEL AND MARSH
MCDANIEL
AFFIDAVIT IN SUPPORT OF PETITIONER'S APPLICATION
FOR AN EXPEDITED ORDER UNDER RULE 736
STATE OF Florida
COUNTY OF Palm Beach
Before me, the undersigned notary, on this day personally appeared Franci Boothney,
and stated under oath:
1 My name is Franci Boothney. I am an adult and of sound mind.
2. lamaContract Management Coordinator for PHH Mortgage Corporation ("PHH Mortgage"),
servicer for Petitioner, whose address is 1661 Worthington Road, Suite 100, West Palm Beach, FL
33409. As such, I am authorized to make this affidavit. My affidavit concerns the account of
PAMELA MCDANIEL ("Obligor(s)").
T have read and understand the purpose of the application to which my affidavit is attached and
adopt by reference the statements made in it. I am the authorized agent or representative of
Petitioner with respect to Obligor*s account, and in that capacity, I am authorized to make this
affidavit on Petitioners behalf. My testimony is based on my experience, my knowledge of the
AFFIDAVIT IN SUPPORT OF APPLICATION FOR EXPEDITED FORECLOSURE PROCEEDING Page L
Code No: 24076
MWZM No: 24-000024-671-1
usual business practices of PHH Mortgage Corporation, and the servicing industry in general, my
job responsibilities, and the servicing records for Obligor‘s account.
Through my job responsibilities, I have access to and have reviewed the servicing records and data
for Obligor’s account, including electronic and computer-generated records and data compilations.
The records attached to the application are the original records or exact duplicates of the original
records kept in the servicing file for Obligor’s account.
Based on the regular practices of PHH Mortgage Corporation and the servicing industry in general,
these records:
A) were made at or near the time of each act, event, or condition set forth in the records;
B) were made by, or from information transmitted by, a person engaged in the servicing of
Obligor’s account who had actual knowledge of the acts, events or conditions recorded; and
C) are the kind of records that are kept in the regular course of servicing loan agreements.
It is the regular practice of businesses engaged in the servicing of loan agreements or other contracts
requiring the collection of money to keep accurate records on debits and credits to an account, an
account’s balance, the collateral securing the right to the lienholder’s right to repayment, and efforts
to enforce the underlying debt if the Obligor(s) has defaulted. These records are relied upon for
accuracy by all persons engaged in the servicing and enforcement of a loan agreement. There is no
indication that the servicing records for Obligor’s account are untrustworthy.
Based upon the servicing records for Obligor's account, the amount required to pay off the lien of
the Deed of Trust as of 01/31/2024 is $120,711.64 and as of 01/31/2024 the total amount to cure
the default is $8,465.56, which includes the payment due as of 1/1/2024. Obligor(s) failed to remit
the installment payment due for 06/01/2023, and the installments that have become due after that
date.
AFFIDAVIT IN SUPPORT OF APPLICATION FOR EXPEDITED FORECLOSURE PROCEEDING Page 2
‘Code No: 24076
MWZM No: 24-000024-671-1
8. I sign this affidavit based on the personal knowledge that I have obtained by reviewing the servicing
records for Obligor’s account. The statements made in the application and my affidavit are true
and correct as of the date stated.
Signed this by of febr var pi 024.
LEB AVES pe
PHH MORTGAGE CORPORATION SERVICEREORS,
PETITIONER,
Name: Franci Boothney
STATE OF Florida Title: C ‘ontract Management Coordinato
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me by means of [XJ physical presence or [ ] online
notarization, this day of _-- Lebtuscy 2024, by. Franci Boothney as Contract Manage-
ment Coordinator for PHH Mortgage Corporation Servicer for HSBC BANK USA, NATIONAL
ASSOCIATION, AS INDENTURE TRUSTEE FOR PEOPLE*S CHOICE HOME LOAN ECURITIES
TRUST SERIES 2004-2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-2, who is per-
onally known to me or who has produced as identification,
Ati Piuab
Signgfure of Notary Public
Name of Notary Public:
Juliana Thurab
—
oe >
Notary Commission Expi ration Date:
Personally known: a JULIANA THURAB
—_— Notary
OR Produced Identification: i: Public - Sta
mmission # HHte 376
of Florida f
Type of Identification Produced: ——_—— "SOrnG 'y
Come
Comm, Ex; 384
Pires Mar 24, 2027
ded through N: ational Notary Assn. D
AFFIDAVIT IN SUPPORT OF APPLICATION FOR EXPEDITED FORECLOSURE PROCEEDING Pago 3
Code No: 24076
MWZM No: 24-000024-671-1
J. ® «
THIS IS AN EXTENSION OF CREDIT AS DEFINED BY SECTION 50(a){6),
ARTICLE XVI OF THE TEXAS CONSTITUTIO!
THIS LOAN HAS A VARIABLE RATE OF INTEREST AS AUTHORIZED BY
SECTION 50(a)(6)(O), ARTICLE XVI OF THE TEXAS CONSTITUTION
TEXAS HOME EQUITY
FIXED/ADJUSTABLE RATE NOTE
LIBOR 6 Month Index (As Published In The Wall Street J urna ~ Rate Caps
ash Out- First Lien) _ ~ _ am
THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE
INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE | MUST PAY.
06/24/2004 IRVINE CALIFORNIA
[Date] [City] [State]
404 LEMONTREE LANE, DESOTO, TEXAS 75115 ~
. [Property Address]
1, BORROWER'S PROMISE TO PAY
‘This is an extension of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution (the
sti in
U.S, $118, 000,00 (this amount is
“Extension of Credit"). In return for a loan that | have recei
fp
, | promise to
rinel pal"), plus interest, to the order of the Lender. The Lender is P| LE'S CHOICEI HOME LOAN, ING.
ING CORPORATION. | will make all
order. | understand that the Lender may trans\ fort ments under this Note in the form of cash, check, or mone
hi is Note, The Lender or anyone who takes this Note by transfer
and who Is entitled to receive payments under this Note is called the “Note Holder."
| understand that this is not an open-end-account that may be debited from time to time or under which
credit may be extended fram time to time,
The, property described above b erty Address is subject to the lien of the security instrument
executed concurrently herewith (the.” Instrument").
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. | will pay Interest
ata yearly rate of 8.990%. The interest rate | pay may change in accordance with Section 4 of this Note. The
detarest rate required by this Section 2 and Section 4 of this Note Is the rate { will pay both before and after any
ult described In Section 7(B) of this Note, It Is agreed that the total of all Interest and other char
constitute interest under applicable flaw shall not exceed the maximum amount of interest permite d iby
§ that
applicable
law. Nothing in this Note or the Security Instrument shall entitle the Note Holder upon any contingency or event
whatsoever, including by reason of acceleration of the maturity or prepayment of the loan, to receive or collect
interest or other charges that constitute interest in excess of the highest rate allowed by applicable law on the
i strument,
rincipal or on a monetary obligation incurred to protect the proper
ns
described above authorized by the Security
and in no event shall | be obligated to pay interest In excess of such rate.
3. PAYMENTS
(A) Time and Place of Payments
J will pay principal and interest by making payments every month.
1 will make my monthly payments on the ist day of each month beginning on August 1, 2004. |will make
these payments every month until [ have paid all of the principal and interest and any other charges described
i
below that | may owe under this Note. My monthly payments will be a plied to interest before principal. If, on July
1, 2034, | still owe amounts under this Note, | will pay those amounts in full on that date, which is called the
“Maturity, Date."
txhearmd page 1 of 5 04/15/03
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‘will make my monthly payments at P.O.Box 512809, Los Angeles, CA 90051-5128 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. $948.61 . This amount may change.
(C) Monthly Payment Changes
He
Changes in my monthly pa ‘ment will reflect changes in the unpaid principal of my loan and in the interest
rate that 1 must pay. The Note older will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note.
4, ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
{A) Change Dates
h
The initial fixed interest rate | will pay will change to an adjustable interest rate on the 1st day of July, 2006
and the adjustable interest rate | will pay may change every 6it month thereafter. The date on which
fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable. interest rate
initial
could change, is called a “Change Date."
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is
the
(LB average of interbank offered rates for § month U.S. dollar-denominated deposits in the London Market
OR"), as ublished in The Wall Street Joumal. The most recent Index figure available as of the date 45 days
hi
before each Cl ange Date is called the "Current Index."
fe
If the Index is no lon: jer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Hol ider 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 addin, six percentage
point(s) ( 6.000%) to the Current Index. The Note Holder will then round the result of this adi ition to the nearest
one-eighth of one percentage point (0.126%). Subject to the limits stated in Section 4(D) below, this rounded
amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the mont thly payment that would be sufficient to repay the
E
unpald ri incipal that | am expected to owe at the Change Date in full on the Maturity Date at my new interast rate
t The
in subs! intial equal successive month! ments, each of which will exceed the amount of accrued interest as
of the date of he scheduled installment. @ result of this calculation will be the new amountof my monthly
payment,
(D) Limits on Interest Rate Changes
The interest rate | am required to pay at the first Change Date will not be greater than 11.990% or less than
8.990%. Thereafter, my adjustable interest rate will nevei r be increased or decreased on any single Change Date by
more than one percentage points 1.000%) from the rate of interest | have been paying for the preceding 6 months.
My interest rate will never be gre: ater than 14.990%, which is called the "Maximum Rate," or less than 8.990%, which
is called the "Minimum Rate".
{E) Effective Date of Changes
My new interest rate will become effective on ea ich Change Date. | will pay the amount of my new monthly
payment beginning on the first monthly payment da te 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 change in my initial fixed interest rate to an adjustable
intel rest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice
fi
will include the amount of my monthly ayment, any information required by law to be given me and also the
telephone number of a person who wil al inswer any question | may have regarding the notice.
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5, BORROWER'S RIGHT TO PREPAY
! have the right to make payments of principal at a im
known as a “prepayment. When | make a prepayment, Yai fore they are due. A payment of principal only is
the Note Holderin writing that | am doing so.
| may make a full prepayment or partial prepayments without payin:
Holder will use all of my prepayments to reduce the amount of principal tha
ny prepayment charge. The Note
it] owe under this Note. However, the
note holder may apply my prepayment to the accrued and unpaid interest on the prepayment amount before
arta %
a my prepayment to reduce the principal amount of this note. If! make
prepayment, there will be no chan:
f
in the due dates of my monthly ayments unless the Note
a
Holder agrees in writing to those cha inges.
i
be o fs et by an interest rate increase.
payments after the first Chan je Date
pattial prepayment may
ft
partial prepayment mi at reduce he amount of my monthly
lowing my partial prepayment However, any reduction due to my
6. LOAN CHARGES AND FEES
All agreements between Note Holder and me are expressly limited so that any interest, loan charges or fees
(other than interest) collected or to be collected from me, any owner or the spouse of any y owner of the prope:
cling, insuring or servicing
described above in connection with the origination, evaluation, maintenance, reco! rai
the Extension of Credit shall not exceed, in the aggregate, the highest amount allot by applicable law.
at
If a lw, which applies to this loan and which sets maximum interest, loan charges or fees, is final
I
interpreted so that the interest, loan charges or fees collected or to be col llected in connection with this loan
exceed the permitted limits, or a determination is made at any time by the Note Holder that interest, loan charges
f
or fees collected or to be collected in connection with this loan exceed the pennitted limit, then: i) any such
interest, loan charges or fees shall be reduced by the amount necessary to reduce the int terest loan charges or
fees to the permitted limit; and ({l) any sums already collected from me which exceeded permi itte d limits will be
1
refunded to me. The Note Holder mai choose to make this refund by reducing the principal | owe under this Note
or by making direct payment to me. | a refund reduces princl , the reduction will be treated as a partial
prepayment. My acceptance of any such refund will constitute a waiver of any right of action 1 might have
arising out of such overcharge.
Itls‘the express intention of the Note Holder and me to structure this Extension of Credit to conform to the
provisions of the Texas Constitution applicable to extensions of credit as defined by Section 50(a)(6), Article XVI
je Texas Constitution. If, from any circumstance whatsoever, any promise, ment, obligation or provision of
this Note, the Security Instrument or any other loan document involving this tenision of Credit transcends the
limit of validit prescribed by applicable law, then such promise, payment, obligation or provision shall be reduced
to the limit o such validity, or eltminated as a requirement If necessary for compliance with such law, and such
dequment shall be automatically reformed without the necessity of the execution of any new amendment or new
document.
The provisions of this Section 6 shall supersede any inconsistent provision of this Note or the Security
instrument,
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge 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, | will pay a late char je to the Note Holder. The amount of the charge will be 6.000% of
overdue payment of principal and interest. Wi ill pay this late charge promptly but only once on each late payment.
{B) Default
If 1 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] am in default, the Note Holder may send me a written notice by certified mail telling me that if | do not pay
the-overdue
q amount by a certain date, the Note Holder may require me to pay immediately the full amount of
f
principal which has not been aid and all the interest that ! owe on that amount. That date must be at least 30
days after the date on which hi @ notice is deposited in the United States mail, postage prepaid and addressed to
vat my last known address as shown by the records of the Note Holder. This Note may not be accelerated
begause of a decrease in the market value of the property described above or because of the property owner's
default under any indebtedness not evidenced by this Note or the Security Instrument.
‘txhearm3. page3 of 5 04/15/03
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(D) No Waiver By Note Holder
Even if, at a time when | am in default, the Note Holder does not require me to immediately in full
as described above, the Note H older will still have the right to do so if | am in default at a later time.
.
{B) 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 including Section 50(a)(6), Article XVI of the Texas Constitution. Those expenses include, for
example, reasonable attomeys' fees. | understand that these expenses are not contemplated as fees to be
incurred In connection with maintaining or servicing this Extension of Credit.
8, GIVING OF NOTICES
b i
Unless ap licable law requires a different method, any notice that must be given to me under this Note will
jiven by del livering it or by mailing it by first class mail fo me at the Property Address above or at a different
address if] give the Note Holder a notice of my different address,
Any notice that must be given to the Note Holder under this Note will be given in writing by mailing it
by first class mail to the Note Holder at the address stated In Section 3
if1!am given a notice of that different address. However, If the purpose otabove or at a different address
the notice is to notify Note
Holder of failure by the Note Holderto comply with Note Holder's obligations under this Extension of
Credit, or noncompliance with any provisions of the Texas Constitution applicable to extensions of credit
as defined by Section 50(a)(6), Article XVI of the Texas constitution, then notice by certified mail is
required,
9, OBLIGATIONS OF PERSONS UNDER THIS NOTE
bh
Subject to the limitation of personal liabil described below, each person who signs this Note is responsible
for ensuring that all of the my promises and o igations in this Note are performed, inel luding the payment of the
fullamount owed. Any person who takes over these obligations is also so responsible.
l understand that Section 50( AEC), Article XVI of the Texas Constitution provides that this Note is given
without personal liability against e ach owner of the pro} described above and against the spouse of
each owner unless the owner or spouse obtained this Extension of Credit by actual fraud. This means that,
absent such actual fraud, the Note Holder can enforce its rights under thls Note solely a jainst the property
described above and not personally against any owner of such property or the spouse 0 an owner.
If this Extension of Credit ts obtained
amounts due under this Note. This means i
such actual fraud, | will be ersonally liable for the pa ment of any
jat a personal judgment cou Id be obtained against me if | fail to
Fo ider's sale of ft the property
0 a
form my res S| jonsibilities under this Note, including a judgment for any deficien Cc) that results from Note
described above foran amount less than is owing unt ler this Note.
If not prohibited by Section 50(a)(6)(C), Article XVI of the Texas Constitution, this Section 9 shall not impair
in any way the right of the Note Holder to collect all sums due under this Note or pi rajudice the right of the Note
Holder as to any promises or conditions of this Note.
10. WAIVERS
J 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 Holderto 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,:SEGURED NOTE
In addition to the protections given to the Note Holder under this Note, the Security instrument, dated the
same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the
promises which | make in this Note, The Security Instrument describes how and under what conditions | may be
Tequired to make immediate payment in full of all amounts | owe under this Note. Some of those conditions are
described as follows;
txhearm4 , page 4 of 5 04/15/03
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Transfer of the Property or a Beneficial Interest in Borrower. As used in this section 17,
“Interest In the Property" means any legal or beneficial interest in the property, including, but not limited
to, those beneficial interests transfer in a bond or deed, contract for deed, installment sales contract
or escrow a
purchaser. If a ll or any
et ement, the intent of which is the transfer of title by borrower at a future date to a
part of the Property or any interest in it is sold or transferred (or if a beneficial
written consent, Lender may, at its option,
al ?
interest in Borrower Is sold or transferred and Borrower Is not a natural perso! n) without Lender's
uh ire immediate payment in full o all sums secured
Security Instrument. However, this option sh | not be exercised by Lender if exercise is prohibit
prior
this
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 14
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the e xpiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice ar damand on Borrower.
12. APPLICABLE LAW
This Note shall be governed by the laws of the State of Te: Xa: and.any applicable federal aw. In- .
the-event of any conflict between the Texas Constitution and other applicable law, it Is the Intent that
the:provisions of the Texas Constitution shall be applied to resolve thé conflict. in the event of a
extent of such con! ite i on
conflict between ant ravision of this Note and applicable law, the a}a licable law shall control to the
and the conflictin provisions contained fri-thi: iS.is jote shall be madjfied:to the
extent necessary to comply with applicable law. All other provisions in this Note will remain fully
effective and enforceable,
13, NO ORAL AGREEMENTS:
THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 286.02 OF
RGR TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES, THIS WRITTEN
EEMENT REPRESENTS THE FINAL AGREEM ENT BETWEEN THE PARTIES AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIO CONTEMPORANEOUS, OR SUBSEQUENT ORA\
AGREEMENTS OF THE PARTIES, THERE RE NO UNWRITTEN O} RA L AGREEMENTS BETWEEN THE
Botrower has executed and acknowledges receipt of pages 1 through 5 of this Note.
WITNESS THE HAND(S) OF THE UNDERSIGNED.
[DQ NOT SIGN IF THERE ARE BLANKS LEFT TO BE COMPLETED IN THIS DOCUMENT. THIS DOCUMENT
MUST BE EXECUTED AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW OR A TITLE COMPANY.
YOU MUST RI CEIVE A COPY OF {S DOCUMENT Al FT ER YOU HAVE SIGNED IT.]
‘AMELAIMC! Date
en
Date "Date
Date Date
txhearmS: page 5 of 5 04/15/03
SS
“PAY VO THE ORDER OF
Without recourse”
PEOPLE: CHOICE HOME LOAN, INC
A Wyoming Corporation
by
Vicecu
Title:_Eye ti
Pres ve
iden t
HSBC Bank USA, NA. as Trustee, in trust for the
registerest holders of People's Choice Home Loan,
Seetuities Trist Serles 2004-2, Mortgage =.
Pass: Through Cartificates.
sat nwustctensboneseentat
br ‘
:
le’ . Choice Xome Loan,
Ino,
78: IRVINE CENTER DR., fo
om, CA 92618 Fidell jational Title
808 Tr , Suite 1520
Prepared By: Houston, TX 77002
Pam Ingalls 7515 irvine
Center Drive, Irvine, CA 2971789
s261e arigr RECORDING RETURN TO: 4721945 $52.00 deed of Trust
OiEH
FIDELITY NATIONAL TITLE.
a
1945 WALNUT HILL LANE.
IRVING, ‘Ss.
ce Above This Lime for Recording Date]
THIS SECURITY INSTRUMENT SECURES AN EXTENSION ‘OF!
SECTION 50(a)(6), ARTICLE XVI OF THE TEXAS CONSTITUTION.
TEXAS HOME EQUITY SECURITY INSTRUMENT
First Lien) ,
This Security Instrument is not intended to finance Bors]
ty.
NOTICE OF CONFIDENTIALITY RIGHTS:
If you are a natural person, you ma y remove or strike any of the followin;
information from this instrument befor re it is filed for record in the public records:
your social security number or your drive ‘et's license number.
DEFINITIONS
Words used in multiple sections of this document are defined below and other
words are defined in
Sections 3, 10, 12, 17, 19, 20 and 21. Certain rules regartheding
usage of words used in this document
are also provided in Section 15.
(A) "Security Instrument’ means this document, which is dated June 24, 2006
together with all Riders to this document. .
{B) "Borrower" is PAMELA WCDANIRI, A MARRIED PERSON, JOIMRD NEREIN BY MARSK
MCDANIEL
Borrower is the grantor under this Security Instrument.
(C) "Lender" is PROPLE'# CHOICE HOME LOAM, INC.
Lender isa CORPORATION
organized and existing under the laws of WYOMING
ERAS HOME EQUITY SECURITY WISTRUMENT (Fist Lien)}Fannie Maefredéie Mac UNFORM INSTRUMENT WITH
QBwernor0 form zoe 101
Paget oti? Inca,
wP
YUP Mompage Soutons (8001521 7291,
i
M34 foigs i
oe = ve erwy se terrence
i
ve
Lender's address is 7518 IRVINE CENTER DR., IRVINE, CA 92618
Lender includes any holder of the Note who is entitled to receive
(D) "Trustee" is Dennis P. schwartz, 1446 Meritage Drive under the Note.
McKinney, TX 75069
1446 weritage Drive, McKinney, Tx 75069 - Trustee's address is
{E) *MERS" is Mortgage Electronic Registration 5} ystems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's suc ‘cessors and assigns. MERS is the beneficiary
under this Security Instrument. MERS is o1 and existing under the laws of Delaware, has an
number of P.O. Box 2026, Flint, MI 48501 - 2026, tel, (888) 679-MERS.
{F) *Note* means the Promissory note signed by Borrower and dated Sune 24, 2004
‘The Note statesthat Borrower owes OWE HUNDRED EIGHTEEN TROUSAMD AND 00/100
Dollars
(U.S. $ 218,000.00
Payments and to pay the debt in ) lus interest.Bjorrower has promised to pay this debt in regular Periodic
full not later than duly 1, 2034
{C) "Property* meare the property that is described below under the heading “Transfer of Rights in the
(H) "Extensi of Credit”
on meathens debt ev idenced by the Note, as defined by Section 50(a)(6), Article
XVI of the Texas Constitu and tion
all the doc "uments executed in connection with
(I) "Riders" means all riders to this Securit that are executed by Borrower. The following
Fiders are to be executed by Borrower [check boxInstrument
as applicable]:
5 ‘Texas Home Equity Condominium Rider
Texas Home Equity Planned Unit Development Rider Other: Ad}, Rate Rider
U) "Applicable Law" means all c controlling applicable federal, state and local statutes, re lations,
ordinances and administrative rules and orders (that have the effect of law) as well as
non-appealable judicial opinions. all applicable final,
(K) "Community Association Du ies, Fees, and Assessments" means all dues, fees, assessments and
charges that are imposed on Bor rower or the Property by a condominium association, homeownother ers
association or similar organization.
(L) "Electronic
Preview
l 2/13/2024 1:01 PM 3 CITS-CERT & REG FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Christi Underwood DEPUTY DC-24-02377 CAUSE NO. IN RE: ORDER FOR FORECLOSURE § INTHE DISTRICT COURT OF CONCERNING 404 LEMONTREE LANE DESOTO, TX 75115 UNDER TEX. R. CIV. PROC. 736 DALLAS COUNTY, TEXAS PETITIONER: HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE 134th FOR PEOPLE'S CHOICE HOME LOAN SECURITIES TRUST SERIES 2004-2, MORTGAGE PASS-THROUGH JUDICIAL DISTRICT CERTIFICATES, SERIES 2004-2 RESPONDENT(S): PAMELA MCDANIEL AND MARSH MCDANIEL APPLICATION FOR AN EXPEDITED ORDER UNDER RULE 736 ON AHOME EQUITY LOAN Petitioner is HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR PEOPLES CHOICE HOME LOAN SECURITIES TRUST SERIES 2004-2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-2 by PHH MORTGAGE CORPORATION as servicer, whose last known address is C/(O PHH MORTGAGE CORPORATION, 1661 WORTHINGTON ROAD SUITE 100, WEST PALM BEACH, FL 33409. Respondent(s) is(are) PAMELA MCDANIEL AND MARSH MCDANIEL (hereinafter “Respondent(s)”), whose last known address(es) is(are): PAMELA MCDANIEL MARSH MCDANIEL 404 LEMONTREE LANE 404 LEMONTREE LANE DESOTO, TX 75115 DESOTO, TX 75115 PETITIONER’S HOME EQUITY Code No: 24076 FORECLOSURE APPLICATION Page 1 MWZM No: 24-000024-671-1 3. The property encumbered by the loan agreement, contract, or lien sought to be foreclosed ("Property") is commonly known as 404 LEMONTREE LANE, DESOTO, TX 75115 with the following legal description: SEE EXHIBIT A Petitioner alleges: A) The type of lien sought to be foreclosed is a home equity lien securing a debt created under Tex. Const. Art. XVI §50(a)(6). The lien is indexed at Book 2004134, Page 10149 Document 2971789 and recorded in the real property records of DALLAS County, Texas. B) Petitioner has the authority to seek foreclosure of the lien because it is the Beneficiary of the security instrument. The name of each Respondent obligated to pay the underlying debt or obligation evidenced by the loan agreement, contract, or lien encumbering the property sought to be foreclosed is: PAMELA MCDANIEL, D) The name of each Respondent who is a mortgagor of the lien instrument sought to be foreclosed, but who is not a maker or assumer of the underlying debt, is: MARSH MCDANIEL; E) As of 01/31/2024: 1 8 monthly installments have not been paid. The amount required to cure the default is $8,465.56. According to Petitioner's records, all lawful offsets, payments, and credits have been applied to the account in default. 2. The total amount required to pay off the loan agreement, contract, or lien is $120,711.64. F) Notice to cure the default has been sent by certified mail to each Respondent who is obligated to pay the underlying debt or obligation. The opportunity to cure has expired. G) Before this application was filed, any other action required to initiate a foreclosure proceeding by Texas law or the loan agreement, contract, or lien sought to be foreclosed was performed. PETITIONER’S HOME EQUITY FORECLOSURE APPLICATION Code No: 24076 Page 2 MWZM No: 24-000024-671 5. Legal action is not being sought against the occupant of the property unless the occupant is named as a Respondent in this application. If Petitioner obtains a court order, Petitioner will proceed with foreclosure of the property in accordance with applicable law and the terms of the loan agreement, contract, or lien sought to be foreclosed. The following documents are attached to this application: A) An affidavit or declaration of material facts describing the basis for foreclosure. B) The note and security instrument establishing the lien. C) The current assignment of the lien recorded in the real property records of the county where the property is located. D) A copy of each default notice required to be mailed to any Respondent under Texas law and the loan agreement, contract, or lien sought to be foreclosed, and the USPS Tracking report demonstrating that a notice was sent by certified mail before this application was filed. Assert and protect your rights as a member of the armed forces of the United States. If you or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to Petitioner or Petitioner's attorney immediately. Prayer for Relief. Petitioner seeks an expedited order under Rule 736 so that it may proceed with foreclosure in accordance with applicable law and terms of the loan agreement, contract, or lien sought to be foreclosed. PETITIONER’S HOME EQUITY FORECLOSURE APPLICATION Page 3 Code No: 24076 MWZM No: 24-000024-671-1 Respectfully submitted, MACKIE WOLF ZIENTZ & MANN, P.C. COL On 2 Lori Liahe'Pong Attorney, State Bar No. 24072443 llong@mwzmlaw.com Chelsea Schneider Attomey, State Bar No. 24079820 cschneider@mwzmlaw.com Brandon Wolf Attorney, State Bar No. 24025724 bwolf@mwzmlaw.com Ester Gonzales Attorney, State Bar No. 24012708 egonzales@mwzmlaw.com Karla Balli Attomey, State Bar No. 24035997 kballi@mwzmlaw.com Parkway Office Center, Suite 900 14160 Dallas Parkway Dallas, TX 75254 (214) 635-2650 (Phone) (214) 635-2686 (Fax) ATTORNEYS FOR PETITIONER PETITIONER’S HOME EQUITY FORECLOSURE APPLICATION Page 4 Code No: 24076 MWZM No: 24-000024-671 EXHIBIT A BEING LOT 5 IN BLOCK 7 OF TWIN CREEK-PHASE TWO, AN ADDITION TO THE CITY OF DESOTO, DALLAS COUNTY, TEXAS, ACCORDING TO THE REVISED MAP THEREOF RECORDED IN VOLUME 85137, PAGE 67 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS. PETITIONER’S HOME EQUITY FORECLOSURE APPLICATION Page 5 Code No: 24076 MWZM No: 24-000024-671-1 CAUSE NO. IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF CONCERNING 404 LEMONTREE LANE DESOTO, TX 75115 UNDER TEX. R. CIV. PROC. 736 DALLAS COUNTY, TEXAS PETITIONER: HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR PEOPLE'S CHOICE HOME LOAN SECURITIES TRUST SERIES 2004-2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-2 JUDICIAL DISTRICT RESPONDENT(S): PAMELA MCDANIEL AND MARSH MCDANIEL AFFIDAVIT IN SUPPORT OF PETITIONER'S APPLICATION FOR AN EXPEDITED ORDER UNDER RULE 736 STATE OF Florida COUNTY OF Palm Beach Before me, the undersigned notary, on this day personally appeared Franci Boothney, and stated under oath: 1 My name is Franci Boothney. I am an adult and of sound mind. 2. lamaContract Management Coordinator for PHH Mortgage Corporation ("PHH Mortgage"), servicer for Petitioner, whose address is 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. As such, I am authorized to make this affidavit. My affidavit concerns the account of PAMELA MCDANIEL ("Obligor(s)"). T have read and understand the purpose of the application to which my affidavit is attached and adopt by reference the statements made in it. I am the authorized agent or representative of Petitioner with respect to Obligor*s account, and in that capacity, I am authorized to make this affidavit on Petitioners behalf. My testimony is based on my experience, my knowledge of the AFFIDAVIT IN SUPPORT OF APPLICATION FOR EXPEDITED FORECLOSURE PROCEEDING Page L Code No: 24076 MWZM No: 24-000024-671-1 usual business practices of PHH Mortgage Corporation, and the servicing industry in general, my job responsibilities, and the servicing records for Obligor‘s account. Through my job responsibilities, I have access to and have reviewed the servicing records and data for Obligor’s account, including electronic and computer-generated records and data compilations. The records attached to the application are the original records or exact duplicates of the original records kept in the servicing file for Obligor’s account. Based on the regular practices of PHH Mortgage Corporation and the servicing industry in general, these records: A) were made at or near the time of each act, event, or condition set forth in the records; B) were made by, or from information transmitted by, a person engaged in the servicing of Obligor’s account who had actual knowledge of the acts, events or conditions recorded; and C) are the kind of records that are kept in the regular course of servicing loan agreements. It is the regular practice of businesses engaged in the servicing of loan agreements or other contracts requiring the collection of money to keep accurate records on debits and credits to an account, an account’s balance, the collateral securing the right to the lienholder’s right to repayment, and efforts to enforce the underlying debt if the Obligor(s) has defaulted. These records are relied upon for accuracy by all persons engaged in the servicing and enforcement of a loan agreement. There is no indication that the servicing records for Obligor’s account are untrustworthy. Based upon the servicing records for Obligor's account, the amount required to pay off the lien of the Deed of Trust as of 01/31/2024 is $120,711.64 and as of 01/31/2024 the total amount to cure the default is $8,465.56, which includes the payment due as of 1/1/2024. Obligor(s) failed to remit the installment payment due for 06/01/2023, and the installments that have become due after that date. AFFIDAVIT IN SUPPORT OF APPLICATION FOR EXPEDITED FORECLOSURE PROCEEDING Page 2 ‘Code No: 24076 MWZM No: 24-000024-671-1 8. I sign this affidavit based on the personal knowledge that I have obtained by reviewing the servicing records for Obligor’s account. The statements made in the application and my affidavit are true and correct as of the date stated. Signed this by of febr var pi 024. LEB AVES pe PHH MORTGAGE CORPORATION SERVICEREORS, PETITIONER, Name: Franci Boothney STATE OF Florida Title: C ‘ontract Management Coordinato COUNTY OF Palm Beach The foregoing instrument was acknowledged before me by means of [XJ physical presence or [ ] online notarization, this day of _-- Lebtuscy 2024, by. Franci Boothney as Contract Manage- ment Coordinator for PHH Mortgage Corporation Servicer for HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR PEOPLE*S CHOICE HOME LOAN ECURITIES TRUST SERIES 2004-2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-2, who is per- onally known to me or who has produced as identification, Ati Piuab Signgfure of Notary Public Name of Notary Public: Juliana Thurab — oe > Notary Commission Expi ration Date: Personally known: a JULIANA THURAB —_— Notary OR Produced Identification: i: Public - Sta mmission # HHte 376 of Florida f Type of Identification Produced: ——_—— "SOrnG 'y Come Comm, Ex; 384 Pires Mar 24, 2027 ded through N: ational Notary Assn. D AFFIDAVIT IN SUPPORT OF APPLICATION FOR EXPEDITED FORECLOSURE PROCEEDING Pago 3 Code No: 24076 MWZM No: 24-000024-671-1 J. ® « THIS IS AN EXTENSION OF CREDIT AS DEFINED BY SECTION 50(a){6), ARTICLE XVI OF THE TEXAS CONSTITUTIO! THIS LOAN HAS A VARIABLE RATE OF INTEREST AS AUTHORIZED BY SECTION 50(a)(6)(O), ARTICLE XVI OF THE TEXAS CONSTITUTION TEXAS HOME EQUITY FIXED/ADJUSTABLE RATE NOTE LIBOR 6 Month Index (As Published In The Wall Street J urna ~ Rate Caps ash Out- First Lien) _ ~ _ am THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE | MUST PAY. 06/24/2004 IRVINE CALIFORNIA [Date] [City] [State] 404 LEMONTREE LANE, DESOTO, TEXAS 75115 ~ . [Property Address] 1, BORROWER'S PROMISE TO PAY ‘This is an extension of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution (the sti in U.S, $118, 000,00 (this amount is “Extension of Credit"). In return for a loan that | have recei fp , | promise to rinel pal"), plus interest, to the order of the Lender. The Lender is P| LE'S CHOICEI HOME LOAN, ING. ING CORPORATION. | will make all order. | understand that the Lender may trans\ fort ments under this Note in the form of cash, check, or mone hi is Note, The Lender or anyone who takes this Note by transfer and who Is entitled to receive payments under this Note is called the “Note Holder." | understand that this is not an open-end-account that may be debited from time to time or under which credit may be extended fram time to time, The, property described above b erty Address is subject to the lien of the security instrument executed concurrently herewith (the.” Instrument"). 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. | will pay Interest ata yearly rate of 8.990%. The interest rate | pay may change in accordance with Section 4 of this Note. The detarest rate required by this Section 2 and Section 4 of this Note Is the rate { will pay both before and after any ult described In Section 7(B) of this Note, It Is agreed that the total of all Interest and other char constitute interest under applicable flaw shall not exceed the maximum amount of interest permite d iby § that applicable law. Nothing in this Note or the Security Instrument shall entitle the Note Holder upon any contingency or event whatsoever, including by reason of acceleration of the maturity or prepayment of the loan, to receive or collect interest or other charges that constitute interest in excess of the highest rate allowed by applicable law on the i strument, rincipal or on a monetary obligation incurred to protect the proper ns described above authorized by the Security and in no event shall | be obligated to pay interest In excess of such rate. 3. PAYMENTS (A) Time and Place of Payments J will pay principal and interest by making payments every month. 1 will make my monthly payments on the ist day of each month beginning on August 1, 2004. |will make these payments every month until [ have paid all of the principal and interest and any other charges described i below that | may owe under this Note. My monthly payments will be a plied to interest before principal. If, on July 1, 2034, | still owe amounts under this Note, | will pay those amounts in full on that date, which is called the “Maturity, Date." txhearmd page 1 of 5 04/15/03 ® @ ‘will make my monthly payments at P.O.Box 512809, Los Angeles, CA 90051-5128 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. $948.61 . This amount may change. (C) Monthly Payment Changes He Changes in my monthly pa ‘ment will reflect changes in the unpaid principal of my loan and in the interest rate that 1 must pay. The Note older will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4, ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES {A) Change Dates h The initial fixed interest rate | will pay will change to an adjustable interest rate on the 1st day of July, 2006 and the adjustable interest rate | will pay may change every 6it month thereafter. The date on which fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable. interest rate initial could change, is called a “Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the (LB average of interbank offered rates for § month U.S. dollar-denominated deposits in the London Market OR"), as ublished in The Wall Street Joumal. The most recent Index figure available as of the date 45 days hi before each Cl ange Date is called the "Current Index." fe If the Index is no lon: jer available, the Note Holder will choose a new index that is based upon comparable information. The Note Hol ider 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 addin, six percentage point(s) ( 6.000%) to the Current Index. The Note Holder will then round the result of this adi ition to the nearest one-eighth of one percentage point (0.126%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the mont thly payment that would be sufficient to repay the E unpald ri incipal that | am expected to owe at the Change Date in full on the Maturity Date at my new interast rate t The in subs! intial equal successive month! ments, each of which will exceed the amount of accrued interest as of the date of he scheduled installment. @ result of this calculation will be the new amountof my monthly payment, (D) Limits on Interest Rate Changes The interest rate | am required to pay at the first Change Date will not be greater than 11.990% or less than 8.990%. Thereafter, my adjustable interest rate will nevei r be increased or decreased on any single Change Date by more than one percentage points 1.000%) from the rate of interest | have been paying for the preceding 6 months. My interest rate will never be gre: ater than 14.990%, which is called the "Maximum Rate," or less than 8.990%, which is called the "Minimum Rate". {E) Effective Date of Changes My new interest rate will become effective on ea ich Change Date. | will pay the amount of my new monthly payment beginning on the first monthly payment da te 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 change in my initial fixed interest rate to an adjustable intel rest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice fi will include the amount of my monthly ayment, any information required by law to be given me and also the telephone number of a person who wil al inswer any question | may have regarding the notice. txhearm2 page 2 of 5 04/16/03 " ® @ 5, BORROWER'S RIGHT TO PREPAY ! have the right to make payments of principal at a im known as a “prepayment. When | make a prepayment, Yai fore they are due. A payment of principal only is the Note Holderin writing that | am doing so. | may make a full prepayment or partial prepayments without payin: Holder will use all of my prepayments to reduce the amount of principal tha ny prepayment charge. The Note it] owe under this Note. However, the note holder may apply my prepayment to the accrued and unpaid interest on the prepayment amount before arta % a my prepayment to reduce the principal amount of this note. If! make prepayment, there will be no chan: f in the due dates of my monthly ayments unless the Note a Holder agrees in writing to those cha inges. i be o fs et by an interest rate increase. payments after the first Chan je Date pattial prepayment may ft partial prepayment mi at reduce he amount of my monthly lowing my partial prepayment However, any reduction due to my 6. LOAN CHARGES AND FEES All agreements between Note Holder and me are expressly limited so that any interest, loan charges or fees (other than interest) collected or to be collected from me, any owner or the spouse of any y owner of the prope: cling, insuring or servicing described above in connection with the origination, evaluation, maintenance, reco! rai the Extension of Credit shall not exceed, in the aggregate, the highest amount allot by applicable law. at If a lw, which applies to this loan and which sets maximum interest, loan charges or fees, is final I interpreted so that the interest, loan charges or fees collected or to be col llected in connection with this loan exceed the permitted limits, or a determination is made at any time by the Note Holder that interest, loan charges f or fees collected or to be collected in connection with this loan exceed the pennitted limit, then: i) any such interest, loan charges or fees shall be reduced by the amount necessary to reduce the int terest loan charges or fees to the permitted limit; and ({l) any sums already collected from me which exceeded permi itte d limits will be 1 refunded to me. The Note Holder mai choose to make this refund by reducing the principal | owe under this Note or by making direct payment to me. | a refund reduces princl , the reduction will be treated as a partial prepayment. My acceptance of any such refund will constitute a waiver of any right of action 1 might have arising out of such overcharge. Itls‘the express intention of the Note Holder and me to structure this Extension of Credit to conform to the provisions of the Texas Constitution applicable to extensions of credit as defined by Section 50(a)(6), Article XVI je Texas Constitution. If, from any circumstance whatsoever, any promise, ment, obligation or provision of this Note, the Security Instrument or any other loan document involving this tenision of Credit transcends the limit of validit prescribed by applicable law, then such promise, payment, obligation or provision shall be reduced to the limit o such validity, or eltminated as a requirement If necessary for compliance with such law, and such dequment shall be automatically reformed without the necessity of the execution of any new amendment or new document. The provisions of this Section 6 shall supersede any inconsistent provision of this Note or the Security instrument, 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge 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, | will pay a late char je to the Note Holder. The amount of the charge will be 6.000% of overdue payment of principal and interest. Wi ill pay this late charge promptly but only once on each late payment. {B) Default If 1 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] am in default, the Note Holder may send me a written notice by certified mail telling me that if | do not pay the-overdue q amount by a certain date, the Note Holder may require me to pay immediately the full amount of f principal which has not been aid and all the interest that ! owe on that amount. That date must be at least 30 days after the date on which hi @ notice is deposited in the United States mail, postage prepaid and addressed to vat my last known address as shown by the records of the Note Holder. This Note may not be accelerated begause of a decrease in the market value of the property described above or because of the property owner's default under any indebtedness not evidenced by this Note or the Security Instrument. ‘txhearm3. page3 of 5 04/15/03 oo e @ . (D) No Waiver By Note Holder Even if, at a time when | am in default, the Note Holder does not require me to immediately in full as described above, the Note H older will still have the right to do so if | am in default at a later time. . {B) 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 including Section 50(a)(6), Article XVI of the Texas Constitution. Those expenses include, for example, reasonable attomeys' fees. | understand that these expenses are not contemplated as fees to be incurred In connection with maintaining or servicing this Extension of Credit. 8, GIVING OF NOTICES b i Unless ap licable law requires a different method, any notice that must be given to me under this Note will jiven by del livering it or by mailing it by first class mail fo me at the Property Address above or at a different address if] give the Note Holder a notice of my different address, Any notice that must be given to the Note Holder under this Note will be given in writing by mailing it by first class mail to the Note Holder at the address stated In Section 3 if1!am given a notice of that different address. However, If the purpose otabove or at a different address the notice is to notify Note Holder of failure by the Note Holderto comply with Note Holder's obligations under this Extension of Credit, or noncompliance with any provisions of the Texas Constitution applicable to extensions of credit as defined by Section 50(a)(6), Article XVI of the Texas constitution, then notice by certified mail is required, 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE bh Subject to the limitation of personal liabil described below, each person who signs this Note is responsible for ensuring that all of the my promises and o igations in this Note are performed, inel luding the payment of the fullamount owed. Any person who takes over these obligations is also so responsible. l understand that Section 50( AEC), Article XVI of the Texas Constitution provides that this Note is given without personal liability against e ach owner of the pro} described above and against the spouse of each owner unless the owner or spouse obtained this Extension of Credit by actual fraud. This means that, absent such actual fraud, the Note Holder can enforce its rights under thls Note solely a jainst the property described above and not personally against any owner of such property or the spouse 0 an owner. If this Extension of Credit ts obtained amounts due under this Note. This means i such actual fraud, | will be ersonally liable for the pa ment of any jat a personal judgment cou Id be obtained against me if | fail to Fo ider's sale of ft the property 0 a form my res S| jonsibilities under this Note, including a judgment for any deficien Cc) that results from Note described above foran amount less than is owing unt ler this Note. If not prohibited by Section 50(a)(6)(C), Article XVI of the Texas Constitution, this Section 9 shall not impair in any way the right of the Note Holder to collect all sums due under this Note or pi rajudice the right of the Note Holder as to any promises or conditions of this Note. 10. WAIVERS J 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 Holderto 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,:SEGURED NOTE In addition to the protections given to the Note Holder under this Note, the Security instrument, dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note, The Security Instrument describes how and under what conditions | may be Tequired to make immediate payment in full of all amounts | owe under this Note. Some of those conditions are described as follows; txhearm4 , page 4 of 5 04/15/03 weet oe e Transfer of the Property or a Beneficial Interest in Borrower. As used in this section 17, “Interest In the Property" means any legal or beneficial interest in the property, including, but not limited to, those beneficial interests transfer in a bond or deed, contract for deed, installment sales contract or escrow a purchaser. If a ll or any et ement, the intent of which is the transfer of title by borrower at a future date to a part of the Property or any interest in it is sold or transferred (or if a beneficial written consent, Lender may, at its option, al ? interest in Borrower Is sold or transferred and Borrower Is not a natural perso! n) without Lender's uh ire immediate payment in full o all sums secured Security Instrument. However, this option sh | not be exercised by Lender if exercise is prohibit prior this 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 14 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the e xpiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice ar damand on Borrower. 12. APPLICABLE LAW This Note shall be governed by the laws of the State of Te: Xa: and.any applicable federal aw. In- . the-event of any conflict between the Texas Constitution and other applicable law, it Is the Intent that the:provisions of the Texas Constitution shall be applied to resolve thé conflict. in the event of a extent of such con! ite i on conflict between ant ravision of this Note and applicable law, the a}a licable law shall control to the and the conflictin provisions contained fri-thi: iS.is jote shall be madjfied:to the extent necessary to comply with applicable law. All other provisions in this Note will remain fully effective and enforceable, 13, NO ORAL AGREEMENTS: THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 286.02 OF RGR TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES, THIS WRITTEN EEMENT REPRESENTS THE FINAL AGREEM ENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIO CONTEMPORANEOUS, OR SUBSEQUENT ORA\ AGREEMENTS OF THE PARTIES, THERE RE NO UNWRITTEN O} RA L AGREEMENTS BETWEEN THE Botrower has executed and acknowledges receipt of pages 1 through 5 of this Note. WITNESS THE HAND(S) OF THE UNDERSIGNED. [DQ NOT SIGN IF THERE ARE BLANKS LEFT TO BE COMPLETED IN THIS DOCUMENT. THIS DOCUMENT MUST BE EXECUTED AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW OR A TITLE COMPANY. YOU MUST RI CEIVE A COPY OF {S DOCUMENT Al FT ER YOU HAVE SIGNED IT.] ‘AMELAIMC! Date en Date "Date Date Date txhearmS: page 5 of 5 04/15/03 SS “PAY VO THE ORDER OF Without recourse” PEOPLE: CHOICE HOME LOAN, INC A Wyoming Corporation by Vicecu Title:_Eye ti Pres ve iden t HSBC Bank USA, NA. as Trustee, in trust for the registerest holders of People's Choice Home Loan, Seetuities Trist Serles 2004-2, Mortgage =. Pass: Through Cartificates. sat nwustctensboneseentat br ‘ : le’ . Choice Xome Loan, Ino, 78: IRVINE CENTER DR., fo om, CA 92618 Fidell jational Title 808 Tr , Suite 1520 Prepared By: Houston, TX 77002 Pam Ingalls 7515 irvine Center Drive, Irvine, CA 2971789 s261e arigr RECORDING RETURN TO: 4721945 $52.00 deed of Trust OiEH FIDELITY NATIONAL TITLE. a 1945 WALNUT HILL LANE. IRVING, ‘Ss. ce Above This Lime for Recording Date] THIS SECURITY INSTRUMENT SECURES AN EXTENSION ‘OF! SECTION 50(a)(6), ARTICLE XVI OF THE TEXAS CONSTITUTION. TEXAS HOME EQUITY SECURITY INSTRUMENT First Lien) , This Security Instrument is not intended to finance Bors] ty. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you ma y remove or strike any of the followin; information from this instrument befor re it is filed for record in the public records: your social security number or your drive ‘et's license number. DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, 19, 20 and 21. Certain rules regartheding usage of words used in this document are also provided in Section 15. (A) "Security Instrument’ means this document, which is dated June 24, 2006 together with all Riders to this document. . {B) "Borrower" is PAMELA WCDANIRI, A MARRIED PERSON, JOIMRD NEREIN BY MARSK MCDANIEL Borrower is the grantor under this Security Instrument. (C) "Lender" is PROPLE'# CHOICE HOME LOAM, INC. Lender isa CORPORATION organized and existing under the laws of WYOMING ERAS HOME EQUITY SECURITY WISTRUMENT (Fist Lien)}Fannie Maefredéie Mac UNFORM INSTRUMENT WITH QBwernor0 form zoe 101 Paget oti? Inca, wP YUP Mompage Soutons (8001521 7291, i M34 foigs i oe = ve erwy se terrence i ve Lender's address is 7518 IRVINE CENTER DR., IRVINE, CA 92618 Lender includes any holder of the Note who is entitled to receive (D) "Trustee" is Dennis P. schwartz, 1446 Meritage Drive under the Note. McKinney, TX 75069 1446 weritage Drive, McKinney, Tx 75069 - Trustee's address is {E) *MERS" is Mortgage Electronic Registration 5} ystems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's suc ‘cessors and assigns. MERS is the beneficiary under this Security Instrument. MERS is o1 and existing under the laws of Delaware, has an number of P.O. Box 2026, Flint, MI 48501 - 2026, tel, (888) 679-MERS. {F) *Note* means the Promissory note signed by Borrower and dated Sune 24, 2004 ‘The Note statesthat Borrower owes OWE HUNDRED EIGHTEEN TROUSAMD AND 00/100 Dollars (U.S. $ 218,000.00 Payments and to pay the debt in ) lus interest.Bjorrower has promised to pay this debt in regular Periodic full not later than duly 1, 2034 {C) "Property* meare the property that is described below under the heading “Transfer of Rights in the (H) "Extensi of Credit” on meathens debt ev idenced by the Note, as defined by Section 50(a)(6), Article XVI of the Texas Constitu and tion all the doc "uments executed in connection with (I) "Riders" means all riders to this Securit that are executed by Borrower. The following Fiders are to be executed by Borrower [check boxInstrument as applicable]: 5 ‘Texas Home Equity Condominium Rider Texas Home Equity Planned Unit Development Rider Other: Ad}, Rate Rider U) "Applicable Law" means all c controlling applicable federal, state and local statutes, re lations, ordinances and administrative rules and orders (that have the effect of law) as well as non-appealable judicial opinions. all applicable final, (K) "Community Association Du ies, Fees, and Assessments" means all dues, fees, assessments and charges that are imposed on Bor rower or the Property by a condominium association, homeownother ers association or similar organization. (L) "Electronic