HomeMy WebLinkAbout97-02497
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IN TilE COUR'I'_Ql.' C<?~!.Jl:l...PJ.FAS ~!::...'2I!'\IJI-:HI,iNIl C01Jl'rr(, PFNNSYLVNHA
CIVIL IJI'JISION
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PP1If:X: I PI-: I.11H I,H IT OF EXl:X:U'I'ION
Caption:
~ Confessed Judgment
FINANCIAL TRUST COMPANY
Plaintiff
Other
vs.
flle No. 97-2497
Amount Due $93.353.47
I t t 9.58 % from 5-12-97 @ ZZ.b~ per diem
n eres
AUDREY J. GUYER
Defendant
Atty's Comm 5 %
Costs to be added
ro 'mE PRO'lHOturARY OF THE SAID COURT:
TIle undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original procee~g filed pursuant to Act 7 of 1966 as
arrended: and for real property pursuant to Act 6 of 1974 as arrended.
Issue writ of execution in the abcve matter to the Sheriff of Cumberland
County, for debt, interest and costs :.Jpon the followwg descnbed property of the
defendant(s) Audrey J. Guyer, 105 Heberlig Road. Newville, I'A 17241
PRAECIPE FOR A'I'I'J\OfolENI' EXID1I'ICtl
Issue writ of attachment to the Sher1EE oE
interest and costs, as abcve, dlrecting attacrnEnt
the following property (if real estate. supply su<
copies of lengthy personalty IlSt)
County, for debt,
aga1nst the abcve-naJred garnishee( s) for
copies of the description: supply four
and all other property of the defendant! s I tn the possess lOn, custody or control of the
saJ.d garnishee ( s).
(Indicate) Index thls wr1t aCdlnst the garn1shee(s) as a IlS pendens against
real estate of;Gt7 ~~~ant( s) descnbed ,n the dttache~ exhibi'7C\
DATE: q -- _ L ';lm<!tlll"e:~":n.(~/",----,"
:~:-l.nt i":"lITC: William A. Duncan
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1 1 p<lRO ~Q"
CarlIsle..I'A 17013
,'.
f1n;tnciaLillst Company
717-249-7780
22080
Notes: If real property, supply six copies of description including improverrents and an
original and copy of affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
10 index writ, file separate praecipe with writ.
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FINANCIAL TRUST COMPANY,
PlaintilT
: IN TilE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
CIVIL ACTION - LAW
AUDREY J. GUYER
Defendant
IN MORTGAGE FORECLOSURE
CIVIL TERM 97-2497
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter judgment in favor of the plaintiff, Financial Trust Company, and against the
defendant, Audrey 1. Guyer, in the amount of$93,353.47, with interest at the rate of 9,58
percent per annum from May 12, 1997 ($22.65 per diem) together with attorney's fees in the
amount of 5 percent and the costs of suit. by reason of the failure of the defendants to enter an
appearance or to file an answer within 20 days of the date of service of the complaint endorsed
with a notice to defend.
Dated: q _ IU -'? f .
.
FINANCIAL TRUST COMPANY,
Plaintiff
: IN TilE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CIVIL ACTION - LAW
AUDREY J. GUYER
Defendant
: IN MORTGAGE FORECLOSURE
: CIVIL TERM 97-2497
To: AUDREYlGUYER
Date of Notice: AUGUST 7,1997
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAD.ED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS (10),
FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAYBE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT IIA VE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Courthouse
Carlisle, P A 17013
Telephone: (717 40-6200
CAN & OTTO, P.C.
WILLIAM A. DUNCAN, ESQUIRE
1 IRVINE ROW
CARLISLE, PA 17013
ID# 22080
MAY BE U~D ~~:~OMEST1C AND INTERNATIONAL MAIL. DOES NOT
PROVIDE FOR INSURANCE _POSTM....STER
DUNCAN & OTTO, P.C.
Attorneys at Law
1 Irvine Row
Carlisle, PA 17013
One p..ce 0: ord,n.rvm.,I.ddt....a10
Audrey J. l;uyer
RlJ /I 2 Box I 32
~"""11111', PA 17')1~~
PS Form 3811. Mar. 19Bq
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FINANCIAL TRUST COMPANY,
Plaintiff
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVI I. ACTION - LAW
AUDREY J. GUYER
Defendant
IN MORTGAGE FOREfLOSU~, _
CIVIL TERM 97- 0( lj (7 (:'AA.~.~
COMPLAINT
AND NOW, comes Financial Trust Company, through its attorney. William A. Duncan,
Esquire. and files this Complaint in Mortgage Foreclosure, of which the following is a
statement:
1. Plaintiff is Financial Trust Company. a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania with its main office and principal place of business
located at I West High Street. Carlisle, Cumberland County. Pennsylvania 17013.
2. Defendant, Audrey 1. Guyer, an adult individual. resides at R. D. # 2 Box 132,
Ne\wille. Cumberland County. Pennsylvania.
3. On or about April 28, 1995, Defendant made, executed and delivered to Plaintiff a
mortage financing One Hundred Thousand and 00/100 Dollars ($100.000.00), a copy of said
note is attached hereto as Exhibits "A". respectively. and is incorporated herein by reference as
though fully set forth.
4. Said mortgage has not been assigned.
5. Audrey 1. Guyer is the sole record owner in fee simple of said premises subject to
said mortgage, by virtue of a Deed dated and recorded July 8. 1957, in the Cumberland
County Recorder's Ol1ice in Deed Book" 17". Volume X. Page 405, more specifically set
forth in Exhibit "B", attached here:o and made a part hereof by reference
WHEREFORE, Plaintiff prays thc Court to cntcr judgmcnt in favor of Plaintiff and to
ordcr thc forcclosurc and salc of thc mortgagcd propcrty and for thc amount of Nincty Thrcc
Thousand Thrcc Hundrcd Fitly-thrcc and 47/100 Dollars ($93,353.47) Dollars togcthcr with
intcrcst thcrcon, costs and all othcr amounts advanccd by Plaintiff
~
Wi lam A. Duncan, Esquirc
Attorncy for Plaintiff
I Irvinc Row
Carli sIc, P A 17013
(717) 249-7780
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RECORDATION REQUESTED BY:
Farmers Trust Company
0". We.1 High 51 'eel
Carlisle, PA 17013
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WHEN RECORDED MAIL TO:
Farmera Trust Company
On. West High Slreet
Carlisle, PA 17013
'95 r\fi/ . 3
SEND TAX NOTICES TO:
Farmers Trust Company
One Wesl High Slreel
Carlisle, PA 17013
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE IS DATED APRIL 28, 1995, between Audrey J. Guyer, whose address Is RD #2, Box 132,
Newville, PA 17241 (referred to below as "Grantor"); and Farmers Trust Company, whose address Is One West
High Street, Carlisle, PA 17013 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable conslderallon, GUlnlor gran Is, WglIlns, sells, conveys, asslgns, Iransfers, releases, confirms and
mortgages 10 Lender all of Granlor's righi, litle, and inlerestln and 10 the following descnbed real property, together with all existing or subsequently
erecled or affixed buildings, improvements and fix1ures; all streets, lanes. alleys, passages, and ways; all easements, rights of way, all liberties,
privileges, tenements, hereditaments, and appurtenances thereunto belonging or any.yisa made appurtenant hereafter, and the reversions and
remainders wllh respect thereto: all water, water rights, walercourses and ditch rights (including stock in utilities with ditch or irrigation rights): and all
olher rights. royalties, and profits relating to the real property, including withoullimitalion all minorals, oil, gas, geolhermal and similar maMers, located
In Cumberland County, Commonwealth of Pennsylvania (the "Real Property"):
Deed Book X-17 Page 405 Township: (j f'r~"" I""\.. FH, ,"
The Real Property or its address Is commonly knoWn as RD #2, Box 132, Newville, PA 17241.
Grantor presently assigns to lender all of Grantor's right, tille, and interest in and to all leases of the Property and all Rents from the Property. In
addition, Grantor grants 10 lender a Uniform Commercial Code security interest in the Personal Property and Rents.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms nol otherwise defined In this Mortgage shall
have the meanings atlribuled 10 such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money 01
Ihe Uniled Slales 01 America.
Borrower. The word "Borrower" means each and every person or entity signing the Note, including without limitation Evangelos Athanasatos and
Debra G. Alhanasalos.
Granlor. The word "Grantor" means any and all persons and entities executing this Mortgage, including wilhoullimitalion all Grantors named
above. The Grantor Is the mortgagor under this Mortgage. Any Grantor who signs this Mortgage. but does not sign the Note. is signing this
Mortgage only 10 grant and convey that Grantor's inlerest In the Re.ql Property and 10 grant a secunty interest in Grantor's interest in the Rents and
Personal Property to lender and is not per50nally Hable under the Note except as otherwise prOVIded by contract or law.
Guarantor. The word "Guaranlor" means and includes wlthoutlimitalion each and all of the guarantors, sureties. and accommod3tion parties in
connection with the Indebtedness.
Improvemenls. The word 'mprovements- means and includes without limitation all existing and future improvements. fixtures, buildings,
structures, mobile homes affixed on the Real Property, faCilities, additions. replacements and other construction on the Real Property.
Indebtedness. The word 'ndebtedness" means all principal and interest payable under the Note and any amcunts expended or advanced by
lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with
interest on such amounts as prOVIded in Ihis Mortgage.
Lender. The word "ender" means Farme~ Trust Company, lis successors and assigns. The lender is the mortgagee under this Mortgage.
Mortg,age. The word "MortgagE'- means this Mortgage between Grantor and lender, and includes WIthout limitation all assi.gnments and secunty
Interest prOVIsions re{atiilQ 10 the Personal Property and Rents.
Nole. The word "Nole" mean. lhe promissory nole or cred,1 agroomenl daled Apnl 28, 1995. In the original principal amount of
$100,000.00 from Borrower 10 lender, togelher wllh all renewals of, extensions a', modifications ot, refinancings of. consolidations 0', and
subs"'ul,ons for Ihe promissory nole or agroomenl. NOTICE TO GRANTeR: THE NOTE CONTAINS A VARIABLE INTEREST RATE,
Personal Property. The words -Personal Property" mean all equipment, fixtures, and other artICles 01 personal property now or hereal1er owned
by Grantor, and now or hereal1er aMached or affixed to the Real Property; together With all accessions, parts. and additions to. all replacements of,
and all subsflluflons for. any of such property; and together With all proceeds (including WIthout limllation an insurance proceeds and refunds 01
premi (""s) from any sale or other disposition 01 the Property.
Property. The word "Property" means collectively t
Real Property. The words ~eal Properl'( mean Ih
Related Documents. The words "Related Docu ,
agreements, enwonmental agreements, guaranl10s
documents, whether now or hereafter eXlsllng, exec
EXHIBIT
rt
I Property.
ribed above In the -Grant 01 Mortgage- saction.
ul limitation all promIssory notes, credl! agreements. loan
s, deeds 01 !rus!, and all olher instrumenls, agreements and
ledness.
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MORTGAGE
(Conllnued)
Page 2
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Rl.nla. Tho word 1lJ)f11~. moans 011 prosonl and luturo ronls. rovenues, income. lssuDS, royaltios, profits. and other benefits derived from the
Proporty.
THIS MORTGAGE, INClUOING TIlE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAl. PROPERTY,IS
GIVEN TO SECURE III PAYMENT OF TIlE INDEDTEDNESS AND (21 PERFORMANCE OF Al.l OBlIGATIONS OF GRANTOR UNDER THIS
MORTGAGE AND THE RElATED DOCUMENTS, TlUS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOl.l.OWING TERMS:
GRANTOR'S WAIVERS. Granlor WOIVOS nUlIghls or do'ooSO! arising by roasan 01 any .one acllon" or .anll-deficlency'" law, or any other law which
may prevonl Londor from brlngmg Bny acllon ogolnst Grantor, Including 8 claim lor deficiency to the extent Lender is otherwise enlitled 10 a claim for
deficlOncy, boloro or at10r londor's commoncomonl or complohon 01 any foreclosure action, either judicially or by exerciso of a power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES, Granlor wananls lhat: (a) this Mortgage Is execuled el Bonower's requeslend nol allhe
roquesl of Lander; (b) Grenlor has Iha lull powor and tlghllo onlor ",10 Ihls Mortgege and 10 hypolhecala Ihe Property; (c) Granlor has eslabllshed
adequate moans at obtaining from OOffowcr on 0 continUing baSIS information about Booower's financial condition; and (d) lender has made no
representatIon 10 Granlor aboul BOfrowor (lrIcludlng wllhoullimllahon tho creditworthiness of Borrower).
PAYMENT AND PERFORMANCE. Excopt as olhorwtSO PfOV1dod in thiS Mortgago, BOlTower shall pay 10 lender alllndebledness secured by this
MOf1gage as II bocomos duo, and Dorrowof and Groote, shall strictly porform all their r~p9Clivo obligations under this MOf1gage.
POSSESSION AND MAINTENANCE OF TilE PROPERTY. Granlor and Booowo< agree lhal Grantor's possession and use ollhe Property shall be
governed by tho following proVIsions:
Possession and Use. Until in dolaull, Granlor moy tOlnmn In possession and control 01 and operate and manage lhe Property and collecllhe
Renls from tho Proporty.
Duty to Maintain. Granlor shall malntl1ln Iho Proporty in tenanlablo condition and promplly perform all repairs, replacements, and maintenance
necossary to preservo Its value.
Hazardous Subslances. The IDlms ~haz.a,dous wasto,~ -hazardous sUbstance,- -disposal: -release,- and 1hrealened release: as used in thiS
Mor1gage, shall have tho sarno moanlngs 05 501 fOlth In tho Comprehensive EnVlfonmenlat Response, Compensation, and liability Act of 1980, as
amended. 42 U.S.C. Sachon 0001, 01 soq rCERCLA"I, Ihe Superlund Amendments end Reaulhorization Acl 01 1986. Pub, L. No. 99-499
rSARA-l, the Hazardous Matormls T,anspo,tatlon Act, 49 u.s.e. Section 1801, et SOQ., the Resource Conservalion and Recovery Act, 49 u.s.e.
Secllon 6901, 01 sOQ., or othor appllcablo state or Fodorat laws, rules, or regulalions adoplod purnuantlo any of the foregoing. The terms
"'hazardous was Ie- and -hazardous substanco- shall also include, without timitation, pelroleum and petroleum by-products or any fraction thereof
and asbeslos. Grantor ropresonts and warrants 10 lendor that: (a) During the pened 01 Grantor's ownership 01 the Property, there has been no
use, genoralion, manufactu,o, slorago, troatment, dIsposal, rolease or throotened release of any hazardous waste or substance by any person on,
undor, or about tho Propo,ty; (bl Grantor has no knowledge 01, or rooson to believe thai there ha~ been, except as previously disclosed 10 and
acknowledged by lendor In wrlhng, (i) any use, generatIon, manufacture, storage, lrealment, disposal, release, or threatened release of any
hazardous waslo or substanco by any pnar owne~ or occupants of lhe Property or (ii) any actuat or throotened liligation or claims of any kind by
any person rolallng to such mattors; and (c) Except as p,eviously disctosed to and acknowledged by Lender in writing, (I) neither Grantor nor any
lenant, contractor, agent or other aulhonzed user of Ihe Property shall use, generate, manufacture, slore, treat, dispose or, or release any
haza,dous waslo or substance on, under, or about the Property and (ii) any such activity shalt be conducted in compliance with an applicable
ledoral, slato, and locall4ws, rOQulallons and ordinances, including without limitation those laws, regulations, and ordinances descnbed above.
Grantor aulhOOlos lender and lis agonls 10 enter upon the Propolt,' to make such inspections and lests, at Granlor's expense, as lender may
doom app,opnato to dol, rmlne compliance of the Property with this sechon or the Mor1gage. Any inspections or lests made by lender shall be for
londor's purpO"'AS only and shalt not bo construed 10 creale any responsibility or tiability on the part of lender to Granlor or to any other person.
Tho roprosonlahons and warronhes conla!Ood herein are based on Granlor's due diligence in investigating the Property for hazardous waste.
Glantor heroby (a) rol04S8S And waIVes any luIure claims againsllender for indemnity or conlribution in tho ovent Grantor becomes tiable for
cloanup or othor cO!ls undOf any such laws, and (b) agrees 10 indemnity and hold harmless Lender egainst any and all claims, tosses, liabililies,
damages, ponall~, and o.ponses which lender may directly or indirecUy sustain or sUHer resulting from a breach 01 this section 01 the Morlgage
or as I conSOQuonce or any use, genershon. manufacture, storage, disposal, release or threalened release occurring prior to Grantor's ownership
or !Olorost In the P'OPOlfy, whelhor or nol tho same was or Should have boon known 10 Grantor. The provisions 01 this section 01 the Mor1gage,
Including lho obllgalton to indemnity, shall surVIVe the payment of the Indebledness and the satisfaction and reconveyance of the lien of this
MOllgllgo llnd shalt not be affectod by lender's acquiSItion of any Interest in the Property, whether by foroclosure or otherwise.
Nuluncl, Willi, GlanlOt shall not cause, conduct or permit any nuisance nor commit, permil, or suHer any stripping of or wasle on Of to the
PIOPOIfy or any POIlIon of tho P,operty. Wllhout hmlling the generality of the for9Qaing, Grantor will not remove, or granlto any other party the
nghlto rGmove, any Ilmbor, mlnorals (Including 011 and gas), sod, gravel or rock products without lho prior written consent of lender.
Removal of Improvement.. Granlor shall not demolish or remove any Improvements from the Reat Property without the prior wrillen consent of
lundsr, As. condllfon 10 the 'emoval 01 any Improvemenls, lender may require Grantor 10 make arrangements satislactory to lender to replace
such Improvomonls wllh Improvements of at teas I eQuat value.
lender'. RIghi 10 Enler. lender and lIs agents and representatives may enter upon the Real Property al all reasonable times to attend to
Londot's Inl00nsls and 10 InSpect the Property for purposes 01 Grantor's compliance WIth the terms and conditions 01 this Mortgage.
Compliance with Governmental Requirements. Granlor shalt promptly comply with all taws. ordinances, and regula lions, now or hereafter in
nHocl, 01 III yo....mnmental aulhor,hes apphcable 10 the use or occupancy of the Property, including WIthout timltation, the Amoricans With
O'sablilhes Act Granlor may contost In good faith any such law, ordinance, or regulalion and withhold compliance dunng any proceeding,
including IIpplOprlalo appoals, so long as Granlor has notified lender 10 wnting pnor to dOing so and so long as, in lender's solo opinion,
leMOI'S mlolMls In 100 PrOPBfty are not Jeopardized. lender may reqUire Grantor 10 post adequate secunty or a surety bond, reasonably
",llslaclory 10 londor, 10 prohJCllender'slnteresl.
Duty 10 Prettel. Granlor agroos neither 10 abandon nor leave unattended the Property. Granlor shall do all ether acts, in addition to those acls
1I1100th .bol1l In thiS secllon, wMlch ~om Ihe character and use of Ihe Ploperty are reasonably necessary 10 prolecl and preserve the Ploperty.
DUE ON SAlE.. CONSENT BY LENDER. lender may, at jts option, declare Immediately due and payable all sums secured by this Mortgage upon the
salo 01' IIln!oIOl, Without Ihe lendor's pnQ( wnl1en consen!, 01 all or any part of lhe Real Property, or any inlerest in Iho Reat Property. A -sale or
tlan!:.lor- rT\(lans lhe conveyanco of Real Property or any nghl, tllle or InteresllherolO; whether" legal, beneficial or equllable; whether voluntary or
inVOluntAry; whalhot' by outfight salo, dood. Installment sale contract, land contract, contracllor deed, leasehold inltlfest With a lerm greater Ihan Ihree
(31 ~'04rs. klase-option conlracl, Of by sale, assignment, or transfer 01 eny beneliciat interest in or to any tand Irusl holding htle 10 the Real Property, or
by any olhffl melhod of conveyance 01 Real Property Interesl II any Grantor IS a corporahon, partne~hlp or limited liability company, transfer also
11\(lu('O' any chango 10 own~hlp 01 more than t-Nenty-hve porcent (25"') of the voting stock, partnorshlp mteresls or limited liability company Interests.
liS thO caso may bo. 01 Grantor. However, thiS option shall not bo e.erclsed by lender If such e.erCISO IS prohlMed by lederallaw or by Penns~1vanlJ
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MORTGAGE
(Continued)
Page 3
TAXED AND LIENS. The following provisions relating 10 tho taxes and lions on tho Property BrB a pari of this Mor1gage.
Payment. Granlor shall pay when due (and In all ovonts prior 10 delinquency) all taxes, payrolllaxes, spociallaxos, assessments, waler charges
and sower sorvlco charges levied against or on account of tho Property, and shall pay whon duo all claims for work done on or for services
rondored or material furnished 10 tho Property. Granlor shall maintain tho Property froe 01 011 lions having priority over or aquallc tho interest of
Lendor undor this Mortgage, except for tho lien of taxes and assessments nol due, and except as otherwise provided In tho following paragraph.
Righi To Conlesl. Granic< may withhold payment 01 any lax, assessment, C< claim In connection wilh a good faith dispute over the obligation to
pay, so long as Lendor's Inlereslln Ihe Property Is nol jeopardized. II a lien arises C< Is filed as a rosult 01 nonpayment. Grantor shall within fifteen
(15) days after Ihe lien arises or. II a lien Is filed, within fifteen (15) days after Grantc< has notice of the filing, secure Ihe discharge ollhe lien or II
requested by Lender, deposit with Lender cash or a sufficient corporale surety bond or other security satisfactory 10 Lender In an amount sufficient
10 discharge the lion plus any costs and attorneys' foes or other charges thai could accrue as a result of a foreclosure or sale under the lien. In
any conlest, Grantor shall defend itself and lender and shall satisfy any adverse Judgment beforo enforcement against the Property. Grantor shall
name lender as an additional obligoe under any surety bond furnished In tho conlest proceedings.
Evidence or Paymenl. Grantor shall upon demand furnish 10 londor satisfactory evldenco of payment oltha taxes or assessments and shJlI
Bulhonzo tho appropriate governmental official 10 deliver 10 lender al any timo a wotton statement of tho taxes and assessments against the
Property.
Nollce of Construction. Granlor shall notify Lender at least fitteen (15) days before any work is commenced, any services are lurnished, or any
malerials are supplied 10 the Property, il any mochanic's lien, malerialmen's lien, or other lien could be asserted on account ollhe work, services,
or malerials and the cost exceeds $5,000.00. Grantor will upon request ollendor furnish 10 Lender advance assurances satisfaclory to lender
that Grantor can and will pay the cosl 01 such improvements.
PROPERTY DAMAGE INSURANCE. The loll owing prOvisions relating 10 Insuring the Property ere a part of this Mortgage.
MaJnlen8nce of Insur8nce. Grantor shall procure and maintain policics of fire insurance wilh standard ex1ended coverage endorsements on a
replacement basis lor the full insurable value covering all Improvements on lhe RBaI Property In an amounl sufficient to avoid application of any
coinsurance clausa, and with a standard mortgagee clausa in lavor of lender. Grantor shall also procure and maintain comprehensive general
liability Insurance in such coverage smoun!s as lender may request with Trustee and Lender being named as additional insureds in such liability
insurance policies. Additionally, Grantor shall maintain such olher insurance, including but not limited to hazard, business interruption and boiler
Insurance as lender may require. Policies shall be wril1en by such insurance companies and in such form as may be reasonably acceptable to
lender. Grantor shall doliver to Lender certifICates of coverage from 98ch insurer containing a stipulation that coverage will not be cancelled or
diminished without a minimum of ten (10) days' prior wntton nolice to Lender and not containing any disclaimer 01 the insurer's liability for failure to
give such notice. Each Insurance policy also shall include an endorsement providing that coverage in favor of lender will not be Impaired In any
way by any acl, omission or default of Granlor or any olher person. Shoulj the Real Property at any lime become localed in an area designated
by lhe Diroctor of tho Federal Emergency Management Agency as a special !load hazard area, Grantor agrees to obtain and maintain Federal
Flood Insurance, 10 the extent such insurance is required by lender and ts or bocomes available, for the lerm of the loan and for the full unpaid
principal balance of the loan, or the maximum limit of coverage thai is available, whichever is less.
Appllullon of Proceeds. Grantor shall promptly notify Lender of any loss or damage to Ihe Property if the estimated cosl of repair or
replacement exceeds $500.00. lender may make proof of loss if Grantor lails to do so within fifteen (15) days of the casually. Whether Of not
lender's security is impaired, lender may, at ils election, apply the proceeds 10 the reduction of the Indebtedness, payment of any lien aHeeting
lhe Property, or the resloration and repair of the Property. If lender elects 10 apply the proceeds 10 restoration and repair, Grantor shall repair or
replace the damaged or destroyed Improvements in a manner satisfactory 10 lender. lender shaU, upon satislactory proof of such expendilure,
payor reimbursa Grantor from the proceads for the reasonable cost of repair or restoration if Grantor is not In default hereunder. Any proceeds
which have nol been disbursed within 180 days atter their receipt and which lender has not committed to the repair or restoration of the Properly
shall be used first to pay any amount owing 10 lender under Ihis Mor1gage, then to prepay accrued interest, and Ihe remainder, if any, shall be
applied to the princIpal balance at the Indebtedness. II lender holds any proceeds aner payment in full 01 the Indebtedness, such proceeds shall
be paid to Granic<.
Unexplr~ Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this
MOf1gage at any trustee's sale or olher sale held under Ihe prOVIsions of this Mor1gage, or al any foreclosure sale of such Property.
Grantor's Report on Insur8nce. Upon request of lender, however nol more than once a year, Grantor shall furnish to lender a rapon on each
existing policy or Insurance showing: (a) the name ollhe insurer; (b) the risks insured; (c) the amount ollhe policy; (d) the property insured, the
then current replacement value of such property, and the manner of determining that value; and (e) the expiration date of Ihe policy. Grantor
shall, upon request of Lender, have an independent appraIser satisfactory to lender determine the cash value replacemenl cost of the Property.
EXPENDITURES BY LENDER. If Grantor lails fa comply wllh any provision of this Mortgage. or if any action or proceeding is commenced that would
malenally aHectlender's interests in the Property, lender on Grantor's behalf may. but shall not be required to, take any action that lender deems
appropriate. Any amount that lender expends in so doing will bear interest at Ihe rate charged under the Note from the date incurred or paid by
lender to the date of repayment by Grantor. All such expenses, at lender's option, Will (a) be payable on demand, (b) be added to the balance 01 the
Note and be apportioned among and be payable with any installment payments 10 become due during eIther (i) the term of any applicable insurance
policy or (ii) the remaining term of the Nole, or (c) be treated as a balloon payment which will be due and paytble at the Note's matunty. This
Mortgage also will secure payment of these amounls. The rights prOVIded for In thIS paragraph shall be in addition 10 any other nghts or any remedies
to which lender may be entitled on account 01 the default. Any such action by lender shall nol be construed as cunng the default so as to bar lender
from any remedy that it otherwIse would have had.
WARRANTY; DEFENSE OF TiTlE. The following prOVIsions relating 10 owne~hip 01 the Property Bre a part of this Mortgage.
Title. Grantor warrants that: (a) Granlor holds good and marketable Me 01 rocord to the Property in ree simple, free and clear 01 all liens and
encumbrances other than those sel forth In Ihe Real Properly descnption or in any litis insurance policy, title report. or final tllle opinion issued in
favor or, and accepted by, lender in connection WIth this Mortgage, and (b) Gran lor has the full right, power, and authonty to execute and deliver
this Mortgago to Lender.
Defense of Title. SUbject 10 the exception In the paragraph above, Granlor warrants and Will forever defend the title to the Property againstlh,e
lawful claims of all p~ons, In Ihe event any acllon or proceedmg IS commenced that quesllons Grantor's title or the inlerest of lender under thIS
Mortgage, GranlOf' shall defend the achon al Granlor's expense. Grantor may be lhe nominal party in such proceedlOQ. but lender shall be
enhtled 10 parbctpale In the proceeding and 10 be represented In the proceeding by counsel of lender's own chOIce, and Grantor WIll deliver, or
cause to be dehVOfed. 10 lender such Instruments as lender may request from time to lime to permit such partlc1pal1on.
Compliance With laws. Grantor warrants Ihat Ihe Properly and Grantor's use of the Property comphes With all eXisting applicable laws.
Ofdlnancos, and regulal10ns of governmental authonllBS.
CONDEMNATION. The follOWing prOVISions relallng 10 condemnallon of Ihe Property are a part 0' this MortgJQ'E\jQ' t 2('; 1 ~ ~Ct 33fJ
MORTGAGE
(Continued)
Page 4
. --~----_.__. -.-------.-- - --"'---~--~-- ..--.
____._ ".m _..__...
A,pllcallnn 0' Ne. Proceed I, II nil Of nny part ollho PfOporfy IS condemnod by ommont domain procoodlngs or by any proceeding or purchase
In hUll 01 (:(}flllfllllflnhon, I nndlll may nllls olucllOn IOQUlfO thol 011 or Dny pOlitO" of the nel procoods of tho award be applied 10 the Indebtedness
Uf Ihn 1Pl'ilII 0' ,n..IOIRhon 011"0 P'oporty, Tho nol procoods ollho award shall moan tho award aNo( payment of aU actual cosls, expenses. and
IllcwllnY" ""1'10 HKllflmJ tly L nrHlm In connocllon wIth lho condomnnhon.
fl,oe..dIJ1U" 11"11" plUcoodlllU In condom nail on 15 hied, Granlor shall ptomplly nolity londor in wnling, and Granlor shall promplly lake such
'hl(" III mn.,. hn IlOCO\\IIIY 10 do'ond tho nchon nnd oblaln Iho award. Grantor may bethe nominal party in such procooding, but lendor shall be
onhllnd 10 PRlhclpaln In tho procoodlllU And 10 bo ICplCsonlod In Iho procooding by counsel of lis own choice, and Granlor will deliver or causa to
110 dol.ymod 10 lancIA' such Ins!lurnonls lIS may bo roquoslod by II from hmelo lIme 10 permit such participation.
IMPOSITION OF TAXES, FEES AND CflARGES DY GOVERNMENTAl AUTHORITIES, The follOWing pro~sions relallng 10 governmenlailaxes, leos
Irlll ch1lun. .'0. Pllt of Ihls Motlgage:
Curr.nl TIll', FHI and Chargee. Upon roquost by landor, Grantor shall exacute such documents in addition to this Morlgago and take
whalovor ulhor actIon Is roquoslod by londor 10 porfocl and conllnue londOf'S hen on tho Roal Property. Grantor shall reimburse lender lor all
IIIOS, 81 cln~llbed below, looolhor wllh all o.ponsos Incurrod In rocordlng, porfor.ting or continUIng this Mortgage, including wlthoutlimltahon all
IIIOS, hKllJ, docurnonlary slamps, Bnd olhor chargos lor recording or reglstonng this Mortgago.
Ta..l. Tho followtng shall constltulo 111105 10 which Ihis soction apphos: (a) a spoclfic tax upon Ihis type of Mortgage or upon all or any part 01
tho Indnbtodno51 wcUlod by IIIIS Motlgage; (b) a spoclfic tax on Borrower which Borrower is aulhorized or required 10 deduct from paymenls on
lho Indoblodnoss sneurod by Ihls type 01 Mortgage; {cI a lax on this typo of Mor1gage chargeable againsllho lender or Ihe holder 01 the Note;
and (diD spOClflC Ia. on aU or any pOltlon ollha Indebtedness or on paymenls 01 pnnclpal and interesl made by Borrower.
SubMquenl Taxes, II any lax 10 whICh Ihls !.octlon apphes IS enacled subsoQuenllO lhe date 01 Ihis Mortgage, Ihis event shall have Ihe sa:Tle
eflocl as an [vonl of Default (as dellnod below), and londor may exercise any or all 01 its available remedios for an Event of Default as prOVIded
bolow unloss Grantor Dllher (8) pays Ihe tax bolore It becomes delinquent, or (b) conlesls Ihe lax as proVlded above in Ihe Taxes and liens
suclton and dep~lts With londor cash or a sulficlent corporale suroly bond or olher socunty sahsfactory 10 lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following prOVIsions relating 10 Ihis Mortgage as 8 security agrcemenlare a part ollhis
MOIlgago,
Security Agreement. ThiS Instrumenl shall canslilulo a secunty agreemenllo Ihe extenl any 01 the Property conslilules fixtures or other personal
property, and lendor shall have aU oltha nghts 01 a secured party under Ihe Unllorm Commercial Code as amended from time 10 time.
Security Inle,e.l. Upon requost by lender, Grantor shall execule financing slalomenls and take whatover other action is reQuesled by lender 10
po. foci Bnd conlmue lender's socunty tnterest In Ihe Renls and Pe~onal Property. In addllion 10 recording Ihis Mortgage in the real property
locords, londor may, al any tllno and wllhout lurther aulhorizatlon from Grantor, file execuled counterparts, copies or reproductions ollhis
Mortgage as a financlOQ slate men!. Granlor shalt relmbu~e lender for all elpenses Incurred in perfecting or continuing Ihis secunty interest.
Upon dolaull, Granlor shall assemble Ihe Personal Property In a manner and at a placo reasonably convenient to Granlor and lender and make tl
Ivallablalo londor wllhln Ihroo 131 days stler receipt 01 wntlen demand from lender.
AddreDe8. The maIling addrosses 01 Granlor (deblor) and lender (secured party), from which Inlormation concerning the secunty inleresl
granted by Ihls Mortgage may be obtained (each as reqUired bylho Uniform Commercial Code), are as slated on the 'irsl page ollhis Mor1gage.
fURTHER ASSURANCES; ATTORNEY-iN-FACT. The follOWing pro~Slons relallng 10 lu~her assurances and e<<orney-in-Iacl are a pa~ of Ihls
Mo/Igago.
fUrther Assurances. AI any lime, and from timo 10 time, upon request of lender, Grantor Will make, execute and deliver, or will cause 10 be
made, o.oculed or delIVered, 10 lender or 10 lender's deSignee, and when reQuesled by lendor, cause 10 be filed, recorded, refired, or
rorecorded, as Ihe case may be, al such limos and In such OtflCOS and places as lender may deem appropriate, any and an such mongages,
doods oltrusl, secUrity deedS, socunty agroomonls, fInanCing statements, conhnuahon stalements, Instruments 01 funher assurance, cerllficales,
Ind other documenls lIS may, In the sole opinion of lender, be necessary or doslrable in order to elfecluate, complete, perfect, continue, or
plBSOl'V8 (a) the obligatIons 01 Granlor and Borrower under the Note, this Mortgage, and Ihe Related Documents, and (b) the liens and secunty
Inlorosls creatnd by Ihls Mor1gago as first and pnor hens on lhe Property, whether now owned or heroaller acquired by Grantor. Unless prohibited
by law Of agrood 10 tho contrary by lendor tn Willing, Glanlor shall reImburse lender lor all cosls and expenses incurred in connection With Ihe
malter, rolellnd to In thiS paragraph,
Attorney-In-Fact II Granlor lalls 10 do any of Ihe Ihlngs relerred to in Ihe preceding paragraph, lend9f may do so for and in the name 01
Granlor and al Granlor's elpense. For such purposes, Granlor hereby Irrevocably appoints Lender as Grantor's attorney-in-facl for lhe purpose
of m"'lC.lng, e.ecultng, delivering, filing, recording, and dOing all 01 her things as may be necessary or desirabte, in lender's sole opinion, to
Iccomplrsh tho mailer, re1errod to tn Ihe precedmg paragraph.
flLl PERFORMANCE. If Dorrower pays all Ihe Indobledn~ss when due, and olherwlse performs all the otlligalions imposed upon Grantor under this
Modg.ge, lendOf shall olocule and deliver 10 Granlor a SUitable s.ahslaclion ollhls Mortgage and sUllable stalements ollermmatlon 01 Bny financmg
slatemen; on file eVIdencing lender's secunly Inlerest in tho Rents and Ihe Personal Property. Granlor will pay, II permtlled by applicable law, any
rNsonable Iltfmlnahon foe as delermlned by lender 'rom time to limo.
OEr All. T, Each of the foHowlng, allhe option 01 lender, shall constitute an event 01 default ("'Evenl 01 Delauln under this Mortgage:
DelaulI on Indebltdneu. F"adure 01 Dorrower 10 make any payment when due on the Indebtedness. fl~~:i, 12ri! ;!c: 3:J~
Ct'.ull on Olher Payments, FallUle of Granlor Within the lime reqUired by Ihr, Mortgage to make any payment for taxes or msurance, or any
elhor payment nocos~ry to prevont flhng 01 or 10 effect diSCharge 01 any hen.
CompUance Defaull. Failure 10 comply With an,. olher lorm. obligallon, covenant or condition contained in Ihis Mortgage, the Nota or tn any 01 the
l1elaled Documents
FaiN Slalemenl.. Any warranty, roprosontalion or statemenl made or furnished to lender by or on behalf of Grantor or Borrower under lhis
MOItgage. the Note Of Ihe Rolaled Documenls IS 'alse or mlsleadmg In any materIal respect. O1lher now or althe f1me made or furnished.
Dealh Of InlOlver.cy. The dealh of Granlor or Dorrower or Ihe dissolution or termmallon Or Grantor or Borrower's eXIstence as a going bustness,
Ihe Insolvency of Granlor or DOl"fower, Ihe apPointment 01 a IOCflrver lor any part 01 Granlor or Borrower's property, any asslgnmanllor Ihe benel1l
01 cre{lIIor~, any type of cre(NOf wOllo.out, ()I tho commoncement 01 any proceeding under any bankruplcy Of lOsolvency laws by or agamst Granlor
01' Dorrowor.
ForlCloaurl, Foriellure, elc, Commencemenl OIIOrl\Closure Of lor1ellure proceedrngs, whether by JudiCial proceeding, sell-help, repossession or
anv olhOl molhOd, by any credllor 01 Granlor Ot by any govern menIal agency 8g8mstany ollhe Property. However, thiS subsection shall nol apply
Hl Ihe ovonl 01 a good faith d,<;pulo by Gran!o, as 10 tho \al.di!y or rpasonableness of tho clalrn whrch tS the baSIS ollhe foreclosure or lorefellure
f11('l('ptl(11I1fl, p.roVldN11Ml (jrl\nlor qlvPs I pndm ....rl!!f111 nl'~'(""{l of !,UCh cl,llm and lurnlshflS mser\'PS or a surety bond for lhe clarm satlslactory 10
MORTGAGE
(Conllnued)
Page 5
Londer.
BreZICh of Other Agreement Any breach by Granlor or 8000wer under the terms at any other ogroomonl betwoen Granlor Q( Borrower and
Lendor thai Is nol remodied within any graco period provided Ihoroin, Including without limitation any agroomont concornlng any Indobtodnoss or
othor obligation 01 Grantor or Borrower 10 Lendor, whother oxlslino now Of Ialer.
Events Affecting Guarantor. Any oltha procoding evonts occurs with respect 10 any Guaranloc 01 any of the Indebtedness or such Guarantor
dies or bocomes Incompetent.
Insecurity. lender In good faith deems itself insecure.
RIGHTS AND REMEDIES ON DEFAlA.T. Upon Ihe occunence of any Event of Delaulland at any lime Iharaaftar, Lendar, at ils oplion, may exerclsa
any ana or more of tho follOWing nghls and remedIos, I" addItion 10 8ny other rights or remedies provided by law:
Acc.l.rntn Ind.btedn.... Subject 10 applicable law, Lender shall have lha right al ils opllon wilhout nolice 10 Borrowar 10 doclare Ihe enlire
Indebladness Immedlalely due and payable.
UCC R.medl.s. Wllh respect 10 all or any part of Iha Personal Proparty, Lendar shall hava alllhe righls and remedies 01 a secured party undar
Ihe Uniform Commercial Coda.
COllect Rents. lender shall have the righi, without notice 10 Granlor or Borrower. to take possession of the Property and coHect the Renls,
Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, againsllhe Indebtedness. In furtherance of
Ihls right, Lender may ,equlre any lenant or olhar usor 01 the Property 10 make paymenls of rent or uso faos direclly 10 Lander. Illha Renls ar.
collected by Lender, then Gronlor irrevocably designates Lender as Granlor's attorney-in-fact to endorse Instruments received In payment thereol
In the name of Granlor and 10 negotiate the same and collect the proceeds. Payments by tenants or other usern 10 lender In response to Lender's
demand shall salisfy the obligations for which the payments are made. whether or not Bny proper grounds for the demand existed. lender may
exorcise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Re<:.lv.r. Lendar shall have Ihe righl to have a receiver appointed to Iaka possession of all or any part 01 Ihe Property. wilh Iha power to
prolect and preserve Ihe Property, 10 operale Ihe Property preceding foroclosure or sale, and to collecl the Renls ~om Ihe Property and apply Ihe
proceeds, over and above the cosl 01 the receivership, against tho Indebtedness. The receiver may serve without bond if permitted by law.
lender's right 10 the appointment of a receiver shall exist whether or not tho apparent value of the Property exceeds the Indebtedness by a
substantial amount. Employment by lender shall not disqualify a person from serving as a receiver.
JUdicial Foreclosure. lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
possesslon of the Property. For tha purpose of procuring possession 01 Ihe Property, Grantor hareby aulhonzas and empowers any aftorney 01
any court Of record in the Commonwealth of Pennsy1vania or elsewhere, as attorney for lender and all persons claiming under or through lender,
to sign an agreement for entering in any competent court an amicable action In ejectment for possessIon 01 the Property and to appear for Bnd
confess judgment against Grantor, and against all persons claiming under or through Granlor, lor tho recovery by lender 01 possession of the
Property, without any stay of execution, lor which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and
thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever.
Nonjudicial Sale. If permiUed by applicable law, lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real
Property by nonjudicial salo.
Oenclency Judgment. lender may obtain a judgment for any deficiency remaining in the Indebtedness due to lender after application of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of lhe Property after the Property is sold as provided above or lender olherwlse
becomes entitled 10 possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of lender or the purchaser of
Ihe Property and shall, at Lender's opllon, ellher (a) pay a reasonable renlal for the uso of lhe Property. or (b) vacale Ihe Property Immedialely
upon the demand 01 Lender.
oth.r R.medl.s. Lender shall have ell olher rig his and ,emed.es provided in this Mortgage or the Nole or available allaw or in equity.
SlII. of the Property, To Ihe extent permlfted by applicable law. Granlor or Borrower hereby waive any and all righl to have Ihe property
marshalled. In exercising its rights and remedies, lender shall be free 10 sell all or any part of the Property together or separately, in one sale or by
separate sales. lender shan be entitled to bid at any public sale on all or any portion of the Property.
Notice of SlIte. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the tlme after
which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law,
reasonable notice shall mean notice given alleast ten (10) days belore the lime of the sale or disposition.
Waiver; Election of Remedies. A waiver by any party 01 a breach of a provision of Ihis Mortgage shall nol constitute a waiver of or prejudice the
party's rights otherwise to demand strict compliance with thai provision or any other provision. Election by lender to pursue any remedy shall nol
exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor or Borrower under
this Mortgage after failure 01 Grantor or Borrower to perform shall not affect lender's nght to dedare a default and exercise ils remedies under this
Mortgage.
Attorneys' Fees; Expenses. II lender institutes any SUIt or achon to enforce any of the terms of this Mortgage, lender shall be entitled to recover
such sum as the court may adjudge reasonable as attorneys' fees at trial Bnd on any appeal. Whether or not Bny court action is involved, aU
reasonable expenses incurred by lender that in lender's opinion are necessary at any time for the protection of its interest or the enforcement 01
its rights shall become 8 part of the Indebtedness payable on demand and shall bear interest trom the date of expenditure until repaid at the rate
prol/1ded lor in the Note. Expenses covered by this paragraph mclude, wtthout limitation, however subject to any limits under applicable law,
lender's attorneys' fees and lender's legal expenses whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedingS
(including efforts to modify or vacate any automatic slay or injunction). appeals and any anticipated post-judgment collection S8f'V1CeS.tha cost 01
searching records, obtaining tlUe reports (including foreclosure reports), surveyors' reports. and appraisal fees, and tIlle insurance, to the ex1enl
permItted by applicable law. Borrower also Will pay any court costs, in addition to all other sums prol/1ded by law.
NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise prOVIded by applicablo law. any notice under IhlS MOllgaga shall be In wnling and
shall be effecl1ve when actually delivered, or when deposltod Wllh a nstronaUy recogniZ&d overnight courief, or, If maIled, shaH be deemed effective
when depOSIted in the United States mall first class, registered mail, postage prepaid, directed to the addresses shown noar the beginning 01 this
Mortgage. Any party may change tis address for nohces under thIS Mortgage by grl/1ng IOfmal wntten nollee to the other partIes, spOClfylng lhallhe
purposa of the notice IS to chango the party's address. All caples 01 notlCOS 01 foreclosure from the holder 01 any lien whiCh has pnonty over thIS
Mortgage shall be sent 10 lender's address, as shown near tho beginning oflhls Mortgage. For notice purposes. Grantor agrees 10 keep Lender
inlOlmed at alltlmos ol Granlor's cUHenl address
~0Q~ t:~r.l
3:17
~ I r ;
".,..
MORTGAGE
(Continued)
Page 6
MISCaLANEOUS PROVISIONS. Tho following miscollanoous proVIsions aro a part of IhlS Mortgago:
Amendments. ThIs Mortgage. logolhor with any Related Documents. conshlulos Ihe enlire understanding and agreement 01 the parties as 10 the
matlers set forth in this Mortgage. No altoration of or amendmenllo this Mortgago shall be eHoclivo unlass given in wrlling Bnd signed by the
party or parties sought to be charged or bound by lho alloration or amendment.
Annual Reports. If tho Property Is used lor purposos other than Grantor's residence, Granlor shall furnish 10 lendor, upon roquest, a cerMed
statement 01 net operating income received from tho Property during Granlo,'s previous fiscal year in such form and dotail as Lender shall require.
-Nol operating incomo. shall mean all cash recoipts tram tho Property loss all cash expenditures made in connection with the operalion oflhe
Proporty.
Appllc"ble Law. This Mor1(jllge has been delivered to Lender and accepled by Lender In Ihe Commonwesllh 01 Pennsylvsnla. This
Mor1(jllge shall be governed by end conslrued In accordance wllh Ihe lews 01 Ihe Commonweallh 01 Pennsylvania.
~ptlon Headings. Caption headings in this Mortgage are for convenience purposes only and are nol 10 be used 10 interpret or define the
prOVIsions ollhis Mortgago,
Merger. There shall be no merger of the Interest or estate created by this Mortgage with any other Interest or estate in Ihe Property at any time
held by or for the benefit of lender In any capacity, without tho wriUen consent of lender.
Mulllple PlJrtles. All obligations of Grantor and Borrower under this Mortgage shall be joint and several, and aU references to Grantor shall mean
each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each 01 the persons signing below
is responsible for lJlI obligations in this Mortgage.
Severability. If a cour1 of competenl junsdiction finds any provision of this Mor1gage 10 be invalid or unenforceable as 10 any person or
clrcumslance, such finding shall not render Ihal prOVIsion invalid or unenforceable 8S 10 any other persons or circumstances. II feasible, any such
offending provision shall be deemed 10 be modified 10 be within the limits of enforceability or validity; however, if the offending provision cannot be
SO modified, it shall be stricken and all other provisions of this Mor1gage In all other respects shall remain valid and enforceable.
Successors and AssIgns. Subject to the limitations staled in this Mortgage on transfer of Granlor's interest, this Mortgage shall be binding upon
and inure to the benefit of the par1ies, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested
In a person olher than Grantor, lender. without nolice to Grantor, may deal With Grantor's successors with reference 10 this Mortgage and the
Indebtedness by way of forbearance or extension wilhout relossing Grantor from the obligations of this Mortgage or liability under the
Indabladne...
Time Is 01 the Essence. Timo is ollhe ossencoln Ihe portormanco of Ihis Mortgago.
Waivers and Consenls. lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless
such waiver is In writing and signed by lender. No delay or omission on the part 01 lender in exercising any tight shall operale as a waiver of
such righl or any other right A waiver by any party of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's tight
otherwise to demand strict complianco with that provi5ion or any other provision. No prior waiver by lender, nor any course of dealing between
lender and Grantor or Borrower, shall conslitule a waiver of any of lender's rights or any of Grantor or Borrower's obligations as to any future
transactions. Whenever consent by Lender i5 requited in this Mortgage, the granting of such consenl by lender In any instance shall nol
constitute continuing consent 10 subsequent instances where such consent is required.
GRANTOR ACKNOWLEDGES HAVING REAO AU. THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
GRANJOIl: / ;2: Jj .
~~7' ,_~~/L-'
X (SEAL)
AUd,ey J. Guy
Signed, u:knowledged and delivered In the p",sence lll:
X \ ( ~. -'L! jl ~I -;/--"
W{)"e.. \ i \
Wllne..
.
~
!
;
X
CERTIFICATE OF RESIDENCE
I hereby certify, that the precIse address 01 the mortgagee, hrmers Trusl Company, herein IS as fOllOws: _-
One Wesl High Slresl, Cartls!e, PA 17013
x_,
I
I,
I
I
Atlorney or Agel'll lor MorlQ.l~ee
I
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~~~~ t:~(il :A[[ 3:Jh
EXHIBIT "An
AUDREY J. GEYER TO FARMERS TRUST COMPANY MORTGAGE
ALL THAT CERTAIN tracl of land situale in Upper Mifflin Township. Cumberland
County. Pennsylvania, bounded and described in accordance with lhe Preliminary and Final Plan
of Audrey J. Geyer. prepared by John R. Kissinger, Regislered Surveyor. dated May 7. 1985 and
recorded in the hereinafler mentioned Reeorder's Oflice in Plan Book 48, Page 42, more
particularly bounded and described as follows:
BEGINNING at a railroad spike in the cenlerline ofTownship Road T-365 at comer of
lands now or fonnerly of Upper Mifflin Township; lhence along said line of lands now or
fonnerly of Upper Mifflin Township. North 66 degrees 53 minutes 50 seconds Wesl a distance of
265.00 feet to an existing iron pin in stones; lhence along line of lands now or fonnerly of the
Commonwealth of Pennsylvania State Game Lands North 14 degrees 42 minutes 10 seconds East
a distance of 195.82 feet to a point at the Northwest comer of Lot No, 2 as shown on lhe
aforementioned Subdivision Plan; lhence along said Lot No.2 South 80 degrees 41 minutes 15
seconds East a distance of 294.40 feet to a point in the centerline of Township Road T-365: thence
along the centerline of said Township Road T-365. Soulh 21 degrees 25 minutes 56 seconds West
a distance of 214,00 feet to a railroad spike at the Place of BEGINNING,
CONTAINING 1.4615 acres and being all of Lot No. I as shown on lhe aforementioned
Subdivision Plan,
BEING a portion of the same premises which Ruth E. Morrison and Ralph Morrison. her
husband. by deed daled July 8. 1957 and recorded July 8. 1957 in the Oflice of the Recorder of
Deeds in and for Cumberland County. at Carlisle. Pennsylvania. in Deed Book "X". Volume 17.
Page 405. granted and conveyed to Henry D. Geyer and Audrey J. Geyer. his wife. The said
Henry D, Geyer having died on August 15. 1979. title to the same remain vested by operation of
law solely in his surviving spouse. Audrey J. Geyer. the Mortgagor herein.
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, III cumberl.nd dl of 0.(..0.;
.,j in the office for the recor ng
L \.1d W^4mberland countY3~ :,
r'f\ ~ ocI8Y1- Vor-' - P.ge - C1rc:..
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r.l;:Tilur.::r~.. BOO~ 11 ~AGl405
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MADE: THE: 8th doV 0' . Jul:!,
01 Ollr Lord on' l"01I.I""d ftin,'n",dr.d and Fir ty.. seven
. 1ft "at ..tar
Ruth E. Horri.on and Ralph Horrl.on, her huspend oC
the Roro\leh oC Sh1ppen,purr., County oC C\lJ:1berlon~ and
State oC Penn.ylvan1a, Grantor., l'arUe. oC the fir.t
part
Henry D. Q,.yer and Audrey J. Geyer, hi. wHe, oC the
Roroueh oC Ne'Nllle, County oC Cunberland and State
of Pltnn:!!:..l v:lrls t GrAntees t pD rtles of the ~ econd
part
WITNESSETH, 1110. in eonlid'TGliorl 0' Twenty-two Hundred and Fifty
(S~250 .00) Dollo",
i" "and pAid, tA, ,.ctipC """tNo/ " "'r,by ac,nCt1l1t,dQtd, tll' .aid grantDr S do latre~ uranC
and con\ltll Co t.b lCIid grant.. tI, ALL thnt piece or pArcel of land 51 tuate
In the Town.hlp DC Upper HHn 1n, County DC Cumberland; and
Stote oC Penn.ylvania, bounded and de.cr1bed a. Collow. to-w1tl
BETWE:EN
and
BEGIIn;ING at a po1nt 1n the middle DC the road lead1ng
to Heber11g; thence elonr. .e1d road, a d1stance DC Three
Hundred and S1xteen (316) Ceet; th.nce along the lond
DC Ge6rge C. Derick, Corr,erly Lev1 \I.e.t, Two llundred'
Ninety-one (291) C.et; thence by lend oC Theodore Jumper
Two HIUldred Eichty-four (2R4) fent; thence by lan1 oC
George C. Der1ck Two Hundred S1xteen (216) Cent, to the
Place of Beg1nning. Cont.1nlng One and Three-fourth.
(1 3(4) Acre., more or 1....
Rr.I~G the 'erne property that Hargaret Il. Land1. conve:'ed to
Ruth E. Horr1.on by deed dated the :lst <lny of AUr.'lOt, 1'148
and recorded In the oCC1ce for the recording of d.ed. in and
for the County of Cunbe-'and In Deed Book 13W at F"e 421. A.
Margaret B. Landis wa~ married to Harvey J. Landis at the d3~e
oC this deed; by reaSon oC lhi. Harvey J. Landi. and Hargaret
B. Lan'l1. e..cuted ad eed on the IPth d,y of Aprll, 1955 nnd
recorded 1n the snme ~rrlce in Deed Book 16K at rage 393.
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they . C.It. V"G"Co, !, tI,t: ir .It,;,.", trtndM' and adm"lulralnrJ, .~all nnd ,. tll ,..a,.
",,,c genl!!rolly anti fort\',r d,fl"Tld l~t ~t,..,t., Or'h11" rl,unblf1
pr"""... \I.il.lt t'" hrcdilo"'....'.II1ld appllrt'"IIl1"', ",,10 ,"" ,nul arn"'rf'~ I .~,.. l:", h,I" Itll.r
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EXHIBIT
I b
NOTlf.€..P.!..!NT..E!'!!JON TO FORECLOSE MORTGAGE
TO:
AUdre~ Guyer
RD 1/ Box lJ~
NewvIlle, Pa. 1/~41
Date of Notice
March 05, 1997
CL 1036052
Loan No.
The MORTGAGE held by .....E.ijIm.er.s-....I.r_u~.J;.....Company-1 West Hi qh Street Carl i sl e. Pa. 17013
(hereinafter we, us or ours) on your property located at 1501 Hemlock Avenue ~nd RO II , Box 132
Carlisle, Pa. 17013 liewvll 1~, Pd. 172"41
IS IN SER 10US DEFAULT bec.1l1seyoll have not made the monthly payments of S 1300.3B
for tl'l! '1I.)"ll1s 01 _o.ec..~m.lJ.E!c...!9~fi ___, _~alJuary 1997 . and -E.E!.bru~ 1997
and/or because
Late charges and other charges have also accrued to this date in the amount of . The total
amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this
letter, is S 3901.14 .
YOIl3gb't'11(e this default within THIRTY 130) DA YS of the date of this letter, by paying to us the above amount
of S' , pills any additIOnal monthly payments and late charge which may fall due during this
period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at
F~rmers TrusLCOIDl1allY- 1 W.....HJgh....S.tr.eeLc.arlisle. Pa. 17013 .
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to acceleratl1 the
mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mort9age in monthly installments. If full payment of
the amount of default is not made within TH I RTY 130) DAYS, we also intend to instruct our attorneys to start a
lawsuit to foreclose your mortgaged property, If the mortgage is foreclosed your mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they
be9in legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to
S50,00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even
if they are over S50,00. Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage.
If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale.
You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due,
as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other require.
ments under the mortgage, It is estimated that the earliest date that such a Sheriff's sale could be held would be
approximately Sept 1997 . A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You ma~ find out at any time exactly what
the required payment will be by calling us at the following number:(71 7)241-7759. This payment must be in cash,
cashier's check, certified check or money order and made payable to us at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain
in it. I f you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you,
You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE
PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY rROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO ':':ILL
ASSUME THE MORTGAGE DEBT. PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND
ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIRE
MENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUM.
STANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY
THIRD PARTY ACTING ON YOUR BEHALF, YOU HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE
PROCEEDINGS THE NONEXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO
fiCCELERf\TIOI\: OR FORECLOSURE
If 'yOU CUrt' rht' def.JU: :11/' '110rt
VUll ,Ht' !h)~ f'flilill'(j W thIS rlll~)t to (
l.' sam/' posltfOn as if 110 dt~fault had occurred. However,
an th/!!t' times In Jny cJlendJr yeJr
EXHIBIT
,~-
By
,~...."
'.
Hutchison-Collection Officer
RE: Accounl No
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM.
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
~ ~UQ3~052 D.,. _M,)r!JLQ~. 1997
TO' Audrey Guyer ROT Box' , 32 Newvill e."Pa :'17241
FROMT~~~~r~'Ir~sqomr~ny~r'Wes ('Iligh' Strcel:C~rJ Is lc~ 'p.',J ?Oit __
-. ....--- --
You mav be eligible 'or financial alllstance th.t will prevent 'oraclolure on your mortg.ge II )'ou complv wUh lhe
provlllonl 01 (he Homeownerl' EmergencV Mortgago AIIlslance ACI 01 1983 (lhe -Acn, You mav be ellglblo lor emergency
lemporarv alllllance II your delaull h.. boen cauled bV clrcumltanC81 beyond your conlrol, you have a rOllonable
prospoct 01 relumlng your morlgllge pavmenll, and II you maal olher eligibility requirements eslabUshed by Ihe
Pennsylvania HaUling Finance Agency. PleBso read 011 01 lhls Notice, It conlalns an explanallon 01 your rlghls.
Undor the Acl, you arc enllllcd 10 ,] IcmpOfillV stay 0110rocto3uro on vour mortg.lge lor thirty (30) days horn the dale 01 this
Nolice. During thai time you musl arrango and nil end 0 "f,lCO'lo-laco. mooting with 0 represenlative 01 this lendor, or with a
dpslgn~lled consumer credll couns()hng ilgrncy Tho purposo ollhis mcchng is to allempllo work out 0 repavmenl plan, or 10
olherwlse sollie your dollnquency ThIS moollng must OCClJlln Iho nOlrllhirtv (30) days.
II you allond a lace-la-lace moetlng wllh thiS londer, or with a consumor crodlt counseling agency Idonllllod In Ihis nolico, no
lurlher proceeding in morlgage foreclosure may lako place lor thllty (30) days allm lhe dato or this meellng
Th,p nqme, address ilnd telephone number 01 our leprosentalive IS:
Jack v" tlutchlson
-'WestHTghSlreet--.------.
Carlisle, Pa. 17013
Telephone Numb.;T7f7J 241=7759
The nWt~), eddress(es), and phone numbers 01 (e) designated consumer credil counseling agencv(les) II (are):
~OY'G-streel
Car I TsrO:-Pa:-r70Y'----
Ills only necessary 10 schedule one face. la-lace meeling. You should advise lhls lender Immedlalely 01 your Intentions.
Your mortgage is in default becauso you have laUed 10 pay promptly Installmenls 01 principal and Interesl, as required, lor 8
periOd 01 alleesl sixly (60) days. The lolal amount ollhe delinquoncy Is $ --3.221...J 4 . That sum Includes
the following:
3 Monthly payments of 1300.38 for the Months of Oecember -19'1fo-January-1997 and February 1997
Your mortgage is also in deraull for Ihe lollowlng reasons:
II you have tried and are unable 10 resolve this problem alar after your lace-Io-foce mealing, you have the righllo applV lor
financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order 10 do Ihls, you must fill oul, sIgn and
Iile a completed Homeowners' Emergency Assistance Application with one ollhe deslgnaled consumer credIt counselinll agencies
listed above An application lor asslslance may only be oblained Itom e consumer credit counsoling agency The consumer credll
counseling agency will Bssisl you In lilfing oul your application and will submit your completed appllcalion 10 lhe Pennsvlvania
Housing Finance Agency Your application musl be Wed or poslmarked, wllhin Ihirty (3D) days 01 your lace-Io-lace meeling
It is e:dremely importanllhal you fife your application promptly fI you do not do so, or if you do nollollow the a/her lime periods
set forth In this leller, forecfosure may proceed against your home Immedia/ely
Available funds lor emergency mortgage assislance are very lImited. They Will be disbursed by the Agencv under the eligibillly
crilerla eslablished by lhe Acl.
lt is extremely impOrlan! thai your applicatlon be accurate and complete in every respect. The Pennsylvania Housing Finance
Agency has Sixty (60) days 10 make a decision alter it receives your application. During Ihal addllionallime, no loreclosure
proceedings Will be pursued againsl you il you have mal the lime requirements sellorlh above. You Will be notl/led directly by Ihat
Agency 01 lis decision on your application
The Pennsylvama HOUSing Finance Agency is tocated al 2101 North Fronl Street. PosI Otlice Box 15530, Harrisburg. Pennsytvama
17105. Telephone No (717) 7BO.3Boo or 1-800-342-2397 (toll flee number). Persons with lmpalled hearing can caU (717) 7BO.1869
In addlllon you may receive another notice from this tender under Act 6 011974 That notice IS called the "Noltce ollnlenhon to
Foreclosure". You must read both noltces, since lhey both ellptaln rightslhat you now have under PennsVlvanla law However, II
Vall choose 10 ellerclse your rIghts descnbed In Ihls notice. you cannot bo foreclosed upon while you are receiving thai aSSistance
Very trulV yours,
Tho Pennsvlvanl.
~'B'T
, I
oached TOLL FnE[ at I (BOO) 342.2397
Jack V. lIulchison.Collection Officer
ltll.l.l. II~.. 4 'I "',
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