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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CNIL DNISION
COMPANY OF CHAMBERS BURG,
Plaintiff,
vs.
LEE F. SWARTZ and
PHYLLIS M. SWARTZ,
Defendants.
TO: OEFENOANT(s)
YOU ARE HEREBY N TIFIED TO PLEAD TO THE
ENCLOSED COMPL NT WITHIN TWENTY (20) DAYS
A DEFAULT JUDGMENT
1 HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
NO.: 07 - 109.3
C;I.>~CT~
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
(15T MORTGAGE)
FILED ON BEHALF OF:
Farmers and Merchants Trust
Company of Chambersburg,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa, J.D. #55650
Kimberly A. Bonner, Esquire
Pa. J.D. #89705
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
,
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HA VERECENED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOu. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECENED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DNISION
Plaintiff,
NO.:
vs.
LEE F. SWARTZ and
PHYLLIS M. SWARTZ,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, P A 17013
Phone (717) 249-3166
(800) 990-9108
"
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERS BURG,
CIVIL DIVISION
Plaintiff,
NO.:
vs.
LEE F. SWARTZ and
PHYLLIS M. SWARTZ,
Defendants.
A VISO
US TED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y A viso radicando
personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier
otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME A VA Y A A
LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, P A 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DNISION
Plaintiff,
NO.: 07- /0?3 ~"'f.u.w,
vs.
LEE F. SWARTZ and
PHYLLIS M. SWARTZ,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Farmers and Merchants Trust Company, by its attorneys, James, Smith,
Dietterick & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Farmers and Merchants Trust Company of Chambersburg, which
has its principal place of business at 20 South Main Street, P.O. Box 6010, Chambersburg,
Pennsylvania 1720 I.
2. The Defendants, Lee F. Swartz and Phyllis M. Swarts, are adult individuals whose
last known address is 811 Greenspring Road, Newville, Pennsylvania 17241.
3. On or about October 19, 2004, Defendants executed a Promissory Note in favor of
Plaintiff in the original principal amount of $79,000.00. A true and correct copy of said Note is
marked Exhibit "A", attached hereto and made a part hereof.
4, On or about October 19, 2004, as security for payment of the aforesaid Promissory
Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal
amount of $79,000.00 on the premises hereinafter described, with said Mortgage being recorded
in the Office of the Recorder of Deeds of Cumberland County on October 26,2004, in Mortgage
..
Book Volume 1885, Page 2832. A true and correct copy of said Mortgage containing a
description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and
made a part hereof.
5. Defendants are the record and real owners of the aforesaid mortgaged premises.
6. Defendants are in default under the terms of the aforesaid Mortgage and
Promissory Note for, inter alia, failure to pay the monthly installments of principal and interest
when due.
7. On or about October 10, 2006, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and Act 6 of 1974,41 P.S. ~101, et seq. True and correct copies of said Notices
are marked Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiffby Defendants is as follows:
Principal
Interest through 2/21/2007
Late Charges
Attorney's Fees
Court, Sheriff & Title Costs
$ 71,385.24
$ 3,300.34
$ 280.56
$ 1,250.00
$ 2.500.00
TOTAL
$ 78,716.14
plus interest on the principal sum ($71,385.24) from February 21,2007, at the rate of$13.20 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of$78,716.14, with interest thereon at the rate of$13.20 per diem from February 21,2007 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of mortgaged premises
BY:
S ott Di erick, Esquire
P A I.D. # 55650
Kimberly A. Bonner, Esquire
P A I.D # 89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
PROMISSORY NOTE
References in the shaded area are for lender's use only and do not limit the applicability of this document to any particular loan Dr item.
Any item above containing"..." has been omitted due to text length limitations.
Borrower: l.e F. Swartz (SSN: 209-28-89961
Phyllis M. Swartz ISSN: 198-34-7017)
811 Gr..nsprlng Road
N.wvlll., PA 17241
lender:
Fanners and M.rchants TRlat CD. of Chamb.rsburg
N.wvill. Offic.
20 South Main Street
P. O. 80x 6010
Chamb.rsburg, PA 17201-6010
(7171264-6116
Principal Amount: $79,000.00
Interest Rate: 6,750%
Date of Note: October 19, 2004
Maturity Oat.: October 20, 2016
PROMISE TO PAY. I ('80rrow.r"ljolntly and s.v.rally promise to pay to Farm.r. and M.rchant. TRI.t Co. of Chamb.r.burg ("l.nd.r"I, or
ord.r, In lawful mon.y of the United Stat.. of Am.rlca. the principal amount of S.v.nty-nin. Thou.and & 00/100 Dollar. ($79,000.001,
tOg.ther with int.r..t at the rat. of 6.760% p.r annum on the unpaid principal balanc. from Octob.r 23, 2004. until paid In full. Th. Int.r.at
rat. on this Not. will Incr.... under the following clrcumatanc..: .topping the llUtomatic draft from an F80M account and/or t.rmination of
Fr..dom account. Th. Int.r..t r.t. on this Not. will Incr.... .s follows: by 0.26% for t.rminatlng the Fr..dom account or by 0.50% for
stopping the autom.tic draft. UnI.ss walv.d by L_.r, any Incr.... In the int.r.at rat. will incr.as. the amount of my final paym.nt.
PAYMENT. I will pay thl. loan In 144 paym.nts of $801.63 .ach paym.nt. My first paym.nt I. due Nov.mb.r 20,2004, and all sub..quent
paym.nts are due on the Sam. day of .ach month aftar that. My final paym.nt will b. due on Octob.r 20, 2016, and will b. for all principal
and all accRl.d int.r..t not y.t paid. Paym.nts Includ. principal .nd Int.r.st. Unl... otharwl.a agraed or r.qulred by appllcabl. law. paym.nts
will b. appll.d fir.t to any accRl.d unpaid Int.r.at; th.n to principal; th.n to any unpaid collection coata; and then to any lat. charg... inter.st
on this Nota I. comput.d on a 365/366 simpl. inter.at baals; that i., by applying the ratio of the .nnuallnt.r..t ratll ov.r the numb.r of day. in
a year, multiplI.d by the out.tanding prlnclpel balanc., multiplied by the actual number of day. the principal balanc. is ou_ndlng. I will pay
l.nd.r at L.nd.r's addr.s. .hown above or at .uch othar plac. as l.nd.r may d.signat. In writ/ng.
PREFERRED RATE REDUCTION. The interest rate on this Note includes a preferred rate reduction. Following is a description of the event that
would cause the preferred rate reduction to terminate and how the new rate will be determined upon termination of the preferred rate reduction.
D..crlptlon of Ev.nt That Would Causa the Pr.f.rr.d Rata Reduction to T.rminat..
stopping the automatic draft from an F&M acco.unt and/or termination of Fre.dom account.
How Th. N.w Rat. Will B. D.termin.d Upon T .rmInat1on of the Pr.f.rr.d Reduction.
by 0.25% for terminating the Freedom account Dr by 0.50% for stopping the automatic draft.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to
by lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce
the principal balance due and may result in my making fewer payments. I agree not to send lender payments marked "paid in full", "without
recourse", or similar language. If I send such a payment, lender may accept it without losing any of lender's rights under this Note. and I will
remain obligated to pay any further amount owed to lender. All written communications concerning disputed amounts, including any check Dr
other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed Dr that is tendered with other
conditions Dr limitations Dr as full satisfaction of a disputed amount must be mailed or delivered to: Farmers and Merchants Trust Company of
Chambersburg, P. O. Box 6010 Chambersburg, PA 17201-6010.
LATE CHARGE. If a payment is 16 days or more late, I will be charged 6.000% of the r.gularly sch.dul.d paym.nt.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum dua under this Note will bear interest from
the date of acceleration Dr maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable
law.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promi.... I break any promise made to lender Dr fail to perform promptly at the time and strictly in the manner provided in
this Note Dr in any agreement related to this Note, Dr in any other agreement or loan I have with lender.
Fals. St.t.m.nts. Any representation or statement made Dr furnished to lender by me Dr on my behalf under this Note Dr the related
documents is false Dr misleading in any material respect. either now Dr at the time made Dr furnished.
D.ath Dr Insolv.ncy. Any Borrower dies Dr becomes insolvent; e receiver is appointed for any part of my property; I make an assignment
for the benefit of creditors; Dr any proceeding is commenced either by me Dr against me under any bankruptcy or insolvency laws.
Taking of the Prop.rty. Any cr.ditor Dr governmental agency tries to take any of the property or any other of my prop.rty in which lender
has a lien. This includes taking of, garniShing of or levying on my accounts with lender. However, if I dispute in good faith whether the
claim on which the taking of the property is based is valid Dr reasonable, and if I give lender written notice of the claim and furnish lender
with monies Dr a surety bond satisfactory to lender to satisfy the claim, then this default provision will not epply.
Def.ctlv. ColIaterallzation. This Note Dr any of the related documents ceases to be in full force and effect (including failure of any collateral
document to create a valid and perfected security interest Dr lien) at any time and for any reason.
Collat.ral Demage or loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft,
substantial damage Dr destruction is not covered by insurance.
Events Affecting Guerantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, Dr accommodation party
of any of the indebtedness or any guarantor, endorser, surety, Dr accommodation party dies Dr becomes incompetent, or revokes Dr
disputes the validity of, Dr liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, lender, at its
option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to lender, and, in doing so, cure any Event of Default.
Ins.curity. lender in good faith believes itself insecure.
lENDER'S RIGHTS. Upon default, lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount.
ATTORNEYS' FEES; EXPENSES. lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount.
This includes, subject to any limits under applicable law, lender's attorneys' fees and lender's legal expenses, wh.ther or not there is a lawsuit,
including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and
appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law.
GOVERNINQ LAW. This Not. will b. governed by end interpret.d In accordanc. with fedarel I.w and the laws of the Commonw.aIth of
Pennsylvania. This Note has baen .ccepted by Lendar In the Commonw.alth of Pennsylvanl..
RIGHT OF SETOFF. To the extent permitted by applicable law, lender reserves a right of setoff in all my accounts with lender (whether
checking, savings, Dr some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future.
However, this does not include any IRA Dr Keogh accounts, Dr any trust accounts for which setoff would be prohibited by law. I authorize
lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts.
COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage
dated October 19, 2004, to lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information
concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are
hereby incorporated and made a part of this Note.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and
assigns, and shall inure to the benefit of lender and its successors and assigns.
GENERAL PROVISIONS. lender may delay Dr forgo enforcing any of its rights or remedies under this Note without losing them. I and any other
PROMISSORY NOTE
(Continued)
Page 2
person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of
dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether
as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend
(repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's
security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other
than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "''',
"me", and "my" mean each and all of the persons signing below.
PRIOR TO SIGNING THIS NOTE, I. AND EACH OF US. READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I. AND EACH OF US.
AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
x~~...~}
Lee F. Swartz
\ISeall
-/Jj~....~
.'",', .,'-'....,..-..- -.-.,....-.'.. ;-,.:.-'.';.-,-,-. .....,...... ........
:-:-:""',' ..'............- ..-,...-.-......' .....-.-..-....., , -....,:.:........
'.:':.<', ........,' ..... ...,..-,'.................'.'.. ........, ";-:':':'.
.. ... -. . .-...,. .. .
;:,:::,;,.", .,.', :.-' _.:::,;:.'" ;"'::1'::>';"',.._:.:;:_._:_:::>:.__.::..::.;,.:._-,,.',:.
x.......'......... ................... ....................................................'."".....
... . ... ". ' . ... .. ,
PhYllis . Swartz
. iSeall
LENDER:
FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG
x..-..,#/
LASPI1"1I0 lfMlng. V.r.S.2:4..10.002 cOPI.........,..,.......hM,11ltl.1H7.lOO4. All Nall..R......... .,... l.~\D20.FC m.HI' "'.HI:
EXHIBIT "B"
If j '-r /J e.
R08EHT P. ZIEGLER
i~;EC()::;DEl\ OF DEETS
r,IH!f.'U:IMiD eOUrH'(...""
RECORDATION
REQUESTED BY:
Farmers and Merchants
Trust Co. of Chambersburg
Newville Office
20 South Main Street
P. O. Box 6010
Chambersburg, PA
17201-6010
200~ OCT 26
AfT} 11 11
WHEN RECORDED MAIL
TO:
Farmers end Merchants
Trust Co. of Chambersburg
Newville Office
20 South Main Street
P. O.Box 6010
Chambersburg, P A
17201.6010
_""1\....\,-'
('\" '\;..\
/ bC>.' \,
\'> .D \
/1.... \ q- \S
) \\)\ ~IQ'
\0
,~
o
SEND TAX NOTICES TO:
lee F. Swartz
Phyllis M. Swertz
811 Greensprlng Roed
Newville. PA 17241
FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE dated October 19, 2004, is made and executed between Lee F. Swartz and
Phyllis M. Swartz, whose address Is 811 Greenspring Road, Newville, PA 17241 (referred to
below as "Grantor") and Farmers and Merchants Trust Co. of Chambersburg. whose address is
20 South Main Street, P. O. Box 6010, Chambersburg. PA 17201-6010 (referred to below as
"Lender").
GRANT OF MORTGAGE. For valuable conslderlltlon. Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to lender all of Grantor's right, title, and interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with
ditch or irrigation rights); and all other rights, royalties, and profits relatinll to the real property, including without
limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland
County. Commonwealth of Pennsylvania:
See Exhibit A, which is attached to this Mortgage and made a part of this Mortgage as if
fully set forth herein.
The Real Property or its address is commonly known as 811 Greenspring Road, Newville. PA
17241.
Grantor presently assigns to lender all of Grantor's right, title, and interest in and to all present and future leases of the
Property and all Rents from the Property. In addition, Grantor grants to lender a Uniform Commercial Code security
interest in the Personal Property and Rents.
THIS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND CBI PERFORMANCE OF
ANY AND All OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $79.000.00, THE
RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOllOWING
TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to lender all
amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this
Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the
Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and
control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliance With Environmental laws. Grantor represents and warrants to lender that: (1) During the period of
Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
(2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
acknowledged by lender in writing, la) any breach or violation of any Environmental laws, (bl any use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
threatened litigation or claims of any kind by any person relating to such matters; and (31 Except as previously
disclosed to and acknowledged by lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
Environmental laws. Grantor authorizes lender and its agents to enter upon the Property to make such
inspections and tests, at Grantor's expense, as lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any inspections or tests made by lender shall be for lender's
purposes only and shall not be construed to create any responsibility or liability on the part of lender to Grantor or
to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims
BI{ I 8 8 5 FG 2 8 3 2
MORTGAGE
(Continued)
Page 2
against lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
any such laws; and (2) agrees to indemnify end hold harmless lender egeinst any and all claims, losses. liabilities.
damages. penalties, and expenses which lender may directly or indirectly sustain or suffer resulting from a breach
of this section of the Mortgage or as a consequence of any use. generation. manufacture. storage, disposal.
release or threatened release occurring prior to Grantor's ownership or interest In the Property. whather or not the
same was or should have been known to Grantor. The provisions of this section of the Mortgage. Including the
obligation to indemnify, shall survive the payment of the Indebtadness and the satisfaction and reconveyance of
the lien of this Mortgage and shall not be affected by lender's acquisition of any Interest In the Property. whether
by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
foregoing. Grantor will not remove. or grant to any other party the right to remove. any timber, minerals (including
oil and gas). coal. clay, scoria. soil. gravel or rock products without lender's prior written consent.
Removlll of Improvementa. Grantor shall not demolish or remove any Improvements from the Real Property
without lender's prior written consent. As 8 condition to the removal of any Improvements, lender may require
Grantor to make arrangements satisfactory to lender to replace such Improvements with Improvements of at least
equal value.
lender's Right to Enter. lender and lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to lender's interests and to inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws. ordinances, and
regulations. now or hereafter in effect. of all governmental authorities applicable to the use or occupancy of tha
Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance
during any proceeding, including appropriate appeals. so long as Grantor has notified lender in writing prior to
doing so and so long as. in lender's sole opinion. lender's interests in the Property are not jeopardized. lender
may require Grantor to post adequate security or a surety bond. reasonably satisfactory to lender. to protect
lendar's Interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
acts. in addition to those acts set forth above in this section, which from the character and use of the Property are
reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY lENDER. lender may. at lender's option, declare immediately due and payable all sums
secured by this Mortgage upon the sale or transfer, without lender's prior written consent, of all or any part of the Real
Property, or any interest in the Real Property. A 'sale or transfer" means the conveyance of Real Property or any right,
title or interest in the Real Property; whether legal. beneficial or equitable; whether voluntary or involuntary; whether by
outright sale. deed, installment sale contract. land contract. contrect for deed, leasehold Interest with a term greater
than three (3) years. lease-option contract. or by sale, assignment. or transfer of any beneficial interest in or to any land
trust holding title to the Real Property. or by any other method of conveyance of an interest in the Real Property.
However. this option shall not be exercised by lender if such exercise is prOhibited by federal law or by Pennsylvania
law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes. payroll taxes. special taxes.
assessments. water charges and sewer service charges leviad against or on account of the Property. and shall pay
when due all claims for work done on or for services rendered or material furnishad to the Property. Grantor shall
maintain the Property free of any liens having priority over or equal to the interest of lender under this Mortgage,
except for those lians specifically agreed to in writing by lender, and except for the lien of taxes and assessments
not due as further specified in the Right to Contest paragraph.
Right to Conte.t. Grantor may withhold payment of any tax. assessment, or claim in connection with a good faith
dispute over the obligation to pay. so long as lender's interest In the Property is not jeopardized. If a lien arises or
is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed.
within fifteen (15) days after Grantor has notice of the filing, secure the discharga of the lien. or if requested by
lender, depOSit with lender cash or a sufficient corporate surety bond or other security satisfactory to lender in an
amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
result of a foreclosure or sale under the lien. In any contest. Grantor shall defend Itself and lender and shall
satiSfy any adverse judgment before enforcement against the Property. Grantor shall name lender as an additional
obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to lender satisfactory evidence of payment of the taxes
or assessments and shall authorize the appropriate governmental official to deliver to lender at any time a written
statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify lender at least fifteen (15) days before any work is commenced, any
services ere furnished, or any materials are supplied to the Property, if any mechanic's lien. materialmen's lien, or
other lien could be asserted on account of the work, services, or materials. Grantor will upon requast of lender
furnish to lender advanca assurancas satisfactory to lender that Grantor can and will pay the cost of such
improvemants.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property ara a part of this
Mortgage:
Maintenance of. Insurance. Grantor shall procure and rrU,lintBin policies 'of .fire insurance with standard extended
covarage endorsements on a replacement basis for the full insurable vatue covering all Improvemonts en the Real
Property in an amount sufficient to avoid application of any coinsurance. clausa, and with e standard mortgagaa
clause in favor of lender. Policies shall be written by such insurance companies and in such form as may be
reasonably acceptable to lender. Grentor shall deliver to lender certificates of coverage from each insurar
containing a stipulation that coverage will not be cancellad or diminished without a minimum of ten (10) days' prior
written notice to lender and not containing any disclaimer of 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 act, omission or default of Grantor or any other person. Should the Real Property be
located in an area designated by the Director of the Federal Emergency Management Agency as a special flood
hazard area, Grantor agrees to obtain and maintain Federel Flood Insurance. if available. within 45 days after notice
is given by lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of
the loen and any prior liens on the property securing the loan, up to the maximum policy limits set under the
National Flood Insurance Program. or as otherwise required by lender. and to maintain such insurance for the tarm
of the loan.
81< I 8 8 5 PG 2 R :13
MORTGAGE
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Page 3
Appllcetlon of Proceeds. Grantor shall promptly notify lender of any loss or damage to the Property. lender may
make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not lender's
security is impaired, lender may, at lender's election, receive and retain the proceeds of any insurance and apply
the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, Dr the restoration
and repair of the Property. If lender elects to apply the proceeds to restoration and repair, Grantor shall repair or
replace the damaged or destroyed Improvements in a manner satisfactory to lender. lender shall, upon
satisfactory proof of such expenditure, pay Dr reimburse Grantor from tha proceeds for the reasoneble cost of
repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
within 180 days after their receipt and which lender has not committed to the repair or restoration of the Property
shell be used first to pay any amount owing to lender under this Mortgage, then to pay accrued interest, and the
remainder, if any, shall be applied to the principal balance of the Indebtedness. If lender holds any proceeds after
payment in full of the Indebtedness, such proceeds shall be paid to Grantor es Grantor's interests may appear.
lENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests,
encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the
Property then lender may do so. If any action or proceeding is commenced that would materially affect lender's
interests in the Property, then lender on Grantor's behalf may, but is not required to, take any action that lender
believes to be appropriate to protect lender's interests. All expenses incurred or paid by lender for such purposes will
then bear interest at the rate charged under the Note from the date incurred or paid by lender to the date of repayment
by Grantor. All such expenses will become a part of the Indebtedness and, at lender's option, will (A) be payable on
demand; (BI be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of
the Note; or IC) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage
also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other
rights or any remedies to which lender may be entitled on account of any default. Any such action by lender shall not
be construed as curing the default so as to bar lender from any remedy that it otherwise would have had, Grantor's
obligation to lender for all such expenses shall survive the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortgage:
Tide. Grantor warrants that: (al Grantor holds gGod and marketable title of record to the Property in fee simple,
free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any
title insurance policy, title report, or final title opinion issued in favor of, and accepted by, lender in connection
with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to
lender.
Defense of Title. Subject to the exception in the paragreph above, Grantor warrants and will forever defend the
title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced
that questions Grantor's title or the interest of lender under this Mortgage, Grantor shall defend the action at
Grantor's expense. Grantor may be the nominal party in such proceeding, but lender shall be entitled to
participate in the proceeding and to be represented in the proceeding by counsel of lender's own choice, and
Grantor will deliver, or cause to be delivered, to lender such instruments as lender may request from time to time
to permit such participation.
Compllanca With laws. Grantor warrants that the Property and Grantor's use of the Property complies with all
existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive
the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect
until such time as Grantor's Indebtedness is paid in full.
CONDEMNATION. The following provisions relating to c"Dndemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify lender in writing, and
Grantor shell promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
may be the nominal party in such proceeding, but lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grentor will deliver or cause to be delivered to
lender such instruments and documentation as may be requested by lender from time to time to permit such
participation.
Appllcetlon of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
any proceeding or purchase in lieu of condemnation, lender may at its election require that all or any portion of the
net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The nat
proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees
incurred by lender in connection with tha condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
to governmental taxes, fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by lender, Grantor shall execute such documants in addition to
this Mortgage and take whatever other action is requested by lender to perfect and continue lender's lien on the
Real Property. Grantor shall reimburse lender for all taxes, as described below, together with all expenses
incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Mortgage.
Taxa.. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (21 a specific tax on Grantor
which Grantor is authorized Dr required to deduct irom payments on the Indebtedness secured by this type of
Mortgage; (3) a tax on this type of Mortgage chargeable against the lender or the holder of the Note; and (41 a
specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxe.. If any tax to which this section applies is enacted subsequent to the date of this Mortgage,
this event shall have the same effect as an Event of Default, and lender may exercise any or all of its available
remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes
delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with lender
cash or a sufficient corporate surety bond Dr other security satisfactory to lender.
SECURITY AGREEMENT; FINANCING STATEMENTS, The following provisions relating to this Mortgage as a security
agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
constitutes fixtures, and lender shall have all of the rights of a secured party under the Uniform Commercial Code
as amended from time to time.
Bl{ I 8 8 5 PG 2 8 3 LJ
MORTGAGE
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Page 4
Security Int.r..t. Upon request by lender, Grantor shall take whatever action is requested by lender to perfect
and continue lender's security interest in the Personal Property. In addition to recording this Mortgage In the real
property records, lender may, at any time and without further authorization from Grantor, file executed
counterperts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse lender
for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove,
sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and lender and
make It available to lender within three 13} days after receipt of written demand from lender to the extent
permitted by applicable law.
Addr...... The mailing addresses of Grantor (debtor) and lender (secured partyl from which information
concerning the security interest granted by this Mortgage may be obtained leach as required by the Uniform
Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further A..ur.nce.. At any time, and from time to time, upon request of lender, Grantor will make, execute and
deliver, or will cause to be made, executed or delivered, to lender or to lender's designee, and when requested by
lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
and places as lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreaments, financing statements. continuation statements, instruments of further assurance, certificates, and
other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
perfect, continue, or preserve (11 Grantor's obligations under the Note, this Mortgage, and the Related
Documents, and (2) tha liens and security interests created by this Mortgage as first and prior liens on the
Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or lender agrees to the
contrary In writing, Grantor shall reimburse lender for all costs and expenses incurred in connection with the
matters referred to in this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, lender
may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
irrevocably authorizes lender to make, execute, deliver, file, record and do all other things as may be necessary or
desirable, in lender's sole opinion, to accomplish the matters referred to In the preceding paragraph. It is
understood that nothing set forth herein shall require lender to take any such actions.
FUll PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations
imposed upon Grantor under this Mortgage, lender shall execute and deliver to Grantor a suitable satisfaction of this
Mortgage and suitable statements of termination of any financing statement on file evidencing lender's security interest
in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee
as determined by lender from time to time,
EVENTS OF DEFAULT. At lender's option, Grantor will be in default under this Mortgage If any of the following
happen:
Payment Default. Gr....tor fails to m.ke .ny p.yment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make .ny p.yment for
taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Break Other Promises. Grantor breaks any promise made to lender or fails to perform promptly at the time and
strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage.
Falsa Statamants. Any representation or statement made or furnished to lender by Grantor or on Grantor's behalf
under this Mortgage or the Related Documents Is false or misleading in any material respect, either now or at the
time made or furnished.
Defactiv. CoIlatarallzatlon. This Mortgage or any of the Related Documents ceases to be in full force and effect
(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and
for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of
Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of
Grantor's property in which lender has a lien. This includes taking of, garnishing of or levying on Grantor's
accounts with lender. However, if Grantor disputes in good faith whether the claim on which the taking of the
Property is based is valid or raasonable, and if Grantor gives lender written notice of the claim and furnishes
lender with monies or a surety bond satisfactory to lender to satisfy the claim, then this default provision will not
apply.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and
lender that is not remedied within any grace period provided therein, including without limitation eny agreement
concerning any indebtedness or other obligation of Grantor to lender, whether existing now or later,
Events Affecting Guarantor, Any of the preceding events occurs with respect to any guarantor, endorser, surety,
or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
Indebtedness. In the event of a death, lender, at its option, may, but shall not be required to, permit the
guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to
Lender, and, in doing so, cure any Event of Default.
Insecurity. lender in good faith believes itself insecure.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, lender,
at lender's option, may exercise anyone or more of the following rights and remedies, in addition to any other rights or
ramedies provided by law:
Acc.lerate Indebt.dness. lender shall have the right at its option, after giving such notices as required by
applicable law, to declare the entire Indebtedness immediately due and payable.
UCC R.medies. With respect to all or any part of the Personal Property, lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rants. lender shall have the right, without notice to Grantor, to take possession of the Property and
collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above lender's
costs, against the Indebtedness. In furtherance of this right, lender may require any tenant or other user of the
BK I 8 8 5 PG 2 8 3 5
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MORTGAGE
(Continued)
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Property to make payments of rent or use fees directly to lender. If the Rents are collected by lender, then
Grantor irrevocably authorizes lender to endorse instruments received in payment thereof in the name of Grantor
and to negotiate the same and collect the proceeds. Payments by tenants or other users to lender in response to
lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds
for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or
through a receiver.
Appoint Rec.iv.r. Lender shall have the right to have a receiver appointed to take poss.ssion of all or any part of
the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or
sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the
receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. lender's right
to the appointment of a receiver shall exist whether or not the 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 For.closur.. Lender may obtain a judicial decree foreclOSing Grantor's interest in all or any part of the
Property.
Nonjudicl.1 Sal.. If permitted by applicable law, Lend.r may for.close Grantor's interest in all or in any part of the
Personal Property or the Real Property by non-judicial sale.
D.fici.ncy Judgm.nt. 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.
T.nancy .t Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided
above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall
become a tenant at sufferance of Lender or the purchaser of the Property and shell, at Lender's option, either (1)
pay a reasonable rental for the use of the Property, or (2) vacete the Property immediately upon the demand of
Lender.
Dth.r R.medl... Lender shall have all other rights and remedies provided in this Mortgage or the Note or available
at law or in equity.
Sale of the Prop.rty. To the extent permitted by applicable law, Grantor hereby waives any and all right to have
the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the
Property together or separately, in one sale or by separate salas. lender shall be entitfed to bid at any public sale
on all or any portion of the Property.
Notlc. of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time 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 at least ten (10)
days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
Election of R.m.di... All of Lender's rights and remedies will be cumulative and may be exercised alone or
together. An election by Lender to choose anyone remedy will not bar Lender from using any other remedy. If
Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's
failure to do so, that decision by Lender will not affect lender's right to declare Grantor in default and to exercise
Lender's remedies.
Attorney.' Fee.; Exp.n.... If Lender institutes any suit or action 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 and
upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
without 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 and expenses for bankrUPtcy proceedings
(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services, the cost of searching records, obtaining title reports (including foreclosure reportsl, surveyors'
reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any
court costs, in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be
given in writing, and shall be effective when actually delivered. when actually received by telefacsimile (unless
otherwise required by lawl. when daposited with a nationally recognized overnight courier, or, if mailed, when deposited
in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown
near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority
over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may
change his or her address for notices under this Mortgage by giving formal written notice to the other person or
persons, specifying that the purpose of the notice is to change the person's eddress. For notice purposes, Grantor
agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law,
if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all
Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are e part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with
Lender concerning the matters covered by this Mortgage. To be effective. eny change or amendment to this
Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or
amendment.
Ceptfon Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of this Mortgage.
Governing law. This Mortgag. will be gov.m.d by and int.rpr.t.d In accordanc. with federal law and the laws of
the Commonw.alth of Pennsylvania. This Mortgag. has b.an acc.pt.d by l.nd.r In the Commonwealth of
Penn.y1venia.
Joint and S.v.ral liability. All obligations of Grantor under this Mortgage shall be joint and several, and all
references to Grantor shall mean eech and every Grantor. This means that each Grantor signing below is
responsible for all obligations in this Mortgage.
No Walv.r by l.nder. Grantor understands lender will not give up any of Lender's rights under this Mortgage
unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that
BK I 8 8 5 PG 2 8 3 6
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MORTGAGE
(Continued)
Page 6
Lender has given up thet right. If Lender does agree in writing to give up one of Lender's rights, that does not
mean Grantor will not have to comply with the other proviSions of this Mortgage. Grantor also understands that if
Lender does consent to a request, that does not mean thet Grantor will not have to get Lendar's consent again if
the situation happens again. Grantor further understands that just because Lender consents to one or more of
Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests.
Grantor waives presentment. demand for payment, protest, and notice of dishonor.
Severebllhy. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by
itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore. a court will enforce the
rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or
unenforceable.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or
estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs. personal
representatives, successors, and assigns, and shall be enforceable by Lender and its ,successors and assigns.
Time Is of the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word "Borrower" means Lee F. Swartz and Phyllis M. Swartz and includes all co-signers and
co-makers signing the Note.
Environmentel Lews. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation. and Liability Act of 19BO, as amended, 42
V.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amandments and Reauthorization Act of 1986, Pub. L.
No. 99-499 ("SARA"), tha Hazardous Materials Transportation Act, 49 V.S.C. Section 1801, et seq., the Resource
Conservation and Recovery Act, 42 V.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the
events of default section of this Mortgage.
Grentor. The word "Grantor' means Lee F. Swartz and Phyllis M. Swartz.
Guerenty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
Lender, including without limitation a guaranty of all or part of the Note.
Hezerdous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
petroleum by-products or any frection thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, coats and expenses
payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means Farmers and Merchants Trust Co. of Chambers burg, its successors and
assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note.
Mortgege. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated October 19, 2004, in the original principal
amount of $79.000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of,
refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR:
THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personel Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
property now or hereafter owned by Grantor, and now or hereafter attached or affixad to the Real Property;
together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this
Mortgage.
Related Documents. The words "Related Documents" mean all. promissory notes, credit agreements, loan
agreements. environmental agreements, guaranties, li6curity agreements, mortgages. deeds of trust, security
deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
existing, executed in connection with the Indebtedness.
Rents. The word -Rents" means all present and future rents, revenues, income, issues. royalties, profits, and
other benefits derived from the Property.
BK I 8 8 5 PG 2 8 3 7
.
.
MORTGAGE
(Continued)
Page 7
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH
GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
.......~....... ...........Im..........................
."" .....".....-.......... ........ ............,..,...".
...."..--. .............-'.."....-..,-.'..........- .-.'..............-.-.-,....'......
' "'----'-. -.-. "',' ... .
.>..-.,.. ,..<<.,<'.:.:-:-:.,.,;-:.>....,. .....:.,.:-....>......:.:-:.:- ........:.:.:..:.:.':.:.:.:-: ... ":':';".-.
x........< ..........................gJi....... ......~........
:,:;::>:-'-"-:'-", c--:'.':-:'::::;>:_:::_",:_,::::':::::: "," ...,.:.".,.:..__,_ .... .:
Lee F. Swartz
. . ...{i(Seal)
.....................................................~........................................
.. . -------,... ...............--............. -....,......-... ." --", .....
. ...-.... ...----."..........-.... ...."........ --.","
...............~.. ... ................fYZ)........................... .......................... .... ...............
X><...i.........:~<i....;.i... ..::........ ..:i......
Pfiyllis . Swartz
Signed, acknDw ged and d d I the presence Df:
.i(Seal)
X
Witness
X
Witness
ft }o &J'#
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, Farme.. and Merchants Trust CD. Df Charnbersburg, herein
is as follows:
Newville Office, 20 South Main Street, P. O. BDX 6010, Chambersburg, PA
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
I SS
)
19TH OCTOBER 04
On this, the day Df , 20 , befDre me
ANDREA A. CRiDER , the undersigned Notary Public, personally appeared Lee F. Swartz and p"'iiYiiiS"N[
Swartz. known to me (Dr satisfactorily prDven) tD be the person whDse names are subscribed tD the within instrument,
and acknowledged that they executed the same for tha purpDses therein contained.
In wi !Jli!rr~m~nd official seal. ,
N-* ScoI. rlm d.~ (1. (' ~/\
Aadrea A. Crider, NOlIIIy Public:
~====~ Notary Public in and for tha State of PRNNSYLVANIA
MlIIlber, Pennsylvanll AIIoddln of NOlar1es
UIEIl",O L........ v... &.a4.1o.0Q2 ClIpf. '*1..... Fl__..1olu1lon',...... 1117, 2004. ....1Ugh..fleMry... .,.1. L:\CFI\lJ'\.\G03.FC "".IU1 M-HI
81{ I 8 8 5 PG 2 8 3 8
..
..
EXHIBIT A
TRACT NO. 1: ALL that certain tract of land situated in North Newton Township, Cumberland
County, Pennsylvania, bounded and described as follows, according to survey of Thomas A. Neff,
Registered Surveyor, dated April 30, 1963:
BEGINNING at a point in the center line of the Newburg-Newville State Highway, also known as
Pennsylvania Route 641 at a point 365.13 feet west of the western line of Township Road #393, said
beginning point also being on line oflands now or formerly of Joe E. Kyle; thence from said
beginning by the center line of the Newburg-Newville State Highway, South 57 degrees 00 minutes
West 190.0 feet to a point at line oflands of William H. Drexler, Jr.; thence by said land of Drexler,
North 36 degrees 23 minutes 40 seconds West, 300.0 feet to an iron pin in line of other lands of said
Drexler; thence by same, North 53 degrees 23 minutes 20 seconds East, 190.5 feet to an iron pin at
line oflands now or formerly of Joe E. Kyle; thence by said Kyle, South 36 degrees 15 minutes East,
311.85 feet to the center line of the Newburg-Newville State Highway, the place of BEGINNING.
BEING the same premises which Herbert F. Miller and Dora M. Miller, his wife, by their Deed
dated May 23, 1963, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book 20W, Page 91, granted and conveyed unto Lee Franklin Swartz
and Phyllis Marie Swartz, his wife. Lee Franklin SwaJ1z is also known as Lee F. Swartz and Phyllis
Marie Swartz is also known as Phyllis M. Swartz.
TRACT NO.2: ALL THAT CERTAIN unimproved tract ofland situate in North Newton
Township, Cumberland County, Pennsylvania, more particularly described according to a
subdivision plan for Charles 1. Lehman dated February 27, 1976 and recorded in Cumberland
County Plan Book 27, Page 136 as follows: .
BEGINNING at an iron pin at corner of other lands of Lee F. Swartz and Phyllis M. Swartz, his
wife, which iron pin is also in line ofland now or formerly of Victor S. Russell and land of Charles
1. Lehman and Arlene M. Lehman, his wife, North 38 degrees 14 minutes West 113.65 feet to an
iron pin; thence by land of the same North 51 degrees 36 minutes East 195 feet to an iron pin in line
ofland now or formerly of James 1. Kyle; thence by said lands of Kyle South 35 degrees 51
minutes East 113.75 feet to an iron pin at corner ofland of Lee F. Swartz and Phyllis M. Swartz,
his wife; thence by said land of Swartz South 51 degrees 36 minutes West 190.27 feet to an iron
pin, the place of BEGINNING. Containing 0.503 acres.
BEING the same premises which Charles 1. Lehman and Arlene M. Lehman, his wife by their Deed
dated April 15, 1976 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book 26N, Page 498, granted and conveyed to Lee F. Swartz and
Phyllis M. Swartz, his wife. Lee F. Swartz is also known as Lee Franklin Swartz and Phyllis M.
Swartz is also known as Phyllis Marie Swartz,
In
OK I 885 PG 2 839
{';.~
Recorder 0 f Dp.,~(~ ["<
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.
EXHIBIT "C"
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TRUST
Date: October 10, 2006
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default. and the lender intends
to foreclose. Soecific information about the nature of the default is provided in the attached oages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to helD to
save your home.
This Notice exolains how the orogram works.
To see if HEMAP can helo. yOU must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when
yOU meet with the Counseling Agencv.
The name. address. and phone number of Consumer Credit Counseling Agencies serving
vour County are listed at the end of this Notice. If vou have anv auestions. yOU may call the
Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with imoaired hearing
can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives
at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VlVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENDIA (pENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO AHOMEOWNER'S
EMERGENCY MORTAGE ASSISTANCE PROGRAM EL CUAL PUEDE SAL V AR SU
CASA DE LA PERDIDA DELDERECHO A REDIMIR SU HIPOTECA.
717-264-6116888-264~6116 P.O. Box 6010 Chamber:sburg, PA 17201-6010
. . . .
. , - .
FIN'A,N..c.r/N$',S'.o,j~.u\rl'QrtS...FROM' ReEO;Pt.E:o:~p.t! .JtN.Q w'
. ,~. . ::- . ."" ~ .... ..~~://" ;" ,c,_-:,,>:>:.:'t::1-':~~': '-?>~;'_: .' '__-"__~.>:':,,- __,' ,:t:f,'-,'.: ' ~~;':' ,_ '.-" _.
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,
HOMEOWNER'S NAME (S):
Lee F. Swartz
Phyllis M. Swartz
PROPERTY ADDRESS:
811 Green Spring Road, Newville, PA 17241
LOAN ACCOUNT NO.:
3150028447
ORIGINAL LENDER:
Farmers and Merchants Trust
Company of Chambersburg
CURRENT LENDER/SERVICER: Farmers and Merchants Trust
Company of Chambersburg
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU CAN COMPLY WITH THE PROVISION OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange
and attend a "fac~-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this
Notice. TmS MEETING MUST OCCUR WITmN mE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE
PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'. EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--Ifyou meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you fOf thirty (30) days after the date
of this meeting. The names. addresses. and teleohone numbers of desi2l1llted consumer credit counseling agencies
for the county in which the DfODertv is located are set forth at the end of this Notice. It is only necessary to schedule
one face-to-face meeting. Advise your lender immediatelv of your intentions.
I
. '
t
APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default.) If you have tried
and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program To do so, you must fill out, sign, and file a completed
Homeowner's Emergency Assistance Program application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited, They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified
directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
If ou have filed b tc ou can still a I for Emer enc Mort a e Assistance.
HOW TO CURE YOUR MORTGAGE DEFAULT (Brio!! it UP to date).
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property
located at: 811 Green Soring Road. Newville, Pennsvlvania 17241. IS SERIOUSLY IN DEFAULT because you
have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days.
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for July, August, and
September 20, 2006. The following amounts are now past due:
Principal
Interest
Other Charges:
Legal Fees
Late Charges
$ 873.53
$1,531.36
$ 50.00
$ 120.24
TOTAL AMOUNT PAST DUE:
$2,575.13
, '
.
HOW TO CURE THE DEFAULT--you may cure the default within THIRTY (30) DAYS of
the d.ate of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $2.575.13 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either bv cash. cashier's check. certified check or monev order made
payable and sent to:
FARMERS AND MERCHANTS TRUST COMPANY
P.O. BOX 6010
150 LINCOLN WAY EAST
CHAMBERSBURG, P A 17201
IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its rie:hts to accelerate the
morte:ae:e debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon vour morte:ae:ed property.
IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers this case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorneys' fees that were actually incurred, up to $50.00.
However, iflegal proceedings are started against you, you will have to pay all reasonable
attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorneys' fees
will be added to the amount that you owe the lender, which may also include other reasonable
costs. If vou cure the default within the THIRTY (30) DAY period. vou will not be
required to pay attornevs' fees.
OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOU
still have the right to cure the default and prevent the sale at anv time up to one hour before the
Sheriff s Sale. You may do so bv paving the total amount then past due. plus anv late or other
charges then due. reasonable attornevs' fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs' Sale as specified in writing by the lender and by
performing anv other reauirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
, '
.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that
such a Sheriffs' Sale of the mortgaged property could be held would be approximately six
months from the date ofthis Notice. A notice of the actual date of the Sheriffs' Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Farmers and Merchants Trust Company
150 Lincoln Way East, P.O. Box 6010
Chambersburg, P A 17201
717-261-3641
717-261-3646
Lorie M. Heckman
Phone Number:
Fax Number:
Contact Person:
EFFECTS OF SHERIFF'S SALE-You should realize that a Sheriffs' Sale would end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs' Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-- Y ou may not sell or transfer your home to a buyer or
transferee that will assume the mortgage debt.
YOU MAY HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,
YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS,
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
PAYMENTS DUE FOR THE MONTHS OF:
.
.'
.
DATE
NAME{s)
PROPERTY
ADRESS:
PRINCIPAL
INTEREST
LEGAL FEE
UC
ESCROW
INS.
TOTAL
ACT 91 NOTICE
WORKSHEET
ACCOUNT # Q OPN MLN
...3/5 (CY)dXq' LI7
MAILING ADRESS IF DIFFERENT
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CHECK LIST
WATCH LIST
ANAL YSIS
CREDIT RPT
PROPERTY RPT.
PROP INSPECT.
NOTE EXP DT
c.J. \ ~
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~bl.lt3
/
DATE OF LAST PAYMENT
FOR PAYMENT
.
ACT NOTICE FEE COLLECTED
DATE:
AMT:
II
R-etail Loans Display Third Page 1 of 1
.
. Retail Loans Display Third RLDThird 0022 10/10/2006 141 . Page 3 of31
Acct type U!-N ~.~J Acct nbr @150028447__1 OPEN ACCOUNT Rate 6.7500%
Dates Balances Payment Information
Original date 10/23/04 Original 79000.00 Frequency M2001 Made 20
Last renewal 10/23/04 Principal 71385.24 Schedule Nbr eye Amount
Next renewal 10/20/16 Escrow 0.00 -> 1 144 1 801.63 *
Current late charge DO/DO/DO Unapplied 0.00 2 0 1 0.00
Last cure DO/DO/DO Pending 0.00 3 0 1 0.00
Payoff to 10/10/06 Payoff 73036.84 4 0 1 0.00
Last financial tran 06/16/06 Perday 13.20138 5 0 1 0.00
Last maint 10/26/04 Accrued Not Paid 6 0 1 0.00
Last coupon DO/DO/DO Interest 1531.36 Due Amounts Esc pmt 0.00
Paid to date 07/20/06 Insurance 0.00 Int 0.00 Ins pmt 0.00
Codes Ins 0.00 Tot pmt 801.63
Signers Branch 315 Esc 0.00
1 Swartz Leef 9288996 Ledger 318 Fee 0.00 Curr due 2525.13
2 Swartz Phym 8347017 Officer TEG Chg 120.24 Partial 0.00
3 Lockout 0 Miscellaneous Information
4 Warning 0 Delq 2 2 3 1 Loan type Sim
5 Dealer 00000 Recourse 10 Subtype 0
Dealer sub 000 Col mod HOME EQUI Plan 130
User warnings 00 00 00 Collateral 81386 Term 144 Cpn book flag 9
RLDHistory RLDPayoff RLppayment
L______.__________~ II UPDATE COMPLETED OK
http://phlms005.fiserv.com/ default.sph / merlin.c1ass
10/1 0/2006
Ret?.il Loans Display History
.
.. Retail Loans Display History RLDHistory 0022 10/10/2006 141
Acct type ~~~J Acct nbr ~150028~~1 Date ~1012~06 J Sequence nbr l~ j Nbr of months 6 Months
ReturnToCollections
Page 1 of 1
Detail
Loan type
Delq rpt
Ledger
1
9
318
Entry Date
! 05/05/2006
106/05/2006
106/16/2006
,
106/16/2006
Seq
1
1
1
2
,
i
!
I 06/20/2006
i 06/22/2006
i
!
! 08/04/2006
109/05/2006
110/05/2006
I
RLDMain1 RLDPayoff
Subtype
Lockout
Branch
Plan nbr
Warning
Officer
130
o
TEG
Short name
Paid to date
Dealer
o
o
315
Amount Description
0.00 LC-ASMT 05/05/2006
0.00 LC-ASMT 06/04/2006
3406.92 REG-PMT 06/16/2006
801.63 REG-PMT 06/16/2006
DIN=05-004-01265
801.63 REG-PMT
-801.63 REVERSAL
PAID TWICE IN ERRO
0.00 LC-ASMT
0.00 LC-ASMT
0.00 LC-ASMT
06/20/2006
06/20/2006
08/04/2006
09/04/2006
10/05/2006
SWARTZ LEEF
7120/2006
Status
Renew date
Dealer sub
Open aect
1012012016
o
o
Eff Date Bat After
73779.99
73779.99
72186.87
71385.24
Paid to Date
02/20/2006
02/20/2006
06/20/2006
07/20/2006
70636.42
71385.24
08/20/2006
07/20/2006
71385.24
71385.24
71385.24
07/20/2006
07/20/2006
07/20/2006
Counselor
o
Trace Nbr
900000000
900000000
201451556
100401265
300100102
203201418
900000000
900000000
900000000
L
RLPPayment RLPAutoRev RLPCIBProcess RLPSingleltem
___II
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http://phlms005.fiserv.com/ default.sph/ merlin.c1ass
10/1 0/2006
Ret?il Loans Display Payoff
.
". ~etail loans Display Payoff RLDPayoff 0022 10/10/2006 141
Acct type LILN: Acct nbr 1~_1.:i.0028447 ..._J Effective date l!~/10/~J Override @J
Display type [.pO I
Page 1 of 1
Short Name
SWARTZ LEEF
Loan Type
SIM
-Customer Payoff--
--Participant Payoff-
Principal
Interest
Insurance
Fees
Charges
Escrow
Unapplied
Pending
Extension refund
71385.24
1531.36
0.00
0.00
120.24
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Payoff Amount
Escrow Balance
Perday
Interest
Dealer
73036.84
0.00
13.20138
13.20138
0.00000
Good Until
Ins
ClF
CL2
A-H
IUI
0.00
10/10106
0.00000
0.00000
0.00000
0.00000
RlPPayment RLCAmount RlDThird RLDHistory RlDSegments RLCCollateral RLDMain1
L.. ...~ UPOATECOMPLETEOOK
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10/1 0/2006
..
.,
VERIFICATION
I, Lorie M. Heckman, Assistant Vice President, on behalf of Farmers and Merchants
Trust Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A.,
sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing
Complaint in Mortgage Foreclosure are true and correct to the best of my information,
knowledge and belief.
orie M. Heckman, Assistant Vice President
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