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HomeMy WebLinkAbout99-00200 t} y'() (//$ ,. . ). \ Z, '8~l JIIN 8 flf111 :lG MORTGAGE :,,'P::iii 11 :1!-Cl.EH '\1. II: p or DELDS ',0,' 'iI .'.Ill I ::OUrnY-I'I, " ,. ',ll' Ii' MADE this nJL '98 rm~ ~ PI~ 1 05 day of February 1998, BETWEEN THOMAS L. BIEMESDER.'ER a/kla THOMAS BRUNO, of Carlisle, Cumberland County, Pennsylvania, \ AND LEON C. MORRISON and JEANNETTE MORRISON, hu.band and wife, of Carll.le, Cumberland County, Pennsylvania (hereinafter, whether one or more, called "MORTGAGOR") (hereinafter, whether one 01' more, called "MORTGAGEE") Wherea., Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note (hereinafter called the "Note") of even dated herewith, payable to the order of Mortgagee in the principal sum of ONE HUNDRED SIXTY.FIVE THOUSAND ($165,000.00) Dollars, lawful money of the United States of Americ~, and has provided therein for payment of any additional moneys loaned 01' advanced thereunder by M0I1gagee, together with interest thereon at the rate provided in the Note, in the manner and at the times therein set forth, and containing certain other terms and conditions, all ol'which are specifically incorporated herein by reference: Now, Thererorr, Mortgagor, in consideration of !>aid debt or principal sum and as security for the payment of the same and interest as aforesaid, together with all other sums payable hereunder or under the terms of the Note, does grant and convey unto Mortgagl'.e, his heirs and assigns: ' See legal description set forth on Schedule "A" attached hereto and incorporated herein by reference; Togethet with the buildings and improvements erected thereon, the appurtenances thereunto belonging and the reversions, remainders, rents, issues and profits thereof. To HllVe and To Hold the same unto Mortgagee, his heirs and assigns, forever, Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal sum, including additional loans or advances and all other slims payable by Mortgagor to Mortgagee hereunder and under the terms of the Note, together with interest thereon and shall keep and perform each of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby granted and conveyed shall become void, 8oud436 rAGE ." l'hls Mortgagc is eKecuted and delivered sllbjectto the following covenants, conditions and agreements: (I) The note secured hereby shall evidence and the Mortgage shall cover and be security for any l'uture loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans and advances shall be added to the principal debt. (2) From time to time until said debt and interest are fully paid, Mortgagor shall' (a) pay and discharge when and as tbe same shall become due and payable, all taKes, assessments, sewer and water rents, and all othtlr chal'ges and claims assessed or levied from time to time by any lawful allthority upon any part of the mortgaged premises and which shall or might have priority in lien or payment to tbe debt secured hereby, (b) pay all ground rents reserved from the mor1gaged premises and pay and discharge all mechanics' liens which may be filed against said premises and which shall or might have pliority in lien or payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other taK, including interest and penalties thereon, if any, now or hereafter becoming payable on the Note evidencing the debt securlld hereby, (d) provide, renew and keep alive by paying the necessary premiums and charges thereon such policies of hazard and liability insurance as Mortgagee may from time to time require upon thc buildings and impmvements now or hereafter erected upon the mortgaged premises, whh loss payable clauses in favor of Mortgagor and Mortgagee as their respective interest may appeal', and ( e) promptly submit to Mortgagee evidence of the due and punctllal payment of all the foregoing charges: provided, however, that Mortgagee may at his option require that sums sufficient to discharge the foregoing cbarges be paid in installments to Mortgagee (3) Mortgagor shall maintain nil buildings and improvements subject to this Mortgagc in goo!,1 and substantial repair, as determined by Mortgagee Mortgagee shall hllve the right to enter upon the mortgllged premises at any reasonable hour for the purpose of inspecting the order, condition and repair of the buildings Improvements erected thereon, (4) In the .:vent Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add the cost thereof to the principal debt secured hereby, and collect the same as a part of said principal debt. (5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with, the lien of this Mortgage (6) In case default be made for the space of thirty (30) days in the payments 01' any installment of principal or interest pursuant to the terms of the Note, or in the performance by Mortgagor of any of the other obligations of the Note or this Mortgage, the entire unpaid balance 8ood436;AOi,5 ' of said principle sum, addltionalloan~ or advances and all other sums paid by M0I1gagee pursuant to the terms of the Note or this Mortgage, together with unpaid interest thereon, shall at the option of Mortgagee and without notice become immediately due and payable, and foreclosure proceedings may he brought l'orthwith on this Mortgage and prosecuted to Judgment, eKecution and sale for the collection of the SlIme, together with cost of suit and an attorney's commission for collection of five per cent (5%) oftbe tOlal indebtedness 01'$200, whichever is the larger amount. Mortgagor hereby fl.;'ever waives and releases all errors in said proceedings, waives stay of eKecution, the right of inqulsltilJn and eKtenslon of time of payment, agrees to condemnation of any property levied upon by virtue of any such execution, and waives all exemption, from levy and sale of any property that now is (If h'reafter may exempted by law, The covenants, conditions and agreements contained in this Mortgage shall bind, and the benefits thereol'shall inure to, the respeetive parties hereto and their respective heirs, executors, administrators, and assigns, and if this Mortgage is eKecuted by more than one person, the undertakings and liability of each shall be joint and several. WITNESS the due eKllcution hereof the day and year first above written, Wltnesl: I' ~ /' 4 (~-1 (SEAL) THOMAS L. ~E ERFER '" /t1 ~~__(SEAL) a/k/a THOMAS BRUNO . <-________(SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMB;(LAND : On this the 17 day of February, 1998, before me, the undersigned officer, personally appeared, Thomas [" Biemesrlerfer a/k/a Thomas Bruno known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged thll foregoing mortgage to bll his act and deed and decried the same to be recorded as such. :11. WITNESS my hand and official seal the day and year first ab ve written, ,BOOk 1436 tAct 6 Nola.lal &801 Ovnlhla L D8". NOmbe',ary =.0001\' .eouII!UIddIetonlwP"Cu , "^^" My Oommlaalon ExplfM Aug. 14, cuuv "),.\~,;",, . - "...14 _" g~~..t";i.. .' "~"'" "-,',, ....,~ 'J'" ""', . I,' ',. , . t '. ' ',' - j' o. . ~ :~, . ,',...!' - . ,.'/ - ~ -, .....'/ f . ,~,~ "....li '.. h,~'III~;'i''Il'J 'U,",'''', "~, .~ ,,'i' 'j- ".;' 't.,\ l'~~';'r:-"j(t .' " ~\"'... '~'(F '" . ", .:""fl .. ,. J,! (.a..",,~ ,~": I Jr""" "1"...,." I.':)~\l ,'" it," ';'f~',."lt" "J " . ~fi'~r.,\~ .,' \.'"./, 1",-~,r:f."\-., #1" \-l',4,1.1, \.: ,1'- " "I';'!~"jiiIH'il ' MORTGAGE NOTE $~165.000.00 Dated: February 15, 1998 For Value Received, I, THOMAS L. BIEMESDERFER aIkIa THOMAS BRUNO, of Carlisle, Cumberland County, Pennsylvania; , (hereinafter called "the Undersigned") Promise to pay to the order of LEON C. MORRISON and JEANNETTE MORRISON, husband and wife, of Carlisle, Cumberland County, Pennsylvania, their heirs or assigns, in lawful money of the United States of America, the sum of ONE ffiJNDRED SIXTY.FIVE THOUSAND DOLLARS ($165,000,00) and any additional moneysloancd or advanced by any holder hereof as hereinafter provided, as follows: Monthly payment 01'$1210,71 being due on the 15th day of every montb bereafter. 8 % interest amortized over 30 years with a balloon payment in 5 years being due in full on February 15, 2003. and any balance of principal or interest along with any other costs due and owiog on account of the obligation to Seller by Buyer, remaining unpaid on February 15, 2003 shall become due and payable on said date; and in addition thereto, in the event any payment provided for herein shall become overdue, the Undersigned agrees to pay a late cbarge in an amount not exceeding five per cent (5 %) of any such overdue payment as compensation for the additional service resulting from the default; all payments to be made at 251 Clemson Drive, Carlisle, Pa" 17013, or elsewhere as shall be directed by any holder hereof. This Note shall evidence and the Mortgage given to secure its payments shall cover and be security for any future 10anE or advances that may be made to or on behalf of the Undersigned by any holder hereof at any time or times hereafter and intended by the Undersigned and the then holder to be so evidenced and secured, as well as any sums paid by any holder hereof pursuant to the terms of said Mortgage, and any sueh loans, advances or payments shall be added t(l and shall bear interest at the same rate as the principal debt. In case default be made tor the space of thirty (30) days in the payment ofany installment of principal or interest, or in the performance by the Undersigned of any of the other obligations of this Note or said Mortgage, the entire unpaid balance of the principal debt, additional loans or advances and all other sums paid by any holder hereof to or on behalf of the Undersigned pursuant to the terms of this Note or said Mortgage, together with unpaid interest thereon, shall at the option of the holder and without notice become immediately due and payable, and ono or more eKecutions may forthwith issue on any judgment or judgments obtained by virtue hereof; and no failure on the part of any holder hereof to eKeroise any of the rights hereunder shall be deemed a waiver of any such rights or of any default hereunder, The Undersigned hereby empowers any attorney of any court of record within the United States of America or elsewhere to appear for the Undersigned and, with or without complaint filed, confess judgment, or a series of judgments, against the Undersigned in favor of any holder hereof, 118 of any term, for the unpaid balance of the principal debt, additional loans or advances and all other sums paid by the holder hereof to or on behalf of the Undersigned pursuant to the terms of tltis Note or said Mortgage, together with unpaid Intertst thereon, costs of suit and an attorney's commission for collection of 5 per cent (%) of the total indebtedness or $20000, whichever is the larger amount, on which judgment or judgments one or more eKecutions may issue forthwith upon failure to comply with any of the terms and conditions of this Note or said Mortgage The Undersigned hereby forever waives and releases all errors in said proceedings, wllives stay of eKecution, the right of inquisition and eKtensionoftime of payment, agrees to condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from levy and sale of' any property that now is or hereafter may be eKempted by law. This obligation shall bind the Undersigned and the Undersigned's heirs, executors, administrators and assigns, and the benefits hereof shall inure to the payee hereof and its Successors and assigns, If this Note is executed by more than one person, the undertakings and liability of each shall be ,joint and several. This note is secured by a Mortgage of even date herewith upon real estate described therein. 152 W. LOUTHER STREET CARLISLE, PA 17013 DEED BOOK 1'1 "\ PAGE 'It; In the event the Undersigned defaults under a certain mortgage and mortgage note in the principal amount 01'$165,000,00 recorded at BookJ'I36, page 'f in the Recorder of Deeds for Cumberland County ("primary mortgage") and, further provided that after holder has eKhausted the collateral securing said primary mortgage if any deficiency exists as defined by the Deficiency Judgment Act, Pa C,S,A, 8103, then holder may proceed to recover any deficiency so established through this mortgp.ge note and mortgage recorded at Book /'Ix, page I in the Recorder of Deeds for Cumberland County in accordance with the terms hereof It being understood by the parties hereto that this mortgage note and mortgage are and shall be considered secondary to the primary mortgage and mortgage note being given as additional security for the payment of the primary mortgage and mortgage note, / j331 Tax Parcel II 0$ ,2./ - 6320- O'i7 THIS DEED MADE this /7~ay of February, 1996, BETWEEN THOMAS F. ALEXANDER, JR., a widower, of Carlisle, Cumberland County, Pennsylvania, and LEON C, MORRISON and JEANNETTE MORRISON, husband and wife, of Carlisle, Cumberland County, Pennsylvania and MARGUERITE B, WOLFF, a single person, of Carlisle, Cumberland County, Pennsylvania, "GRANTORS", AND THOMAS L BIEMESDERFER alk/a THOMAS BRUNO, a single man, of Carlisle, Cumberland COllnty, Pennsylvania, "GRANTEES", WITNESSETH, that In consideration of the sum of One Hundred Sixty.five Thousand ($165,000,00) Dollars, in ,hand paid, the receipt whereof is hereby acknowledged, the said GRANTORS do hereby grant and convey in foe simple to said GRANTEES, their heirs, aSSigns and successors; ALL that certain lot of ground with the improvements thereon erected located on the South side of West Louther Street in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, Imown and numbered as 152 W. Louther Street, more particularly bounded and described as follows; BOUNDED on the North by West Louther Street, on the East by property now or formerly of the Estate of H, A Lackey; on the West by property now or formerly or Mrs, Sara G, Plank; on the South by Dickinson Avenue; having a frontage on said West Louther Street of 30 feet and extending in depth at even width 240 feet to Dickinson Avenue; and having thereon erected a two and one.half story brick office and apartment building, BEING the same property which Robert W. Long, by deed dated May 26, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book I, Volume "30" ,Page 557, granted and conveyed unto Thomas F, Alexander, Jr., and Barbara A Alexander, grantors herein, DOOK 173 Mill 95 I~- BARBARA A. ALEXANDER, died o~d; 1#.., 1-991, thereby vesting the entire fee ownership in her surviving spouse, THOM~ FVALEXANDER JR This deed is given pursuant to terms of and in satisfaotion of Installment Sales Agreement dated December 3 I, 1987 and recorded in Cumberland County Misc, Book 344 at !lage 867, M/lrguerile B. W olfr is included herein to convey any Interest she may have acquired in the subject property by virtue of an Installment Sales Agreement dated July 3 I, 19991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 384 Page 412. AND the said GRANTORS heroby warrants specially the property herein convoyed, IN WITNESS WHEREOF, the said GRANTORS does hereby set his hand and seal the day and year first above written, Witness: ., f) l-:I ", f:~1 (,~:l \"";. t::~' Uj'j t "J .:;. J' .r'''~ Cj;,,;. ~ r'I I"', ';"f IJ' IJ' ~~ ~:'.J =:S' a! t;'; [:!" ~'_'., ~~ h~. !,.;~. ... ~ ~-i .... ~~~U~ I U..::!U3 I I fii r-."',Jr-o:!.,:>I"f;1;:r.:IE. i"O '" ~~." '-1'" '" -.l', "" '" 0';1> -l ,-. ....' ('..J (..- 0 (,::;1 .~J:." ~~I ;ji !;! ~!V~':l 0.. en c.:::: .D : :".t ~ R1 !fli 1'13 PACt 96 ....."" ..... ~.~ ~.I- ';" ,_ l'.'~ l"~ '~" ..:~) r.t.;> t.'" -~:" '.) 'it J',l ~ Li1 L~ ~".~} r~ . . . M . . . .. M . ~~ ~JJg ~ ~~ is g ~!.~ ~ --- L.L: 1M~Ok~ Leon C~on -~orri,,,-- ..--J -' Z ) ~( ../. . . ,.~.- ~{';.?'";h~~:';'" ~e~~~;;:'ir~- - : ~'l ili ~ n ;~. J:,~ ,. ~~ ~ . .- to ::8 ~ ... OJ .":, 0') '" '. c- , ';J ::3 ~ ~,S H ... ::~~ .., = ". ;", '" ::5: ~~ ~? ..... ,ir.: ~j .. ,. '.", '0 ::J !~ ,--. " tel L'41 H. ,~ ;;~ td .. It (J, ;:. ". . i1i .. '" " ,.t ;;r;1 C; (,', ;..j '" (:.-, t.;~;, ~-" ';'1 ." ,-. -0 (') " I,'{I ~it ...t. ~ ~, ::3 0 r, ~1 (,~ H. lit c:: t~-, ,.. =i t,-' "':.I '" ~ ... ...... . "'1 ,-- ,8 !l, -, P' :f' 0 .~', t.:.:.J ~:} f , (f) H CJ1 (..... ,. .. tit .'-~ ~,~ 'T" ,- , ' 11,9 I 1$-III,t 1,9r. ~} I}. eoy ~ 'itlrt9c/el"f/J Qb~/1}. - '1A111 'itl II}. ~~ 9 8IslJr&o/" , <X& ~ r&S/Ol 9"0& Q ~"(1 - 00 .',' ,'It . ,,"-,.', . ,.;...,~t ~;i;w. "R:.;~, r,-1kr<~"'-"'- "".~ .1"", ,~'" ~:'._ /, ,.l,1.';,If.;~"';" .......,.., : Wf.!,....,. . , ",,,,:1.; ~ 'IOo-/rI~ ' ,"'l';' ,........'- . ,,-- 't' ,-.....~. ~",-' .," .. .. .. """ ,,.,, . I, ...;L", ""V ,.~;.. ,"" ."' ".~ ,.",,;P. /'/IIIIi'A. ;' ~7,&"l.' . ,'>': ,~t . ' ,'"..... , ,......~,' ."...., "',., "f>' ,."'~:" . "Ii';'" . .. />:. ' .. ...",~ ... . ,,1;.J;;r..i-,> ,', : rJ'r<-J~ , ,">L._ - '...' #".~.";.. .. . "i.:...". '~ ~' ;,-001,. ">41 11IIII........ ~.- ~ CO~ COli. :tf04t~ ~)o,. ~ 'ra 'I. '/'1-1 1~&r801}, 0" 'I:' ClI~ O~ A ~Il IJ& iIi/~ II,/s ~~ ~4t-t. &I)Oit~O" :flJ&;;,e /? :~~4'C \t~ V,q (1e&(10s& 19(1 ~ ~ "'tq ~ 10 6 ,,~"" ilir.9. ~y 11"~ 91}. 9/ It&Il' 0, f:.: : ~88 91' ~; s,,;:& e. Cibri,l, " '~.. f1}y I}. ~"(1 Orlb~ VVo/;ry, , 'it"(1 (1&&(1 '(t /0 " .f"o 9ge ~"(1 ~"(1 ~& 1$-1};' b&~ O~' (1& ls?tl}. 0 f1}, 01'& %/8. 801'/0 ~ It" (;0 (0 f1}9 &~/ /1}. 9(111}. 8/1'",; s';" /1,9 9 Ol 9 s. 9"t I.,~ lI"o: iliy ill}. ilif1}e t. ~"(1%rl!:r8'tl. (1 y, 0 b& ~O.fl}. ,01'0 ~19(1 r9Coll Olf,/:&") 0-1'lee lYe(1 0'1)& 106 'f; 418 (1/1}. 9 Sll"1 9 ;'\.. " !.)Pfff O"e 1$-1'11. 1'9'1. ~ ......, '0, ~~ ....... ~ ~e'y " OrQ ~.11. 1e.. . '" ............... .............. .' .. '-i'l. ~ .", .oj,' I)~ "'- >1.. " -',"l", 'I,. '/"". , ,0'. .1))' . Ii} /Irj/ . I r,..... " t}y'()' tOo .. ,. ).\ Z, ~ , : ~ :< P f. ~\i P ~t I r G l. E H : ,"('Uii' or DEEDS 1,1:":(l Mal GOUNn. f'A , : I ,I, : i: ~ ," II :) (.: II I it j :: i, \ MADE this '99 JnN 8 flrlll 36 MORTGAGE niL '96 rm~ ~ Prl 1 05 day of February 1998, BE1WEEN THOMAS L. BlEMESDERFER alk/a TBOMAS BRUNO, of Carlisle, Cumberland County, Pennsylvania, '\ AND LEON C. MORRISON and JEANNETTE MORRISON, hUlband and wife, or Carlille, Cumberland County, Pennsylvania (hereinafter, whether one or more, called "MORTGAGOR") (hereinafter, whether one or more, called "MORTGAGEE") Wbereal, Mortgagor hIlS executed and delivered to Mortgagee a certain Mortgage Note (hereinafter called the "Note") of even dated herewith, payable to the order of Mortgagee In the principal sum of ONE HUNDRED SIXTY.FIVE THOUSAND ($165,000,00) Dollars, lawful money of the United States of America, and has providt4 therein for payment of any additional moneys loaned or advanced thereunder by Mortgagee, together with interest thereon at the rate . provided in the Note, in the manner and at the times therein set forth, and containing certain other terms and conditions, all of which are specifically incorporated herein by reference: Now, Thererore, Mortgagor, in consideration of said debt or principal sum and as security for the payment of the same and interest as aforesaid, together wit~ all other sums payable hereunder or under the terms of the Note, does grant and convey unto Mortgagee, his heirs and assigns: ' See legal description set l'orth on Schedule "A. attached hereto and incorporated herein by reference; TOlether with the buildings and improvements erected thercon, the appurtenances thereunto belonging and the reversions, remainders, rents, issues and profits thereof. To Have and To Hold the same unto Mortgagee, his heirs and assigns, forever, Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal sum, including additional loans or advances and all other sums payable by Mortgagor to Mortgagee hereunder and under the terms of the Note. together with interest thereon and shall keep and perform each of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby granted and conveyed shall become void. 8oud436 PAGE . ~ Thl. Mort.ale is eKllCIIted and delivered subject to the following covenants, conditions and agreements: ( I) Thc note secured hcrcby shall evidcnce and the Mortgage shall cover and be security for any future loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter and intellded by Mortgagor and Mortgagee to btl so evidenced and secured, lInd such 10anN and advances shall be added 10 thc principal debt. (2) From time to time until said debt and interest are fully pald, Mortgagor shall: (a) pay and discharge when and as the same shall become due and payable, all taKcs, assessments, sewer and water rents, and all other charges and claims asscssed or levied from time to timc by any lawful authority upon any part of the mortgaged premises and which shall or might have priority in lien or payment to the debt secured hereby, (b) pay all ground rents rcserved from the mortgaged llremises and pay and discharge all mechanics' Iicns which may be filed against said premises and which shall or might have priority in lien or payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax, including interest and penalties thereon, if any, now or hereafter becoming payable on the Note evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the necessary premiums and charges thereon such policies of hazard and liability insurance as Mortgagee may from timc to time require upon the buildings and improvements now or hereafter erected upon the mortgaged premises, with loss payable clauoes in favor of Mortgagor and Mortgagee as their respectivc interest may appear, and (e) promptly submit to Mortgagee evidence of the duc and punctual payment ofallthe foregoing charges: provided, howevcr, that Mortgagee may at his option require that sums sufficient to dischargc thc foregoing charges be paid in installments to Mortgagee, (3) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in good and substantial repair, as determined by Mortgagee, Mortgagee shall have the right \0 enter upon the mortgaged premises at any reasonable hour for the purpose oflnspecting the order, condition and repair of the buildings improvements erected thereon, (4) In the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails to maintain the buildings and improvemcnts as aforesaid, Mortgagee may do so, add the cost thereof to thc principal debt secured hereby, and collect the same aD a part of said principal debt. (5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the mortgaged premioos, any debt, lien 01' charge which would be prior to, or on a parity with. the lien ofthis Mortgage. (6) In ease default be made for the space of thirty (30) days in the payments or any installment of principal or interest pursuant to the terms of the Note, or In the performance by Mortgagor ofany of the other obligations of the Note or this Morlgage, the cntire unpaid balance 8ood436;AGi .': 5 more eKecutions may forthwith issue on any judgment or judgments obtained by virtue hereof; and no failure on the part of any holder hereof to eKercise any of the rights hereunder shall be deemed a waiver of any such rights or of any default hereunder, The Undersigned he~(lby empowers any attorney of any court of record within the United States of America or elsewhere to appear for the Undersigned and, with or without complaint flied, confess judgment, or a series of judgments, against the Undersigned in favor of any holder hereof, as of any term, for the unpaid balance of the principal debt, additional loans or advances and all other sums paid by the holder hereof to or on behalf of the Undersigned pursuant to the terms of this Note or said Mortgage, together with unpaid interest thereon. costs of suit and an attorney's commission for collection of 5 per cent (%) of the total indebtedness or $200,00, whicbever is the larger amount, on which judgment or judgments one or more eKecutions may issue forthwith upon failure to comply with any of the terms and conditions of this Note or said Mortgage. The Undersigned hereby forever waives and releases all errors in said proceedings, waives stay of eKecution, the right of inquisition and extension of time of payment, agrees to condemnation of ally property levied upon by virtue of any such eKecution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. This obligation shall bind the Undersigned and the Undersigned's heirs, eKecutors, administrators and assigns, and the benefits hereof shall inure to the payee hereof and its succeasors and assigns. If this Note is eKecuted by more than one person, the undertakings and liability of each shall be joint and several, This note is secured by a Mortgage of even date herewith upon real estate described therein. 152 W. LOUTHER STREET CARLISLE, PA 17013 DEED BOOK 1'/ 'j PAGE 'h In the event the Undersigned defaults under a eertain mortgage and mortgage note in the principal amollnt of$165,OOO,00 recorded at Book,.//(, pagel 'I in the Recorder of Decds for Cumberland County ("primary mortgage") and, further provided that after holder has eKhausted the collateral securing said primary mortgage if any deficiency CKists as defined by the Defieiency Judgment Act, Pa C,SA 8103, then holder may proceed to recover any deficiency so established through this mortgage note and mortgage recorded at Book N f,'. page I in the Recorder of Deeds for Cumberland County in aecordance with the terms hereof It being understood by the parties herelto that this mortgage note and mortgage are and shall be considered secondary to the primary mortgage and mortgage note being given as additional security for the payment of the primary mortgage and mortgllge note, W/1'NESS th e dUe exec ~ lit 011 hereof the d. h. Ry Rlld YORr 0, "'-"'" . ..... "'"'" ---. rhOI11RS 8 --____- __ 111110 ----"-('Y~"'t) " / ~ .531 Tal Parcel II 05.2/ - 6320- ory THIS DEED MADE this /7Juay of February, 1998, BETWEEN THOMAS F. ALEXANDER. JR., a widower, ()f Carlisle, Cumberland County, Pennsylvania, and LEON C. MORRISON and JEANNETTE MORRISON, husband and wlfll, of Carlisle, Cumberland County, Pennsylvania and MARGUERITE B, WOLFF, a single person, of Carlisle, Cumberland County, Pennsylvania, "GRANTORS", AND THOMAS L. BIEMESDERFER alkJa THOMAS BRUNO, a single man, of Carlisle, Cumberland County, Pennsylvaniac "GRANTEES" , WITNESSETH, that in consideration of the sum of One Hundred Sixty-five Thousand ($165,000,00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTORS do hereby grant and convey in fee .simple to said GRANTEES, their heirs, assigns and successors; ALL that certain lot of ground with the improvements thereon erected located on the South side of West Louther Street in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, known and numbered as 152 W. Louther Street, more particularly bounded and described as follows; BOUNDED on the North by West Louthar Street, on the East by property now or formerly of the Estate of H, A. Lackey; on the West by property now or formerly of Mrs. Sara G, Plank; on the South by Dickinson Avenue; having a frontage on said West Louther Street of 30 feet and extending in depth at even width 240 feet to Dickinson Avenue; and having thereon erected a two and one-half story brick office and apartment building, BEING the same property which Robert W. Long, by deed dated May 26, 1983 and recorded in the Office of the Recorder of Deeds in end for Cumberland County in Deed Book I, Volume "30" ,Page 557, granted and conveyed unto Thomas F, Alexander, Jr., and Barbara A. Alexander, grantors herein. DOOM 173 _ 95