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Pennsylvania, to include Cumberland County, where it does have multiple places of
business located therein.
3, The Defendants, Kartic C, Dass and Chhanda Dass, are both adult
individuals whose last known address is 902 Valley Street, Enola, East Pennsboro
Township, Cumberland County, Pennsylvania 17025-1541,
4. On or about October 10,1975, in consideration of a loan given by Central
Pennsylvania Savings Association to Defendants Kartic C, Dass and Chhanda Dass, said
Defendants did deliver and execute to Central Pennsylvania Savings Association, now
Great Valley Savings Sank, a certain Note and accompanying mortgage, whereupon the
Defendants did promise to pay the sum of $38,200,00 to Central Pennsylvania Savings
Association with interest at the rate of 8.25% per annum, A true and correct copy of said
Note is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto,
5. As above stated, said Defendants did also execute and deliver to Central
Pennsylvania Savings Association as security for the full and timely payment of said Note
a mortgage on certain improved real estate located at East Pennsboro Township,
Cumberland County, Pennsylvania, known and numbered as 902 Valley Street, Enola,
East Pennsboro Township, Cumberland County, Pennsylvania. A true and correct copy
of said mortgage is also attached hereto, marked Exhibit "S" and made a part hereof by
reference thereto, Said mortgage was thereafter recorded on or about October 16, 1975,
in and for the Office of Recorder of Deeds of Cumberland County in Mortgage Book 596,
Page 61,
4
6, The obligation, as memorialized by said Note, did provide that said
Defendants would commence making payments on November 1, 1975, and continue
thereafter each consecutive month until the full amount of the obligation, to include
principal and accrued interest, was fully paid, which would, if not sooner paid, be due and
payable on the 1 st day of October, 2005, As further agreed, the amount of the monthly
payment to amortize said obligation over said period of thirty (30) years, the term of the
Note, would be Two Hundred Eighty-Seven ($287,00) Dollars per month,
7, Said Defendants did fail to make the monthly payment due July 1, 1998, and
did thereafter fail to timely make subsequent payments,
8. By virtue of said inactions by Defendants, the obligation initially became in
default on July 1, 1998, and remains in default.
9. The Defendants are presently in default on said obligation in the following
amounts: Principal, $19,228,24; Accrued Interest through January 7, 1999, $951.41;
negative escrow, -$869,22, life and accident and health insurance premiums, $175,28,
collection fees as authorized $9,00; late charges as authorized of $86,10, for a total of
$21,319.25, plus reasonable attorneys fees in the amount of $1,500.00, plus continuing
interest and collection costs, Furthermore, the interest is accruing on said obligation at a
per diem of $4,35 per day after January 7, 1999, along with continuing collection costs as
may be authorized by the loan instruments,
10, As provided in the Note, Exhibit "A", a reasonable attorney's fee of $1 ,500,00
is demanded.
5
NOTE
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.................................Jr.~E.I?:I:!.~Y........,............................, Pennsylvania
City
October 10
19..?~...,
........................................................................,
FOR VALUE RECEIVED, the undersigned promise to pay CENTRAL PENNSYLVANIA
SAVINGS ASSOCIATION , or order, the principal sum of
Thirty-Eight Thousand Two Hundred & 00/100 ($38,200.00) - _ Dollars,withinterest
on the unpaid principal balance from the date of this Note, until paid, at the rate of eight & one-fourth
percent per annum, The principal and interest shall be payable at the Shamokin Office of Central
Penna. Savings Association , or such other plac~ as the holder hereof may designate in writing, in
conseeutive monthly installments of Two Hundred Eighty-Seven &.00/100 '_ _ _ _ _
Dollars (US $ 287.00 ), on the 1st day of each month beginning
November 1st 1975 ,until the entire indebtedness evidenced hereby is f~lIy paid, except
that any remaining indebtedness, if not sooner paid, nhall be due and payable on the 1st
day of October, 2005.
If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by
a notice sent by certified mail to the undersigned at the address stated below, which date shall be not lens than
thirty days from the date such noitce is mailed, the entire principal amount outstanding hereunder lInd accrued
interest thereon shall at once become due and payable at the option of the holder hereof. Failure to exercise such
option shall not constitute a waiver of the right to exercise such 'option if the undersigned is in default hereunder,
In the event of any default in the payment of this Note and if suit is brought hereon, the holder hereof shall be en-
titled to collect in such proceeding all reasonable costs and expenses of suit, including, but not limited to, reasonable
attorney' 8 fees.
The undersigned shall pay to the holder hereof a late charge of four (4) percent of any monthly
installment not received by the holder hereof within fifteen (15) days after the installment is due,
The undersigned shall have the right to prepay the principal amount outstanding in whole or in part, provided
that the holder hereof may require that any partial prepayments shall be made on the date monthly installments
are due and shall be in the amount of that part of one or more installments which would be applicable to prin-
cipal, Any partial prepayment shall be applied against the principal amount outstanding and shall not extend or
postpone the due date of any subsequent monthly installments or change the amount of such installments, unless
the holder hereof shall otherwise agree in writing.
Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers
hereof. This Note shall be the joint and several obligation of all makers. sureties. guarantors and endorsers, and
shall be binding upon them and their heirs, personal representatives, successors and assigns.
The indebtedness evidenced by this Note is secured by a Mortgage, dated of even date herewith, and reference
is made thereto for rights as to acceleration of the indebtedness evidenced by this Note. '.
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902 V lley Street
Summerdale, (Cumberland Co.), Pa.
..........~~.......................................
Karti<.; Dass .
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............................................................................................
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Property Address
............................................................................................
T.Ftfl"PlC...iI7~'...'.O.,. OA.
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MORTGAGE
(SHORT FORM)
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THIS MORTGAGE i. made this 10th
the Mortgagor, KARTIC DASS & CHHANDA
Harrisburg, Pennsylvania,
(herein "Borrower"), and the MortRagee, CENTRAL PENNSYLVANIA SAVINGS ASSOCIATION, a corpora-
tion organized and existing under the laws of the Commonwenhh of Pennsylvania, whose addre.. is 100 W, Indepen.
dence Street, Shamokin, Penn..ylvania (herein "Lender"),
WHEREAS, Borrower is indebted to Lender in the principal sum of Thirty-Eight Thousand Two
HunJred & 00/100 ($38,200.00) Dollars. which indebtedness is evidenced by Borrower's note of even
date herewith (herein "Note"), providing for monthly installments of principal and interest. with the balance of
the indebtedness, if not sooner paid, due and payable on October 1 st, 2005.
day o(
DASS, his
October
wife, of 903
N. 2nd
, 19 75 ,between
Street,
TO SECURE to Lender (a) the repayment of the indebtedness evidenced by the Note, with interest thereon;
(b) the payment of all other sums, with interest thereon, advanced in accordance herewith to pro teet the security of
this Mortgage, (c) the performance of the covenants and agreements of Borrower herein contained; (d) the per-
formance of the covenants and agreements incorporated by referenee hereinto; and (e) the repayment of any future
advances. with interest thereon. made to Borrower by Lender pursuant to paragraph 21 hereof or incorporated by
reference herein to (herein "Future Advances"), Borrower does hereby mortgage, grant and convey to Lender the
following described property located in the County of Cumberland , Commonwealth
of Pennsylvania:
ALL that certain piece or parcel of land, situate in the Township of East
Pennsboro, County of Cumberland and State of Pennsylvania, more particularly
bounded and described as follows, to wit:
BEGINNING at a point in the Summerdale-Wertzville State Road, said point
being at a distance of sixty-two (62) feet measured in a westerly direction
from the westerly line of a proposed fifty (50) feet wide road; thence in
a southerly direction at right angles to said state road two hundred (200)
feet to a point; thence in a westerly direction along lands now or late of
John C. Roth, et ux, parallel with said state road one hundred (100) feet
to.a point; thence in a northerly direction along lands now or late of
John C. Roth, et ux, and at right angles to said state road two hundred
(200) feet to a point in said Summerdale-Wertzville State Road; thence
in an easterly direction along said state road one hundred (100) feet
to the point and place of BEGINNING.
HAVING thereon erected a single bi-level brick and aluminum dwelling with
integral double car garage, said premises being known and numbered as
902 Valley Street.
BEING the same premises which Albert Robert Straub and Barbara Lou Straub,
his wife, conveyed unto Kartic Dass and Chhanda Dass, his wife, Mortgagors
herein, by deed intended to be recorded simultaneously herewith. ALSO
being the same premises which Chas. Adler & Son, Inc., a Pennsylvania
Corporation, by its deed dated June 10, 1974, and which deed is recorded
in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book "Q", Volume 25, Page 809, granted and conveyed
unto Albert Robert Straub and Barbara Lou Straub, his wife.
61
BOOK 5 96 PAGE
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TOCETHER with .11 th" improvement. now or here.fter erected on the property, .nd all ea.ement. right. ap
purten.nce., rents, roy./tie., miner.l, oil .nd g.. riRht. .nd profits, W.ter, W.ter right., and w.ter .t~ek .nd Ii
fixture. now or hc.....e.her .t,tached to the property, all of which, includinK replncement. .nd addition. ther~to, .h:1I
b~ dec,:"ed to be .nd rema,n a pnrt of thc .property covercd by this Mortgagc: and all of the foreKoing, together
~,th ..,d p,roperty (or thc len.ehold e.tate on the event this MortRage i. on a lea.ehold) are herein relerred to a. the
Property ,
Borrower covenants that Borrower i. lawfully ,.ei.ed of the e.tate hereby conveyed .nd ha. the right to mortKage,
gr.nt and convey the Property, that the Property" unencumbered, and that Borrower will warrant and defend gen-
erally the title to the Property aRain.t all clnim. and demand., .ubject to any ea.ement. and re.triction. Ii.ted in a
.chedule of exception. to Coverage in any title in.urance policy in.uring Lender'. intere.t in the Property,
Borrower and Lender hereby expre..ly adopt and incorporate by reference into this Mortgage and hereby
agree to be bound by the Reneral provi.ion., covennnt., condition. and obliRation. recited in the Stipulation of Cen_
eral Mortgage Provi.ion. recorded by Lender in the oITice of the recorder of deed. of the county in which the Property
i. located and in which this Mortgage i. alTered lor record on the date, in the volume and at the page a. follows:
Deed Book
County Date of Record Volume Page
Cumberland
March 10, 1975
Mtg. 586
901
Such Gener.1 MortKage Provisions .hall be Uniform Coven.nt. I through I 7 and Non-Uniform Covenants 19, 20,
21 and 23 of this Mortgage, Borrower and Lender agree that all references to the Property, Borrower, Lender and
Note contained in the above described Stipulation 01 General Mortgage Provision. sh.1I be con.trued to me.n the
Property, Borrower, Lender .nd Note defined herein. Borrower .cknowledges receipt of . copy of the complete
text of the Cener.1 Mortgage Provi.ions hereby incorpor.ted by reference into this Mortgage,
ADDITIONAL NON.UNIFORM COVENANTS. Borrower and Lender further covenant and .gree .. follows:
16, Acceleration: Remedies, Except as provided in par. graph I 7 hereof, upon Borrower's bre.ch of any Cove_
n.nt or .greement of Borrower in this Mortgage, including the coven.nts to p.y when due .ny sums .ecured by this
Mortgage, Lender prior to .cceleration shall mail notice to Borrower .s provided in paragraph 14 hereof specifying:
( I) the bre.ch: (2) the .ction required to cure such breach: (3) a date, not Ie.. th.n thirty days from the date the
notice is mailed to Borrower, by which such breach mu.t be cured: and (4) that failure to cure .uch breach on or
before the date specified in the notice may result in .cceleration of the sums secured by this Mortg.ge and sale of.
the Property, If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may
decl.re .11 of the sums secured by this Mortgage to be immedi.tely due .nd payable without further demand and
may foreclose this Mortgage by judicial proceeding, Lender shall be entitled to collect in such proceeding .11 ex-
penses of foreclosure, including, but not limited to, reasonable attorney's fees and costs of documentary evidence,
.bstracts .nd title reports,
22, Release, Upon payment of all .ums secured by this Mortgage, this Mortgage shall become null .nd void
.nd Lender shall discharge this Mortgage, without charge to Borrower, Borrower shall pay all costs of recordation,
if any,
IN WITNESS WHEREOF, Borrower has executed this Mortgage,
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............................................................................................
902 Valley Street,
Summerdale, (Cumberland Co.), Penna.
............................................................................................
Property Address
Commonwealth of Pennsylvania, Cumberland County ss:
On this, the 10th day of Octohcr, . ,1975 ,before me, a
Notary PUblic, the undersigned oITicer. personally appeared Kartic Dass & Chhanda Dass,
his wife,
known to me (or satisfactorily proven) to be the persorS whose nameS are
subscribed to the within instrument and a~knowledged that they executed
the same for the purposes herein contained.
My Commission Expires:
IN WITNESS WHEREOF, I.hereunto set my hand and oITicial seal.
The residence and post office addrelUl of the above named Lender is:
kin, Penn.ylvania, 17872,
CERTIFICATION OF LENDER'S ADDRESS
100 We.t Independence Street, Shamo-
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WI tRED p, WllO<Rr, Notary.Publlc' . .', ",: ~
C m~'1I Cumberland Co., P",' " :':<. ,"
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Title of Officer~.> i;f"'d,'~ . ",
(Seal)
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GENER.A,L MCHTGAGE
HEREWITH:
UNIFOHM COVENANTS. Borrower and Lender Covenant and agree as follows:.
I, I'aymelll "'l'rlllclpat alld IlIlclesl, Dorrower shall promptly pay whcn dua Iho principal 01 and Inlercst on Ihe indebted_
ne.. evidenced "y the Nole, prepaymcnt and iate charges as provided In the Nole, and the prlnelpai 01 and inlerest on any ~'uture
Advnncl!s b:l,'CUl'l'U lJy this Mortgage.
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PROVISIONS INCORPORATED BY REFERENCE AI
NOT TO BE RECORDED
2, Fund. lur 'raxes and In.urallce. Subject to Lender's option under porographs 4 and 6 hereol, Dorrower shall pay to Lender
~n tho ~ay, mUlllhly installments 01 prlnelpai and in teres I ara payabie under Ihe Note, unlll the Nole Is paid in lull, 0 SUm (herein
Funds) eqUlIl,lu une-Iwelllh 01 the yearly loxes and a..essmenls which may atlaln prlorlly Over this Mortgage, and ground renls
01 n Ihe Properly, II uny, pius one-twellth 01 yeariy premium Inslaliments 101' hazard Insurance, plus one-Iwei/th 01 yeal'iy premium
nstallmcnt, IIII' IIlul.tgage Insurance, II any, all as reaSonably esllmaled initially and Irom time to time by Lcnder on Ihe basis 01
a..essmenls IlIld hills and reasonable estimates Ihercol, The Funds shall be hcld In an inslllullon Ihe dcposlts or aecounls 01 which
afe In,ul'ed III' gUUI'lIl\tced by 0 Fedcral or slale agency (inciudlng Lendcr II Lcndcr is such an inst!lullon), Lender shall appiy the
IF unds to puy suld tuxes, asscssmcnts, Insurance premiums and ClOund rcnts. Lender shall make no Charge lor so hOlding and apply-
ng Ihe Funds UI' Verllylng and compiling sold assessmcnts and bills, Borrower and Lender may agree In wrlllng at Ihe lime 01
cxecutlon 01 lhls Murtgage that Interest on the Funds shall bc paid to Borrowcr, and unless such agreement Is made, Lcndar shah
nol be [equn'ed tu puy Borrowcr any intcrest on Ihe Funds. Lender shall give 10 Borrower, without charge, an annuai aecounllng
01 the I "d'und, shuwlug credlls and debits 10 Ihe Funds and the purpose lor which each debit to the Funds was made. The Funds
arc p e ged a, nddlllonal security lor the SUms secured by Ihls Mortgage.
It the antounl 01 the Funds held by Lender, together with the lulure monthiy Installments 01 Funds payable prior 10 the due
dates 01 laxc" Usse'..ncnts, insuraaee premiums and ground rents, shall exceed the amounl required to pay saId taxes, assessments,
Insurance pl'elllllllllS und ground rents as they loll due, such cxeess shall be, at Borrower's opllon, either promptly repaid to Bor-
rower or CI'e<llle<l to lJorrowcr on monthly installments 01 Fun os, It the amount 01 Ihe Funds heid by Lender shall not be sutll-
elent to pay tuxe" U"essments, iasurance premiums and ground renls as Ihey lall due, Borrower shall pay to Lender any amount
necessary to IllUlle up the defiCiency within thirty days alter not,ce Irom Lender to Borrower requesllng paymenl thereo!,
Upon paYllll'nl in lull 01 all sums secured by Ihls Morlgage, Lender shall promplly relund 10 Borrower any Funds held by
Lender.
It undcl' '''"'ugraph 18 hereof the Properly is sold or Ihe Froperly is olherwlse ocqulred by Lender, Lender shall apply, no
la\er thon inlllledlule!y prior to the sole a! the Properly or its acquisition by Lender, any Funds heid by Lender at the time of ap-
phcatlon as a credit ngainst the sums secured by this Mortgage.
3, APPlleallon 01 Paymenls, Uniess appllcable law provides olherwlse, all paymenls received by Lender under the Note and
paragrophs I and 2 hereol shaU be appUed by Lender first in payment 01 amounls payabie to Lender by Borrower under para-
graph 2 hereof, Ihen 10 interesl payable on the Nole and on Fulure Advances, If any, and then 10 the principal 01 the Note and to
the principal ot lo'ULurc Advances, it any.
4. Charge,: Liens, Borrower shall pay aU taxes, assessmenls and other charges, fines and impositions attribulable to the
Property which may altaln a priority over this Mortgage, and ground renls, it any, at Lender's oplion In the manner providea
ulldel' pal'agl'Oph 2 herco! or by Borrower making paymenl, when due, directly to the payee thereol, Borrower shall promptly
!urnlsh 10 Lendc,' aU notices 01 amounls due under this paragraph, and in the event Borrower shaU make payment direetly,
Borrower shaU promptly furnish to Lender receipts evldencmg such payments, Borrower shall promptly diSCharge any lien which
has priority OVer this Mortgage: provided, that Borrower snaU nol be required to discharge any such lien so long as Borrower shaU
agree In writing 10 Ihe paymenl 01 the Obligation secured by such lien In a manner acceptable to Lender, or shall in good lalth
contesl such lien by, or defend cnlorcement a! such lien in, iegal proceedings which operate to prevent the enIorcement 01 the llen
or forfeiture ot the Property or any part thereof.
5. lIazard Insurance. Borrower shall keep the improvements now existing or hereaIter erected on the Properly insured against
ioss by fire, hazards included within the lerm "exlended covera,e", and such olher hazards as Lender may require and in such
amounls and for SUch periods as Lender may require: provIded, Ihat Lender shaU not require that the amount of such coverage
exceed that amount of coverage required to pay the Sums secured by this Mortgage.
The Insurallce carrIcr prOViding the Insurance shaU be chosen by Borrower subject to approval by Lender; provided, that
such approval shall not be unreasonably wlthheid, AU premiums on insurance policies shall be paid al Lender's oplion In the
manner provided lInder paragraph 2 hereol or by Borrower making payment, when due, directly to the insurance carrier,
Allmsu,'ancc pollcics and renewals thereol shall be In form acceplable 10 Lender and shall include a standard mortgage clause
in lavor 01 and In fO"m acceptable 10 Leader. Lender shaU have the rIght to hoid the policies and renewais thereo!, and Borrower
shaU promplly IUl'llish 10 Lender all rcnewal notices and all receipts a! paid premiums. In Ihe event 01 ioss, Borrower shaU give
prompt notice to Ihe Insurancc carrier and Lender, and Lender may make proal a! loss it nol made promplly by Borrower.
Uniess Lcndel' and Borrowcr otherwise agree In wrillng, insurance proceeds shaU be applied to restoration or repair a! the
Property damaged, provided such restoration or repair is economIcaUy Ieaslbie and the security a! this Mortgage is not thereby
impah'cd. It such I'Csloratlon 01' repaIr Is not eeonomlcaUy leaslble or it the security 01 this Mortgage wouid be impaIred, the
insurance procceds shall be applled to Ihe sum, .'ecured by Ihls Mortgage, with the excess, il any, paid to Borrowcr. It Ihe Properly
is abandoncd by Borrower or it Borrower falls; 0 respond to Lender within 30 days after no lice by Lender to Borrower thai the
Insurance carrier olYers 10 sellle a claim tor insurance benefits, Lender Is authorized 10 collect and appiy the Insurance proceeds At
Lender's option cithel' to restoration or repair of the Property or to the sums secured by this Mortgage.
Unless LOII<lc,' and Borrower otherwise agree in wriling. any such application 01 proceeds 10 prlnclpai shall nol exlend or
postpone the due dote 01 the monlhly inslallments re!erred 10 in paragraphs 1 and 2 hereol or change the amount 01 such mstaU-
mcnts.
It ~nder paragraph 18 hcreo! Ihe Properly is acquired by Lender, all right, title and Inlerest 01 Borro"(er in an? to any Insur-
ance pohcies and In and to the proceeds thereof (10 the extent of Ihe sums secured by IhlS Mortgage immedlOtely prIOr to such sa)e
or acqUisition) reSUlting from damage to the Property prior to the sale or acquisition shall pass to Lender.
6. Presen'atlon and Malnlenanee 01 Property: Leaseholds: CondominJums. Borrower shaU keep the Property In good repair
and shaU not pcrmlt or commit waste impairment, or deterioration a! the Propcrly and shall comply with the provisions a! any
iea~c, If Ihis ~Iorlgage is on a leasehbld. If this Mortgage Is all a condominium unJt, Bor~ower shail perform. ~U of Borrower's
obllgallons under the declarallon of condominium or master deed, Ihe by-laws and reguiallons a! the condommlUm project and
constituent documents.
. 7. P.rolectlon 01 Lender's Security, If Borrower falls to perlorm Ihe covenants and agreemenls conlain~d in Ihls MO~lg.age, or
I! any acllOn or proceeding is commenced which materially affecls Lender's Interest in the Property, includmg, but nolllmlted to,
eminent domain. insolvency codc enlorccmenl, or arrangemenls or proceedings involVing a bankrupt or dccedent, Ihen Lender at
Lender's opllon. upon notle~ to Dorrower, may make such appcarances, disburse such sums and take such acllon as is necessary to
protect Le!,der's interesl, including, bul not llmlled lo,disburse'!'ent 01 reasonable altorney's lees and entry upon Ihe Properly to
make repaIrS. An)' amounts disburscd by Lender pursuanllo IhlS paragraph 7, wllh Inlerest Ihereon, shall become addltlonai In-
debledness a! BorrOwer secured by this Mortgage, Unless Borrower and Lender agree to olher lerms a! paymenl, such amounts
shall be payable UPOn notice !rom Lendcr to Borrower requesting paymenl thereo!, and shall bear Interest from the dat, a! dis-
bursement at the rate stated In the Note unlcss payment 01 intcresl at such rale would be cO'!lrary 10 ,apph?abJe law, m which
event such amounts shail bcar Interest at the highest rate permissible by applicable law, Nolhmg conlamed III this paragraph 7
shall require Lender to incur any expense or do any act hereunder.
8. Inspection Lender may makc or cause to be made reasonable entries upon and inspections 01 Ihe Properly. p,rovlded Ihat
Lender shail give Borrower notice prior to any such Inspection ,peel!ylng reasonable cause therefor related to Lender s inlerest in
Ihe Property,
. ,9, Condemnatlon, The procceds a! any award or claim for damages. dlrecl or consequential, In connection with any condem-
natIon or other taking at the Properly. or part thereof, or for conveyance in lieu of condemnation, arc hereby aSSigned and shall be
paid to Lender, . I I e
In the event a! a tolallaklng 01 Ihe Propcrly, the procecds shall be applicd to the sums secured by IhlS Mortgalfe, wi h ~
excess, it any, Paid to Borrower. In the event of a partial tnking of the Properly. unless Borrower and Lender otherWIse agree In
J'
wri,tlng, there shaIl be applied to the sums secured by this l\fort':lIJlc stll'h proporUon ot the Ilroceeds os J!J equal to lhnt proportion
which the amount of Jilc sums secured by this Mortgage Imrnc(hllll'l~' prior tu till' dllll! of tllldnK hl'Rr" to till' fnlr marltcl value ot
the Property immediately prior to the dull.- or tuklJlll. \...ith tilL' ulIluncc of the 'lI'uct.'cds pulll to Borrower.
If the Property is abandoned IJ,)' Uorrowcr or JC otter notice hy !.cndcl' to Borrow!.!r thnt thl' condemnor of Tel's to make on
aWiJrd or sclLlc a claim tor dom3j.;:l'S, Burrower tnlls to respond to Ll.'ndcr within 30 daya or the dnll' of such notlce, Lender is
Llllthorizcd to collect and apply the proceeds at Lender's option either to rcstoflltlon or rellolr ot the Property or to the sums se..
cured by this Mortgage.
Unless Lende,' and Borrower olherwlse agree In writing, any such application 01 proceed. to principal shall not ex lend or
postpone the due date of the monthly Installments referred to In pnrnJll'ophs 1 ontl 2 hereo! or chnnct.' the nmount of such install-
ments.
10, Borrower Not Released, Exlenslon 01 the time lor payment or 1ll0dlOeatlon 01 amortlzotlon 01 tlw sums secured by this
M?r~gagc granted by Lender to ,noy succcsso~ In Interest oC Borz"ower 511ullllot oJlerlltc to fl'lcnsc, In ony mLinner, the liability at the
Original Borowcr and BOITOWCI' 5 SlIccessors In interest. Lcndt'f shnll not be l'l'(julrcd to cornrncncc proceedings against such sue...
cessor or refuse to extend time for pnymcnt or otherwise rnodH)' nrnortlz.ltlon or the BUill!! .5l'curcd by this Mortgage by renson of
an.}' demand made by the ol'i~irHll 13orrowcr lInd Darrower's SllCC('SSOrll In Interest.
11. Forbearance by Lender Not a Wnlver. Any torbenrnncc by Lcndl'r In exercising any right or remedy hereunder, or other-
wise aITorded by applicable law, shall not be a wnlvcr ot or preclUde the exercise or any right or remedy hereunder. The procure..
ment of insurance or the payment oC tnxes or other lIC:1S 01' chnrJ.;c.!I by Lender shall not be a waiver of Lender's right to accelerate
the maturity oC the indebtedness secured by this MortUllJlo,
12. Remedies Cumulative. All rellledles provided In this l\1ortnnne nro dJsUnct nod ~umulaUve to any other right or remedy
under this Mortgage 01' afforded by lnw or equity, nnd lI\uy lw cxcrdscd concurrently, Jndepcndently or successively.
13. Successors and Assigns nound: Joint nnd Neverlll J.llllJlllty: Calltlolul. "he covenants and agreements herein contained
shall bind, and the rights hereunder stulll Inme to, tho respcctlve SUccessors nnd assigns of Lender and Borrower, subject to the
provisions of paragraph 17 hereof, All covcnontlt and ourcelllclltlt of Oorower shall be joint and several. The captions and headings
of the paragraphs of this Mortgnr.c nrc tor convunlcllct! only tlnd nre nol to be used to interpret or define the provisions hereof.
14. Notice, Any notice 10 narrower provided lor In thl. Morls""e .hall be given by mailing such nollee by certified mail
addressed to Borrower Dt the Property Adclrc!ls stnted bclow, except for any notice requIred under paragraph 18 hereof to be given
to Borrower in the manner prcscl'lbed by nppllcnbh1 lAW. Any notice provided for in this Mortgage shall be deemed to have been
given to Borrower when given In the mnnner ueslunnted herein,
15. UnJtorm I\IortgaKe; Go\'ernlng I.nw: Severahlllty, '1'111s torm oC mortgage combines uniform covenants for national use and
non-uniform covenants with llmlted varlntlons hy jurisdiction to conslltute a uniform security Instrument covering real property.
This Mortgage shall be governed b)' the I"w 01 the JUI'lsdlellon In which lhe Property Is located, In the event that any provision or
clause of this Mortgage or the NOll' conlllcts with AppliCAble low, such conflict shall not affect other provisions of this Mortgage or
the Note which can be given etrect without the conlllcting provision, Dnel to this end the provIsions of the Mortgage and the Note
are declared to be severable,
16. Borrower's COPY. Borrower sholl be furnished II conformed copy of this Mortgage at the time of execution or after recor..
dation hereof.
17. Transfer ot the Property: I\"!I11I11I)Uon. If nil or DnY'Il:J.rt or the Property or an interest therein is sold or transferred by
Borrower without Lender's prior written consent, <-,xeludlng (n) the creation of a lien or encumberance subordinate to this Mort-
gage, (b) the creation oC a purchAse money security Interest for household appliances, (c) a transfer by devise, descent or by
operation of law upon the denth of n joint tennnt or (eI) the ~rnnt of nny lenschold interest of three years or less not containing an
option to purchase, Lender may, at Lender's option, declnrc nil till.' Stlms secured by this Mortgage to be immediately due and pay..
able. Lender shall have waived such option to Decelerate H, prior to the sale or transfer, Lender and the person to whom the Prop-
erty is to be sold or transferred reach l1~rcement In ,,,'rltlng that the credit of such person is satisfactory to Lender and that the
Interest payable on the sums secured by this Mortgage shnll ue ot such rate as Lender shall request. If Lender has waived the
option to accelerate provided In this pnra"raph 17 nnd If -norrower's Sllccessor in interest has executed a written assumption
agreement accpted in wrltlng by Lender, Lendcr shnllrclense Borrower (rom nIl obligations under this Mortgage and the Note.
H Lender exercises such option to Dccelerate, Lender ~hlJl1 mnil Borrower notice of acceleration in accordance with para..
graph 14 hemof. Such notice shnll provide n period of ,not lells thnn 30 days from the date the notice is mailed within which Bor-
rower may pay the sums declared due, If narrower falls to pny such sums prior to the expiration of such period, Lender moy,'
without further notice or demand on I3orrower, invoke Any remedies permitted by paragraph 18 hereof,
NON.UNIFORM COVENANTS. Borrow,er nnd Lender further covenant and agree .,as follows:
19. Borrower's Right to Reinstate, Notwlthst~'ndlns:l Lender's llccelcratlon of thr\,...(ums secured by this Mortgage, Borrower
shall have the right to have nny proceedings b"gun' by Lender to e:nforce thIs Mortgage diseontinued::!t ~ny time prior to
at least one hour prior to the commencement of bldcllnJl nt n NherlfT's snle or other Judicial sale pursuant to thIS Mortgage if: (a)
Borrower pa)~s'Lender nil sums which would be then due under this Mort~age, the Note and notes securing Future Advance~, if
any. had no acceleration occurred' (b) norrower cures 1111 hrenches of nny other covenants or agreements of Bo:rr~\Vcr contamed
in this Mortgage:"(c) Borrower pnys 'nll-reosohable expense:; Incurred by Lender in enforcing the covenants and agreements of
Borrower contained In this l\'lort~:l~e nnd In enforcin~ L~ndel"tl remedIes as provided in paragraph '18 here?f, including, but not
limited to. rcasonable nttorneis fees:, nnd (cl) Borrower t:lkc~ ~uch ac~lon as ,l.e,:dcr may ~casonably reqUIre to ass1;lre that the
'lien of this Morh~af.te, Lender's lnhll'est In 'the J'll'orwrtj' nnd BOl'rower s obligation to pay the 'sums secured by thiS Mortgage
shall continue unimpaired, Upon stIch pnymcnt and cure by Borrower, this Mortgnge and-the obligations secured hereby shall re-
main in full force nnd effect ns If t)o nccelcl'ntlon hod ~ccurred,
20, I\ssl.l:'nnien( of Hents; t\J1Jwlntl11rl1t or Hl!Cl'h'r.r: I.r.flller In Po~sc!lslon. ~s 'additional se~urity hereunder, Borrower hereby
as~igns to Lender the rentll at the P"Opl'rty, provided thnt 13ol'rower shall, prior to acceleration under paragraph 18 hereof or
abnndonmcnt of thc Property, hove thl' rluht to collect nnd retnln stich rents as they become due and payable.
Upon Accelerntlon under IJnl'oJtrnph 111 hereot or obnndonmt'nt ot the Property, Lender, in person, by agent or by Judicially
nppolnted receiver, shllll bt' entitled to enter lIpon, toke po!:scsslon of nnd manage the Prope~ty and to collect the rents of the
Propcrty InctudlnJ: those pust due, Alt.rcntti collcctocl bj' Lender or the rcce,lver shall b~ a~phed first to, payment of .the,costs of
mnnn,Qemcnt' oC the Property and collection of rcnt~, Including, but not limited to, recelver s fees, premiums on ~'ecelver s bonds
:in..! ren!lonnblc nttorney's fees, nllll then to the S\If11ll sccured by this Mortgage. Lender and the receiver shall be llOble to account
only ((lr thtJ~c rcnls nctuully 1'l~r.(-'lv('(1.
21. J:'lIturr l\d\'UIH'l'1i, Upon H'ltllt'st ot Borrower, Lender, nt Lender's option, prior to releas~ of this Mortgage, may make
FlIture AdwlIll'cS 10 UOI'I'O\\!(-'l', SUl'h "'lItme A<lVOIlCl'~, with intcl"c!'lthercon. shall b.e secured by thiS Mort~i'lge when evidenced by
lU'tlll1ls!lo,~' not<..'s ~lnll'H! that "aid notes lire> sccur(.'ct hereb)', Al nl) time shall the prmcip~l amount of the Indebtedness secur~d, by
this l\tOf't~ill!l', nul llldudlllll film,,, ndV.i111'('d In nCl'ordnnce hcrewilh to' protect the security of this Mortgnge, excced the orlgmal
1I1110unt of t1w Notc,
Return To:
23, l'urchRllr :\llJllry Z\fnrIIWIlI', rr nll or pnrt oC the sums Fecured by this, Mortgage are lent to Borrower to acquire title to
the Property, thl~ I\tOrlj!IlI~{1 h ht'I'<'by dt'r1nred to be n Plll"rI'n~c.rnliUCYor'P"Nh<m);"'vomo }
, ,)unty of Cumberland 55
,..ded in the office for the' roCording of D&ecb.
,nd lor Cumberland County, Pa,
),'f' Book___ Vol, ~L. Page &,/
,......, my hand and seal of office, at
';,", 'hisd&iI. of t9~
d'/t .. 'q.1/
ANDREW M. PIPA, JR.
AT10ffNI;Y ^, LAW
COMMEftCl: AT MAnl<;l:l Grlll:t:l
5HAMOKIN. PCNNGYI_VANIA 17fJ'/2
.,
.
".",'.
"",,;,,;~~
l\dton Bank
People dedicated to your success, W
P.O. BOX 4887 . LANCASTER. PA 17604
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
The Commonwealth of Pennsylvania's
Homeowner's Emergency Mortgage Assistance
Program
may be able to help you.
Read the following notice to fmd out how the
program works.
If you need more information call the Pennsylvania
Housing Finance Agency at 1(800)342-2397
LANOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION
OBTENGA UNA TRADUCCION INMEDlATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA
HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER
ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL
DERECHO A REDlMIR SU HlPOTECA,
Fulton Bank
People dedicated to your success, W
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ TIllS NOTICE.
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
Date: September 23, 1998
RE: Account No,: 5700765214
TO: Kanic C, Dass
Chhanda Dass
902 Valley Slreet
Enola. PA 17025-1541
FROM: FULTON BANK
29 EAST KING STREET
LANCASTER. PA 17602
You may be eligible for fmancial assistance that will prevent foreclosure on your mortgage if you
comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You
may be eligible for emergeney temporary assistance if your default has been caused by circumstances beyond
your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other
eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this
Notice. It eontains an explanation of your rights.
Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days
from the date of thL~ Notice. During that time you must arrange and attend a "face-to-face" meeting with a
representative of this lender, or with a designated consumer credit counseling agency, The purpose of this meeting is
to attempt to work out a repayment plan, or to otherwise seitle your delinquency. This meeting must occur in the
next (30) days,
If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified
in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this
meeting, The name, address and telephone number of our representative is:
James 0, Martin
Fultoll Bank
29 East King Street
Lancaster, PA 17602
Telephone No: 717-291-2459
The names and address of designa~d consumer credit counseling agencies are shown on the attached sheet.
It is only necessary to schedule one face-ta-face meeting, You should advise this lender immediately of your
intentions,
The PelUlSylvania Housing Finance Agency can be reacha! TOLL FREE at 1(800)342-2397.
)
.'
Fulton Bank
People dedicated to your success,.
ACf 91 NOTICE
September 23, 1998
Knrtlc C. Dass & Chhundu Duss
PAGE 3
Your mongage is in default because you have failed to pay promptly installments of principal and imeresl,
as required, for a period of at least sixly (60) days. The lotal amoum of the delinquency is $1.441 26. ThaI sum
includes the following:
TIzree (3) monthly payments ofprincipa/ and inlerest in the amount of $287,00 each, due for the months of
July I, August I, and September I, t998; three (3) monthly payments of escrow ilems in the amount of
$151.03 each, due for the months of July 1, August 1, and September I, 1998; three (3) montly payments of
insurance of $25,04 each, due for July 1, August 1, and September 1, 1998 which total $1,389,21. Late
charges have accrued to this date in the amount of~. In addition, the Bank has incurred expenses in
the sum of $9,00 in the collection of your account.
If you have tried and are unable 10 resolve this problem alar after your face-la-face meeting, you have the
right to apply for financial assistance from the Homeowners' Emergency Mongage Assistance Fund, In order 10 do
this, you must fllI out, sign and me a completed Homeowners' Emergency Assistance Applicalion witll one of the
designated consumer credit cOWlSeling agencies listed on the attachmem, An application for assistance may only be
obtained from a consumer credit counseling agency, The consumer credil counseling agency will assist you in filling
out your application and will submit your completed application 10 the Pennsylvania Housing Finance Agency, Your
application must be med or postmarked, within thirty (30) days of your face-to-face meeIL~g.
It is extremely important that you jile your application promptly. If you do not do so, or if you do not
follow the other lime periods set forth in this letter, foreclosure may proceed against your home immediately.
Available funds for emergeocy mongage assistance are very limited, They will be disbursed by the Agency
under the eligibility crileria established by the Act,
It is extremely'imponant that your application is accurale and complete in every respect. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that
additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set
fonh above, You will be notified directly by that Agency of its decision on your application,
The Pennsylvania Housing Finance Ageney is localed at 2101 Nonh From Street, Post Office Box 15530,
Harrisburg, Pennsylvania 17105. Telephone No, (717) 780-3800 or 1-800-342-2397 (toll free number), Persons
with impaired hearing can call (717) 780-1869,
In addition you may receive another notice from this lender under Act 6 of 1974, That notice is called a
"Notice of Intention to Foreclosure", You must read both notices, since they both explain rights that you now have
under Pennsylvania law. However. if you choose to exercise your rights described in this notice, you cannot be
foreclosed upon while you are receiving that assistance,
Very truly yours,
~~~~
Loan Workout Officer
cc: James Clippinger, Esq.
The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800)342-2397,
-
FUlton Bank
People dedicated to your success. w
P.O. BOX {tBB7 . LANCASTER, PA 17604
(717) 291-2459
September 23, 1998
Kartic C. Dass
Chhanda Dass
902 Valley Street
Enola, PA 17025-1541
RE: Mortgage Loan - Account #5700765214
TO: Kartic C. Dass & Chhanda Dass
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The MORTGAGE held by Fulton Bank, (hereinafter We, us or ours) on your property
located at 902 Valley Street, Eno1a, PA 17025-1541, IS IN SERIOUS DEFAULT
because ou have not made three (3) monthl a ents of rinci al and interest
in the amount of $287.00 each, due for the months of July 1, Auqust 1, and
Se tember 1, 1998; three (3) monthl a ents of escrow items in the amount of
$151.03 each, due for the months of July 1, Auqust 1, and September 1, 1998;
three (3) monthlv payments of insurance of $25,04 each, due for Julv 1, Auqust
1, and September 1, 1998 which total $1,389.21. Late charges have accn'ed to
this date in the amount of $43,05. In addition, the Bank has incurred expenses
in the sum of $9.00 in the collection of your account. The total amount now
required to cure this default, or in other words, get caught up with your
payments, as of the date of this letter is $1,441.26.
You mav cure this default within THIRTY (30) DAYS, of the date of this letter,
b a in to us the above amount of $1,441.26, lus the additional monthly
a ent of $463.07 due October 1, 1998, lus a late char e of $14.35, if this
payment is not made by October 15, 1998. Such payment must be made either by
cash, cashier's check, certified check or money order and made at the Loan
Review Department at Fulton Bank, 29 East King Street, Lancaster, Pennsylvania,
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise
our riqht to accelerate the mortqaqe payments, This means that whatever is
owing on the original amount borrowed will be considered due inunediately and
you may lose the chance to payoff the original mortgage in monthly
installments. If full payment of the amount of default is not made within
THIRTY (30) DAYS, we also intend to instruct our attornevs to start a lawsuit
to foreclose vour mortqaqed propertv. If the mortqaqe is foreclosed, vour
mortqaqed property will be sold by the Sheriff to payoff the mortqaqe debt,
If we refer your case to our attorneys, but you cure the default before they
begin legal proceedings against you, you will still have to pay the reasonable
attorney's fees, actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay the reasonable
attorney's fees even if they are over $50.00, Any attorney's fees will be
added to whatever you owe us, which may also include our reasonable costs. If
ou cure the default within the thirt da eriod, ou will not be re ired to
pay attorney's fees.
Fulton Bank
People dedicated to your success..
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
September 23, 1998
Kartic C. Dass & Chhanda Dass
Page 2
,
We may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage, Such suit against you personally may also result
in your mortgage being foreclosed and your mortgaged property being sold at
Sheriff's sale.
If we start the lawsuit to foreclose your mortgage, or if we sue you personally
for the unpaid balance and all other sums due under the mortgage which may also
result in foreclosure and sale of your mortgaged property, you have the right
to assert in either of those lawsuits the nonexistence of a default or any
other defense you may have to acceleration and foreclosure.
If you have not cured the default within the thirty day period and foreclosure
proceedings have begun, you still have the riqht to cure the default and
revent the sale at an' time u to one hour before the Sheriff's foreclosure
sale, You may do so bv payinq the total amount of the unpaid monthly payments
lus an late or other char es then due, as well as the reasonable attorne IS
fees and costs connected with the foreclosure sale and perform any other
requirements under the mortqaqe. It is estimated that the earliest date that
such a Sheriff's sale could be held would be approximately June 5, 1998. A
notice of the date of the Sheriff's 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 will be
by calling us at the following number: Area Code 717/291-2459, This payment
must be in cash, cashiers check, certified check or money order and made
payable to us at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the
mortgaged property and your right to remain in it. If you continue to live in
the property after the Sheriff's sale, a lawsuit could be started to evict you,
You have additional rights to help protect your interests in the property, YOU
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.
YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF,
If you cure the default, the mortgage will be restored to the same position as
if no default had occurred, However, you are not entitled to this right to
cure your default more than three times in any calendar year,
Very truly yours,
cc: James Clippinger, Esq,
~:::~~
Loan Workout Officer
. ~ I
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