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HomeMy WebLinkAbout99-07692r e I - ON ."' *' SHERIFF'S RETURN - REGULAR CASE NO: 1999-07692 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE FINANCIAL BANK NA VS THRUSH PAUL D JP ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon I'HRURH bnitr ? .., DEFENDANT the at 0012.51 1 HOURS, on the 4th da at 972 WEST OLD YORK R?nn day of January 2000 CARLISLE, PA 17013 PAUL THRUSH by handing to a true and attested copy of COMPLAINT - MORT FORE VOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.96 .00 8.00 -0 30.96 Sworn and Subscribed to before me this 21,1- day of C? A.D. Cc Prot honootar-tarCw ? y So Answers: R Thomas Kline 01/05/2000 DUNCAN & OTTO By: 6A X Deputy Sheriff ? SHERIFF'S RETURN - REGULAR CASE NO: 1999-07692 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE FINANCIAL BANK NA VS THRUSH PAUL D JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THRUSH ELEANOR A the DEFENDANT , at 0012:51 HOURS, on the 4th day of January , 2000 at 972 WEST OLD YORK ROAD CARLISLE, PA 17013 PAUL THRUSH by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 .00 14.00 Sworn and Subscribed to before me this d! day of . ?? :2o--rrJ A. D. / rothonotary So Answers: ?TJlT.it?T?tlMd(? l'l/J/'??C R. TRomas Kline 01/05/2000 DUNCAN & OTTO By: D"', ? • IC-'U- Deputy Sheriff i KEYSTONE FINANCIAL BANK, N.A. Plaintiff V. PAUL D. THRUSH, JR, and ELEANOR A. THRUSH, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE : CIVIL TERM 1999 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THE COMPLAINT AND NOTICE ARE SERVED, 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 DO 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r::.. KEYSTONE FINANCIAL BANK, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. CIVIL ACTION -LAW PAUL D. THRUSH, JR, and : IN MORTGAGE FORECLOSURE ELEANOR A. THRUSH, Defendants CIVIL TERM 1999 94 9.,2 COMPLAINT AND NOW, comes Keystone Financial Bank, N.A., through its Attorney, William A. Duncan, Esquire, and files this Complaint in Mortgage Foreclosure, of which the following is a statement: 1. Plaintiff is Keystone Financial Bank, N.A., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its main office and principal place of business located at 1415 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Paul D. Thrush, Jr., an adult individual, and Defendant, Eleanor A. Thrush, an adult individual, are husband and wife, and reside at 972 W. Old York Road, Carlisle, Cumberland County, Pennsylvania. 3. On or about July 2, 1998, Defendants made, executed and delivered to Plaintiffs note and a real estate mortgage financing One Hundred Twenty-three Thousand 00/100 Dollars ($123,000.00), a copy of said note and said real estate mortgage being attached hereto as Exhibits "A" and "B", respectively, and are incorporated herein by reference as though fully set forth. 4. Said note and said real estate mortgage have not been assigned. 5. Paul D. Thrush, Jr., and Eleanor A. Thrush, are the sole record owners in fee simple of said premises subject to said mortgage, by virtue of a Deed dated September 25, .711 1978, and recorded in the Cumberland County Recorder's Office in Deed Book "B", Volume 28, Page 413, more specifically set forth in Exhibit "C", attached hereto and made a part hereof by reference. 6. Said note and said real estate mortgage are in default because Defendants herein have failed to pay the payments that were due and owing for the months of December 1998, January 1999, February 1999, March 1999, April 1999, May 1999, June 1999, July 1999, August 1999, September 1999, October 1999, November 1999 and December 1999. 7. The Plaintiff has given to the Defendants written notice of intention to foreclose on said mortgage as required by law under Act 6, dated October 27, 1999, a copy of which is marked Exhibits "D" and "E", and attached hereto and made a part hereof by reference. 8. The Plaintiff has given written notice of default as required by the Homeowner's Emergency Assistance Act of 1983, dated October 27, 1999, a copy of which is marked Exhibits "F" and "G", and attached hereto and made a part hereof by reference. 9. By reason of the aforesaid default, the entire principal balance of One Hundred Forty-four Thousand Five Hundred Ninety-six and 61/100 ($144,596.61) Dollars, with interest thereon at the rate of 8.65 % per annum computed from December 2, 1998, along with attorneys fees are now due and payable. 10. The Defendants are liable to the Plaintiff for the following on said mortgage loan: A. Principal amount due to date $125,333.77 B. Interest due to date 11,777.39 C. Late Charges 614.24 D. Attorney's Collection fee 6,871.21 TOTAL: $144,596.61 WHEREFORE, Plaintiff prays the Court to enterjudgment in favor of Plaintiff and to order the foreclosure and sale of the mortgaged property and for the amount of One Hundred Forty-four Thousand Five Hundred Ninety-six and 61/100 ($144,596.61) Dollars together with interest thereon, costs and all other amounts advanced by Plaintiff. iam A. I9un Esquire Attorney for Plaintiff 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 ;,fIWVN I, Jack V. Hutchison, hereby verify that I am an Assistant Vice President of Financial Trost Company, that I make this verification being authorized to do so, and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ck V.I utchison Asst. Vice President Financial Trust Company :'.:. 1 v. .. ?. .. .:<F, 241-0060 FINANCIAL TRUST 917 P02 DEC 17 199 10:15 a7J West Old York Rosa Cadbale,PA 17013 ptlte of Note: July 2, 1998 PrMISEl Amount 572?,aoo•oo nd Elearhor A Thrush ("Borrower") Promise to pill to Rnanclid Trust company ('Leader" ,err order, In PAY. Petri D. Thrush, Jr. a PROMISE IeYrfYl money of the United 9htles of Amerle4 tfha pdrmlpN ? uGnrctrt ? r T!'r? Three Thousand a tleflao Dollar 1ZT,a00.00L together whn Intarcsl on tfhe urrpald prkxlpat balms mom Jufy , PAYMENT. gunject to aaY Payment changes rewUing mom dangee In the Index, Borrower rdlt pay Wit ban In eerotdenca with the following payment achwub: 11 eonaeautlva maMhty Pdndpal and Inbrost PMaanis o} S1,tte.7a sash, heginning August ?, 11Ne, whin Interest pol and Intanre Paymn ands In the tndidd mount of i1,o'Ta.1ll sash, ?antnp AitWu1 z, taxi, wlln Inbraat vealcubtM an the unpaid Inlere? PaYmard In rte IrdtlM artwurd W Sta.2 on Jay a,mleawlth Inlerr?t alculeted bon?fie nu pda prlndpal )Der ,= M an Interest rate of 3.600 IWCeMape p?ta arm the Index daatDed Deter. This ealimaied Bnai PaYa le Dared on the aseumpton that all poyMonte will tea media malty ere scheduled ad Wall: the Index does not tllmgeI the acted final Payment will be for all prnndpal am accrued leisrest not yet paid, together with arty other unpaid mhoume under lnlo Mott. The annual Interest rate for this Note is computed on a 36Er36o basis; that b, by applying the redo at the annual Interest rate over a year of 960 days, mutdpded by the ouMandirg principal balance, muttered by bile actual number of days rile principal balance Is outstanding. Borrower will pay tender principal, an dany remn ing artw? o paid calledon costs andDaapplicable te chharges.law, rest, than bLander, at e address shown first m? accrued unkl place peymentsynuent ail be Applied pa VARIABLE INTEREST RATE. The interest rate on this Nola is subject to charge from time to time based an charges In an independent htdgx which Is fits We" Average Yield on United States Treasury Socudlins. Adjusted to a Carstens Maturity of Ore (1) Year (the "Index'). The Index is not nerestanty the lowest rate charged by Lender on Its bars. If the Indox becomas unavailable during the term of this loan, Lender may designate a substitut0 Index after notice to Borrower. Lender wag tel BorowOr the currant Index tats upon BwMr-a request. Borrower understands nds that Lender The may rthala loans based on oMer rates as verlL The interest rate ehorge t hat ai? ofstMa Plo1e willll be the nab Index currently Is fates set forthalpve In the or e annum, Tile Merest use err idea to tea ePPtted to file aaldtld mum rale allowed by applicable law. W chars (ryxeasas ace iru the In t Lmdma of Its apdon, may(d Ora or more d ttq folowingrn(a) Inuease Borroowar's payments to ensure eorrawafa loan writ pay art ry its or dlrml a W mdlurity dab, IN) Increase Borrowefs payrmtnt te cover acrndng IMSrest. (a) Increase the number of Borowa's payments, end (d) condnu9 Bonowors payn;euts al dta same am70unt and ImmEawO BOrtaw'Brs final payment. PREPAVMFM. Borrower nay pay wdh0ul penally dl a e portion IN this augourbt axed 0aria Than a t duo. Tau fy payment will not. wit educed to by Lender In wriang, rdleva BortaYrer IN Bortawerl5 pbtigaa0fl to rxntlnue b make PeYmlenb antler this psymmt schedule. Bather, they y wit reduce the principal balance du and InaY rahul! In Bgroyror unekUhg lewe(PaYmants. ,,.. . LATE CWGF- If a payment t t6 drys Br more IaM, Bmrower wit be charged SA00% of the regularly seneduted payment. vEFAULT. Borrower will be In default d any of the following happens: (a) Borrower Veils to make any payment when die, (b) Borrower bredks arty promise Bonower hem made to Lander, or Berrcwoe feat to, comply oath ai (o,OCrforfn when duo any other term, obligation, covenant or condition anatomist a 31 r iVGi C boot, contained in this Note or any agr00mdm related to tnt,Nolo, of in any other igroomonl or loan SOrowar has with Lander. (c) Borrower default under fa%w itor cred the that any roan, extension of yo of ot security arr or Banfs ablBY to repay his Note or other perform Borrower's obllge;ionh unother der this Note or any nay melandN ablest any Bortowsfs property ry RetAsd Uocumants. (d) Airy feprotantad0a a sbtemeN made err fiun eland to Lander by Borrower a on Borfowefa pain es fete any mislead Eing in any for pad of matew respect olther now or at rho do a made er (urnlshaa. (o) Barfovn r dim i?r ?s by Borrower or against Borrower nu des property, Barower makes an assignment Ian la benaftl IN ;redden, a arty p This any hankmplcy er irhSaMrxy aws. (? Any ereddor tries to lake arty of Borrower P D desedbed in thus d?ole?ulI sedan a= m wash respect to any Includes a gamishmenl IN arty IN Borowers accounts with Lender. (gI. Y duerentor d Ihis Note. (h) A materiel edvasd change occur; in Bomowefs finaneiat condition, a Lender balbves the prospect of payment or pedorme re IN r e indobWdnoss Is ImPa red. f1 L ender In deed fall dooms tidl Insecure. LENOFJ)9 RIGMS. UPOn dabult Lender.rnaY. attar giNng tech noticm as reeulued by eppUCable law, decisre Una ire or unpaid principal he to balance lp Eris Nota and e0 accrued unpaid irseesl Immedistoly duo, and then Borrewer wit pay that mnount. Lander may hire pay someone ae she help cWeIN nds Note it Borrower does not pay. Borrower Mao wtt pay Lender that amours. Tht indurdm, subject to any omit under applicable law, Londoes attorneys' bas and lenders bgei expenses whother of not horn is a lawaua, inducing adarrays ' tool and legal expanses for bankruptcy proceedings (Including offers to modify Or Vacate any automatitstay or Injunction), appeals, and any anticipated post-judgment collection services. If not Prohibited by applicable law. Sorower also, wll pay airy court eats, In addifion to all other surm provided bylaw . It judgment i)udg t is connection with this Note, Interest wit continue to a=m on this Nate after judgment at the interest rate applicable Note of the time entered. This Note has been delivered to Lander 'and m:cWed by Larder In the Commonwealth of Pennsylvania If there Is a lawsuit, Borrower agree upon Lender's request to submit to this ludadldlon of the courts of Cumberland County, the Conunanweath of Pennsylvania This Nob snail be govemed by and construed In accordance with the lama of the Commonwealth of PennayNanta. RIORT OF SETOFF. Borrower grants It r:*Notsatiolvat t in, and hereby 0ttigns, conveys, delivers, pledges, and hans(ars to Lander ad Borrowers right tilts and I Lo(wCking, savi gs, or same otter account), including without [[in too all accounhd jinlty orrower rray n in the future, excluding however all IRA and Keogh account, aaccounts tar wh uld Do Niched by law. Borrower authorixat Lander, b the extent pentldod ba0 low, to charge and all such accounts, and, at Londses option, to adnUnray atl such ecc0unt t go and if right provided on this paragraph. COU.11T'EAAL, This Not Is secured hipagago taw July l ? Lender an real property located in pROIrA11 s.rWnv11 T1N 241-0060 FINANCIAL TRUST 917 P03 DEC 17 199 10:17 0%02-7999 PROMISSORY NOTE Pape 2 (Cormnued) Cumberland County, Commonwealth of Pennsylvania, all the forms and conditions of which are hereby Incorporated and mado it part at this Note. GENERAL PROVISIONS. Lander may delay or forge enforcing any of Its rights or remedies under We Note without losing them. Borrower and any other parson who signs, guarantees or endorses this Nato, to the extent allowed by law, waive presentment, demand for payment. protest and notice of dishonor. Upon any change In the terms of this Nato, and unless alhOrWaS expressly 51111104 In wrMna, nit party who signs this Note, whether as maker, guarantor, accommodation maker or endow, shall be released from Ilabady. All such parties agroo that Lander may renew or extend (repeatedly and for any length of time) this loan, or release any parry or gusardor or c0falerWC or Impair, fail to reduto upon or parted Londer's security Interest in the eoaataral; and like any other action deemed eaeogary by Lender without the consent of or notice to anyone. All such parties also agree that Lander they 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 ldnt and several. it any portion of this Note Is for any room dotxminod to be unenforceable, it win not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORUES AND EMPOWERS ANY ATTORNEY OR THE PROTH9NOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE. AND WITH OR WITHOUT COMPLANi FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS M(PENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10X,) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOReCA?CTImnuc UAV IN ANY IEVENT NOT LESS THAN FIVE IMMEDIATELY: AND FOR SO DOING, TH S NOTE OR( A COPY OF THIS NOTE VEO BY AFFIDAVIT SHALL AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY E%ERgSE OF THAT AITIRORRY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW Wrf•H RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A THIS CONFESSION OF JUDGMENT PROVISION TO BORROWERS ATTENTION OR REPRESENTATIVE F LENDER REPRESENTED BY ILLY CALLED E S BORROWER PRIOR TO SIGNING THUS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. . THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: . X rpaul D Thtuah, Jr. / Eleanor A. Thrush vUnhxamia. neg?. LASER PRC.RitaO.S.Pa•NW.011.,Var.laalc)taaa CFl praarvbaa, 1110. Ax nahliroawea.IPA-oaaTMRUSHJn.LNCaaVLI 241-0060 FINANCIAL TRUST 917 P04 DEC 17 '99 10:17 . ':IJfi7! ... WHEN RECORDED MAIL TO: Rn enclel Trust Company Go KLystone Loan Operation ATTN: Collateral DOL 1ao court Street, Po Bee MA7 Wllllamlpod. PA 17701 '98 JUL 10 Pfl 1 29 SPACE ABOVE THIS LINE 19 FOR RECORDERS USE ONLY . MORTGAGE THIS MORTGAGE IS DATED JULY 2, 1998, between Paul D. Thrush, Jr. and Eleanor A. Thrush, whose address Is Sin Wost Old York Road, Carlisle, PA 17013 (referred to below as "Grantor"); and Financial Trust Company, whose address Is One West High Street, Cerll0e, PA 17013 (referred to below as 'Lender"). GRANT OF MORTGAGE For vatustoo eonelderatla6 Grantor grants, bafgal sells, conveys, assigns, hourfenk rdaases, confirms and etaMaaee to Under aft of Grantors right, has, and Wettest In and to the following described real property, together with all existing or subsequently erected or,~ buadings, Improvemonla and fixtures; ail shoots, lanes. easys, passages, and ways: ON easements, n ahts of way, all Ilborbsts. privileges, bnema rls, heredihments, and appuriooancas thereurdo belanging or anywbe made appurtenant hawser. and the reversions and remainders with respect theroto; aft water, wafer rights, watercourses and ditch rights Including stock in ullillos with ditch or kdgatian rights); and an other tights, royalties. and profits relating to the rod propody, including without ]Imitation an rtdnOnls, ON, W. goothermal and similet maears, located in Cumberland County, Commonwealth of Pennsylvania (the "Red Property"): SEE EXHIBI "'A" ATTACHED HERETO AND INCORPORATED HEREIN RY REFERENCE The Real Property or its address is commonly known as 972 Weal 0)L Yofk.Road, Carlisle; PA -1.79.13, . Grantor presently assigrn to Lender all of Granters right, We, and ineroct in and to all 'oases of the Property and all Rants from the Property. In addition, Grantor grards to Lender a Uniform Commercial Cads security interest in the Persona] Properly and Rents. DEFINITIONS. The following words shall hens the following meanings when Used in mis Mortgage. Terms not otherwise defined in this Mortgage shall have the meanings attributod to such terms In the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. i Grantor. The word "Grantor" means Paul 0. Thrush, Jr. and Eleanor A. Thrush. The Grantor is the mortgagor under this Mortgage. Guarantor. The word'Guarante meets and includes without limnatbn each and all of the guarantors, sureties, and accommodation parties in connection with the Indebtedness. Improvements. The wad "Improvements" moans and Includes without Imitation all exsing and future improvements, buildings, slmckm, mobde homes affixed on the Raul Property, Isdlitlo9, addldons, repla awns and Other construction On the Real Property. IndebtedndA The word'lndebtadrusW moos e0 principal and Interest payable under the Nato and any amounts expanded of advanced by Lender to disdtNgO obligations of Grantor or expenses Incurred by Lender to enforce obligations of Grantor under this mortgage, together with interest on such amounts as provided in this, Mortgage. In addition to the NOW, the word "IndObtedrlaw" Includes all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as ed clalms by Lender against Grantor, or any one or more of them, whetW now o*tng or hersager arcing, whetter related or unrelated to the purpose of the NOW, whether voluntary or dhorwisa, whether due or not duo, absolute or contingent, liquidated or unilquidelod and whether Grantor may be Nabio Individually or jointly with others, whether obtigatod as guarantor or otherwise, and wholha recovery upon such Indebtedness may be or huroaNx may beco}g4ha and It any statule of Ilmitaaon6, and whether such indebtedness may be or ho=W may become Othervase unenforceable. (Inroad Flare; ) Lender. The word sander' morns Financial Trust Company, Its successors and assigns. The Lender is the mortgagee under this Mortgage. Mortgage. The word "Martgago" means this Mortgage bohwen Grantor and Lender, and Includes without limitation ON assignments and security Interest provisions rolahng to the Personai Property and Rent. Note. The word "Note' means the promissory, note. or credit agreement dated July 2, ISM, In the original principal amount of 5123,000.00 from Grantor to Lender, together with all renewals of. oxlonsions of, modifications of, refinancings of, consolidations of, and subatituffafs far the prarrussory noto or agreement: NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE Pereenal Property. The words "Personal P(operry'. Milan dl equipment, WUM, and other articles of personal property now or haeaser owned by Grantor, and now or her0afmr attached or aifoad to the Feel 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 Ilmitadion all insurance proceeds and refunds of premiums) from any sale or other disposition of the Proporty. Property. The word'PrcparV moans coloctivey the Red Property and the Personal Property. Rest Property. The words-Real Property town the property, interests and Nhb descibed above to the "Grant of Mortgage" section, Routed Documents The words 'Relabd Oocumems" mean and Include without Imllatl eementa, ban agreements, emmonmantal agreements, gearantos, soeuriry agreamenb, mortgages, deeds .'EXHIBIT:' agreements ant documents, whether now or hereafter editing, Oxaculod in connection with the Indebtedn02' Rents. The word 'Rents" means all present and NIUM rents, (anemias. InCOMO, issues, r derived from tip prop". otitis 9 dR'1 rttrx.' .:381 -??- i, 241-0060 FINANCIAL TRUST 917 P05 DEC 17 '99 10:18 07-02-1998 MORTGAGE Page 2 (ConUnued) THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF REM AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GPM TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OSIJGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE Except as otherwise provided In this Mortgage, Grantor shall pay to Lander all amounts secured by this Mrrtgago as they become due, and shall strictly perform all of Grantor's obligations under this Morigago. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor a9 m that Grantors possession and use Of the Property shag be Governed by the following previsions: Possession and Use. Until In default, Grantor may remain In possession and control of and operate and manage the Property and collect the Ronts tram the Property. Duly to Maintain. Grantor shelf maintain the Property in tenantable condition and promptly perform all repairs, replaooments, and maintenance necessary to preserve its value. Hazardous Substances. The tormts 'hazardous wanta,"hazardous substance; 'disposal,' Seleesa, and 9hreatenod release; as fled In this martgego, shall have the same meardngs as sot faith In the Camloraboralvo Environmental Rosparim, Compansoaon, and Liability Act of 1990, as I artendad, 42 U.S.C. Section 9801, at seq. ('CERCLA7, the Superhero Amendments and Roauthorintion Act of 1888, Pub. L. No. 98-499 ('SARA), the Hazardous Materiels Transportation Ad, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Pct, 42 U.S.C. Section 8901, at seq., or other applicable state oiFoderol laws, rules, or regulations adopted Pursuant to any of the foregoing. The terms 'hazardous waste and 'hazardous substance shall also Indudo, without limitation, petroleum and paltdoum by-products of any (radon thereat and asbestos. Grantor represents and warrants to lender that: (a) During the period of Grantor's ownership of the Property, them has been no use, generation, manufacture, storago, treatment, dispose), mlesse or thra denod release of any hazardous waste or substance by any person on, under, about or from the Property; (b) Granter has no knowledge of, 'or rasson to believe that them has been, exeapt as previously disclosed to and acknowledged by Lander In writing, (I) any use, generation, manufacture; storage, froatmem, disposal, release, or threatened role= of any haardaus waste or substance on, under, about at tram the Property by any prior owners or Occupants of the Property or (u) any actual or three dined litigation or deims of any kind by anypoison reloung to such m ittas; and, (c) Except as previously disclosed to and acknowledged by Lender in wdtlng, 0) neither Grantor inor any tenant,,contreator, agent or other authorized user at the Property shall use, generate, manufacture, stare, peal, dispose of. or release do fanardoiia waste ar substen it:0n, under,.about or from the Property and (it) any such acrMty shag be conducted in comptiarmce With all appilrebla federal, state, and local laws,'iogulations and ordlances, including without limitation those laws, ?ts ati ns, and adlnanoas described sbow Greater aulho?s Lender and its aepelats to alter upon the P1OParty to make such lapodiom and expense, as Lander may deem appropriate to determine campllarmcs of the Prop" with this section of the Mortgage. Any inspections or tests made by Lander shag be for Lenders purposes a* and shelf not be consWed to create any responsibility of liability an the ppaarrtt of Lander to Grantor or to any other person. The ropreta nmdons and warranties contained heroin are bared on Grantors due diligence in investigating the Property for hazardous waste and hawdous substances. Grantor hereby (a) releases and waives any future claims against Lander for Indemnity or contribution in the event Grantor becomes gable for cleanup or other costs under any such laws, and (b) agroos to indemnity and hold ha nim Lander against any and all claims, losses, Ilabilitias, damages, penalties, and expenses which Lander may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of arty use, goneratlon, manufacture, storage. disposal, roleass or threatened release of a hazardous waste or substance an the properties. The provisions of this section of the Mortgage, Including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconvoyance of the Wes of ft Mortgage and shall not be effected by Lander a AcgWsition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall rant calls, conduct a permitany nuisance nor eanani , permit, Or suffer any 3WPPbg Of err waste on or to the Property or any portion of the Property. Without ruruting the generality of the foregoing. Grantor will not remove, a grant to any other party the right to remove, any tinter, minarets ondvdidg dl and gas), IN. gravel or lock products without the prior written consent of lender. Removal of ImprovemenLS. Grantor shell not demolish at remove any Improvements from the Rest Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lander may require Grantor to make arangonents satisfactory to Lander to replace such lmprawmonb with lmprovemonfs of at least equal value. • ? Landers Right to Fisher. Lender and its agents and ioprewitatlvss:may onW upon the Rea Property at all reasonable Imes to attend to Lenders interests and to Inspect The Property for purposes of Grantees compliance with the terms and eanditiona of this Mortgage. Compaarics With Govite mNnW RegWremenla.' Giants shall promptly comply with all lawns, ordlnance$. and regulations, now a ha saga In effect, of all governmental authorities applicable to the uso,a,opcuPeFq Of, the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest In:godd falth''any,sueh Iaw,'ordinance;-or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor .hisi notified Lander In writing prior to doing so and so tong as, in Lenders sale opinion, Landers interests In the Property are not jeoperdmed.!;.Lander way require Grantor to past adequate security or a surely bond, reasonably satisfactory to Lander. to Protect Lenders interest. .. .. Duly to ProWL Grantor agrees neither to abandon nisi leave unattended to Property. Grantor shall do all other acts, In addrdon to those acts set forth above In this section, which from the character and use of the Property are reasonably necessary to Protect and prow" the Property. DUE ON SALE - CONSENT 13Y LENDER. Lander may, at its option, declaim immediately due and payable all sums secured by this Mortgage upon the sale or transfer, wfihOra the Lender's prior written carsont, of all of any part of the Real Properly, a any interest In the Real Property. A gale or karsfar' means the conveyance of Real Property. Or. any d9ht,.tiaa or Interest thereirk whether legal, ban ificial or Oquitahla; whether voluntary a Involuntary; whether by outright sale, dead, installmont sale contract. land contract. contract for dead, Machold Interest with a term greoter than three (3) years, lasso-option contract, or by safe, assignmont, or transfer of any beneficial interest In or to any land trust holding ON to the Real Property, or by any other method of conveyance of Real Property Interest. If arty Grantor is a corporagen, partnership a limited liability company, transfer also Includes any change in ownership of more than Marty-five, percent (25%) of Ute voting stock, partnership interests or limited lability company interests, as the case may be, of Grantor. However, this option shall not be exercised by Lender If such exurdso is prohibited by federal low or by Pennsylvania law. TAXES AND LIENS. The following 'provs ans rotating to the taxas and sane on Ira Property arc a pad of this Mortgage. Payment. Grantor shall pay when due (and in all, mills prior to delinquency) all aIXas, payroll tapes, special taxes, assessments, water chum and savior service charges levied against or on flccaurd or the Property, and shag pay when duo all clalms for wank done on or for servless tendered or material furnished to The Property. Grantor , shall maintain the Property sea of all lists having priority aver or equal to the interest of Lander under this Mortgage, except for the Ileri of taxes and assouments not due, and eseopt as ahorwise provided in the foliowing paragraph. RIght To Context. Grantor may withhold payment of any ?& assessment. or claim In cormoclon with a goad faith dispute ova the obllgatian to pay, so long as Londar9 Interest in the Property Is not jeopardized. It a Ilen arlsas or is filed as a result of nonpayment. Grantor Step within fifteerm (15) days after the lion on3as or. N a lien Is cited, wllhin ficieen (15) days offer Grantor has notice of the filing, secure the discharge of the gon, or it requostod by Lander, deposit with Lander cash or a sulldent corporate surety bond or other secun ly satisfactory to Lander In an amount sufficient to discharge the Dan plus any costs and a8amays' lees ter of ar Oleiges that could accrue as a reset at a foreclosure or sets under the lion. In BOIIK1467ptia 482 241-0060 FINANCIAL TRUST 917 P05 DEC 17 199 10:19 WMI AGE Page 3 07-M-•1998 any contain, Grantor shW doMhd tsag and Lander and SW to* arty edwrsa Went before eMotcemmd ep¢ItM the Prapedy. Grantor ahsll name Candor as an additional obligee under any surety, b(ad furnished In the wrabr prow"f gs. EVSdana d payment. Grantor shut upon domand Wish to l.erxbr satiatactolY edderhee of payment at the texas or ers;aasmeds and shag suasodse tno approprheb govem renml cmebl to dallier to Lender at am limo a wrmw *warrant of the bum and assessmadS against tie Property. site funishsd, or any Nolte all Corutttsellorn. Grantor stmt nobly Lander s1 had lltaon (1? days hatters airy work is amnhet eed• any 8°t1pes Of materials as auPPtled to the P , N any ??b son. maYxlelman'a Win, or oawr lien could ba eraarted on account d 11"0 work aaMcaa or a and lib coal 96,0f Grantor WE uPW request Of Lander Nmish to Lander advance assuraneas satisfactory to Lender irmaboria that Granter ash and sun pay the and of such impmverrerds. PPoOPMM DAMAGE INSMMCF, The fdowing provklerna reldif to lesuring the property ere a pat of this Martgago. 1lalntanarba of Insurance. Grantor shaft procure and nykddn ,pdWm of vie lquerba with standard adiencied covaroga ondorsommts on it i Protons and maintain comPfQNMWe COMM replacement basis for 00 full cohiwencei dawtr, and with a Mard modgagoe douse min favor d Lander. ? ter sh ? a1 in gabOty Insurance to such coverage amounts as Lander may rteRenst with Lander baby rand as addlonal insurode in such liability Insurance Gewtor Shan policies. Additio r quire Polioias shag boor wridon by such Inauanae companies so in such form as may bye reasonably acceptable to Lender. Grantor shall dW wr to Lander certificates of coverage Nom each lesua containing a aspuld ion that coverage wall not be conoogsd or diminished wtnoat a minlmum of loo 110) days' Pner written notice to Lander and not adairlng arry clscWff err of the insurora liability for failure to ghw such noaote. Each InanrarhCe policy also Shag include an endadomeat providing that caverege In favor of Lander will not be Impaired In any way by airy act, omtosion or debtua of Grantor or any other parson. Should the Neal Property at any time become located In min aria designated by the Director of the Federal Emapency Maragamant Agency as a Medal food hamrQ aroa, Grantor agroaa to obtain and nbinwrn Federal Flood Insurance for the full unpaid principal balance of tho Loan, up to the m odmum policy Imrs ad under the National Flood insurance Program, or as othorweo required by Lander, and to maintain such Insuarra tor the term of the ban. Application at Proceeds. Grantor shat promptly,notliy, tender of any tow'or damage to the Property If the admitted cod of repair or replacement exceeds M.01 Lender may make proof of less g Grantor fags to do so within ftlearh (15) days of the casualty. Whether or not Lorhdters secudN h Impaled, larder tray, ai r9 alactlon. apply this proceeds to the reduction d the NdaCbdnass. Payment of any lion artactlng the Ftapsrty, or the rwroretlanend roper d the pnaPerb., If Lander soda to apply tote Procsteds to rostorntlon and repair, Grantor shall mpak or replace tie daresgad or dasNcYed Impmwmenb to a manner samd+tctay to lender, Lander snail, upon setsLactory prod of such aglmd iue, pay err rtirnbnaate Grantor from the Proceeds far tw naecrebb ccd d ropatr err rmtoraton t Oraior is not In default under t& Mortgage. Any praceade wNch have rbt Mean dtabwmd within Lao delis emir that re apt and witch Lerhdter Iw not eommtttod to to ropaN or rosloragon of the Properly star ore used first to pay'arrv amount owing to Lender urlder Lis MMgige, tlton to pay eccruod Inlerast, and the remainder. II any, shoo too appgod b the prioclpat balance d the Indabtodnsss. II Lando hods cry proceeds alter paymaot In hail d the Indebtedness, such procoods shall tea paid to grantor.'. Unesphsd Imsutarlq at Semi. My eesxpired ireumna airs boa to the Owmgt d, and prue to, the purotnaser d the Property covered by the Mortgage et airy Nuake's sorb err ottner sale hold under,itheProNslees d this Marglage, a at arty faoclaure mite d such Property. Gramlor'a Naporl an inwranae. Upon request of Lander, hovlmw flat moo than aria a yaw. Grader shag furnish to Lopder to repot on each then cilia policy of such)pthe narref rop", d thei mourner of of determining tW YWuwanddo(a o NWOn(ddab the property of List sLy.uGrantor shop, upon request of Lander, have an independent apprabor satlebcfary to Lander debrmlrb the ash value (oplaeanbd cod of the Property. EX12001111MM BY LENDEFI. If Grantor fails to eompfy with any pra ton of this Mortgage, or S any action or proceoding Is comm=d that would ma*iW elect Lender's InteresLS In the Property, landar on Gnuf fs behalf may, out shall not be required to take cry action that Lander deems approlxbb. Any amount that Lander mends in so doing wa.bea Interest at tin rate provWW for In IM Note from the dab Incurred or paid by Lander to tiro doe d repayment by Grantor. Ail Such axpenass, tl LendWs coon, Will (a) bo payable an demand, (b) be added to the briunce of the Nob and ore appartlonad among and tea payebb wAh am/ Imtatlmant paYataotn'b bacons duo dudnhg other g) to term of anyappl able imurf nor pplofaayy 4 (u) tiro rerrWdng term d the vide, or (c) be Nabs m a baMen pa M whlen will W der and payable at the Nobs restudy. This Muynpe a so w11 securo psymaM d these omounu, The rgMa provtoad Car In Lis rA apr4f A h anon bb In addltan to arty shin rights or any remedies b wfieh Lander rimy tea ongtisd on axaud d the dafaW. My auoh actin by Lander shill not too anefrned w oroing the default so as to bar Lander Iran arty reneuy mid t otnerwee wonyd haw had.; GrantoYa, othtlgatlorn b, Lendor:for erg aueh o?psesas athW swAve the entry of any mortgage WANRAITMY; OFFENSE GP TtTI.E..7ha rglowing provhWtre rW¢Gne to gmaaltgi d the Properly ate a pat dthla Morlpage. pto, encumbrances chair than these W IorChtn tths?Red aPrap ity deea?tlai ard'm awaryry t 6 tnsLaa Pet i, raid Mb clev of opinion ?Issuued In favor of, and accaDled by, Lander In cennoction with this Muplfago: and-(b) Goo has tho full right, power, and out idly to exe cule and deliver this Mortgage to Lander. ` '. Defames of TM. Subject to the aabption In the paragraph above, Grantor warards and will for" dsfand the tltb to to Properly against the Lawful claims of oil parsons. In the ewe any action or proceeding is commenced that glfestona GmnW% title or the Intereat of Lander under ft Mortgage. Grantor mid defend the action at Granter's Ma nom Grantor may be the nominal party In wch pnsceading, but Lender shal be AmMod to participates in the proceeding and to be ropfaeeded in the proceeding by oouese Of Londer's own choice, and Grantor Will denwr, er mum to be dolhwW, to Lender such Imtrumbda as Lander may request horn time to Brno to permit such participation. CompteNe With Lewes. Grantor warrants that. the property and Granble use at the Properly compile with all mrbsng applicable laws, ordlmncor, and regulations of gcvsmme)dal adhmXbe. CONDEMMATION. The fdiovdng provisions (doing to condPa rAlllloon of the Property. are apart of this Morlgage. or Lccrmo maln In Iosndamrmtlitderl maiy al ti Ploclon,raquYe Itet W err cry parson d the nddoproaads pmcoodlngs or by laward tea appited! to Ow or the reWk or rsstaretion d tiro P operty. Too not proeoeds d the awed ahW moan tiro award otter payment d or actual costs, atones, and 4ttomays' bas Incurred by Landes in annaction elm tit andamrwtion '. Aacaodla0a. If arty Pmoeediag In conaamnWarn b ores; Gredor shat promptly rwtlN Lando le wining, end Grantor 00 promptly fake ash steps as may tea r aasaary to detand tie ectien and obWn tie award. GmnW may be tiro namuwl Party In such prcoasting, but Lards shag be ' be dollvered?lo lenaWor such Instrurtar?imaas may be by t komb rro b PorMtdjgNecawn?c?gonnd Grantor VIII deghnfl or caw/ to >..; IMPG91TIOli DF TAXE9, LEES ANO CMIANGES BY GOYOIlLgIR1iTAL AL1TNOftITiFS. Thor faaowdrp prpNa(oro rebtng to geAnfrow l taxes Mas 241-0060 FINRNCIRL TRUST 07-02-199e MORTGAGE Continued) 917 P07 DEC 17 199 10:21 Page 4 and charges are a part of this Morl09e: by smn docu orn all 10 ro er ac ioonn isnrequestedted by Lan der W parted a d inua lendofs fwwnn on the Red ProPeM• I G rainier oshaA rag without mortgage and whatever whale er tloscdbed blow, togodhar 0 ati aspa"ms incurred in recording, prlrtootirl9 or continuing this Mortgage, including wthoul [Imitation all taxes, Wes, documentary stamps, and other cftarges for recording or regst ring 006 Mortgage. Tans& The followug shati constitute Weas to which this section applies: (a) a spocaic tax upon this type of Mortgage or upon as or any part of as Indebtedness sacuro l by this Mortgage; (b) a specific tax on Grantor which Grandy Is authorized or required to deduct from paymarss on the or the holder of the Note; and Indebtedness secured by this type of Morlil (c) a tax on this type of Morterg Interest madethe Grantor. (d) a specific tax an dl a any portion of the Indebtedness or on payments of principal tls aVOnl altep have Ihb same Subsequent Taus. It any tax to which !b6 section apprws is onacted subsequord to ere date of this Motgag , I as Provided an Event of Default her (orb defined below). before A becomes deoxercho linquent. connbs hthe ? as proov'ded abo in the TUI,x s and Units affect below unless Granter either (a) pays ys t section and deposits pasls with ith Longer cash or a suttieiont corporate surety bond or other security satisfactory a as a a security ' Mod as agreement are a pad of this L.?j 1, .k. SECURITY AGREEMEW; FINANCING STATEMENTS. Tho following provisions totaling to I-- Muds Mortgage. Saeudty Agreement. This instrument slue constitute o security agreement to the extant any of the Property coratitulOG Assures or other porsanal property, and Leader shell have a:l of the rights of a secured Path under the UNfamn Commercial Code as amended from byre to tlme. Security Interidat. Upon request by Lander, Grantor shelf gmoyta financing statements and tako whatever other action Is requested by Landow to )e fact and continue Lander's security Internet in the Rants and Persona. Prop". In Waltlon to rocomkg this Mortgage In the real properly recatls, Lender may, a any nmo and wllhaut lusher a xhotzation from ;Grantor, A a e mcuted counterparts, copies or reproductions o01) this µarOjage as a financing sNtement. Granter shag reimbura0 Lander 10f err axilanses Incurred In pedeetlrg or codnung this soeudh' fnbrosl Upon tlaau8l, Grantor shed assemble Mo Personal Woperty in a manner and at a platy reasonably Wrhvardent to Grantor and Lander and nuke N avedabw b Lender within three (G) tan altOrrecelpt ct Wriaan demand here LendaM. from whbh inrormatlOrr cbnowning the security Interest Addnaeeei The mating addrovaas a Grantor (debtor) and lender (sectaed'pwlyb gnm"ted by itds Mortgage may be obtained (each as reghrmd trv tie Unitorm DOmr110ncial COdO), hie 65 gtated Ohl the first page Of this Mortgage. FUmm AgSBRANCESi ATTORNEY-INTACT. ;Tine tdlov/ing fxoNsloru ielatlrhg to further assutarhCaS and etonheY'in-W are a pad of this Mortgage. Furatp' Aeaurances. At wry time, and from time to afire, upon request al Lends, Grantor will make, execute and deliver, or will cause to be made, eomeulad or derhicred, to Lander or'to Lenders dosgnooa and when requested by Lador, cause to be tiled, recorded, rallied, or and! rerecorded, of trust na the con may . be, security agreements, Ilmes me? finarddM srr?s, cm nas Lender ation statements,insWmants Of ,fudnar assurance, NACaes, and other , msecurity erits or doskablo In order to ertectuala, complete, petact, confinua, of end (a) the ms as may. to the er said under tity of Not*, this be Mortgage. and airy the Related Documents, and (b) the lions and security Interests preserve (th to ogap as at Grantor undder the p , whether now owns or er hereafter acquired ted by xis Mortgage tall and priorhers the Rall reimburse Lurse Lender for all costs s and e and xpanshAs by IncGrantor. urred In eonnateon wtnbthee a bylaw or agreed to she contrary b by Lender in wraing. Grantor shW.re maters rearred to in this paragraph.. Attorrbyaefact. If Grantor foils to do any of the Who ratened to in the Preceding paragraph, Londer may do so for and In the name of Grardor and at Grantor's oxperrse. For such purposes, Greater hereby Irrevocably appoints Lander as Grantors ahonnoHn-Wet for the purpose of ma Ing, executing, dosvedng, Wing, recording, and doing all other. things as may be nocosssry or desirabl0, in Lenders solo Opinion, to accomplish the natters referred to In the precelditp paragraph. rtOfms all inn obligators Imposed upon Grantor user this Flail PERFORMANCE If Grantor pays al the Indebtednss' when duo, and otherwise pe Mortgage, Lacier shat execute and ddhror to Grantor a suitable satiaacaon of (his MW%ago and suitable statements of termination of AM innandng statement on file evidencing Lenders security interest In the'Rens and the ParsdnalProparty, -Grantor will pay, t pmmMed by applicable any reasonable tormbntion fee as daermined by Lander from time to ante. , . DEFAULT. Each of the following, at the option of Lender, sell carsaluto an event of defoUA ('Evart of Dofaulr) under this Mortgage: Default on ndeaMdnnesa. Failure of Grantor to make any payment when duo on the Indebtedness. . BOMII on Otlror PaaymMte. Fad him of Graf 9W within the lima tortured by this Mortgage to make any payment for MM or k1strance, or arty other payment nocossary to Prowhnt fling of or to ottect discharge of any don. COmptiMCe BCaW4 Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Mortgage, the NOW or In srry of the Rolated Documents. Default in Favor of Third Pmtrea. Should Grantor aolauh under anry loan, extension of credit, security agreement, purchase or saes agreement, or any attar agrooment, In favor of any otter creditor or person that may materially aped any of Grantor's property or Grantors ability to repay the Note or Grantees ability to perform Granters obllgdors under this Mortgage or any of the Related Documents. Face Stadgtbrda Any warranty, rapresentatton an statement made or tumishod to Lando by or an behalf of Grantor under ads Mortgage, the Nom or the Related Documents is false or mislodding in arty malaria respod. either now or at the time made or banished. Defaut!" C0119 "Won. This Momgaga or any of tab Related Documonb coosics to be In lull force and Bled (Including btium of amy collateral documents to create a veld and par*w security Interest or lien) at any tlme and for any Mason. Deena a Ineolvenay. The death of Grantor or the dasdufion or termination at Grantees o>oaWnco as a going business, the insolvency of Greater, the appointment of a receiver for any part of Grantees property. any assignment for the barest of aomtors, any type of aodaor workout, or the commeriament of any procooding under any bankruptcy or Insolvency laws by or against Grantor. Foreclosure. Foddtarn, ale. Commann9mont of raocloswb or fortattre proceedings, whathor by )udldal Proceeding, sea-help, repossaedon or any other method, by ON creditor of Grantor at by any governmental agency anent any of the Property. However, this subsection shelf not apply In the avant of a god Win dlspubs by Grantor as to the validity or reasonableness of the calm which is the bees of the fomdocur s of forob lum Proceeding. provided that Granter Gives Lander wrtltan noaco of such claim and furnishes reserves or a surety band for the clam satisfactory to Lender. Breach of Other Agr"Fil Any, bbreach by Grantor under the terns of any Othor agreement bd~ faGra dntor n Lan obligation r that Is onot f Gm within any grace period provided lherain. Inelrading without Imitates any agreement concenng any Indeb or other ater to Linder, Whether wtistirg now or later. _ 4 AV7 AAA Ue v! ti PYu% (ACFy 241-0060 FINANCIAL TRUST 917 P08 DEC 17 199 10:22 07-02-1998 MORTGAGE Page 5 (Continued)' Events AfW1119 Guarantor. Any of the preceding Wont occurs with respect to any Guarantor of any of Ina Indebtedness or any Guarantor des or becomes incompetent or revokes or dspubs the validly of, or liability under, any Guaranty Of the Indebtedness. Adverse Change. A malerleh Adverse champ occurs in Granta8 hnancial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is impaired. Insecurity. Lender In good faah dooms itself Ioseeure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, lender, at Its option, may ecarcise ary one or morn of oe faGowng rights and remedies, in addllfon to airy other rights or remedies provided by law: Accelerate Indebtedrum Subject to appriabb law, Lender shag have the right at Its option without notice to Grantor to doclam the ardim Indebtedness immediately dug and payable. UCC Remedies. With respocl to all or any part of Its Personal Property, Lender shill have of the rights and remedies of a secured party under trio Uniform Commemial Cade. Called Rents. Lender shell have the right. without natlea to Grantor, to take possession of the Property and collocl the Rents, Including amounts past due and unpaid and apply the not proceeds, over and above Landers costs, against Ilia Indebtodness. In furtherance, of this right. Lender my require any lament or agar usw of the Properly to make payments of rent or Lou; fox directly to Lender. If the Rents am collected by Lender, than Grantor irrevocably designates Lander as Grantor's attornWri-lad to endorse InsWments received In payment thereof in the name of Grantor and to negotiate the same and called the proceeds. Payments by tenants or other is= to Lander In response to Lender's demand shag satisfy the obligations for which the payments are made. whether or not any proper grounds for the demand existed. Lender may exarcse its rights under Ihis subparagraph either In parson, by agent, or through a mooivor. Appoint Receiver. Lender shag have the right to have a receiver Appointed to take possession of all w any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sob, and to collect tit Rents from the Properly and apply the proceeds, am And above the cost of the receivership, against the Indebtedness. The reviver may save Without bond If permitted by law. Lender's right to the appofntreenl of a receiver shall 0*1 whether or not lie apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by lender shelf net dtspuatiy a poison from serving as a receiver. Judicial Foreclosure. Lander may obtain a judicial docroo foreclosing Grenta's Interest In all or Any part of the Property. Possession of ins Property. For the purpose d procuring possession of the Property, Grantor hereby authorizes and empowers any allomay of any court of record In the Commonwealth of Pennsylvania or etarwhao, as aftomey for Leader and all poisons claiming under or through Lender, to sign an agreement for entering in arty competent court an aadablo action In ejectment far possession of the Property and to appear for and confess judgment against Grantor, and Against all persons claiming under or through Grantor, for the recovery by Lender of possession of Ins Property, without arty stay of execution, for which this Mortgage, or a copy of this Mortgage Ve faad by aMdavll, shall be a sufficient wwmnl; and thereupon a writ of possession may be issuod forthwith, without ary prior writ at proceeding whalmcover. Non(udicial Sale. If permitted by applicable law, Lander may foradow GrenloeS Interest In all or In any port of the Personal Property or the Real Ropey by nonludidal sale. Deficiency Judgment. Lender may obtain a judgment for any doWency remaining In the Indebtedness duo to Lender after application of all amounts received from the exercise d the rights provided In this section. Tenancy at Sufferance. If Granby remains In possession of the Property after the Property Is sold as provided above or Lander otherwise becomes entitled to possess on of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lander or the purchaser of the Property and shag, at Lenders option, either (a) pay a reasonable rontal far me tae of tie Property, or (b) vacate the Propery Immediately upon The demand of Lender. - Other Remedies. Lender shag have ail other rights and remedies provided In the Mortgage or the Nate or AVaildblo at law at In equity. Sale of the Property. To Its extent pornetted by Applicable law, Grantor hereby waivas any and all tight to have the property marshalled. In exardsing its Nnts and ramedles; Lender shag be Iran to self all or any pan of the Properly together w soparatdy, In one sale or by seperale sales. Londe shag be entitled to bid at arty public sale on all br any portion of the Property. Notice of Sale. Lender shall givo'Gramoi reasonable notice of the time and plate of any public sale of the Personal Property or of the time agar which any private save or other intended disposition''-d the Personal Properly is to be made. Unless otherwise required by applicable tow, reasonable notice shag mean notice given at best ton (10) days before the timo of the sale or disposigon. Waiver; Election of Remadlea. A waiver by any party of a breach of a provision of this Mortgage shall not Constiluto a waiver of or pfejumce the party's rights otherwise to demand strict compliance with that provision or any other provison. Election by Lender to pursue any remedy shag not exclude pursuit of arty otter remedy, and an oloction to make expenditures or take action to perform an obligation of Grantor under Ihis Mortgage attar fallum at Grantor to perform shell not affect Landers right to declare a'detault and mrorese its romadbs under tlda Mortgage. Attorneys' Fees; Eapenaea. If Lender Institutes any suit or action to enforce any of the terns of this Mongago. Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' tees at trial and on any appeal. Whether or not any court action is invorm, art reasonable expenses Incurred by Lender that in Landers opinion we necessary at any limo far the protection of Its Interest or the enforamenl of Its rights shall tecone a part of the Indebtedness payable an demand and shall bow interest from the dale of expenditure and repaid at the rate provided for in the Nom. Expenses. covered by this paragraph include, without Gmftation, however subject to Any limits under applicable law, tenors attorneys' fees and tendons logo expenses whether or not there is a pawsulf, Including attorneys' foes for bankruptcy proceedings (including efforts to modffy a vacala any automatic stay or injunction), appeals and any Anticipated pmt-Judgment collection services, the cost of soarchlno scads, obtaining this reports (including faecloaae reports), surveyors' report, and appraisal fees, and title Insurance, to the indent permitted by applicable paw. Grantor also Will pay any court pats, In addition to all other carts provided bylaw. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in writing, may be sent by telefaesimlb (unless othterwise required by low), and shall be ~Iva when actually delivered, or when depesltod with a nationality raMnand overnight courier, or, If malled, shall be doomed eWvo when deposited In the United States mail first doss, caniaod or registered melt, postage prepaid, directed to the addresses shown new the beginning of the Mortgage. Any party may charge its addess for notices under this Mortgage by giving formal whiten nags to the other pages, speolyfng that the purpose of the A0ti00 is to Change the party's address. Ail copies of nofts; of foreclosure from the holder at any Ilan which has priarfy ova this Morfpago shall be sent to Lender's address, as shown near the beginning of this Mortgago. For notice purposes, Granter agrees to keep Lender Informed at all times of Grantors current address. MISCELLANEOUS PROVISIONS. The following miscallaaaous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, eonswulas, the entire understanding and agreement of the parties as to the eooK1467rav.385 I f I ' i I ; ,f 24 te 1-0060 FINRNCIRL TRUST 1 917 P09 DEC 17 '99 10:23 07-02-1995 MORTGAGE Page 6 (GonUnued) Marra sot forth in this Modgaga No alteration of or amondnerd to this Mortgage shall be effective unless given In writ na and signed by the parry or part %sought to be charged or bound by the alteration or amendment. Annual Reports. If tla Property Is used for purposes other than Grentors residence, Grantor shall furnish to Londar, upon request, a oertified statement of net operating income received from the Properly during Gmntoes previous kcal year in such form and dbtall as Lander stall require. Tat operating IncorW stall mean lip cash receipts from fhe Property I= all cash eapendituros made in connection with the operation of the prop". Applicable 4w. This Mort(laga has been delivered to Lander and accepted by Lender In Me Commonwealat of Permsyhrania. This Mod" shag be governed by and construad In atxatlence with the Iowa of the Commornvealth of Ponnsylvadia. Caption headings. Caption headings In this Mortgage am for convenience, purposes only and are not to be used to interpret. or define the provisions of this Mortgage. Mager. Thaw shall be, no merger of the interests! of 051410 created by this Mortgage with any other interest or estate in the Property at any limo fold by or for the berwhi of Lander In any cap4city, without the written consent of Lender. _ Multiple Parana. An obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and evey Grantor. This means that each of the persons signing below Is maponsrble lot all obligations in this Mortgage. 9teeteblllH. 11 a uealt urt of compelont jueisdlction Ands any proviaon of this Mortgage to tea Invalid er urenforceabib es to any paman or dn;umslance, such finrAng shall not reactor thud prmrmlon Itrvatid err unenlorceabb as to arty other persons a dreumstanGes. If faawh10, any such of orldhtg provision aln be, daemod to tea modtrd b be Within the pmib of omorcoebivry w vepCrty; hovmvar, if the oNending provision cannot be so motlitted, It shop tea stridden and ea tenor pmv?ons of tab Mortgage in W ctha respects shall rema n valid and enforceab e, Sudcosams+d Aaalgns. Subjaet b the amltations stated in MIs Mortgage on uanafer m Grantor's ima®L IMa Mdlgage shall be, binding upon and Inure to the bonaflt of the pattlas, tittle heirs, personal represeMativea, succa?ars and assigns. If ownership W the hacomes vested In a person other than GreMdr, Lander, without notice to Grantor, rteY deal vritin Grantors sttdxessors with referonca lot " Mortgage and the Indebtedness by way of forbearera? err asfenston without relaasing Grantor from tide obllgetiona of this Mortgage or Inability under the Indebtedness. Time Is of the E,uence. Time Is of the essence In the pomermando of this mortgage. Waivers and Consante. Lands shag not be deemed to have waived any rights under this Mortgage (or under the Rotated Documents) unless such waiver is In Wnfing and signed by Lander. No delay at ombsion on the W of Lando in exercising any right shell operate as a waiver of suCh right or any other 'righ L A waiver by any patty of a provision at this Mortgage shall not constitute a waiver of or prejudice the pangs right Loo rider endro demantlshec c compliance s waiver that provision onrany now provision. No prior waiver by Lender, nor any course of dealing berwam consent by Carter is requited In this any Aphis or any of Grantors obligations as to any future banseclions. Whenever Mortgage. the granting of such consent by Lender In any insigne shall not constitute continurng consent to subsequent irmWxes wttrro such corrent is requbed, EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GRANTOR: 111!11 :;!g 15115; ?Wgg.'7 I .Thrash, J. / . Etaner A.ThrWhW -vim ark SIWMO, adwowedged need In Ilia presence of. CERTIFICATE OF RESIDENCE I hereby dertity, that the precise addrow of ere m611peg40, FInWW W Trost Company, heron Is as follows: One Weat High SIMML Cadide, PA 17013 Allerne errAeenl Iv MVletgse ? oood46I PAGt e3% 241-0060 FINANCIAL TRUST 917 P10 DEC 17 199 10:23 MORTGAGE Page 7 0742-1998 PnUnued) ?, 1tIII w . \ t i On this, the Y ?"`• 19 before rtla _.- n to be d 11 - day of 1P D. Thn+d4 I F1eaNN !4 Thy, known to IIW the tar aatl5factelaY Preva 1 undof thl Not- PubGCI Pelday off eApar+ed ttaan dOnlailred. who Purposes se names are subsdvW to the wllfun msWmmM• and mcklloMed9ad that they e,eeutod the same for In Wftne. Wlgreofl I hereunto met my held and Off l seal. . Moto PublIC In and for the Slate Of ' LASER 1`11I USPaLtLM. 011.. v,r.0.33 (cI7G,e0FIN'oSWb„•Inc. All rmCMa•tPA-a,3THRUnHAR.LN C&Ow ' .. . Hf.TAiGLBFN• ' 9A4I0? W. Yi1dE51 ?? t . f1riJ.44£ TARO.. ?tpgdAY,a V.19 ' MY CONHtSY 6t{1GLi JOLY p7.1999 ALL that certain lot of land with the Improvements thereon aitucLte {•in.ai•. :• In Dickinson Township, Cumberland Cooot;y, Pennsylvania, bounded and described as follows: BEGINNING at a spike In the centerline of Pennsylvania Route No. 174, on the line of land now or'former]y of Glenn Gilbert; thence along the latter, North 10 degrees 00 minutes 49 seconds West, a disstanoe of 189.93 feet to an iron pin on the line of'land'retained by the Grantors . herein; thence along the latter, North 79 degrees 09 minutes 40 seconds East, a distance of 269.29 feet to as iron PIn; thence along the same, South 08 degrees 01 minute 42 seconds Esat, a distance of 187.00 feet to a spit in the centerline of said Pesnaylvania..Route No. 174; thence along the latter, south 78 degrees 30 minutes no seconds Past, a distance of 262.88 feet to a spike, the Place of BIM11KHM. CONTAZaTINO .969 acres and being described according to a final subdivision plan for Paull Thrush, Sr., by Wilbur N. Clifton, R.S., dated Joel 29, 1978, and recorded in the Office of tbe.Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Hook 33 •, Page 76 , and being designated as Lot No. 1 thereon. RUMP PACE +387• the FNt•M-W81MAIpM, uen ram. M N Ibe-Mnneb Off PhOWNWdIne Pa. N,nry N,II, Inc, nO???u Tbtrf; ubt MADE THE LS day of of our Lord one thousand nine hundred seventy-eight (1978) BETWEEN PAUL D. THRUSH and MARY C. THRUSH, his wife, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called in the year Grantors , and PAUL D. THRUSH, JR. and ELEANOR A. THRUSH, his wife, of R. D. N5, Box 459, Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantees : WITNEBSETH, that in consideration of One and no/100----------------------- °*-----°°°°-°°°-----°($1.00)---------------------- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee s, their heirs and assigns, as tenants by the entireties ALL that certain lot of land with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the centerline of Pennsylvania Route No. 174, on the line of land now or formerly of Glenn Gilbert; thence along the latter, North 10 degrees 00 minutes 49 seconds West, a distance of 189.93 feet to an iron pin on the line of land retained by the Grantors herein; thence along the latter, North 79 degrees 09 minutes 40 seconds East, a distance of 269.29 feet to an iron pin; thence along the same, South 08 degrees 01 minute 42 seconds East, a distance of 187.00 feet to a spike in the centerline of said Pennsylvania Route No. 174, thence along the latter, South 78 degrees 30 minutes 00 seconds East, a distance of 262.88 feet to a spike, the Place of BEGINNING. CONTAINING .969 acres and being described according to a final subdivision plan for Paul Thrush, Sr., by Wilbur H. Clifton, R.S., dated June 29, 1978, and recorded in the Office of the-Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 33 ', Page 76 , and being designated as Lot No. 1 thereon. BEING part of the same property which George W. Weitzel, widower, granted and conveyed to Paul D. Thrush and Mary C. Thrush, his wife, Grantors herein, by deed dated August 17, 1948 and recorded in the oaf 28 nccE 40 Office aforesaid Ll Deed Hook RWI', volume 13, Page 433, This conveyanoe is a non-taxable transfer from parents to eon and daughter-in-law. AND the said grantors hereby covenant and agree that they SOM warrant generally the property hereby oonveyed, 1 NCL (J fil APOV n SAM S ^' M° c r ?NS d M W IN WITNESS WHEREOF, told grantors have hereunto set their hand a and neat a the day and year first above written. Atnw. Auld Ed ptoon a In its 31ftwM of State of PENNSYLVANIA PAUL D. THRUSSHxn L?. v?y?? ?n e1 Ai, « « AL _.. emAL Norw County of CUMBERLAND }ae. On this, the LS' day of 1 19 78, before me, the underapned offer, Personally appeared Paul D. Thrush and Mary C. Thrush, hie wife, k0own wt to MS -(Or aatisfadtorlly proven) to be theyereoa s who names Land aeknowkdpad that they are subaarlbed to the eaeoated same for the pwpaea therein J'R - : EREOF, !her get heed and ogklat e :?Ya ^ dov4L ?.. u ....`?a «..««..?...«...« ROGER', IA4:1 NO PAY PUBLIC nu. one . CARLISLE BOROUtl1.. LIL6np..GAY.Nn..««.««..«...........?..?......«...«...... MY COMMISSION E XPIRES 00. J. LPeo TtNe of Oglcer. of the raW I do hereby cenft/y that the precise residence and completey at oglce address named grantee eis /E.b d S, /bay Kf9 %p /)oP3 Lf !g 78 Xr? L. :Ott p;b, Attorney far O?enteee X28 NGE 414 Lam. I 1 t 1 I ;i I i .1 i i 1 I I 241-0060 FINRNCIRL TRUST 917 P12 DEC 17 '99 v J? 1 ........ u U COPY October 27t 1"9 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE no HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help to save Your home This Notice explains how the pro -4m works. Agency. This Notice contains important legal infonnalioa 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 fund a lawyer. LA NOTiFICACION EN ADIUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTiNUAR VIVM DO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OSTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIHA. PUEDES SER ELEGBLE PAPA UN PRESTAMO POP. EL PROGRAMA LLAMADO "HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME (S):` !: Panl D Thrush, Jt PROPERTY ADDRESS: 972 West Old York Road. Carlisle. PA 17013 LOAN ACCT. NO.: `. 313035-30015• ORIGINAL LENDER: )Financial Trull Coaioarrv CURRENT LENDER/SERVICER: K o e fnfncia(Hxnk N.A. 10:24 241-0060 FINANCIAL TRUST 917 P13 DEC 17 199 10:25 .Ar HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FO CLOS IRE AND HELP YOU MAKE FUEmE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACM, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECTOF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TFEMPOBARY SWAY 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 "face-to-face" meeting with one of the consumer credit counseling agencies listed at the and of this Notice. THIS ?sUMZK t:Rk;UI"C COUNSELING AGENCIES-lfyou meet with one of the consumer credit counseling Glea listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the of this meeting. The names addresses andteleohonenumbers ofdesignated ercreditcounseling Gies for the county in wh'g_h the property is located am set forth at the end of this Notice It is only necessary to duleoneface-to-fecemeeting. Advise your lender immediatelvofyourintentions. APPLICATION FQR MORTGAGE ASSISTANCE-Your mortgage is in default for tfie 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 FALL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TFUS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME RKMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available fuels for emergency mortgage assistance are very limited. They willbe 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 ifyou have met the time requirements set forth above. You will be notified directly by NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY. THE FOLLOWING PART OF THE NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruotey you can still apply for Emereencv Morfimee Assistaner ) I 241-0060 FINANCIAL TRUST 917 P14 DEC 17 '99 10:25 1 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it no to da(e). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 972 Wert Old Yor Road, Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: S 5134 (for 12/2198) 7,81732 ($1,116.76 for Jea/Feb/Mar/Apr/May/Juu/Jug 3,23430 ($1,078.10 for Aug/Sept/Oct) Other charges(explaiu/itemize): S 6IC24 Late Charges TOTAL AMOUNT PAST DUE: S11,717.20 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION NOW To CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $11,717.20 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made payable and sent to: Keystone Financial Bank N.A. 1415 Ritter Hwy Carlisle, PA 17013 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: IF YOU DO NOT CURE 'HE DEFAULT-if you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise its rights to accelerate the moneare 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 Your mortgaged proverty. IF THE MORTGAGE IS EQRECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt, If the lender refers your 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 attorney's fees that were attua0y incmted, up to $50.00. However, if Icgd proceedings are started against you, you wi0 have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within The THIRTY (30) DAY period, von will not be.rcouired to pay stfornev's fees. Qr= LENDER REMEDIES-The leoder may also sue you personally for the unpaid principal balance and all other sums due wader the mortgage. have have not cured the default within periormnte any timer MUtrements under the mortgage. c:unng your isetuun in we manner set term to guts notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSMLE S1IERIEWS SALE DATF-lt is estimated that the earliest dam that such a Sheriffs Sale i t of the mortgaged property could by held would be approximately four (4) men ce A notice of the actual date of the Sheriffs Sale will be sent to you before the sal EXHIBIT ?' ; ? r, to .241-6060 FINANCIAL TRUST 917 P15 DEC 17 199 16:26 r cute the defame will im=eae the longer you wait. You may find out at any time cmtly whet the required poymod or action will be by eanardng the lender. HOW TO COIt"''?CIM LENDM ac t we FlMegelel Bat1kL? Name of Leader: 4'g Rlte•r Hlahw!aY Address: Phone Number: t 10 41- Fax Number: ek y Ratehbsu ,TJ Contact Person. vtcr O 4?RtFl'S S> -YOU should realize that a Sherifrg sale will end your aw=-b(p afthe ntet property and your nett to ocapY it If you =tieue to live in the property after the Sheriff's Sale, a mortgaged - lawsuit to remove you and your f=L43095sad other beloo&p could be started by the lender at any time. p You May of may, eet (assumption is dependent Von original mortgage agreement) sell or transfer your home to a buyer or aansteroe who will sasr N to ao the sae ls mid thst the other the ounymdbtgMracnts, ettat ics and 41,y'* fees and costs are paid ON regttiremama of the medp a ate setiefied. YnMrv.v ?r, nveyp'ITt$ r • TO SELL M PROP To OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO AY OFF THIS DEBT. TO • 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 THREE TIMES IN ANY CALENDAR YEARS RIGHT TO OURE YOU YOUR DEFAULT MORE THAN DEFAULT. • 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 BELLEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY YWCA 301 G Street Carlisle, PA 17013 717-243-3818 Consumer Credit Counseling Service ofwestam Psamsyivania 7000 Liagtesmwn Road . Hturisbos& PA 17102 " 717-541-1757 ]eckv. Hutchison Asst: vice Prmident Special Assau 241-0060 FINANCIAL TRUST 1 917 P17 DEC 17 '99 10:27 _ , . `I • U is i'S'1 'COPY October 27,1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE enc . This Notice contains important legal information. If you have any questions, representatives at the Consumer CreAit 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 ADRINTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OSTENGA UNA TRADUCCION INMEDITAMENfE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIEA. PUEDES SER ELEGE3LE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME (S):. Fleenor A. Thrash PROPERTY ADDRESS: 972 Water- d Ca *I PA 7013 LOAN ACCT. NO.; 3 35.300 ORIGINAL LENDER: Byancial Trost Cama}nY CURRENT LENDER/SERVICER: &M one Financial Hank N-& EXHIBIT s 4 - 241-0060 FItJf1NC1AL TRUST 917 P18 DEC 17 '99 10:27 r HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM _ _._. ....m corlM RECL -- ffYOU COMPLY WITH THE PROVISIONS OF THE ROMFO ER'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. stay of foreclosure OF FO EC_ S -Undo the Act You are entitled to a temporary y attend a TEMPO RY STA from the date of this Notice . During Ihnt time you must arrange and on your mortgage for luny (30) days agencies listed at the and of this Notice. HIS with one of the consumer credit cotmtelNg F RE GENC face to-face" meeting -.....,.....n•i -rue. NEXT DAYS. OU DO _ ^ • vF ne0.T OF TFL1S of the consumer credit counseling nicer with one fnr thirtv (30) days after the only necessary to tcbedule one tace•w•m ???«•,6. - - e is in default for the reasons set forth later Your mort PLICA oN FOMO T es focESA ific formation aboiu the?ttattue of your default.) If you have tried and in this Notice (see following pag a i have the right to apply for financial assistance from the are unable to resolve this problem with the lender, Y To do so, you must fill out, sign and file a completed Homeowner's Emergency mortgage Assistance Pro ltg p with one of the designated consumer credit counseling Homeowner's Emergency Assistance Program A PP agencies listed at the end of this Notice. only consumer credit counseling agencies have applications for the prognun and they will assistyou in submitting a complete applcatioa to the PemrsYlveeia Housing Finance Ageoy. Your application MUST be filed or postmarked within Chitty (30) days of your face-to-face nice t& YOU MUST. FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR W YOU DO NOT YOUR APPLICATION FOR MORTGAGE TIME PERIODS SET P FOLLOW, ROCEED AIGAINST YOUR HOME IMMEDIATELY ANDHIS LETTER. FORECLOSURE MAY FoRTI1 IN ASSISTANCE WILL BE DENIED. ?? will be disbursed ?[aENCY ACTIOL-Available funds for emergency mortgage assistance are very liiw& Fioanca Agency W by the Agency under the eligibility criteria established by the Act. The Pennsylvania Hous ft application. During that time, no foreclosure Proceedings sixty (60) days to make a decision after it receives your cats set forth above. You will be notified directly by will be pursued against you if You have cn of i decision on onn our a lieadon. the Pains Ivanm Hoes Finance A G OF A PETITION Ui( BAI IKAUFTCif NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FIL1M ONLY IS FOR ATTEMPT E NOTICE COLLECTOTHE DEBTPURPOSES AND THE FOLLOWING PART OFTH NOT BE CONSIDERED AS AN Mortange Assistance.) v.n can still Apply for Eme eaey - - Ilw IIII?I 241-0060 FINRNCIFlL TRUST 917 P19 DEC 17 '99 10:28 HOW TO CURE YOITIt MQJiTGACE DEFAULT (grin It uo to date) NATURE QF ? 11LT--Tbe MORTGAGE debt hold by the above lender on your property located at 972 West Old York Raad Cs!HSIe. PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts am now past due: S 5134 (for 12/m) 7,!117.32 (51,116.76 far Jau/Feb/Mar/Apr/May/JudJul) OOxr3,23430(51,07&10 forAug/Sept/Oct) charges (explain/hemlze): S 614.24 Late Charges TOTAL AMOUNT PAST DUE: $11,71720 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION trotiee M TO CURE THE DEFAULT-You may turn the default within THIRTY (30) DAYS of the date of this BY PAYIIYG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $11,717.70 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. paymants must be made either by cash cashier' check certified check or money order made trayabk and sent to Keystone Financial Bank N.A. .1415 Ritner Hwy Carlisle, PA 17013 You can cure any other default by taking the follbwing action within THIRTY (30) DAYS of the date of this letter: IF YOU DO NOT CURE THE DEFAULT-]f you do not cure the default within THIRTY (30) DAYS of the date ofthts Notice, the lender intends to taereix Ira rigJlp to aeulerate the mo s debt This means that the entire outstanding balance of this debt will be comtderod due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past duo is not made within THIRTY (30) DAYS, the lender also intends to instinct its attomays to start legal action to foreclose upon vo?• n .t n d roe IF THE MORTGA EIS FORE SED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your 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 armmey's fees tlrat were actually incurred, up to $50.00. However, if legal proceedings are started against you. you will have to pay all reasonable attorney's fees actually incurred by the leader even if they exceed $50.00. Any attorney's fees will be added to the amount you owa the lender, which may also include other reasonable costs. Tf you cure she default v thlatheTHMTymcanev.....:..a.-..r:.,- ___._- -___. .. QW-R UMER R>rM MIRS.-Th6 lamer may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFA, T PRIOR TO SHFInS SALE-If you have not cured the default widrin the THIRTY 1301 DAY eennd and fh J.,.... mortgage to the same position as Ifyou had never defaulted. EAALIFCi P0$gU3LE SHERIFF S S ALE DATF It is estimated that the earliest dart that su Sligo of the MOMMed property could by held would be approximately four (4) m V? a Otte. A notice of the actual date of the Sheriffs Sale will be sent to you before the 7. C' x Jn-va, to R,r 241-0060 FINRNCIRL TRUST 917 P20 DEC 17 199 10:29 cum the default wi11 incrow dw longer you wait. You may find out at any time exactly what the required payment or action will be by coractlag the leader. ROW TO CONTACT THE. LENDI:'R: Name of Leader. jogaePlnanelsl Bank N.A. Address: 141515EftrHJgpsr v Phone Number.. (717!241-7759 F"Number: UI-W60 Contact Peeeou: m V. Hutchison et?PRCT OF gW ZE5 A"-You should realize that a SberifFs Sale will end your ownership of the mortgaged property and your ngbt to occupy it. Ifyou continue to live in the property %ft the Sheriff's Sala, a lawsuit to remove you and your famishiogs and other belongings could be starred by the tender at any tirne. ASSUMPTION OF MOA AGE-You may or may not (asa mpdon is dopetul m Upon original mortgego agFeanrnt) sell or t anss:r your home to a buyar or trimfferee who will assume the mcatMe debt, provided that all the outstanding payments, chargos and samney's fees and costs an paid prior to or at the Salo and that the other requirements of the mortgage are satisfied YOU MAY ALSO HAYE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBTOR 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY YWCA 301 G Street Carlls1F PA 17013 717.243-3818 Consumer Credit Coansefing Service of Wcoarn Peunsylvania 2000 Linecatowo Road Harrlsburg, PA 17102 717-541-1757 Simeeiely, ?i Asst Vice President Special Assets it: _• r w j r J U G • ?? 4-7 l i _. i