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HomeMy WebLinkAbout07-6928IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. G7'`f &%28 (2t "? vs. LUFF LAWN & GARDEN, INC., CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendant. I hereby certify that the property to be foreclosed upon is: 1590 State Street Camp Hill, Pennsylvania 17011 Borough of CampJ!Pll TarxParcel No. 2-W6-067 Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa I.D. #83746 bsolomon@tuckerlaw.com Beverly Weiss Manne, Esquire Pa I.D. #34545 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Brett A/Solomon, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. vs. LUFF LAWN & GARDEN, INC., Defendant. NOTICE TO DEFEND 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 this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK_FIN :311468-1000011-134073 AVISO Le han de mandado a usted en la corte. Si usted quiere defenderse de estas demandas expeustas en las paginas siguientes, usted tiene viente (20) dias de pla/o al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidasy puede continuar la demanda en contra suy a sin previo aviso a notificacion. Ademas, la corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisions de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK_FIN:311468-1 000011-134073 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 0 -7- 6 9 vl P ?rz c.•? VS. LUFF LAWN & GARDEN, INC., Defendant. COMPLAINT IN. MORTGAGE FORECLOSURE AND NOW COMES the Plaintiff, PNC Bank, National Association, by and through its counsel, Tucker Arensberg, P.C., and files the within Complaint in Mortgage Foreclosure, in support of which it avers the following: 1. Plaintiff, PNC Bank, National Association ('Bank"), is a national banking association organized under the laws of the United States of America with a principal place of business at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707. 2. Defendant, Luff Lawn and Garden, Inc., is a Pennsylvania Corporation with a last known address of 1590 State Street, Camp Hill, Pennsylvania 17011. On or about May 13, 1998, Luff Lawn & Garden, Inc. ('Borrower") executed a Promissory Note (the "1998 Note"), whereby Borrower promised to pay Bank the principal amount of $100,000.00 plus interest and other amounts as more particularly set forth in the Note. The Note was subsequently amended and restated to increase the indebtedness outstanding to $180,000 pursuant to that certain Promissory Note dated November 9, 2005 in the original principal amount of $180,000 (the "2005 Note and collectively with the 1998 Note, the "Notes"). True and correct copies of the 1998 Note and the 2005 Note are attached hereto collectively as Exhibit "A" and incorporated herein. 4. The obligations evidenced by the Notes are secured by a Mortgage dated May 13, 1998, ("Mortgage") given by Defendant, Luff, Lawn & Garden, Inc. ("Mortgagor") to Bank, granting the Bank BANK_FIN:311468-1 000011-134073 a lien on certain real property located in the Borough of Camp Hill, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded in the Office of the Cumberland County Recorder of Deeds on May 29, 1998 in Mortgage Book Volume 1456, Page 942. A true and correct copy of the Mortgage, containing the legal description of the Premises, is attached hereto and incorporated herein as Exhibit "B". 5. On or about November 9, 2005, a Modification of Mortgage was recorded by the Recorder of Deeds, Cumberland County, Pennsylvania, in Mortgage Book Volume 723, Page 4013 evidencing the increase of the indebtedness under the Mortgage to $180,000. A true and correct copy of the Modification is attached hereto as Exhibit "C" and incorporated herein. 6. The Borrower is in default of the provisions of the Note and the Defendant is in default of the provisions of the Mortgage for failure to make payment when due. The Note is due for August 9, 2007. 7. The Defendant is the record and real owner of the Premises. 8. There has been no assignment, release or transfer of the Note or Mortgage. 9. The amount due to Bank under the Note and Mortgage as'of October 25, 2007 is as follows: Principal $163,078.14 Interest through 10/25/07 (continuing thereafter at 1,448.53 $33.9746 per diem) Late Charge 500.00 Costs To Be Added Attorneys' Fees 1.015.00 TOTAL $166,041.67 10. The total amount due to Bank under the Note and Mortgage as of October 25, 2007 was One Hundred Sixty-Six Thousand Forty-One and 67/100 ($166,041.67) plus interest accruing from October 25, 2007, costs and reasonable attorneys' fees. BANK_FIN:311468-1 000011-134073 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of One Hundred Sixty-Six Thousand Forty-One and 67/100 ($166,041.67), plus continuing interest at the contract rate, late charges, reasonable attorneys' fees as authorized by the Note and costs of foreclosure and sale of the Premises. TUC R E , P.C. By: Brett A. Solomon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BANK FIN:311468-1 000011-134073 Page PROMISSORY NOTE Pirhle?1111 Amcuft :140.000.00 IMtld Rdw 10.000% Dd0 of How: May 13,1990 In TO PAY. LINE, L&VM a IIANOEII, INC. f ft?0?11 - -I b M b !MC HANK, NATIOMAL AAIOCIATIOM (1.M1/0r'), er a00r, In barM ataaar d tlfa UNION 9Ulaf l Anaerlpa4 so pUNpr anoWmt atom tlttnrdfae TtraWrarrld i MHOS taaisaa It/ao?IIM aft of M ltladl as di01n are ?wlb UMrwt an ar "Mm" WYAU"alna Phndwa bdwmm of aaeh mkwb*a. IMSeaM ONE be 1 IrsA Aan11As nPtyw,erIt of 006 adrr0rot. PATMOr. ft 011001 IS Pq Oft ban to aooorderroe wah ti,4 satiuwfn0 pryAaM sclw&re: r:t Paat,,,ar 11,,E err fa?+rr aferlMllr oaffaarfle d AOatfwe Orterasl an 10 01114 C) bllfsl raeae 0 ad an aliaammed Il I I PbaN1M 100 dus an ft mom day of m" Ana b aW 90 MRS Cyde nts AL offer pry tWO IOM In aaa Per mew d a1 Mr1aY1adr1 truer aNla d apCRtad Inlarad on 114 dgrbraon Dala• •en- may echoer. Dow alsadma wNarewt bat,esder aaif so Odf. at *d b Pea Ut1Na and 000dlffnw of Olt NOW TM •Tbr*bdon Dab' as" NAY Ta, look of Audi d10 se INSq w 1 l1l18 1 1 OF WOW BOOM ROM Lesser 10 ON cower MA in at swat alter Out tan11W artrlaaraerP d fuA dent dOAS /Isle. Mntrar ad4law00 a- and *pmee tlwt In no emd va L r M alder am dWPeOoa to aafaad w MOW 110 IOON ar 111.0010 Oared Out Orlfal "fnMeu Deb. In no .rent .etas M ammome ur1PMd PrI "I l aaleard of aaraaeea ewdar Oda Ibla Aaoerd Ow Una.haunt d thU Teel.. 80 Gwer WO Per tandw d Laendeft ad*m dawn aborre or Al such der paps as Larrdo may daapnais in womw tlrleas owwwts. agreed a W*Sd by aOOMb tnr. POW 10100 WS be WPMd ant % aeaued unp old lift t fan to prfndpal, and any snaking amount to any unpaid ocOaP m comb and Iab darpra. YA'WMZ Mtn"' RATE. The k*md sale an tlrY Nola Is NOW b pfWW Irdm Ilan to Ines based an changes in an Ydapenom kW= wMCh k the 140 I POW Raft an p,baaked k, No Harm Rohe Wagon d The Wo SkW jMN M (ft W ma The Indam b not n mmMly V a lowed oft clasped br Landes ca Nn Iona If fay brdaf eeeonles tar vat Is dlakp Ole Tana pf ttla loan. L arrdrr .lay daegrrd. a alrbsabrle k,a.rr.a.r nano. Joan r. Lander hs loll Oar-aim tfre anon. ands. roe upon Solo" 161140. Oonowa understand. oad Landermar rracefoene based an oeW rdn fates as wM TunIriOd mIDo ha,rpe nsa rat.oar heron den tfwn tad, month The awls. kr a !RAq tide b dalernirwd an fns arat day a Md VOID bUW on ties bmea tar the Tara day of to papedrrp arwrear month whteh is rm"%& kiaest an aft Nola 18 GwMxftd Veer d 3MMW days, by applykn0 ties rdo d Ile arnnW Yrbrasf rats an fay brat an We basis of • 0 1 dic rate, -NO~ by go .mope dely belarlea during d0y d fay t m w ce of days tsar of ft Cy6 days b 04fein • dap ?r0 Ctn. nnr?0ad by to m nulmrbar days in ties a1w4 Cycle. tli+p f-yda moans Ow moWW bftmd bdaea, ra0dar pwb& eryarefrIe The rda pMnnsr IN Lan pd WAPM . lies baere.t ant to ee GPPf d 7a ties unpaid t1AIR10e d Ode Ilels wtfbe We nde d 1 f00 peraeabPa Pdaq WW OR Y10ilt, "10001% IN M br11Ia1 rant of teAM?t per asddaa. IWi1G? IJrldar no drmrAlerlosa vr0 0+e trlneM rNa on via Nde ba moea Man Mn mw&rmn me allowed by appaemla law. PINPAYMZl1T. Panderer may pay wafro,t Pa y d a a portion of ties amount owed Aar lar than N Is due. Easy payments w1 not, untese agreed to Miltai bebWupe uiL ttandww Of banwmw% a ANORn fo ow"A to mob payma+is at aacrued u..VW krlwsst Raw ft" wa ,.duce Mee LATE CHARM M a payaant is is dap or Woe Ills, 8plrower w0 be gyrged SAOO% of the unpaid portion of the OVA ft eelwdu ied pay ra w it00lf, wtyaanrer b boa. DWALS.T. moll oaer M be In deknat If any on am IofoMirp heppa (a) 8enorrar Ids b mob any paynwnt when due. N Dammw breaks any 1 rolftl00 sl0n0uslr has made b Larldsr. or 8ona,rtr lets to corrrply wits or b parbnp MW des any otter Wm, obigaNam, cww am, or eondaon 001Im I0 In Ob NO or any apeanent shied to fit Nala6 at N any Ater. aprMaW d or 100 SWOM has wNh Lender- (c) Arry r4preatrialon a frrtwnt made or hrrien,ed to ttrdta by Bonawtr or on lanawar? gQ r rip a fnWaalllq b any fr01 W raped Mesas now or at the fur. made or MnWnd ( Pondear beoannss lAar"lR • raOMrOr r -for Adis p t of eonowara pfnperfy, saroww nakee an aaiP„n,or,I Im the WOW d onrd0ae. or ar any pseeaedn0 b coarnrwaed dhw by Oonower Or aPtlrst ldnGM Undw any benimlpky or kisaium rcy Yws. (a) Any a>tdo" Mee b fable any of Porrowar'a properly on a In WiNch Lander has a Ion or tapatiy krlerwl. TMa koIWse a Sm do ent of any at 9onoww s 0pp01Uaa wm Lender. (f1 Any 9naranlor doe or any al fn dins a w to ducrom in mw da1Wf sacilon boeue rah ,tap44 b any 0uuanla d Ids dale. A rrralerW adrrafa daur0e access In Porrawar% ManeW CmdrAW a Lander bdwM We psaPart d paymad w Perna a1 the Irnda0ledrueas b krnpalrtd LE1ti SM IMOlITP. (bat delmA Lender nay. aft Plump such rno0pee as m Bred by appNcabie law. dadert ten we* unpdd Wincipd baYnca on Rile doff ant d 40=00 wVW Nlrlaat bdtaddely due, anti free Borrower wa pay tint amount Upon ddnr0. krNlydlrlp rwa to pay upon kW *10 ' w4mL mw , - l pals iur0 nipt acaa? d adtha nardnrurn rds ? permiMed' q*lc ble f?iw. l 'll giw mW tft or pso *ww ant ? Ifi Nob f lantaer does not pay. 001100101 also w1 pay Lander rid amount The kdiudes. s AOd b any OmIY under appoable law. Le ww% tlfOnlrys 0001 ON Landu'b 18pd anpaws WhO w or nd mwe M a Mwgit Mdutan0 aNo,r,eys' (auObr laea and 40tl Orporaes !pt bankrOpk,Tr prooeedirr0e dlrrP etfprY to nrperp or reaais a r sworrrefr: clay or kr xw%n). apPMfa. orb any anfdpabd poa!•Mdgnwrd 000aC0pn »niroes. it not Pr M esfed by apploab4 fur, tlondww 4180 wr Pay a y Caryl coot, b add lon b d ptiler tdrrrls panAdad by Yes. ti prdpnrtnt b eared a eonnedbn wa fit Nola. W r" wM donwdw b aoww on fi Nob filer pldgrlanl ll fay brbrad t0W so qnb Plots M me f It Judpnrent is orrleed. TMs Nda ttfs tnaan daslrated a Lander and NOONPhe aty Lender b the paanranwaslM af? tt awe b e Isar , no owev Arad upw Lwgmft to maw* le so lantwa ftwe" Waft Our Asst 116 am NM N aar MaW"16 PooeedttP, or ooar ' Ow Oernrearewalau of fbnn r Lander and Lender atttar. TMsMde fill bePerWwe m byone commud In apoerdNNaO wfhM leers d fee a? mO1orroww ...tune ern. NNW OF 891011F 00110 19 pallb b LafKl r a o0raracilral poommy taarp tntaa I ku, and taeWby asOlOr s. axwwys, delvers. pledpas. and tralurra b Lalldtr d ltolfowerll tight, of and ' I I In and b. Bonowasns eoeou t& wfh Lander (whalher CIrsCllMlp, savilpf. or some Other off IPA siidk•obetnp WIMA araNabn a0 eoearrds hand jab* wo Wnear A& and d aepounls 8ar~ may open In fn heed., ae?rdrg tgweyw MOOsp OMFI e10 by apptmb1 1iww.% sik of mawkdp anti mftwft i o •wd w v suc d oy erns. n«.or.r awhorlss L.rra.r. a apalrnq any Aresdi dsuds aoCwrnb. CIO LA713ML I Ns tide b secured by a kta4ape dmW May 13.1000. b Lender an real property iocalsd In CXM4BEFV-4 p of pwomm Karim. as"lrna and ca+daa,s of weigh at Mrsby ?aAa m" and nude a Pat of ft Nola. ?• Conrkrnonwtatth E7CHIBIT "IVfM LIErJ AtMM A tlA1 K -1,1NC. Ma ai40IQfeo) Und1r PW ONK NATIOMAL AWWATIOM IM i?AU sTldf UU CAIA.I.*E P= r) CANT" LI PA Trott CAM HKI, PA 17001-W4 Page 2 05-13-1998 PROMISSORY NOTE . -Pape. Loan No (Continued) LIME OF atmorr. TMs Nab evidenese a mot" No of CrsilL Advanom under this Nob nay be requested orgy in wralrhp by Borrower or as provided in tth paragraph. M corrmunicallons. ifftnrctioM or dfeclang by telephone at otherwise to Leander we to be directed to LavldWs oleos :town abode. The following party or parties are suahahsd as provided in tfas paragraph to request advances under Vw Im of mil! until Lander mosives awn Bonower at Landeft a ldnee shown above written nones of revocation of Yeah au uxl1r J/la IMB A. STOUIT R, PRES1DENT. Larder atayat?? and iasy cwt frumv b lltibae by0lbifgtbi ad to L.efiderOwn sTSaoo or by wino ollm memode rrmeei agrees b pay eAeob. ao bng as fhe)? Os not cored tie M iC sl below* b sawed MHe fate araourd of Oft NUM. Which are lord. drawn and Issued by No cow on or prior to the lf?lrrlert Dale and received by Lender an or prior to the Iftpiratlon Dale a a'mm h Ave business days altar No Ereplrs ion Dale, aaotSa as protrldad Ib rid next aNesnoI ' I l" f glee ne OOMpMbn b (gay OV Nleclt deist. A -, or Issued by Bonvis r or - I I- -e by Lander daflm' sw perled eetrerr Larder Is nol ob$pftd to advance hetde 1 ft Melt; NOW. Borrower egrsat to be ftW for Y sums salon: (a) advarhesd In accordance with Ito is}ualtens d an atdlmdaad person or (b) caddied to any of Swowsrs accourds wah Lander. The anpatd prlnotpd bNSnos owbhg on its Nob at ay are nay be eridw odd by etwimem-M on Iftb Hots or by Lander^a itharral records. InclUdig day cornpul r prirl.-0uts. Lander wS have no ObilgaEPn to advance hrndG under iris Note It (a) Borrower or any guarantor It In dekW under do bnm of Oft Nola or cry agfamned Yet Sonower or any guarantor has wth gender. fneiuang any agreemara maw in connecilon with ft ? of 1Ms Nab, (b) Borrower or any gumnlor ceases doig business or 6 kaa lobe (c) say gwaarta seeks. cidms or ouherwie allampts b tMdtmodlfy or awoke such guannbrs guaqu* s of aft Nola or any other loan with Lander or (d) Bomm er has appaed funds prorfded pursuant to this Nale for pugxsm oCOr than prose aulhart ed by Lender. FEES. n applic" at ttoGtrug, Borrower will pay b Lander a ter In the anrounl of up to two percent (etc) of ate mw*num Principe amount of the, Nth An annuli renewal IN in go amount el up b taro parr a (2%) of the m Wrnum principal amorra of this filch may also be charged fI Ole Nor b rerowed Beyond the currant Erghraon Oar M Leadeft dbpwon. FmANCIAL NmW MATMN PROWSIDN. Borrower egress to deliver any tneneief and other busrness iMorrrason cnnoa nk Borrower that Lwow may request awn Om to ame. such as annual and kdsdm fbanclal staHnnsnts (all of which stag be prepared in accordance with generally accepled mccoYnang ptaoplss) and ledwo Inconm etc returns. GENERAL PROW SION& Leader ray delay or forgo ardorng any of at dials or n.rfaaas under this Nob w0mut being them. BjMWW and sfty other person who fie, glom A m or mrdorssa !Wt Nola, to ao aetant allowed by law, %vM presentment, demand for payniert. prow and notice of chhottor. Leon any charge H do LMrhe aiMb Nob. and untaes dhMwise eoeFressly sbbd M wAaneg. no pub who slgnsfhb Nor. w4mumm os onsim. cuermbr, aooommodraon n*kw or andomer. stall be released mom sabaty. As such poem mom trot Lander may anew or anderh l (napsebdy and for any Nrptlt of ants) Mts Teat. or fsttess mny party a puaraNOr or Dolalarah. ar irpair, IM>t b rears upon of parlmct LendallB secuNy srclarasi in fbe c0ilalivak and Imbe any other On deemed necessary by Landau wthout the consent of or notes b anyom All such parties also apras ant Lander ray n%x* I to loan vAUm t No consent of or ndba to anyone Was Yen to party with whom she rho NO, -F, n B roads. V any portion of this Nois It for any rams" ON, -fed b be rronlaraembb, t wit not anted ft anion bbly of any other provisions of tie Nob. C0I1FIESSM OF JUDGMENT. BORROWER HEREBY MiREVDCABLV AUTHORRES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA. OR ELSEWHERE, TO APPEAR AT ANY TPA FOR BORROWER AFTER A DWALLT UNDER THIS NOTE, AND WITH OR WITHOUT COMPWNY FEED. AS OF ANY TERM. CONFESS OR ENTER .RAGMENT AGAINST SORI"VER FOR THE ENTIRE PRINCIPAL BALANCE OF TNS NOTE. ALL ACCRUED VaEREST, LATE CHARMS. AND ANY AND ALL AMOUNTS DLPEPDED OR ADVANCED BY LENDER R0ATtI110 TO ANY COLLATERAL SLAG T14S NOTE TOGETHER WITH IMEREST ON SUCH AMOMM, TOMINE R WITH COSTS OF SLIT. AND AN ATI'M EM COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTBEST FOR COLLECTION„ BUT IN ANY EVENT NOT LESS THAN FIVE HUNDFW DOLLARS (4) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSN IMMEDIATELY AND FOR SO DOING. THRS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED W THIN; NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY. BUr SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FUU. OF ALL AMOUNTS DUE UNDER THIS NOME. BORROWER H ERMY WANES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A WARM IN CONNECTION WITH ANY SUCH CONIFESSION OF "WeNT. E10CEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW VW H RESPECT TO DtECUTION OF THE JUD(IMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICMLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO SOpR)WER'S ATTENTXM OR BOFV40WM HAS BEEN fEP NTED BY INDEPENDENT L IMAL COUNSEL. PRIOR 70 310-110 INS 10TE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUD NQ TM VARIABLE INTEREST RATE PROVURONS. BORROWER AGREES TO THE TERM OF THE NOTE AND ACKNOWLEDGES titer OF A COMPLEM COPY OF THE Nam THUS NOTE HAS 99x SRUM AND SEALED BY TIE UNDERSIGNED. BORROW L Lam. LAWN ter tNc MEN, A. VW1016Rates. LMOset Creft LAGER PRO.RMU.a.tiLat.M.Olr. Vr. 3 =y rph left CFI PraesNew. Me. Artr%htareeeno<p.&-D"Eif+LPD"wl.LMati.QVLI PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""•' has been omitted due to text length limitations. Borrower: LUFF LAWN & GARDEN, INC. (SSN: 23.2248765) Lender: PNC Bank, National Association 1590 STATE STREET Business Banking CAMP HILL, PA 17011 4242 Carlisle Pike f? r Camp Hil, PA 17001 Principal Amount: $180,000.00 Interest Rate: 7.500% Date of Note: November 9, 2005 PROMISE TO PAY. LUFF LAWN a GARDEN. INC. 1"Borrowwr") promises to pay to PNC Bank, National Association ('Lender'), or order, in lawful money of the United Stabs of Americs, the principal amount of One Hundred Eighty Thousand a 001100 Dollars ($180,000.00), together with interest at the rate of 7.500% per onnur n on the unpaid principal balance from November 9, 2005. undl paid in full. PAYMENT. Borrower will pay this loan in 120 payments of $2,146.59 each payment. Borrower's first payment is duo December 9, 2005, and all subsequent payments are due on the some day of each month after that. Borrower's final payment will be duo on November 9, 2015, and will be for all principal and all accrued interest not yet paid. Payments include principal and kiterest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; end then to any lets charges. The annual interest rata for this Note Is computed on a 365/360 basis; that is, by applying the ratio of the annual kterest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the ac teal number of days the principal balance is outstanding. The level payment amount is calculated on the assumption that each periodic payment will be made on the date when due, and if there is any variation in the actual payment dates, there may be an additional amount due upon maturity of this Note. Any amortization schedule provided to Borrower is only an estimate, and is superseded by the terms of this Note regarding the accrual and payment of interest. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: If this Note bears interest at the Floating Rau, the indebtedness may be prepaid in whole or in part at any limo without penalty. If this Note bears interest at a Fixed Rate, notwithstanding anything contained herein to the contrary, upon any prepayment by or on boMlf of the Borrower (whadhor voluntary. on default or othmwisel, the Borrower shall, upon demand by the Bank, pay the Bank as compensation for the cost of being prepared to advance fixed rate funds hereunder an amount equal to the Cost of Prepayment. 'Cost of Prepayment" meant on amount equal to the present vaku, if positive, of the product of ter) the difference between (1) the yield, on the beginning dab of the apple" interest period, of a U.S. Treasury obligation with a maturity simBer to the applicable interest period minus (1) the yiald on the prepayment date, of a U.S. Treasury obligation with ¦ maturity similar to the remaining maturity of the applicable interest period, and (b) the principal amount to be prepaid, and Ic) the number of years, including fractional years, from the prepayment dab to the end of the applicable Interest period. The yield on any U.S. Treasury obligation shall be determined by reference to Federal Reserve Ststistcal Release H.15(5191 "Selected Interest Rates". For purposes of mating present value calculations, the yield to maturity of a sinner maturity U.S. Trossury obligation on the prepayment date shag be deemed the discount rate. The Cost of Prepayment shall also apply to any payments made after acceleration of the maturity of this Note while a Fixed Rate is in effect. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: PNC Bank, National Association. Attn: Doc Prep/Operations Department - BBCAC, 8800 Tinicum Boulevard 5th Floor Philadelphia, PA 19153. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $100.00, whichever is less. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the interest rate on this Note 5.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for in this Note. DEFAULT. Each of the following shall constitute an event of default i"Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or In any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of credhors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or e surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. PROMISSORY NOTE Loan No: 010764078 (Continued) Page 2 Everts Affecting Guarantor, Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Change In Ownership, Any change In ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and than Borrower will pay that amount. ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This Includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or ? not there is a lawsuit, including attorneys' fees, e or injunction), appeals and di anticipated expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay any post judgement collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other suns provided by law. WAIVER OF JURY TRIAL. THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE BORROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNIECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and. to the extent not the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note had been accepted federal law, the laws of Commonwealth of Pennsylvania, pled by Lender in the CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. In addition to ell liens upon and rights of setoff against Borrower's money, securities or other property given to Lender by law, Lender shall have, with respect to Borrower's obligations to Lender under this Note and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and Borrower hereby assigns, conveys, delivers, pledges and transfers to Lender all of Borrower's right, title and Interest M and to, all of Borrower's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or In transit to, Lender or any other direct or indirect subsidiary of The PNC Financial Services Group, Inc., whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to Borrower. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder without any action of Lender, although Lender may enter such setoff on its books and records at a later time. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security Instrument listed herein: a Mortgage dated MAY 13, 1998, to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania. FINANCIAL INFORMATION PROVISION. Borrower agrees to deliver any financial and other business information cbncerning Borrower that Lender may request from time to time, such as annual and interim financial statements (all of which shall be prepared in accordance with generally accepted accounting principles) and federal income tax returns, DEPOSITORY. Borrower will establish and maintain, with Lender, Borrower's primary depository account(s). If Borrower fails to establish end/or maintain its primary depository accountis) with Lender, Lender may, at its option, upon thirty (30) days notice to Borrower, increase the interest rate payable by Borrower under this Note by up to 1.00 percentage points (1.00%). Lender's right to increase the interest rate rsuant to paragraph shall be in addition to any other rights or remedies Lender may have under this Note, all of which are hereby reserved and shall snot constitute a waiver, release or limitation upon Lender's exercise of any such rights or remedies. AUTOMATIC DEBIT OF PAYMENTS. The Borrower hereby authorizes the Lender to charge the Borrower's deposit account at the Lender for any payment when due hereunder. If the Borrower revokes this authorization for any reason whatsoever or fails to maintain a deposit account with the Lender which may be charged, the Lender may, at its option, upon thirty (30) days notice to the Borrower, increase the interest rate payable by the Borrower under this Note by twenty-five 125) basis points (0,25%). PRIOR NOTE. This Note amends and restates, and is In substitution for, a Note In the principal amounts of $100,000.00 and $60.000.00, payable to Lender , dated May 13, 1998 and September 10, 2002 (the 'Original Note"). However, without duplication, this amended and restated Note shall not constitute a novation and shall in no way extinguish Borrower's obligation to repay all indebtedness evidenced by the Original Note. Nothing herein is intended to impair the priority or effect of any mortgage with respect to the Borrower's oligations hereunder and under any other document relating hereto. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend irepeatedly and for any length of time) this loan or release any party or guarantor or collateral; or Impair, fell to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without he consent of or notice to anyone other than the party with whom the modification The under e are veral unenforceable, it Iwilill not affectithe'enfor a bility of ny other prov'isio s®of his Note.y portion of this Note is for any reason determined to be CONFESSION OF JUDGEMENT. THE BORROWER HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE BORROWER AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE BORROWER IN FAVOR OF LENDER OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR $1,000 ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING 80, THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT PROMISSORY NOTE Loan No: 010764078 (Continued) Page 3 WARRANT. THE BORROWER HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VON). B UNTIL SUCH TIME AS LENDER LL NAVE ED PAYMENT IN FULL OF THE DEBT. UT THE POWER SHALL CONTINUE UNMNNNBHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT ATTORNEY'S COMMISSION PROV DED OR INFTTHE PRECEDING PARAGRAPH (WWIS INCLUDED ?THCS. NOTWffTANDING EEWWARRANT FOR PURPOSES OFF ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE BORROWER SHALL NOT EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY LENDER. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: LUFF LAWN & GARDEN, INC By ISsa1I By: OK??? K/-*I-j Mad g A 6b, L n„ JA A. STOU of L UFMWN & KA LEEN T. STOUFFER, Vim rm LUFF GARDEN. INC. LAWN & GARDEN. INC. LAilA MO LrNy. Vw. 6.i7.4&M Cy.. Huhn. ft. 64dw WM 1167. M. AS VAOY N-dM • rA T:WJFAMILW3M lb,23" 'p , p RECORDATION REQUESTED BY: RECORDATION PNC BANK, NATIONAL ASSOCIATION 4242 PIKE CAMP *LL, PA 17001--W4 WHEN RECORDED MAIL TO: fI it %NOR= p?rAAD a taEZ.at TO SSOMM SF044 AW ASST 00 W on PM STREET PA ifn47 ' 96 ,dal ?9 All 111`1 0-11-0719&14P SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES THIS MORTGAGE IS DATED MAY 13, 1998, between LUFF, LAWN & GARDEN, INC., whose address Is 1590 STATE STREET, CAMP HILL, PA 17011 (referred to below as "Grantor"); and PNC BANK, NATIONAL ASSOCIATION, whose address is 4242 CARLISLE PIKE, CAMP HILL, PA 17001-8874 (referred to below as "Lender"). GRANT OF MORTGAGE For valuable consideration, Grantor grants, bargebw sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, this, and interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fadures; all streets, tares, alleys, passages, and ways; all as is. rights of way, all liberties, privileges, tenements, hweditameMs. and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (Including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, located in CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The Real property or do address is commonly known as LOTS 66, 67 & 68 GREATER HARRISBURG EST. AAUA 1590 STATE STREET, BORO OF CAMP HILL, PA 17011. The Real Property tax identification number is PARCEL f01-220826-08,7. Grantor presently assigns to Lender all of Grantors right title, and interest In and to all leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. DEFINITIONS. The following words stall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code. All refarenoes to dollar amounts shall mean amounts in lawful money of the United States of America. Grantor. The word "Grantor" means LUFF, LAWN & GARDEN, INC.. The Grantor is the mortgagor under this Mortgage. Guarantor, The word "Guarantor" means and Includes without limitation each and all of the guarantors, sureties, and accommodation parties in connection with the Indebtedness. Improvements. The word "Improvements" means and includes without tirraftation all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and otter construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal up to $100+000.00 outstanding under the Note at any time and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with Interest on such amounts as provided in this Mortgage. In addition to the Note, the word QO "Indebtedness" includes all obligations, debts and liabilities. plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all as claims by Lender against Grantor, or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Nola, whether voluntary or otherwise. whether due or not due, absolute or contingent, liquidated or un iquidated and whether Id") Grantor may be liable individually or jointly with otters, whether obligated as guarantor or otherwise, and whether recovery Indebtedness may be or hereafter may become barred by any statute of imitations, and whether such Indebtedness may be or hereupon such after may become otherwise unenforceable. SpaNlcelly, without Imitation, this Mortgage secures a revolving One of credit, which obligates tender ?- to make advances to Grantor whose Grantor fella to comply with all the terms of the Note. The lions and security interests created pursuant to this Mortgage covering the indebtedness which may be created In the future shall rotate buds to the date of this Mortgage. Lender. The word "Lender means PNC SAW, NATIONAL ASSOCIATION, its successors and assigns. The Lender is the mortgagee under this W Mortgage. Gm Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and Includes without limitation all assignments and security ¦"r interest provisions relating to the Personal Property and Rents. W Note. The word "Note" means the promissory note or credit agreement dated May 13, 1998, in the original principal amount of IQ $100,000.00 from Grantor to Lander, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Progeny" mean all equipment, fixtures, and other articles of personal property now or hereafter owns by Grantor, and now or hereafter attached or affoced to the Real Property; together with all accessions, parts, and additions to, all replacements of, and at substitutions for, any of such property; and together with all proceeds oncluding without limitation all insurance proceeds and refunds of EXHIBIT om any sale or other disposition of the Properly. BOU1(1956PA QAO word "Property" means collectively the Real Property and the Personal Property. ?i The words 'heel Property" mean the property, interests and rights described above in the "Grant of Mortgage" section. os-is-•1ss8 Loan No MORTGAGE - (Continued) 'Page 2-, Related Documents. The words "Related Documents' t agreements, environmental mean and include without limitation all promissory notes, credit agreements, loan docum, agree en t whether now or hegre me n,Sguaranties, security agreementwith the I s, mortgages, deeds of trust, and all other instruments, agreements and Rents The word "Rents" means all present and c future rents,, ?eveoues, fncom?e, bissues, royalties, profits, and ocher benefits derived from the TMS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS.: UNDER THIS PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, as they become due, and shall shictly perform all of Grantor's obligations under this Mortgage hag pay to Lender all amounts secured by this Mortgage POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shag be governed by the Rends from om the Property. fr and Use. Until in default. Grantor may remain in possession and control of and operate and manage the properly and collect the Duly to Ma1nWn, Grantor shah maintain the necessary to preserve its value. Property in tenantable condition and promptly perform all repairs, replacements, and maintenance Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," Mortgage, shag have the same meanings as $et forth in the "pease." and nsaeterred Luse," as used 8 this amended. 42 U.S.C. Section 9601, of Comprehensive Environmental Response, Compensation, and Liability Act of 19!30. as seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986. Pub. L No. 99_499 ("SARA', the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Rec Section 6901, st seq., or other applicable state or Federal laws, rules, or regulations adopted pursuard to ° `Act, 42 U.S.C. any "hazardous waste' and "hazardous substance" shag also Include. without limitation, pebroleum and petroleum by- of the y an or an ba The harms prod usd, tens asbestos. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Property. y fraction thereof under, about or from the storage, treatment disposal, release or threatened release of any hazardous waste or substancetb a has been on, and PraPorfY. (b) Grantor has no knowledge of, or reason to believe that there has been, Y any person on, by Lender In writing, (I) any use, generation, manufacture, st f threatened disclosed to hazardous waste or substance on, under, about or from the Property 9o. otreahnank wners or o disposal, rekshe or threatened release of any threatened litigation or palms of any kind by any person relating touch matters; by any prior owners a ocupanls of the Property or (ii) anY actual or Lander In writing, 0) neither Grantor nor any tenant, contracor, agent or o aut ? authorized the Prom disclosed to and ate. manufacture, by store. treat, dispose of, or release any hazardous waste or substance on, under, about or from the a" and use, generate, conducted In compliance with all applicable federal, state and local laws, ?OP and (if) any such activity shag s, regulations, and ordinances described above. Grantor authorizes Lender and regulations and ordinances, Prop rty without a such is those laws, tests, at Grantor's expense, as Lander may deem appropriate to determine compliance t to enter upon the Frothily to make such inspections or tests meth by Lender shag be for Lenders of the inspections and purposes only and shag not be construProperty cc recite any this section fb dy or Mortgage. part of Lander to Grantor or to any other person. The representations and warranties contained herein are rantor a dilig the liability on Any investigating the Property for hazardous waste and hazardous substances. Grantor hereby based on Grantors due ms against in Lender for indemnity or contribution in the event Grantor becomes Kable for (a) releases and waives any future claims against Indemnify and hold harmless Lender against any and al claims losses, bablY es, dance or other costs under any such laws, and (b) agrees to mages. indirectly sustain or suffer resulting from a breach of this section of the M ?' and expenses which lender storage, disposal, release or threatened release occurring ?bTe or as a conshquence of a use may directly or should have been known or Grantor. The provisions lithis r to section Gra of the?hip or interest in the .generation, manufacture, payment of the Indebtedness and the satisfaction and reco ortgage, Including the Property, whether or not the same was or of any interest in the Pr Y nonce of the lien of this M ob to not be indemnify sing survive the Prop". whether b foreclosure or otherwise. ortgage and shag not be affected ted by by Lenders acquisition Nuisance, Waste. Grantor shag not cause, conduct or permit any nuisance nor commit, permit, or suffer a skipping Property or any portion of the Property. Without limiting the generality of the foregoing, Gram will not remove, or of or waste oon or ther a to the right to remove. any timber, minerals (including all and gas). soli, gravel or roa produats.without the grant L any other party the Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property arty consent of Lender. Lender. As a condition to the removal of any improvements, Lender may require Grantor to make arran without the prior written consent at such Improvements with Improvements of at least equal value, gements satisfactory to Lender to replace Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Prop" all Lender's Intents and to inspect the Property for Purposes of Grantor's compliance with the terms and ans of this M reasonable times to attend to Compliance with Governmental Requirements, Grantor shell promptly comp or?age. governmental authorities c h' the with aft o laws, ordinances, and regulations, now or hereafter in effecDisat, of bilities all Act. Grants me applicable to the use or occupancy of the Property, indudi without Imita good f h law, ordina Dina dlrg appropriate appea 1, s ?bng as Granaithhan suchd Lender in nce, or regulation and withhold co dOn, the Americans c l ith Lenders interests in the nor prior to doi ace during any Proceeding, Property are satisfactory to Lender, h Protect Lenders t eopadized. Lender may require Grantor to post a quad so long as, In Lenders sole opinion, deg security or a surety bond, reasonably Duty to Protect. Grantor agrees neither to abandon nor leave unattended the P do an set forth above in ft section. which from the character and use of the Pro roperty.Grantor shag y t p other acts, addition to those acts DUE ON SALE - party are reasonably necessary to protect and preserve the Property- CONSENT BY LENDER. Lender may, at Its option, declare Immediately due and payable all sums secured by this Mortgage sate or transfer, without the Lenders prior written consent, of all or a transfer" means the conveyance o Real Property or an any part of the Real property, or any interest in the Rl Property. upon the involuntary; ter' m whether by outright sale. deed, Pinstalment roperty or sale right, title or interest therein; whether legal. beneficial ore l ?e or (3) years, lease-option contract. or tract, land contract. contract for deed, beasehold interest with a terwhether ter thaw three (3 any other method of con by sale, assignment, or transfer of any beneficial interest In or to any land trust holding fife to the Real property or veyance of Rest Property interest. If any Grantor is a corporation includes any change in ownership of more than twenty-five , partnership or limited li ' ability (25%) of the company, transfer also as the case may be, of Grantor. However, this option shag not be percent law. lability company interests, exercised by Le der if such a cciisehis interests hibitedd limited y federal law or by Pennsylvania QA* TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Mortgag00X 1456 or 4'F mu Payment. Grantor shag pay when due (and in all events prior to Jelin ue and sewer service charges levied against or on account prior the P q racy) all taxes, payroll taxes, special taxes, assessments, water charges roperty, and shay pay when due all claims for work done on or for services Page 4 of 33) MORTGAGE Page 3 r' 0543-1998 Loan No (Continued) rendered or material furnished to the Property. Grantor shall maintain the Property free of all Hens having priority over or equal to the interest of Lender under this Mortgage. except for the Hen of taxes and assessments not due, and except as otherwise provided in the following paragraph. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so tong as Lender's interest in the Property is not jeopardized. if alien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days attar the Hen arises or, if a Ron Is flied, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the Hen, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the Ron plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shag defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shag upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Corlatnrction. Grantor shag notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property. B any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage. Maintenance of Insurance. Grantor shag procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the fug Insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shag also procure and maintain comprehensive general liability Insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Add'dionagy, Grantor shag maintain such other insurance, including but not limited to hazard, business interruption and bolter insurance as Lender may require. Policies shag be written by such Insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice to Lender and not containing any dWWrmr of the Insurer's of Lender will not be impaired in any way such notice. Each Insurance policy also shaft include an endorsement providing that coverage in favor by any act. omission or default of Grantor or any other person. Should the Real Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special Good hazard area, Grantor agrees to obtain and maintain Federal Flood insurance for the fug unpaid principal balance of the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lander, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shag promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss If Grantor fags to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its election, apply the proceeds to the reduction of the Indebtedness, payment of any Hen affecting the Property, or the restoration and repair of the Property. If Lender elects to apply it* proceeds to restoration and repair, Grantor shag repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shag, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration I Grantor Is not in default hereunder. Any proceeds which have not been disbursed within 1130 days after tiaek receipt and which Lender has not committed to the repair or restoration of the Property shell be used first to pay any amount owing to Lender under this Mortgage, then to prepay accrue Interest, the and the remainder, It any. shall be Indebtedness, such proceeds shall be paid to Grantor. balance of the Indebtedness. If Lender holds arty proceeds after payment in Unexpired Insurance at Safe. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property. Granter's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shag furnish to Lender a report on each existing policy of Insurance showing: (a) the name of the Insurer, (b) the risks insured; (c) the amount of the policy; (d) the property insured, the than current repiacernet value of such property, and the manner of determining that value; and (e) the expiration date of the policy. Grantor shall, upon request of Leader, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. EXPENDITURES BY LENDER. If Grantor fails to aomig with any provision of this Mortgage, or if any action or proceeding is commenced that would materially affect Lender's interests In the Property, Lender on Grantor's behalf may, bud shag not be required to, take any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for In the Note from the date incurred or paid by Lender to the date of repayment by Grantor. AN such expenses, at Lenders option, wig (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (I) the term of any applicable insurance policy or (d) the remaining term of the Note, or (c) be heated as a balloon payment which will be due and payable at the Note's maturity. This Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shag be in addition to any other rights or any remedies to which Leader from any remedy that be oentitled on therwise would account have the Gmnor's obligation oyLeLender shall nder for all stuch be construed as expenses shall survivthe e the heaentry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage. Title. Grantor warrants that: (a) Grantor holds good and marketable He of record to the Property in fee simple, free and clear of an liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the fug right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the figs to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shag defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shag be entitled to participate In the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Properly and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of.the Property. The net proceeds of the a aj0. mean ward after payment of all actual costs, expenses, and 6041t4?b PaGE BIG ??13-19gs Loan No MORTGAGE (Continued) Page 4-,, attorneys' fees incurred by Lender in connection with the condemnation. Proceedings- If any proceeding In condemnation is filed. Grantor shall prom Promptly steps as may be necessary to defend the action and obtain the award. Grantor ay notify Lender In be the nominal party writing, and Grantor shall but Lend take such entifled to participate in the proceeding and to be represented in the proceed( by choice, such Proceeding, but Lender shell be be delivered to Lender such Instruments as may be requested to t counsel of its own choice, and Grantor will deliver or cause to IMPOSITION of TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITI 38 to following such participation. and charges are a part of this Mortgage; owing provisions relating to governmental taxes, fees Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this M whatever other action is requested by Lender to perfect and continue Lender's hen on the Real Pr Aga and take taxes. as described below, together with all expenses incurred in recordm °Ph Grantor shall reimburse Lander for all taxes, fees, documentary stamps, and other charges for recording or r Per or continuing this Mortgage. Including wlthou! limitation all Taxes. The ? registering this is Mortgage. awing shad constitute taxes to which this section applies: (a) a specific tax upon this type the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor is authorized or e of Mortgage or upon all or any part of Indebtedness secured by this type of Mortgage; (c) a tax on this We of Mortgage ch required to deduct from payments on the (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest bade by Grantor or the holder of the Note; and Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this efhc} as an Event of Default (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either a Mortgage. this even! shah have the same pays the section and deposits with Lender cash or a sufficient lt byes delinquent, or (b) contests the tax y to provided above in the Taxes and Liens SECURITY AGREEMENT; FINANCING STATEMENTS. corporate surety bond or other security satisfactory to Lander. Mortgage The following provisions relating to this Mortgage a security agreement are a part of this Security Agreement. This instrument shell constitute a security agreement to the extent any of the Property constitutes fixtures or other personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lander, Grantor shall execute financing statements perfect and continue Lender's security interest in the Rents and Personal Property. and We whatever other action g requested by tender to records, Lender may, at any time and without further authorization from Granl., file addition executed to c counterparts. this copies eproduc? of this Mortgage as a financing statement. Grantor shad reimburse Lender for all exp Upon default, enses to Lender Grantor shad assemble the Personal Property in a manner and at a place ,real nao blln c rfecti ? or continuing La security (make it this within three (3) days after receipt of written demand from Lender. Y convenient to Grantor and Lender and make it Addresses. The mailing addresses of Grantor (debtor) and Lender granted by this Mortgage may be obtained (each as r (secured a from )arch information concerning the security interest FURTHER ASSURANCES; ATTORNEY-IN-FACT. The followiwingypthe rovisionsnrelating to fuurthassurances an attodmeH first ?a of this Mortgage. Mortgage. y--in-fact are a part of this Further Assurances, At any time, and from time to time, upon request of Lender. Grantor will make, execute made, executed or delivered, to Lender or to Lender's designee, and when and deliver, c will cause to be led , or rerecorded, as the case may be, at such times and in such offices and places asg Le der may dLender, cause eem appropriate, at be tiled, recorded, mortgages, s, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instrents of further y n assurance, cates, and other documents as may, In the sole opinion of Lender, be Preserve (e) the obligations Grantor under the Note. this Mortgage. or desirable In order to effectuate. Complete, perfect, continue, or created by this Mortgage as first and prior liens h the to age. and the Related Documents, and (b) the Bens and securiteres on m or agreed to the contrary by Lender M writing, Grantor shad reimburse lender for all co and hereafter acquired by Grantor. Unless prohi ? ? referred to in this paragraph. expenses incurred in connection wlththe malteds Attomey4n-Fad. If Grantor falls to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby of making, executing, delivering, filing, recording, and doing all other things may be Lender as Grantor's attorney ndoe4N for the purpose accomplish the matters referred to in the preceding paragraph rtY or desirable, in Lender's sole opinion, to FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs Mortgage. Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage all the le obligations statements o upon Grantor under this statement on file evidencing Lender's security Interest in the Rends and the Personal rand suitable r termination of any financing reasonable termination fee as determined by Lender from time to time. Per1Y' Grantor will pay, i! permitted by applicable taw, any DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default Default on Indebtedness. Failure of Grantor to make any payment when due on the ("Event Indebtedne a Default") under this Mortgage: Default on Other P ss- other ment aymenh. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any pay necessary to prevent filing of or to effect discharge of any lien. Compliance Default. Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or in any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Mortgage, the Note or the Related Documents is false or misleading In any materiel respect, either now or at the time made or furnished. Defective Collateralization. This Mortgage or any of the Related Documents documents to create a valid and erfecte ceases to be in full force and effect (including failure of any collateral P d security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencemennt of any Proceeding receiver for under any bankruptcy or insolvency taws by or against Grantor. Y Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether b judicial r any other method, by any creditor of Grantor or by any governmental agency against any the by Propertyp ev e, this su secto repossession or in the event of a good faith dispute by Grantor as to the valid( or reasonableness n c . Howsis this subsection sfnati not apply Lanceecing, provided that Grantor gives Lender written notice such deim and as claim which is the basis of the foreclosure or forefntture Lender. reserves or a surety bond for the claim satisfactory to :. ROOK1456?w, 945 ,age MORTGAGE Page 5 65-?13-1998 (Continued) Loan No Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affeefing Guararor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. or performance Adverse Change, A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment pe of the Indebtedness is impaired. at any time RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence to arty other rights faremniece provided by fter, Lender, at its option, may exercise law, any one or more of the following rights and remedies, AcCeterde Indebtedness. Subject to applicable law, Lender shall have the right at its option without notice to Grantor to declare the entire indebtedness immediately due and payable. under UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party the Uniform Commercial Code. Collect Rents. Lender shall have the right. without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to coded the Rents, Including amounts past due and unpaid, and apply the net proceeds, over and shave Lenders costs, agaifees nst the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use endorse rantor Lender nales rrevocably Grantor's instruments Lender. If the Rents he collected In the me of bna Granto rand to rnegotiate ti esigme and collect the proceeds„ Pa tenants or other eMs received payment other users to Lender in response to Lender's demand shah satisfy the obligations tar h which ehuerthn p?eryso?nnby a?gan?t,?or,thro?irtghh aorecen+er• proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph Appoint Receiver. Lender shall have the right to have a receiver appointed to fake possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may saw without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantors Interest in all or any part of the Property. possess" of the Properly. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, i s attorney for Lender and all persons theclaiProperty ing u a r ot?p hh for to sign an agreement for entering in any competent court an amicable action in ejectment for possession the contess judgment against Grantor, and against all persons claiming under or through Gra,fied by aecovery by Lend ssufficient of pos wsio mane "I be Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nwtjudiefal Spiv. If-permitted by applicable law, Lender may foreclose Grantors interest in all or in any part of the Personal Property or the Real Property by nonjudicial sale. Dettchnicy Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. It Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance ?of1eLend P roperty the pu t Immediateaser the Property and shell, at Lender's option, either (a) pay a reasonable rents` for the use of the Property, ( (b) upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Iicable law, Grantor hereby waives any and all right to have the property marshalled. in exercising Sale of the its rights property. and TO remedies, the ies, enl Lender per r shat shall by be app free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any potion of the Property. sale of the Personal Properly or of the time after Notice of Sete. Lender shall give Grantor reasonable notice of the time and place of any public made. which any private sale or other intended disposition (0) days Personal or the time cf the sale dispositl less otherwise required by applicable law, reasonable notice shalt mean notice give at least of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the or on. demand d strict waiver by compliance P wi h that provision or any other provision. Election by Lender to pursue any remedy shall not paA s r ly's Etightts a othoth of erwise Remedies. exclude pursuit of any other remedy. and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage, Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, a? court be entitled er such sum as the court may adjudge reasonable as attorneys' tees at trial and on any appeal. of Its interest or the enter Involved, of reasonable expenses incurred by Lender that in Lenders opinion are necessary at any time for the protection on demand and shall bear interest from the date of expenditure unlit repaid at the rate its rided for shag In the become a Note. part of the Expenses covered indebtedness this paragraph include, without limitation. however subject to any limits under applicable law. provide Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post-judgment collection services, the cost of searching records, obtaining We repots (including foreclosure reports), surveyors' reports, and appraisal fees, and We insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be In writing, may be sent by tetefacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, ff mailed, shall be deemed effective when deposited in the United States mail first class. certified or registered mail, ran? of this Mortgage. Any party may change its address for notices under this postage prepaid, directed w the addresses shown near the begin . that the purpose of the notice is to change the party's address. All copies of Mortgage by giving formal written notice n the other parties, specifying Pa. shall notices o of foreciosyre from the holder of any lien which has priority over this Mortgage, pand urposes, Grento?ag?ees ?o keep Lesndeor infomsdtateail,times be sent to Lender's address. as shown near the beginning of this Mortgage. of Grantors current address. 800 iq,56piif 946 L05-13- oan No 8 L MORTGAGE Loan No (Collin d rage' 6• MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are s • part of this Mortgage: mendments, This Mortgage. together with any Related Documents, constitutes the entire understanding as matters set forth in this Mortgage. No alteration of or ammdnwnt to this Mortgage e effec ve Unl and agreanment of the parties d to the p? or parties sought to be charged or bound by the alleration or amendment. shalt be effective unless given in writing and signed by the Annual Reports. If the Property is used for purposes other than Grantor's residence, statement -of net operating income received from the Gcal Year shag uch fo to Lender, upon request, a certified "Net operating income" sfmag mean all cash receipts from the during Grantor's previous fiscal year in such form and detail as Lender shag require. Property, openly less all cash expenditures made in connection with the operation of the APPI100e Law. This Mon QW 1188 been delivered to Lender and ?tiW 311811 be governed and con ?Pte by Lender in the ylv of Pen by construed in ac=dance with the laws of the Corontonrvedth of f Pennsylvania. nsylvanie. This CaPUon Ffesdirlgs• Caption headings in this Mortgage provisions of this Mortgage. are for convenience purposes only and are not to be used to interpret or define the Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of lender. SeveraMBly. If a court of competent jurisdiction finds any provision of this Mortgage or such finding shag not render that provision We.,Md or unenforceable to any to be invalid arson o unenforceable as to any person such othw offending provision shag be deemed to be modified to be within the linmtlg ea it an validity, persons or 0 the offending tif teals, any such so modified, It shag be shicken and all other provisions of its M ntoroin v van, d the enforceable. cannot be Mortgage in all other respects s shall g remain vefid and enfceabl ble. Successom and Assigns. Subject to the limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shay be bonding upon and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property In a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors to this becomes vested Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage to this Mortgage and the Indebtedness. ortgage or lability under the Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Wirers and Consents. Lender shag not be deemed to have walved such waiver is in writing and signed by Lender. No delay or omission on 11he p itpad of under this Mortgage (n under the Reiafed Documents) unites such right or any other right. A waiver by any party of a provision of this Ma Lender in sztitute g any right Sher operate dioe the a parly's waiver of otherwise to demand strict compliance with that provision or any other provision. ge shrio alnotver constitute a Lenderwaiver any or prejq course of ? ddealing p bet n bet right Lender and Grantor, shag constitute a waiver of any of Lendes rights or any of Grantors o io , nor any consent by Lender is required in this Mortgage, the granting of such consent by Lender in any Instance shato any future ll not constitute continuing consent to ons. Whenever subsequent instances where such consent is required consent to GRANTOR ACKNOWLEDGES HAVING READ ALL THIS MORTGAGE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GRANTOR: ( Corporate Seal ) CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, PNC BANK, 4242 CARLISLE PIKE, CAMP HILL, PA 17001-81174 THE PROVISIONS OF TMS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. LUFF N & GARDEN, INC. ,::,•:::.......... ,.,,m,r,...,,.... By: JAA y;Y) STOUFFER, PRESI ATTEST: gooK 1456 PAGE, 947 ,age 9 of 33) A. 05413-1999 MORTGAGE Page 7 Loan No (Continued) CORPORATE ACKNOWLEDGMENT STATE OF 88 Kobeft A. Wes. VW6 /? ,, ••?'• r? ??? tits On this, the =L_ day of F'l 1192, balm me himself or herself to be the tsgEBlDiJ(T)oFti7?-1Ft LAWN undersigned Notary PubliC, personapy app d JAMES A. 8TOUFFER who acknowledged & GARDEN, INC., a corporation, and that he or she as such PRESIDENT, being authorized to do $o, Owuted the toregoirtg instrument for the purposes therein contained by signing the name of the corporation by himself or herself as PRESIDENT. In witness whereof, I hereunto set my hand and ofNClat seal. Notary blic in and the stated LASER PRO. Rea U.S. Pat. i T.M. Off.. Ver. 3.2z7) 19*8 CFI ProServlees, Inc. Alt rightc reserved. IPA-003 E3.24 LP3"321.LN 021.OVLI cpso Book 1456 rxF, 9418 Parcel Identification. Number: 01-22-0826-067 RECORDATION REQUESTED BY: PNC Bank. National Association Business Banking 4242 Carlisle Pike Camp Hip, PA 17001 WHEN RECORDED MAIL TO: PNC Bank, National Association Attn: P5-PCLC-01-i 2730 Liberty Avenue Pittsburgh, PA 15222 ur ,..:LL X006 AN 3 IPM 12 19 401037 jp-Z(.,40.79 FOR RECORDERS USE NLY try MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated November 9, 2005, is made and executed between LUFF LAWN & GARDEN, INC., whose address is 1590 STATE STREET, CAMP HILL, PA 17011 (referred to below as "Grantor") and PNC Bank, National Association, whose address is 4242 Carlisle Pike, Camp Hill, PA 17001 (referred to below as "Lender"). MORTGAGE. Lender and Grantor have entered into a Mortgage dated May 13, 1998 (the "Mortgage") which has been recorded in CUMBERLAND County, Commonwealth of Pennsylvania, as follows: DEED RECORDED: 5-13.98 DEED BOOK VOLUME: 1456 PAGE: 942 SITUATE IN BOROUGH OF CAMP HILL. CUMBERLAND COUNTY. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in CUMBERLAND County, Commonwealth of Pennsylvania: See the exhibit or other description document which is attached to this Modification and made a part of this Modification as if fully set forth herein. The Real Property or its address is commonly known as 1590 STATE STREET, CAMP HILL BOROUGH, PA 17011. The Real Property parcel identification number is 01-22-0826-067. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: THIS MORTGAGE SHALL BE INCREASED FROM $100,000.00 TO $180,000.00. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED NOVEMBER 9. 2005. THIS MODIFICATION IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MODIFICATION IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BODY ;723 PAGEg0)13 EXHIBIT C Loan No: 010784078 MODIFICATION OF MORTGAGE (Continued) Page 2 GRANTOR: LUI By: By: JKAT I INC. LENDER: CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, PNC Bank, nal Assoia on, Business Banking, 4242 Carrmle Pike, Camp Hil, PA 17001 or follows: BOOK 723 PAGE (014 MODIFICATION OF MORTGAGE Loan No: 010764078 (Continued) Page 3 CORPORATE ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA I I SS COUNTY OF _ jam hQ/ 14,n d I 0 jhis, the day of /roYlrll /?Q/ , 20 45 the undersigned Notary Public before me Pr ident and KATHLEEN T. STOUF Vice President of LUFF LAWN &8GARDENr INCAwwho acknoOwlleFdged themselves to be the President. Vice President of LUFF LAWN & GARDEN, INC., of a corporation, and that they as such President; Vice President of LUFF LAWN & GARDEN, INC., being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by themselves as President: Vice President of LUFF LAWN & GARDEN, INC.. In witness whereof. I hereunto sat my hand and official seal. OMMONWEALTH OF PENNSYLVANIA 1 /JQ No4?fiN Seal !/! u KW*m Ent K Tannenbaum, Notary Public in and for the State of L!t/I.SG/ ?I/Qr»Q n C'?anbNotary ptft Penr6borv Twpedarld ? Count ? My CpIInllssiM EltpNW Mar 5.2W8 LENDER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA i )SS COUNTY OF j?•?jp?,?? I On his day of the undersigned Notary ?Ptjbiic, 20 _ i personalty appeared who acknowledged himself or herself to of a lender, and that he or she as swh for the purposes therein contained by signing the name of the le derby himself orshe self ased C In witness whereof. I hereunto set my WINILMEALTH OF PENNSYLVA NOWWS" JW Marie *avmzuk, Notary Public Derry TVT- _Dauphin County me ke.I1 hand and official sealZ4Puic f7(?5(n 4- ? k?' N in and for the State of ?6 Member, Pennsyfvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA Notaft Jew Marie Notary Public Cony Twp., Dauphin MY Corrtrrnission courlty Expires Nov. 71 , 2006 Member, Pennsytvanie Association Of Notaries 54-.Y 1797.206. a OMrW. •?? BOOK 723 PAGE-it)_[,j ALL THE FOLLOWING DESCRIBED PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, 400 FEET SOUTH FROM THE SOUTHEAST CORNER OF SECOND AND SIXTEENTH (FORMERLY JACKSON) STREETS; THENCE EESTWARDLY 150 FEET ALONG THE SOUTH LINE OF LOT NO. 65 TO A 20 FEET WIDE ALLEY; THENCE SOUTHWARDLY 124.9 FEET ALONG THE WEST LINE OF SAID ALLEY TO FRONT STREET;THENCE WESTWARDLY 100.52 FEET ALONG THE NORTH SIDE OF FRONT STREET TO A POINT; THENCE NORTHWARDLY 112.2 FEET ALONG THE EAST LINE OF SIXTEENTH (FORMERLY JACKSON) STREET TO A POINT TO THE PLACE OF BEGINNING. I Certify this to be recorded In Cumberland County PA Recorder of Deeds Mox 723 PACE 4016 VERIFICATION I, Darnella Ganaway, Attorney Relations Manager, and duly authorized representative of PNC Bank, National Association, depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. Darnella tvay Attorney Relations Manager PNC Bank, National Association Pik w "t CD T-0 N c:a W UO S m? e CASE NO: 2007-06928 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS LUFF LAWN & GARDEN INC ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUFF LAWN & GARDEN INC the DEFENDANT , at 1350:00 HOURS, on the 30th day of November-, 2007 at 1590 STATE STREET CAMP HILL, PA 17011 by handing to JIM STOUFFER, OWNER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge y?a Sworn and Subscibed to before me this of So Answers: 18.00 14.40 .??,r?''',??,? ? ".?`"i' .00 j 10.00 R. Thomas Kline .00 42.40 12/04/2007 TUCKER ARENSBERG Byf- day Deputy Sheriff A. D. t .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 07-6928 Civil Term VS. LUFF LAWN & GARDEN, INC., PRAECIPE TO SETTLE AND DISCONTINUE Defendant. Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa I.D. 483746 bsolomongtuckerlaw.com Beverly Weiss Manne, Esquire Pa I.D. #34545 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. LUFF LAWN & GARDEN, INC., Defendant. CIVIL DIVISION No. 07-6928 Civil Term PRAECIPE TO SETTLE AND DISCONTINUE TO: PROTHONOTARY, CUMBERLAND COUNTY Kindly settle and discontinue the action filed in the above-captioned matter in favor of the Plaintiff, PNC Bank, National Association, and against the Defendant, Luff Lawn & Garden, Inc. Sworn to and subscribed before me this day.-Rf January, 2008. TUC R A BERG, P.C. By: B eft A. Solomon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 J. WX* NoWy P bk ftbW^ ftWft MWx,20W Vanis AaeoMon of Nola My Commission Expires: 7 FI PPENNS VAMA fir ;: ' J?s3! r''ublic ^1 1y copy 7K*M of e .;; ?&4R y23,2009 Rl W W Pennsylvania Aesoclat on of cedes BANK_FIN:316257-1 000011-134073 f+.> > ? i .? r .z: