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HomeMy WebLinkAbout08-0630Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 (717)393-3684 FAX (717)393-0653 Attorney I.D. #23239 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORICAUL PENNSYLVANIA STATE BANK, A DIVISION OF BLC BANK, N.A. Plaintiff Vs. DEAN N. GEKAS Defendant No. pg - r03o 6v; L Action in Mortgage Foreclosure NOTICE You have been sued in court. if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (800) 990-910 T mas G. Klingensmith A orney for Plaintiff I.D. #23239 ?;r' Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 (717)393-3684 FAX (717)393-0653 Attorney I.D. #23239 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA STATE BANK, A DIVISION OF BLC BANK, N.A. Plaintiff No. 0,'- 6 30 vs. DEAN N. GEKAS Action in Mortgage Foreclosure Defendant COMPLAINT 1. Plaintiff, Pennsylvania State Bank, A Division of BLC Bank, N.A., is a national banking association organized and existing under the laws of the United States of America having its principle office located at 2148 Market Street, Camp Hill, Pennsylvania, 17011. 2. Defendant, Dean N. Gekas, an adult individual whose last known address is 48 south Terrace Road, Wormleysburg, Pennsylvania, 17043. 3. This action is based upon certain mortgage dated April 6, 2006, which mortgage was executed by the Defendant in favor of the Pennsylvania State Bank and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 1907, Page 0362. Attached Exhibit "A" and incorporated herein by reference is copy of said Mortgage. 4. The Defendant is not in the military service of the United States of America or any of its allies. 5. The premises subject to said mortgage is located at 48 South Terrace Road, Wormleysburg, Cumberland County, Pennsylvania, 17043. The premises is more frilly described as follows: Attached Exhibit "B" incorporated and herein by reference. 6. The said mortgage is in default and subject to foreclosure because the Defendant has failed to pay when due, since October 6, 2007. 7. In accordance with the terms and conditions of the Note and Mortgage the whole principal debt secured thereby has become due and payable and recoverable immediately together principal debt secured thereby has become due and payable and recoverable immediately together with all interest due thereon with reasonable attorney fees and costs of suit and escrows, if any. 8. The amount due on said mortgage as of January 8, 2008, is computed as follows: A. Principal Balance - $26,219.18 B. Delinquent Interest - 729.84 C. Late Charges - 107.35 D. 5% Attorney Fees - 1,352.82 Total Costs Due - $28,409.19 9. The requirements of Act 6 of 1974 and the requirements of Act 91 of 1983 have been fulfilled and attached herein is Exhibit "C" incorporated herein by reference. WHEREFORE, the Plaintiff demands judgment in rem in the sum of $28,409.19, together with all costs, interests, escrows, late charges, reasonable attorney fees and escrows, if any, and for the foreclosure and sale of this premises. GINGRICH, SMITH, KLINGENSMITH & DOLAN By: ; :h6mas G. Klinge n Attorney for Plainti 45 East Orange Street Lancaster, PA 17602 (717)393-3684 I.D. #23239 rr2'ECORDATION REQUESTED BY. Pennsylvania State Bank Camp Hill office 2148 Market Street PO Box 487 Camp Hill, PA 17011 WHEN RECORDED MAIL TO: Pennsylvania State Bank 1097 Commencial Avenuo, P.O. Box 3a East Petersburg, PA 17520-0038 7/15'o0000 RECORD S RETURN TO ECURITY SEARCH & AOSTRACT CO., INC r :' - CL' SUITE 159 c,', C i_'-? 111 PRESIDENTIAL BOULEVARD GALA CYNWYD, PA 19004 ?OII? ?fiyy 13 R? 1? S Y OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTIJ!RE-ADVANCES THIS MORTGAGE dated April 6, 2005, Is made and executed between Constantine N Gekas and Irene A Gekas, whose address is 48 South Terrace Rd, Wormleysburg, PA 17043 (referred to below as "Grantor") and Pennsylvania State Bank, whose address is 2148 Market Street, PO Box 487, Camp Hill, PA 17011 (referred to below as "Lender"). i GRANT OF MORTGAGE For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; at easements, rights of way, all liberties, privileges, tenements, hereditamerds, and appurtenances thereunto belorgig or anywiso made appurtenant hereaftar, 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, gealhermal and sirillarmatters, (the "Real Property") located In Cumberland County, Commonwealth of Pennsylvania: It belldeg the same tract of land which Dean N Gekas Witte Constantine N Gekas and Irene A Gekas by their ed dated February 18, 2005 and recorded In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 267 at page 4178 transfered and conveyed unto Constantine N Gekas and Irene A Gekas, mortgagors herein. The Real Propertttyy or its address Is commonly known as 48 South Terrace Road, Wormleysburg Borough, Wormleysburg, PA 17043. The Real Property parcel identification number is 47-20-1856-032. REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness Including, without limitation, a revolving line of credit, which obligates Lender to make advances to Borrower unless Borrower fails to comply with as the terms of the Credit Agreement Such advances may be mods, repaid, and remade from Ume to time, subject to the limitation that the total outstanding balance owing at any one time, not Including finance Merges on such balance at a fixed or variable rate or sum as provided In the Credit Argeernent, any temporary overages, other charges, end any amounts expended or advanced as Provided In either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as Provided in the Credit Agreement It Is the Intention of Grantor and Lender that this Mortgage secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Mortgage and an, Intermediate imafance, plus :aterest. Grantor presently assigns to Lender all of Grantor's right, tile, and Interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Leader a Uniform Commercial Code security interest In the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT WITH THE CREDIT LIMIT OF 128,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any 'one action' or 'anti-deficiency' law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Landers cormhencement or completion of any foreclosure action, either judicially or by exercise of a power of -- -- --- GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at Borrowers request and not at the request of Lender, (b) Grantor has the lull power, right, and autnorty to amen into this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a default under any agreement or other Instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrowers financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). PAYMM,iT AND PERFORMANCE. Except as otherwise provided in this Mortgage Borrower shah pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall atrichy perform all Borrowers and Grantors obligations under this Mortgage. POSSESS!ryfm AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrowers and Grantors possession and use of the Property shah be govemad by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor hey (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Reins from the Property. Duty to Maintain. Grantor shall maintain the Property In good condition and promptly perform all repairs, replacements, and mainance nte nocessary to preserve d? value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) an use, generation, manufacture. storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about any from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant contractor, agent or other authorized user of the Property shah use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such actvity shall be conducted In compliance with all applicable federal, state, and local laws. regulations and ordinances, Including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantors expense, as Lender may deers appropriate to determine compliance of the Property with this section of the Mortgage. Any Inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to create any responsibility or hablity on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantors due diligence In investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Leber for indemnity or contribution in the event Grantor aecunes liaNs for clea,;up or c: to., ctat4 undo:: any suzh Iftw%, and (2) aortas to Indemnify and h Ad harmte$a L9nder against any" all claimxs, losses, liabiltiies, damages, penalties, and expenses which Lender may directly or inclrectly sustain or sulfur resuiting from a breacn of this section of the Mortgage or as a consequence of any use, generation, maiufaclure, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The 8K ! 907PGO362 EXHIBIT ,4 if MORTGAGE (Continued) Page z provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and recomeyance of the Nan of this Mortgage and shall not be affected by Lender's acquisition of any interest In the Property, whether by foreclosure or otherwise. Nulsonce, Waste. Grantor shall riot cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Wlthout limiting the generality of the foregoing, Grantor will not remove, or grant to any other parry the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any improvements, Lander may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Larder's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantors compliance with the terms and conditions of this Mortgage. Compliance with Govemmental Requirements. Grantor shag promptly comply with all laws, ordinances, and regulations, now or hereafter in effect of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance; or regulation and withhold comnpliRnno during any..prxeeding, indudirg appropriate. appeals,.-so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion. Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect Grantor agrees neither to abandon or leave unaltonded the Property. Grantor shag do all otter acts, In addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to prolact and preserve the Property. DUE ON SALE %CONSENT BY LENDER. Lander may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A 'sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment safe contract, lend contract, contract for deed, leasehold interest with a term greater then three (3) years, lease-option contract or by sale, assigrhmenL or transfer of any beneficial interest in or to any land trust holding; title to the Real Property, or by any Other method of conveyance of an Interest in the Real Property. However, this option shall not be exercised by Lender lt such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shag pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sower service charges levied against or on account of the Property, and shall pay when due all dawns tar work done on or for services rendered or material furnished to the Property. Grantor shall maintain (he Property free of any hens having priority over or equal to the interest of Lender under this Mortgage, except or the Existing Indebtedness referred to In this Mortgage or those liens specifically agreed to in writing by Lender, snit except for the lien of taxes and assessments rat due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any lax, assessment, or claim in connection with a good faith dispute over the obligation to pay, to long as Lender's Interest in the Property Is not jeopardized. If a lien arises or Is food as a result of nonpayment. Grantor shall within fifteen (15) days after the Men arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the fling, secure the discharge of the lien, or it requested by Lander, deposit with Lender cash or a sufficient corporate surety bond or otter security satisfactory to Lander In an amount sufficient o discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shag defend itself and Lander 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- - - Y - _ _ _ Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmerh's lion, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lander furnish to Lender advance assurances satisfactory to Lander that Grantor can and will pay the cost of such ktprovarnants. PROPERTY DAMAGE INSURANCE The following provisions relating to Insuring the Property are a pert at this Mortgage: Mal-ntenance of Insurance. Grantor shag procure and maintain policies of fire insurance with standard extended coverage endorsements on an actual cash value basis for the fug insurable value-covering an improvements on the Real Property in an amount sufficient to -avoid application of any coinsurance pause, and with a standard mortgagee clause in favor of Lender. Policies shall 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 canceled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the Insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of tender will rat bo Impaired In any way by arty, act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, within 45 days after notice Is given by Lender that the Property is located in a special Rood hazard area, for the full unpaid principal balance of the loan and any prior liens an the property securing the ban, up to the maxkrum pogcy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan -Application or-Pfd&ads-Grantor shall jiiiii y nifty 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 Lenders security is impaired, Lender may, at Lenders election, receive and retain the proceeds of any Insurance and apply ire proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. It Lender elects to apply the proceeds to restoration and repair, Grantor shall repair of replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof at such expondgure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Larder under this Mortgage, then to pay accrued interest, and the remainder, it any, shag be applied to the principal balance of the Indebtedness. If Lander holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's Interests may appear. Compliance with Existing Indebtedness. During tte period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness stall constitute compliance with the Insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of Insurance requirement If any proceeds from the Insurance become payable on loss, the provisions In this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security Interests, encumbrances, and other claims, (0) to provide any required Insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lander may do so. If any action or proceeding is commenced that would materially affect Lender's Interests in the Property, then Lender on Grantor's behalf may, but is riot required to, take any action that Larder believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then beat interest at te.rcharged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. Ag'sudfi eirherhses v txtcarre a part of the indebtedness and, at Londoes option, will (A) be payable on demand; (B) be added to the balance at the Credit Agreement and be apportioned among and be payable with any instalment payments to became due during elther (1) the term of any applicable insurance policy-, or (2) the remaining tern of the Credit Agreement; or (C) be treated as a balloon payment which wig be due and payable at fife Credit Agreement's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be In addition to 814 07PC0363 J. MORTGAGE (Continued) Page 3 any other rights or any remedies to which Lander may be entitled on account of any default. Any such action by Lender shall rat be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and dear of all liens and encumbrances other than those set forth in the Real Properly description or In the Foisting Indebtedness section below or in any title insurance policy, title report or final title opinion Issued in favor of, and accepted by, Lander in connection with Oils Mortgage, and (b) Grantor has the ill right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Toga Subject to the exception in the paragraph above, Grantor warrants and will forever defend she title to the Property against the lawful claims of all persons. In the event Any action or proceeding is commenced that questions Grantor's thle or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Larder shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Larder such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable taws, ordinances, and regitlalbrs of gnvgrnnenod suthort ies. . .. _, Survival of Promises. All promises, agreements, and statements Grantor has made In this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and affect until such time as Borrowers Indebtedness is paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default wrier the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over this Mortgage by which that agreement Is modified, emended, extended, or renewed without the prior written consent'of Lender. Grantor shall neither request nor accept Any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shag promptly notify Lander in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal parry in such proceeding, but Lender shag be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Not Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of ecrdemnation, Lender may at Its election require that all or any portion of the net proceeds of the award be applied to tine Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' lees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Few and Charges. Upon request by Lender. Grantor shag execute such documents in addition to this Mortgage and take whatever ether action Is requested by. Lender to !perfect and continue Lender's lien on the Real Property. Grantor shag reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The lclfowirg shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower which Borrower is augarized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Credit Agreement and (4) a specific tax on All or any portion of the Indebtedness or on payments of principal and Interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of finis Mortgage, this event shag have the same effect as an Event of Default and Lender may exercise any or all of its available remedies for an Event of Oefauft as provided below _unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bohd or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement This instrument shag constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shag 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 Lender, Grantor shag take whatever action Is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and wIl foul further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon detauh, Grantor shall not -e-jer ^r Attach the PersonU_Proowty from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (a) days alter recaipt of written demand from Larder to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured parry) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as slated on the first page of this mortgage. FURTHER ASSURANCES; ADDn10NAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be flied, recorded, rallied, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security Agreements, financing statements, continuation statements, insbuments of further assurance, certificates, and ether documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, period. continue, or preserve (1) Borrower's and Grantor's obligations under the Credit Agreement this Mortgage, and the Related Documents, and (2) the gars and security interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorhattons. It Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably auMorizes Lender to make, execute, deliver, file, record And do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the _ procading pareorlph. It is understood that nothing set forth herein shag require lender to take any such actions. FULL PERFORMANCE II Borrower pays all the Indebtedness when due, terminates the credit line account, and'othemise performs-all fie obligations imposed upon Grantor under this Mortgage, Lender shall execute and deriver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any finarrcing statement on vile evidencing Lender's security interest in the Rents and the Personal Property. BK 1907PGO364 MORTGAGE (Continued) Page a Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Leader from time to time. EVENTS OF DEFAULT. Grantor will be In default under this Mortgage it any of the following happen: (A) Grantor commits fraud or makes a materialRnisrepresentation at any time In connection with the Credit Agreement. This can include, for example, a false statement about Borrower's or Grantor's Income, assets, liabilities, or any other aspects of Borrower's or Grantor's financial condition. (B) Borrower does not most the repayment terms of the Credit Agreement. (C) Grantor's action or Inaction adversely affects the collateral or Lender's rights in fie collateral. This ran include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Landers option, may exercise any one or more of the following rights and remedies, In addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the tight at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedes. With respect to an or any par of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and collect the Rents, including' amounts past due and unpaid, and apply the net proceeds, over and above,Lenders'"crisis, against'ffie indebtedness: In furtherance of this right. Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. It the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof In the name of Grantor act to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shell satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Recolver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to pMict and preserve the Property, to operate the Properly preceding foreclosure or safe, and to collect the Reds from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without Ixxd it pormittegby law. Lenders right to the appointment of a receiver shag exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shag not disqualify a person from serving as a receive. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantors interest in all or any part of the Property. Nonjudicial.Sale; II permitted by applicable law, Leader may foreclose Grantors interest In all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficlency Judgment Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received fiom the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Credit Agreement or available at law or in equity. Sale of the Properly. To the extent permitted by applicable law. Borrower and Grantor hereby waives any and an right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sag 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 pudic sale on all or any portion of the Property. Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property Is to be made. Unless otherwise required by applicable law, reasonable notice shag mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Al of Lender's rights and remedies will be curxAative and may be exercised alone or together. An election by Lander to choose any one remedy will not bar Lender from using any other remedy. It Lender decides to spend money or to perform any of Grantors obligations under this Mortgage, after Grantor's. failure to do so, that decision by Lender will not affect Lenders right to declare Grantor in default and to exercise Lenders remedies. Atlomeys' fees; Expenses. If Larder Institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover suc_h_surn as 111e mi map adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, ail reasonable ehgienses larder incurs that In-Lander's-opinon arerecessary at anytime - lor the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the dale of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lenders attorneys' fees and Lenders legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate arty automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining We reports (including foreclosure reports), surveyors' reports, and appraisal lees and title Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. 1 NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shag be effective when actually delivered, when actually received by telefacsfmile (unless otherwise required by law), when deposited with a national/ recognized overnight courier, or, if mailed, when deposited In the United,States rnall, as first class, certiLsd.ncregistered-mal.poslage prepaid,- directed to the'addressta ah6wn heir the bedinning of this WEr Page. Alf copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving fomhal written notice to the other person of persons, specifying that the purpose of the notice Is to change the person's address. For notice purposes, Grantor agrees to keep Lender, informed at all times of Grantors current address. Unless otherwise provided by applicable low, it there is more than one Grantor. any notice given by Lender to any Grantor is deemed to `JO notico given b all Grardorc. It will be Grantor's responsibility to tell the others of the I notice from Ladder. ADDITIONAL PROVISIONS. Teets not otherwise defined in this Mortgage shag have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean In lawful money of tho United States of America. . GOVERNING LAW. If this Mortgage or Deed of Trust has been accepted by us in the Commonwealth of Pennsylvania, this Mortgage or Deed Of Trust will be governed by the laws of the Commonweelth of Pennsylvania, except to the extent that such laws have been pre-empted or superseded by federal law. If this Mortgage or Dead of Trust ties been accepted by us in the State of Maryland, dvs Mortgage or Deed of Trust will be governed by the laws of the State of Maryland, except to the extent that such laws have been pre-empted or superseded by federal law. If the Mortgaged Property is located within the State of Maryland, the Lender elects to have the Mortgage or Deed of Trust governed by Subtitle 9, Credit Grantor Open-End Credit Provisions, of Tntle 12 of the Commercial Law Article of the Annotated Code of Maryland. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantors entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Mortgage are or convenience purposes only and are not to be used to Interpret or define the provisions of this trr9 0 7 PG 036 5 MORTGAGE (Continued) Page 5 Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Joint and Several Liability. At obligations of Borrower and Grantor under this Mortgage shall be joint and several, and all rereren:es to Grantor shag mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Borrower and Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The tact that Lender delays or amts to exercise any right wig riot mean that Larder has given tip that right. If Lender does agree in writing to give up one or Landers rights, that does not mean Grantor wt# not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lander does consent to a request, that does not mean that Grantor will riot have to get L~s consent again it the situation happens again. Grantor further understands that just because Lander cmsent& to one or more of Grantors requests, that does not mean Lender win be required to consent to any of Grantors future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Severability. 11 a coup finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court well enforce the rest of the provisions of this Mortgage even it a provision of this Mortgage may be found to be invalid or unenforceable. Merger- There cha!! be no-merger of ":o !nterest or estate created by this MertgaC.e with s y cths interest or a :ta!e in the Prepe ty zt city time held by or for the benefit of Lander in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shag be binding upon Grantor, and upon Granters heirs, personal representatives, successors, and assigns, and shag be enforceable by Lander and its successors and assigns. Time Is of the Essence. Time is of the essence In the performance of this Mortgage. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word 'Borrower' means Constantine N Gekas and includes all co-signers and co-makers signing the Credit Agreement Credit Agreement. The words "Credit Agreement" mean the credit agreement dated April 6, 2005, With credit limit of $28,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ol, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. Environmental Laws. The words 'Environmental Laws' mean any and an state, federal and local statutes, regulations and ord'raances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmen0l.lisPporrss," Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Supedund Amen4nerrts•and:, Reauthorization Act of 1986, Pub. L No. 99-499 ('SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Ssction,11101; etueq:,'Ifin Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et a"., or other applicable state or federal Iaw9,-miles, or regikatbns adopted pursuant thereto. Event of Default. The words "Event of Default' mean any of the events of default set lorth in this Mortgage in the events-6- delault sac!-m:of this Mortgage. i,.._'•"%,v' `, Existing Indebtedness. The words 'Existing Indebtedness' mean the Indebtedness described in the Existing'L rZ prcveshm;of,?its,.o Mortgage. Gv? ?n ?,• Grantor. The word "Grantor' means Constantine N Gskas and Irene A Gekas. Hazardous Substances- The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handed- The wads 'Hazardous Substances' are fed it'. their. very bmadeat senso end inN•_de ?.ithc•? !i:.4etior: any erd a:1:u?c-C.•,rs or !oxw sv?tezees, mata:!sk c: nusta as deg gad by or listed under the Environmental Laws. The term "Hazardous Substances' also Includes, without Ikrdtatkxt, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word 'Improvements' means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other Construction on the Real Property. Indebtedness. The word 'Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Granci obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with Interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future - shall -relate back-to the-date of this Mortgage ------ -- Lender. The word 'Lender' means Pennsylvania State Bank, its successors and assigns. The words "successors or assigns' mean any person or company that acquires any interest in the Credit Agreement. Mortgage. The word 'Mortgage' means this Mortgage between Grantor and Lender. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance prnrseds and refunds of premiums) from any sale or other disposition of the Property. Property. The word 'Property' means collectively the Real Property and the Personal Property. R&3 Pxope i -. Thta wor:.-'Rual F4praiiy" a .,, prop;t;; i Yer9 Y , rd .12M , ae furRwr dasmrfbed in this Mortgage. Related Documents- The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all otter instruments. agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. Tate word 'R?nls meanr?r.ll nresert.rM.!tmlrt•.rgnk; rgVentwa, wbmn.nsu?a, rny24eg; prnfits emit e±hw henef c. !w^. !•frn ^ rite- Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BK 1907PGO366 MORTGAGE . (Continued) Page '6 CERTIFICATE OF RESIDENCE I hereby certify, That the precise address of the mongegee, Pennsylvania State Bank, herein is as follows: Camp Hill Office, 4148 Market Street, PO Box 487, Camp Hill, PA 17011 Attorney or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT i COMMON'JYEALTH OF PENNSYLVANIA ) Nao) SS NN* aCOUNTY OF f MY 10111MAIIII)n Mrtepsf, W?11NaNe Msoridbh Of Notares On this, the day of 4?V2/? , pp-41?, before rre ? 'nTJ^ the undersigned Notary Public, personally appeared Constantine N Gelras and Irene A Gelw, known to me (or satisidblordy proven) to be the person whose names are subscriled to the within instrument, and acknowledged that they executed the same for the purposes therein contained. yam, In WA1165 whereof, I hereunto set my hand and official ?`- ??`?yA1 h Z ^ Notary Public in and for the Stale of pr •.;•arh RV ¦ CORU & RETURN TO ECURITY SEARCtH EAB 9TRACT CO., INC 111 PRESIDENTIAL BOULEVARD __BALA CYNWYD, PA 19004 t ;>1-t i fy this to be recorded i-, Cumibf;rland County PA 10 Recorder of Deeds SK 19 0 7 P G 0 3 6 7 ? ! T RCSi RT P. ZIEGLER P 'CRI'ER Or n t??? EES 2005 MR8 7 RN 1154 Parcel Number 47-20-1856-032 Co?TIVE DEED THIS DEED, made this Friday, February 18, 2005, BETWEEN Dean N. Gekas, a/k/a Constantine N. Gekas and Irene A. Gekas, husband and wife, Grantors AND Constantine N. Gekas and Irene A. Gekas, husband and wife, Grantees WITNESSETH, That in consideration of the sum of One ($1.00) Dollar, In hand paid, the receipt whereof Is hereby acknowledged, the said grantors do hereby grant and convey to the said Grantees, their heirs and assigns ALL that certain piece or parcel of land, situate In the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Greenwood Circle at the Southern line of lands now or late of Harold A. Herne and Jane M. Herre, his wife; thence along the western line of Greenwood Circle, In a southwar* direction, a distance of one hundred fifty (150) feet to a point to line of other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife; thence along said other lands now or hate of Robert M. Mumma and Barbara M. Mumma, his wife. In a westwardly direction by a line parallel to the southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife, a distance of two hundred fifty (250) feel, more or less, to a point on the eastern line of Lot No. 45 on said hereinafter mentioned Plan of Lots, the line of lands now or late of Edwin B. Romig an d Virginia Romig, his wife, thence along said eastern line of Lot No. 45 in said hereinafter mentioned Plan of Lots and the eastern line of Lot No. 44 on said Plan, in a northwantly direction, a distance of one hundred fifty (150) feet to a _point on the southern line of lands now or late of Harold A. imend Jans_M. Hems, his wife; and thence along said southern line of Harold A. Hernre and Jane M. Herre, his wife, In an eastwardly direction a distance of two hundred fifty (250) feet, more or less, to a point on the westem line of Greenwood Cirde, the place of BEGINNING. BEING the southern one-half (1/2 ) of Lot No. 47 and the northern part of Lot No. 46 on the Revised Plan of Pennsboro Manor as recorded in the Office for the Recording of Deeds in and for the County of Cumberland in Plan Book 3, Page 6. nor 02,67 RICEV'7t3 EXHIBIT ,$ _ ..__:...__ REALTY TRAM FER t x -- - - - +sn?µu STATEMENT OW VALUE ?. too. W..bw WORM CO RmMa4Al TOJ= wAU=Ad 2"m uoew S.. Rwome for Inutt.dions CgmpiMO Pads &"Ion and file in dloplcate with Rmmrder ad Goods Whom (1) the fail vduarramaidmotion is not set forth in 16 4004 Iz) wines t,. dNd it without ao"Weratlan or by yy7t, at ]) a but ousmMian is doived. A Statement of Velum If 00 ngwbed if the tMMfer it VA* e><enkpt Irani tout based am f1I feekr?tr rofatbrsdkip or a Public Willy smotmq p noon wave J! uosim_a14adt oddxiomi shwisi A IffIROWSPONMEIIIT . All irseuirl m mrsm he directed to the f dinwlnn sernonr Area CAdr i 71.71727 8 TRANSFER DATA Dom of tomes' n•0t yew. mss rj ^ ALI w Lam SU%W Address jig reN Adam r Y* C"O • 2mc . 1'7 3 y 0 zip Code Rm - P o 3 2. Check Appreprtate Mz Below hr Eeempllem Clebeod ? WIII or Immstote sucepaien acs ? Trorrder to tndusbfal Qewbpmom Agoomy. ? Tronslor ie a trust. (Attack tamplap copy of ma agnumont identifying all bar"dasfos.) ? Trander botwow prlnkafpal and agent. (Attach compMe copy of agency/rtrow party agkomomm.) ? Tronden to tht Co m malk dw Utdted 3Wa and Momwmd>fim by QW, dodbaalW, condemnation or to tau of madememtioo. - VI-0-1 wnnofim or IN liur Of a *fIOe mien, aUoch Copy aI sepoietive.J ? Tronafer team tpartgagor to a haldor ei a reessgago In dehuh. Mortgage Book Number , fogs Number ? Corr"vo or cwArm " deed. (Attack complete Dopy of the prior died being comes d or mohmad.) ? Stmutmy Wrporate rmesoUCWM nIOW or divfrian. (Attach copy of artidsr.) Other IPieo/wI eaWin oxmptim hmMm-odor I other *on xned above.) - - UldorPaedtl?viiar. f doclm.tLallltrw.ettantmedt111m Seae.tttettb kelw/gaoonM'awyMrg t?denssaMottr •ni tael.s boorof Islrlos..wMeh. vW boN, i true. once, mad ee w9oft. FAtWiti_--_foCOaAI mTms FomIEOPRLYORArrAcHA"LKABUDOCUAAQRATION?MAYRESNLTINTHEREOOWR'SACFUSAL TO REOORD THE GNO. eaax 26"? PAGEQ?,E C PROPERTY LOCAnON Certificate of ResMence I hereby certify, that the precise residence of the Grantees herein is: 48 south Terrace, Wormleysburg, PA 17043 M____ /gent r Grantees Commonwealth of Pennsylvanla : : ss. County of Cumberland: On this, Friday, February 18, 2005, before me, a notary public, the undersigned officer, personally appeared Constantine N. Gekas, also known as Dean N. Gekas and Irene A. Gekas, his wife, known to me (or satisfactorily proven) to be the person(s) whose name(s) helahetthey subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. Notary uourruu sic y Commission Expires: WM R M,rs, me"Pak% 1a9 of Cote reL UK*@*na MM M w C-Ift & MM egwr.. Apt a% s0 My Cornmisslon Expires: t . r? , :,? _ , r: led Commonwealth of Pennsylvania • ss. County of RECORDED in the Office for Recording of Deeds, etc., In and for said County, in Record Elook No. Page WITNESS my Hand and Offrcial Seal this day of 2005. Recorder of Deeds , BOOK 267 PACE410) BEING; THE SAME PREMISES which The Estate of Kenneth G. Seachley, by Eden 13. Jenkins and Michael C. Beachley and Manufacturers and Traders Trust Company successor by merger to AIIBrst Trust Company of Pennsylvania, N.A. Co-Executors of The Kenneth G. Beachley Estate, granted and conveyed by deed dated June 10, 2003, unto Dean N. Gekas and Irene A. Gekas, the Grantors herein, and recorders on September 4, 2003, in the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book 259, Page 478. This transfer Is exempt from the Pennsylvania Reai;y Transfer Tax in that it is a corrective deed correcting the error in die preceding deed wherein Grantor, Constandne N. Gekas, herein was envneoasly reflex to as Dean N. Gekas, CowlanBne N. Gekas and Dean N. Gekas are one In the same. And the said Grantors do hereby Warrant Specialty the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals, the day and year first above-writ's Sealed in the presence of. Witness Vvftn is witness 000, 267 Fwc.?q Addkhhhhh Pennsylvania State Bank A Division of BLC Bank, N.A. ecember 7, 2007 -EAN N GEKAS 8 SOUTH TERRACE RD JORMLEYSBURG PA 17043 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou whenou meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are sted at the end of this-Notice. If you have any questions you may call the Pennsvivania Housing Finance A ency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. A NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A ONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION ,BTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA OUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER LEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY IORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL ERECHO A REDIMIR SU HIPOTECA. EXHIBIT /1/r t, OMEOWNER'S NAME(S): DEAN N GEKAS ROPERTY ADDRESS: 48 SOUTH TERRACE RD . WORMLEYSBURG, PA 17043 DAN ACCT. NO# 7150000040 URRENT LENDER/SERVICER: Pennsylvania State Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE SSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE SSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE AYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA OUSING FINANCE AGENCY. EMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of rec osure on your mortgage for thirty (30) days from the date of this Notice. During that time you must range and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at e end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT PPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO ATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" XPLAINS HOW TO BRING YOUR MORTGAGE UP TO'DATE ONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling 3encies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days 'ter the' date of this meeting. The names, addresses and telephone numbers of designated consumer edit counseling agencies for the county in which the property is located are set forth at the end of this once. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your tentions. 4PPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth ater in this Notice (see following pages for specific information about the nature of your default.) If you -lave tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Assistance Program. To do so, you must fill out, sign and file a -ompleted Homeowner's Emergency Assistance Program Application with one of the designated consumer :redit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the 'ennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. (OU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT =OLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE NILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing =inance Agency has sixty (60) days to make a decision after it receives your application. During that time, io foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION OF BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) 4ATURE OF THE DEFAULT - The MORTGAGE-debt held by the above lender on your property located at: 48 SOUTH TERRACE RD WORMLEYSBURG, PA S SERIOUSLY IN DEFAULT because: k. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: OCTOBER 2007 $538.25 NOVEMBER 2007 $524.38 DECEMBER 2007 $524.38 Other charges (Late fees): $81.13 TOTAL AMOUNT PAST DUE: $1,668.14 SOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this iotice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,668.14 PLUS ANY OORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY 'ERIOD. Payments must be made either by cash, cashier's check certified check or money order made )arable and sent to: Pennsylvania State Bank Attention: Collection Dept 949 East King Street Lancaster, PA 17602 !ou can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this titter. (Do not use if not applicable). F YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the late of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This neans that the entire outstanding balance of this debt will be considered due immediately and you may use the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is iot made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to oreclose upon your mortgaged property. F THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay iff the mortgage debt. If the lender refers your case to its .attorneys, but you cure the delinquency before -ie lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's ties that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you sill have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. any attorney's fees will be added to the amount you owe the lender, which may also include other aasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required c pay attornev's fees W )THER LENDER REMEDIES - The lender may also sue you personally for the unpaid balance and all ther sums due under the mortgage. TIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within ie THIRTY (30) DAY period and foreclosure proceedings have begun, you stall have the right to cure the efault and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving le total amount then past due plus any late or other charges then due reasonable attorney's fees and osts connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified i writing by the lender and by performing any other requirements under the mortgage Curing your efault in the manner set forth in this notice will restore your mortgage to the same position as if ou had never defaulted. ARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's ale of the mortgaged property could be held would be approximately 3 months from the date of this otice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the mount needed to cure the default will increase the longer you wait. You may find out at anytime exactly hat the required payment or action will be by contacting the lender. OW TO CONTACT THE LENDER: Name of Lender: Pennsylvania State Bank Address: 949 East King Street Lancaster, PA 17602 Phone Number: (717) 735-5711 Fax Number: (717) 396-7518 Contact Person: Steve Landis FFECT OF SHERIFF'S SALE-- You should realize that a Sheriffs Sale will end your ownership of the Mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's ale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at -iy time. SSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will ssume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and Dsts are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU_MAY_ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO ORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IFNO DEFAULT HAD CCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE OUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY THER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE =NDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Urban League of Metropolitan Harrisburg N. 6Th Street Harrisburg, PA 17101 (717) 234-5925 is only necessary to schedule one face-to-face meeting. You should advise Mr. Landis at PA State Bank, zmediately of your intentions. imberly Martin pan Adjustor E C O m Rm y ? :? ? agcy r n ? I L In n A VEF U - T Postage n Certified Fee 7 (Endorse met Required 7 (Endo?rse?edrnenntelReequirred) J J Total Postage & Fees Sent To ree 4- PO BOx No. t'4D 4< COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER )SS: David W. Prevost, being duly sworn according to law, deposes and says that he is Vice President/Special Assets of the Pennsylvania State Bank, A Division of BLC Bank, N.A., and that he is authorized to make this Affidavit on its behalf, that the facts set forth in the foregoing Action in Mortgage Foreclosure are true and correct to the best of his knowledge information and belief. David W. Prevost Sworn and subscribed to before me this day f 2008. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A. Wes, Notary Public East Petersburg goro, Lancaster. County My Commission E)ires Aug. 9, 2008 Member, Pennsylvania Association Of Notaries O r'+{ _ - rn .. NY r ? DIP SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00630 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENNSYLVANIA STATE BANK VS GEKAS DEAN N R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GEKAS DEAN N but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , GEKAS DEAN N 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff's Costs: So answers: Docketing 18.00 Service 46.08 - Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 00 311116? C?- 79.08 GINGRICH SMITH KLINGENSMITH 02/29/2008 Sworn and Subscribed to before me this day of , A. D. Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 (717)393-3684 FAX (717)393-0653 Attorney I.D. #23239 Attorneyfor Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA STATE BANK, A DIVISION OF BLC BANK, N.A. Plaintiff vs. DEAN N. GEKAS Defendant NOTICE COPY No. cs _ (.3p C?Vi l Term, Action in Mortgage Foreclosure 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 objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU .'L-- A if It ?: M?E"R-C-A-NNOT--4F-FORD-ONE;-GO-T-O-0R-TET-EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (800) 990-910 1 (M" FR0M REWRD Tomas G. Klingensmith a testlmony WherW,1 h"9 UMO set my hand Attorney for Plaintiff *d Xh8 SBdl 0i WM Cwd &t CPIi*, Pa. I.D. #23239 Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 (717)393-3684 FAX (717)393-0653 Attorney I.D. #23239 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA STATE BANK, A DIVISION OF BLC BANK, N.A. Plaintiff No. vs. DEAN N. GEKAS Defendant COMPLAINT Action in Mortgage Foreclosure 1. Plaintiff, Pennsylvania State Bank, A Division of BLC Bank, N.A., is a national banking association organized and existing under the laws of the United States of America having its principle office located at 2148 Market Street, Camp Hill, Pennsylvania, 17011. 2. Defendant, Dean N. Gekas, an adult individual whose last known address is 48 south Terrace Road, Wormleysburg, Pennsylvania, 17043. -?hi° action -is-based upon seta n--mortgage t°,a n,,,.;' A -nn?_?hieh?was -- executed by the Defendant in favor of the Pennsylvania State Bank and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 1907, Page 0362. Attached Exhibit "A" and incorporated herein by reference is copy of said Mortgage. 4. The Defendant is not in the military service of the United States of America or any of its allies. 5. The premises subject to said mortgage is located at 48 South Terrace Road, Wormleysburg, Cumberland County, Pennsylvania, 17043. The premises is more fully described as follows: Attached Exhibit "B" incorporated and herein by reference. 6. The said mortgage is in default and subject to foreclosure because the Defendant has failed to pay when due, since October 6, 2007. 7. In accordance with the terms and conditions _of the Note and Mortgage the whole Mocipai e ecure ere y as ecome due and payable and recoverable immediately together ?~ principal debt secured thereby has become due and payable and recoverable immediately together with all interest due thereon with reasonable attorney fees and costs of suit and escrows, if any. 8. The amount due on said mortgage as of January 8, 2008, is computed as follows: A. Principal Balance - $26,219.18 B. Delinquent Interest - 729.84 C. Late Charges - 107.35 D. 5% Attorney Fees - 1,352.82 Total Costs Due - $28,409.19 9. The requirements of Act 6 of 1974 and the requirements of Act 91 of 1983 have been fulfilled and attached herein is Exhibit "C" incorporated herein by reference. WHEREFORE, the Plaintiff demands judgment in rem in the sum of $28,409.19, together with all costs, interests, escrows, late charges, reasonable attorney fees and escrows, if any, and for the foreclosure and sale of this premises. GINGRICH, SMITH, KLINGENSMITH & DOLAN _ By: 45 East Orange Street Lancaster, PA 17602 (717)393-3684 I.D. #23239 ------- ---- - -------- Thomas G. Klinge mith Attorney for Plainti 7/S00000'`d RECORD & RETURN TO 'PECORDATION REQUESTED BY: y`" r :. 'ir- •. State Bank SECURITY SEARCH & ABSTRACT CO., INC Pennsylvania 00:, Camp Hill Office SUITE 159 ?c%C; J? .2148 Market Street - PO Box 487 111 PRESIDENTIAL BOULEVARD -' ' ?l :err . ` = Camp Hill, PA 17011 GALA CYNWYD, PA 19004 WHEN RECORDED MAIL TO: ?? IO SY Pennsylvania State Bank . 1097 Commercial Avenue, P.O. Box 38 East Petersburg, PA 17520-OOM FOR RECORDER'S USE ONLY OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTI!!3E_ADVANCES THIS MORTGAGE dated April 6, 2005, is made and executed between Constantine N Gekas and Irene A Gekas, whose address is 48 South Terrace Rd, Wormleysburg, PA 17043 (referred to below as "Grantor") and Pennsylvania State Bank, whose address is 2148 Market Street, PO Box 487, Camp Hill, PA 17011 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; at easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereattar, 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 p irlduding without limitation all minerals, al, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: It basing the same tract of land which Dean N Gekas alkla Constantine N Gekas and Irene A Gekas by their deed dated February 18, 2005 and recorded In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 267 at page 4178 transfered and conveyed unto Constantine N Gekas and Irene A Gekas, mortgagors herein. The Real Property or its address is commonly known as 48 South Terrace Road, Wormleysburg Borough, Wormleysburg, PA 17043. The Real Property parcel identification number is 47-20-1856-032. REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness Including, without limitation, a revolving line of credit, which obligates Lender to make advances to Borrower unless Borrower falls to comply with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from lime to lime, subject to the limitation that the total outstanding balance owing at any one time, not including finance charges an such balance at a fixed Or variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement It Is the Intention of Grantor and Lender that this Mortgage secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this mortgage and any intermedlota satance, plus :aterest. Grantor presently assigns to Lender all of Grantor's right, tube, and interest in and to at present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Cale security interest In the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT WITH THE CREDIT LIMIT OF $28,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of anyone action" or 'anti?deficiercy' law, or any other law which may prevent Lender from bringing any action against Grantor, Including a claim for deficiency to the extent Lender is otherwise entitled to a power claim for deficiency, before or_atten Lenders commencement or-corn Mellon of any foreclosure action, eidier('udiciallY or exercise of a Sale:-- GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at Borrowers request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict wilt, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis inlortnation about Borrowers financial condition: and (e) Lender has made no representation to Grantor about Borrower (irxduding witttdul limitation the creditworthiness of Borrower). PAYMGi T AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage. POSSE ecrnN AND MA1NTENIANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantors possession and use of the Property shag be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default. Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condwon end promptly perform all repairs, replacements, and maintenance nocesxar y w preserve d4 vaiua. • Compliance With Environmental Laws. Grantor represents and warrants to Lender that (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by tender in writing, (a) neither Grantor nor any tenant contractor. agent or other authorized user of the Property shot use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity stag be conducted in compliance with all applicable federal, state, and local taws, regulatioria and ordinances, including without limlation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantors expense, as Lender may deem appropriate to ?- determine compliance of the Property with this soctfogji[ the Mortgag9_ZW_jptpec8ons or tests made by Lender shall be for Lenders purposes only and shat not be construed to create any responsibility or liability on the part of Lender to Grantor or to array other person. The representations and warranties Contained herein are based on Grardors due diligence in investigating the Properly for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor ..::ice"- natures iiaNs for dmm:up or c.:rer -vats undo., any su_h le m n; and (2) all ees to Wernnily and M,td harmless Lender against any and alt claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indlrectly sustain or sutler resulting from a breacn of this section of the Mortgage or as a consequance of any use, generation, manufacture, storage, disposal, release or threatened release j occurring prior to Grantoes ownership or interest in the Property, whetter or not the same was or should have been known to Grantor. The 8K 1 907PGO362 EXHIBIT 4 y MORTGAGE (Continued) Page 2 I i provisions of Phis section of the Mortgage, including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any Interest In the Property. whether by foreclosure or otherwise. ftuleance, Waste. Grantor shall not cause, conduct or permit any nuisance nor cornlmik permit, or suffer any stripping of or waste on or to the Property or any portion of the Properly. Without uniting the generality of the foregoing. Grantor will not remove, or grant to any other party the right to remove, any limber, minerals (including of and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Ester. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable tunes to attend to Lender's interests and to inspect the Real Property for purposes of Grantors compliance with the lame; and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances. and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance;-or regulation and wGhhold compliance during any-proceeding, including appropriate-appeals: so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion. Lenders interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect. Grantor agrees neither to abandon of leave unattended the Property. Grantor shall do all other acts, In addition to those acts set lorth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE }CONSENT BY LENDER. Lender may, at Lenders option, declare immedlatefy due and payable all surfs secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any Interest In the Real Property. A 'sale or transfer means the conveyance of Real Property or any right, this or Interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whather by outright sale, deed, installment safe contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in of to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall no be exercised by Lender it such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shah pay when due (and In all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due at claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over of equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest Grantor may withhold payment of any W. assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's Interest in the Properly Is not jeopardized. If a lien arises or Is tied as a result of nonpayment, Grantor shall within fifteen (15) days after the Van arises or, if a list is filed, within fifteen (15) days after Grantor has notice of the fling. secure the discharge of the lien, or h requested by Lender, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lander In an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest. Grantor shag defend itself and Lender and shah 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 shalt authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is conurienced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lion, materiainen'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 provision foisting to Insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements an an actual cash value basts- for the lull insurable value covering ail 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. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to lender. Grantor shall deliver 10 Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minknum of ten (10) days' prof written notice to Lender and not containing any disclaimer of the insurers gablity for failure to give such notice. Each insurance policy also shag include an endorsement providing that coverage in favor of tender will not be Impaired in any way by any ad, omisskm or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard aroa, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, within 45 days after notice Is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any polo liens on the property securing the ban, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise requited by Lender, and to maintain such insurance for the term of the loan. -AppItoatlon of'Pr ca 15-Gran0 shall prom- y rrotlfy Lender of am loss or damage to the Property. Lander may make proof of loss ii Grantor fats to do so within fifteen (15) days of the casualty. Whether or not Lenders security is impaired, Lender may, at lenders election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair d the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration I Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 1BD days after their receipt and which LaMar has not committed to the repair or restoration of the Property shall be used fist to pay any amount owing to Lender wrier this Mortgage, then to pay accrued interest, and the remainder, it any, shag be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the Insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of Insurance requirement h any proceeds from the insurance become payable on loss, the provisions In this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. N Grantor fags (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (8) to provide any required insurance an the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantors behalf may, but is not required to, take any action that Lender believes to be .,,,.-_ ...- appropriate to protect Lender's Interests. .Am expenses incurrAOlhpaid by Lender for. such purposes wig then bea(_hgerest at Ihe.rale.cftarged _ oil . Was will become a part under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. AU'sudfi eii}>et-'*, of the indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due duritp kher..(1) the term of_any icy; or (2) the remaining tern of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit -" Agreement's maturity. The Mortgage also will secure payment of these amounts. The rights provided (or In His paragraph shag be In addition to .1 DU U11 ------ - _.:... .... _ ?.. 1. MORTGAGE ' (Continued) Page 3 any other rights or any remedies to which tender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lander from any remedy that it otherwise would have had. Grantor's obligation to Lander for all such expenses shall survive the envy of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pan of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable tftle, of record to the Property in fee simple, free and dear of all liens and encumbrances other than 11=9 set forth in the Real Properly description or In the Existing Indebtedness section below or in any due insurance policy, title report, or foal tide opinion Issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Sut ject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shalt 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 Property and Grantor's use of the Property complies with all existing applicable laws, erdirance.s,.ard reDulnl rs of gnvernmenod authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, stall be continuing In nature and shall remain in toll force and effect until such time as Borrowers Indebtedness is paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lion. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such Indebtedness. No IVIodiRcatlon. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over this Mortgage by which that agreement Is modified, amended, extended, or renewed without the prior written consent'of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding In condemnation is fled. Grantor shall promptly notify Lender in writing, and Grantor shad promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shah be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice. and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. 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 award shah mean the award after payment of all actual costs, expenses, and attorneys' lees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Foes and Charges. Upon request by Lender. Grantor shall execute such documents in addition to this Mortgage and lake whatever other action is requestel by. Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reirburse Lender for all taxes, as described below, together with all expenses incurred in recording, pertectirg or continuing this Mortgage, induding without limdation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The Idlowing shad constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any pad of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the lender or the holder of the Credit AgreemenC and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Borrower. Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Mortgage, this event shad have The same effect as an Event of Default, and Larder may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent. or (2) contests ft lax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement This instrument shah constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shat have all of the rights of a secured parry under the Uniform Commercial Code as amended from time to lime. Security Interest Upon request by Lender. Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and wtuAtul fuller authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement Grantor shell reimburse Lander for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shah not reirove. s.mr or M_tach the P-nrsonN.Prooerty from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to Mine Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3-j days ' afar receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lander (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. - - - - - --- FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a pad of this Mortgage: Further Assurances. At any time, and from tine to Ina, upon request of Lander, Grantor will make, execute and deliver, or will cause to be made, executed a delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be filed, recorded, refhed. or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, parted, continue, on preserve (1) Borrower's and Grantor's obligations under the Credit Agreement. this Mortgage, and the Related Documents. and (2) the kens and security interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing. Grantor shall reimburse Lender for all costs and expanses Incurred In connection with the matters referred to in this paragraph. Additional Authorizations. It Grantor fails to do arty of the things referred to In the preceding paragraph, Lender may-do so for and in the tame of Grantor and at Grantors expense. For such purposes, Grantor hereby irrevocably Authorizes Lender to make, execute, deliver, file, record and do all other thirgs as may be necessary or desirable, in Lenders sole opYitaANW.accornplish the matters referred to In the precednp.paregraph. It is understood that nothing set forth herein shah requite Lende to take any such actions. RMANCE. 11 Borrower pays all the Indebtedness when due, terminates the credit lire account. and-otherwise pedoims lab the obligations Irtposed upon Grantor under Utls Mortgage, Lander shall execute and deliver to Grantor a suitable-satisfactan of tills Monga suitable statements d termination of any financing statement on file evidencing Lenders security merest in the Rents and the Personal Property. ., .__ _.. .. 6H1907PG0364 MORTGAGE (Continued) Page a Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lander from time to time. EVENTS OF DEFAULT. Grantor will be In default under this Mortgage if any of the following happen: (A) Grantor commits fraud or makes a material4nisrepresentatlon at any time In connection with the Credit Agreement. This can include. for example, a false statement about Borrower's or Grantor's income, assets, liabilities, or any other aspects of Borrower's or Grantors financial condition. (B) Borrower does not meet the repayment tenths of the Credit Agreement. (C) Grantors action or Inaction adversely affects the collateral or Lenders rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay takes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation at a senior lien on ire dwelling without Lender's permission, foreclosure by the holder of another lion, or the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies. In addition to any other rights or remedies provided by taw. Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shalt have the right, without notice to Borrower or Grantor, to take possession of the Property and collect the Rents, including-amounts past due and unpaid, and apply the net proceeds, over anti above•Lendees"oosts, against"this Irdebtednesi: In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. It the Rents are collected by Lender, than Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, of through a receiver. Appoint Reeglver. Lender shall have the right to have a receiver appointed to lake 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 serve without bond N pornidegby law. Lenders 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 Grantor's interest in all or any par of the Property. Nonjudiciai.Sal& If permitted by applicable law. Lender may foreclose Grantor's interest In all or in any part of the Personal Property or the Real Property by non-judicial sale. Defie ency'JudgrienL Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after appAcalion of all amounts received fiom the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Credit Agreement or available at law or in equity. Sale of the Property. To the extent permitted by applicable law. Borrower and Grantor hereby waives any and all right to have the Property marshalled. in exercising its rights and remedies, Lender shall be free to sea 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 portion of the Properly. Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any pudic sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property Is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before ire time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. AN of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. N Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's. failure to do so, that decision by Lender will not affect Lender's tight to declare Grantor in default and to exercise Lender's remedies. Attomeys' Fees; Expenses. It Lender institutes any suit of action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum es tha court may adjudge reasonable as attorneys' fees at trial and, upon any appeal. Whether or rat any court action is involved, and to the extent not prohibited by law, alt reasonhiNe"expenses Lender incurs that in Lenders opinion are necessary at any lime for the protection of its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the dale of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lenders attorneys' fees and Lenders legal expenses, whether or rot there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgment collection SeMces. the cost of searching records, obtaining title reports (Including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefaesimile {unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States rnaa, ns first class, certi[ed.ncre„tsterad-=9_postage poepsid.- directed to ifWaddressfS shown heir the beplnriing of this Mortgage. All copies of notices of foreclosure from the holder of airy lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at. seq., stall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person of persons, specifying that the purpose of the notice Is to change the person's address. For notice purposes, Grantor agrees to keep Lender. informed at ail times of Grantors current address. Unless otherwise provided by applicable law. N there is more than one Grantor, !t any notice given by Lender to any Grantor deemed to be reotico given b all Grantor. It will be Grantor's responsibility to tell the others of the notice from Lender. ADDITIONAL PROVISIONS. Tema not otherwise defined in this Mortgage shall have the meanings attributed to such temps in the Uniform Commercial Code. All references to dollar amounts shall mean in lawful money of tho United States of America. . GOVERNING LAW. If this Mortgage or Deed of Trust has been accepted by us in the Commonwealth of Pennsylvania, this Mortgage or Deed Of Trust will be governed by the laws of the Commonwealth of Pennsylvania, except to the extent that such laws have been pre-empled or superseded by federal law. , It this Mortgage or Deed of Trust has been accepted by us in the State of Maryland, this Mortgage or Dead of Trust will be governed by the laws of the Slate of Maryland, except to the extent that such laws have been pre-empted or superseded by federal law. If the Mortgaged Property is located within the State of Maryland, the Lender elects to have the Mortgage or Dead of Trust governed by Subtitle 9, Credit Grantor Open-End Credit Provisions, of Tile 12 of the Commercial Law Article of the Annotated Code of Maryland. j MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: ' Amendments. What is written In this Mortgage and in the Related Documents Is Grantors entire agreement with Larder concerning the matters covered by this Mortgage. To be effective, any change or amendment to"this Mortgage must thp in writing aid must be signed by whoever will bound or obliga!ed by the change or amenrdrmrent. -- Caption Headings. Caption hoadings"in this Mortgage Afflo donv..N rx:e purposes only and are not to be used to int _ provisions of this i r907FIG _0 _A9 MORTGAGE (Continued) Page 5 Choice of Venue. If there is a lawsuit, Grantor agrees upon Lenders request to submit to the jurisdiction of the courts of Cumberland County, Canunonwealth of Pennsylvania. Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several, and all referen;as to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Borrower and Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lander. Grantor understands Lender will not give up any at Lender's rights under this Mortgage unless Lender does so in writing. The tact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. It Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that it Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again it the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantors requests, the! does riot mean Lender will be required to consent to any of Grantors future requests. Grantor waives presentment, demand for payment, protest. and notice of dishonor. Severabllity. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fad by itself will net mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even H a provision of this Mortgage may be found to be invalid or unenforceable. Merger. Tttcre =h:!! be no-me:gcr of !ha'.M-erect or estate created by this Mcngace with zn ctt:- . interest Cr e;!;!o in the Prep-ty at any - time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests, The terms of this Mortgage shall be binding upon Grantor, and upon Grantors heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower' means Constantine N Gekas and includes as co-signers and co-makers signing the Credit Agreement Credit Agreement. The words "Credit Agreement" mean the credit agreemem dated April 6, 2005, with credit limit of 528,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ol, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE CREDIT AGREEUENT CONTAINS A VARIABLE INTEREST RATE. Environmental Laws. The words "Environmental Laws" mean any and all slate, federal and local statutes, regulat'io'ns and ordinances relating to the protection of human health or the environment, Including without limitation rile Comprehensive Environmenlai,fie pors'e,." Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA'), the Superfund Ainenrtrn s-and:, Reauthorization Act of 1986, Pub. L No. 99.499 ('SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Secfion,1601; eueq, ifi9 Resource Conservation and Recovery All, 42 U.S.C. Section 6901, at seq., or other applicable slate or federal laws,-nies, or regulations adopted pursuant thereto. c Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events C: default saccrin of this Mortgage. 9 9 , pecvsiorr-of,pnis, Existing Indebtedness. The words "Existing Indebtedness" mean the Indebtedness described in the Existing= liEZw?dt" ` Mortgage. oy Grantor. The word "Grantor' means Constantine N Gekas and Irene A Gekas. Hazardous Substances. The words 'Hazardous Substances' mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise harxtied_ The words 'Hazardous Substances' are ern In their.:•en broadest sense e..^.d inc!_de a t'a:.^.!:•;:3etic+: arty end a;( :,azcrtlcus or tox''c substances, mats.!rls c. wasle ns defir,ad by or listed under the Environmental Laws. The term 'Hazardous Substances' also Includes, without imitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements' means all existing and luture Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Lender to enforce Grantees obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future . - - ----- shall relate back lo thedate of this Mortgage. Lender. The word 'Lender' means Pennsylvania State Bank, its successors and assigns. The words 'successors or assigns' mean any person or company that acquires any interest in the Credit Agreement Mortgage. The word "Mortgage' means this Mortgage between Grantor and Lender. Personal Property. The words 'Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance prnreeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word 'Property' means codectivefy the Real Property and the Personal Property. Rc::l Fnopeay:' Thu worw 'Real P p,uiij''.".:",, .-.a! as further dn_rtibed in this Monnane. Related Documents. The words 'Related Documents' mean at promissory notes, credit agreements. Ivan agreements, envirfxlmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and docurnents, whether now or hereafter existing, executed in connection with the Indebtedness. .Rente. The vvrd'R4nis:-maen:..e4 present .rr!d.!? Jrr-r5r?is,-reYe•Awg, y.ro,,,n,.issu+?e, rnyaR?s; pv1!+!hw ber•efi!t_ r^.'md iron--the- , Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. 8K 1907PG03GG MORTGAGE ' (Continued) Page '6 CERTIFICATE OF RESIDENCE I hereby cenity, that the precise address of the mortgagee, Pennsylvania State Bank, herein is as follows: Camp Hill Office, 2148 Market Street, PO Box 487, Camp Hill, PA 1701 Attorney or Agent for Mortpsges INDIVIDUAL ACKNOWLEDGMENT j I COMMONWEALTH OF PENNSYLVANIA ) Notarial Seal Soap Gtebedar. Nogy Public ) SS MilmoloYla Bony Lancaster OQ%X y COUNTY OF z/]l ) * Lwmilislon Ettpil a rh 4.2007 (4an1t1H, PervtsytiaNa Iuama?son Of Nolmies On this, the day of , 20 1 t before me ? r/TT? the undersigned Notary PUAc, personally appeared Constantine N Gekas and Irene A Gekv, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In wHn6s whereof, I hereunto set my hand and official I. ?`- il???t?, p\ 4 4'.• ?,,, ;.; Notary Public in and for the State of 4r?TARy` QV?!'?? I RECORD & RETURN TO F RITY SEARCH &AB 9TRACT CO., INC BOULEVA - - Q. PA } 9004 RQ 1ESMENTIAL 1 GALA CYNVV 4 1 SKI907PGO367 . c ;.r1ify this to be recorded 1-i Cunib(.rland County PA er of Deeds - Record .I ? r r C. SCKERT F. ZIEGLER r E('u'RCER OFF £?E?S OLD L'. 2?S ?lfl? 7 RN 1154 Parcel Number 47-20-1856-032 CORRECTIVE DEED THIS DEED, made this Friday, February 18, 2005, BETWEEN Dean N. Gekas, a/k/a Constantine N. Gekas and Irene A. Gekas, husband and wife, Grantors AND Constantine N. Gekas and Irene A. Gekas, husband and wife, Grantees WITNESSETH, That in consideration of the sum of One ($1.00) Dollar, In hand paid, the receipt whereof Is hereby acknowledged, the said grantor; do hereby grant and convey to the said Grantees, their heirs and assigns ALL that certain piece or parcel of land, situate In the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly hounded and described as follows, to wit: BEGINNING at a point on the western line of Greenwood Circle at the Southern line of lands now or late of Harold A. Herre and Jane M. Herne, his wife; thence along the western line of Greenwood Circle, In a southwardly direction, a distance of one hundred fifty (150) feet to a point to line of other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife; thence along said other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife, in a westwardly direction by a line parallel to the southern line of lands now or late of Harold A. Herne and Jane M. Herre, his wife, a distance of two hundred filly (250) feet, more or less, to a point on the eastern line of Lot No. 45 on said hereinafter mentioned Plan of Lots, the line of lands now or late of Edwin B. Romig an d Virginia Romig, his wife, thence along said eactem line of Lot No. 45 in said hereinafter mentioned Plan of Lots and the eastern line of Lot No. 44 on said Plan, in a norttrmrarbly direction, a distance of one hundred fifty (150) feet to a __point on the southern tine of fands now or late of Harold A. Heim .. Jane. M. Herre, his wife; and thence along said southern line of Harold A. Herre and Jane M. Pierre, his wife, In an eastwardly direction a distance of two hundred fifty (250) feet, more or less, to a point on the western line of Greenwood Circle, the place of BEGINNING. BEING the southern one-half (1/2 ) of Lot No. 47 and the northern part of Lot No. 48 on the Revised Plan of Pennsboro Manor as recorded in the Office for the Recording of Deeds in and for the County of Cumberland in Plan Book 3, Page 6. enu X67 PSI W 78 I 1 '16 KMTY TRAM FER TAX ?- m?rwoatwtuutrt p etaMSnVANrA STATEMENT Of VALUE nuu?Rrfaltf w osvENOe tuouu w now" TAM , nARIU W?P n' MM See ltwans for Imtructima t:gmplwe w:h action and file to dupkCte wilh Recorder of Coeds when (1) the MI voladawaldwation is not set fortis in ilis deed (?) whom,. deed it wifluoul oonsiderotion or by g1f, or j a lox exampOon is do6W. A Stosomw of Value 4 not rrquired if the Maufar Is VA* axrhnpllrom tax 6aced or! II l f=* ;6;cnduia of (? oubrrc utility wayamattt9 more wave is needed attach oddxional sheetls) A CORRESPONDENT All InquMes may be attested to the foilowIrm parson: theme Te4Yhone Na dbr: q .LIP Aral Cod, t ) 7 71 strawfAddrea B TRANSFER DATA Dastel f I i -- w -A-6EdS -1 moo AJAm t1'7 ,3 e- Q o 3 2. CM& Appropriate Sex below for 6eaupgae debeed ? %Wl or Iet mate succenian NO M%ft" ? Troader to tndustrial Dwelopmerd Agonry. ? Tran f r to a fruo. (Attack am*h a copy of truss oWumo f IdeNilying all bensfidodee.) ? Trander bet«owr principal and count. (Attach compAls copy of ggsneyhtrew party agn.swo.) ? Twnden to the Coiseornowltit, the United sid. and bt. tumoaMM. by yfif, dedfcalloe, condemnation or in two of medwsalioo. (If condwnnation or in Srw of coedempolco, almrh copy of rsaalug".) ? Tm&%Nt from moop gor a a holder of a t.ertaage In default. Maegooe Book Number , Page Member ? Can.dive or cod irmatory deed. lAtladt compbrs copy of the prior dead being corrected or eom med.) ? Stamory corporate mn.olidafioa merger or division. (Attach copy of arficles.) Olher lPt.ae. atuplain exa.ption d??ko" i_f olber than bated above.) l'(L ?rLTi ZZ I ? -- rr1dealarwlbrMLLa..wasted"SAQ%MM,Iddodleeeooernpagyfhyid.nrsrII bed MorebosrotrnylmewfodOs CM00 and Mompler.. COMF=TMSIFORM ROPEIILYORAITAOIMftlCA¦ DOCA7MWATWHMAYRMLTINTHEREWRIMA S RfxuSAL THE 10681). BOOK 267 FACEW, C PROPERTY LOCAMON eertMcats of Residence 1 hereby certify, that the precise residence of the Grantees herein is: 48 South Terrace, Wormleysburg, PA 17o43 rk--1 Agent r Grantees Commonwealth of Pennsylvania : . ss. County of Cumberland: On this, Friday, February 18, 2005, before me, a notary public, the undersigned officer, personally appeared Constantine N. Gekas, also known as Dean N. Gekas and Irene A. Gekas, his wife, known to me (or satisfactorily proven) to be the person(s) whose name(s) hefshehhey subscribed to the within instrument, and acknowledged that helsha they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. Notary $W MK MAL y Commission Expires: JAIM A. ULLM "" 2-9 of coop HK QAp0*M om t, M W f AW ap, =006 My Commission Expires; '.led J A Commonwealth of Pennsylvania ss. County of . ?. _ _ .."' RECORDED in the Office for Recording of Deeds, etc., In and for said County, in Record Book No. Page WITNESS my Hand and Official Seal this day of Recorder of Deeds 2005. euux 267 -AcE410) I BEING THE SAME PREMISES which 7bs Estate of Kenneth G. Beachley, by Ellen S. Jenkins and Michael C. Beachley and Manufacture rs and Traders Trust Company successor by merger to Alifirst Trust Company of Pen Co-Executors of The Kenneth G. Beachley Estate nsylvania, N.A. dedd dated June 16, 2003, unto Dean N. Gekas and Irene A. G kayisthe Grantors herein, and recorded on September 4, 2003, In the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book 259, Page 478. Thls transfer is exempt front the Pennsylvania Really Tansffer Tax in that it Is a corrective deed eon ectfng tyre en+or in the preceding wherein Grantor, Constanine N. GelFas, herein was erroneous re deed d N. Gelras; Constantine N. Gekas and Dean N. Oekas are one inthes a ern A"d the said Grantors do hereby Warrant Specially the Property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals, the day and year first above-wrritfen, Sealed in the Presence of. Witness Witness witness Pennsylvania State Bank A Division of BLC Bank, N.A. ecember 7, 2007 EAN N GEKAS 8 SOUTH TERRACE RD IORMLEYSBURG PA 17043 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages the HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. the name address and phone number of Consumer Credit Counseling Agencies serving your County are sted at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. A NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU .DERECHO A ONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION 'BTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA OUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER LEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY IORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL tR HO A REDIMIR SU HIPOTECA. OMEOWNER'S NAME(S): DEAN N GEKAS ROPERTY ADDRESS: 48 SOUTH TERRACE RD . WORMLEYSBURG, PA 17043 DAN ACCT. NO# 7150000040 URRENT LENDER/SERVICER: Pennsylvania State Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 'OU MAY BE L AL ICH CAN SAVE RT EF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE SSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE SSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE 4YMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA OUSING FINANCE AGENCY. EMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of reclosure on your mortgage for thirty (30) days from the date of, this Notice. During that time you must 'range and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at e end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT PPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TC ATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" XPLAINS HOW TO BRING YOUR MORTGAGE UP TO-DATE ONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling 3encies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days ter the, date of this meeting. The names, addresses and telephone numbers of designated consumer edit counseling agencies for the county in which the property is located are set forth at the end of this once. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your 4PPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth ater in this Notice (see following pages for specific information about the nature of your default.) If you lave tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Assistance Program. To do so, you must fill out, sign and file a -ompleted Homeowner's Emergency Assistance Program Application with one of the designated consumer -redit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) Jays of your face-to-face meeting. irOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT =OLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE NILL BE DENIED. kGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be Disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing -inance Agency has sixty (60) days to make a decision after it receives your application. During that time, io foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION OF BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) dATURE OF THE DEFAULT - The MORTGAGE.-debt held by the above lender on your property located at: 48 SOUTH TERRACE RD WORMLEYSBURG, PA S SERIOUSLY IN DEFAULT because: k. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: OCTOBER 2007 $538.25 NOVEMBER 2007 524.38 DECEMBER 2007 - $524.38 4.? Other ges (Late fees:- $81.13 TOTAL AMOUNT PAST DUE: $1,668.14 iOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this iotice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,668.14 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY 3ERIOD. Payments must be made either by cash cashier's check certified check or monk order made )ayable and sent to. Pennsylvania State Bank Attention: Collection Dept 949 East King Street Lancaster, PA 17602 !ou can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this titter. (Do not use if not applicable). F YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the late of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This neans that the entire outstanding balance of this debt will be considered due immediately and you may use the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is tot made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to oreclose upon your mortgaged property. F THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay iff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before ie lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's Bes that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you /ill have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. any attorney's fees will be added to the amount you owe the lender, which may also include other Basonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required 1) pay attorney's fees N )THER LENDER REMEDIES - The lender may also sue you personally for the unpaid balance and all ther sums due under the mortgage. LIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within ie THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the efault and prevent the sale at anv time up to one hour before the Sheriff's Sale You may do so by paving 2 ie total amount then past due plus any late or other charges then due reasonable attorney's fees and 00s-Sts connected with the foreclosure sale and an other costs connected with the Sheriffs Sale as specified ! writing by the lender and by performing any other requirements under the mortgage Curing your efault in the manner set forth in this notice will restore your mortgage to the same position as if ou had-ne rev rev defaulted" ARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's ale of the mortgaged property could be held would be approximately 3 months from thedate of this otice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the mount needed to cure the default will increase the longer you wait. You may find out at anytime exactly hat the required payment or action will be by contacting the lender. OW TO CONTACT THE LENDER: Name of Lender: Pennsylvania State Bank Address: 949 East King Street Lancaster, PA 17602 Phone Number: (717) 735-5711 Fax Number: (717) 396-7518 Contact Person: Steve Landis FFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the Mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's ale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at -iy time. SSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will ssume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and Dsts are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAYALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO ORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS .DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF-NO DEFAULT HAD CCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE OUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY THER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSQ ,NY OT,yE1 pEFENSE YOU BE *r-_ YOU X-AXI;LAVE TO SUCH ACTION B E _:. EENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Urban League of Metropolitan Harrisburg N. 6Th Street Harrisburg, PA 17101 (717) 234-5925 is only necessary to schedule one face-to-face meeting. You should advise Mr. Landis at PA State Bank, zmediately of your intentions. imberly Martin pan Adjustor .......h. Z. ooh ? C-- ? o ; Qom E m o ti 'n r» r r9 ¢ CID 11:3 fr. Z z cc ZI GO 0 ? ° m Wz ' ru aa? r moE wF z t- a 122 p wZ, O C/3 W N?'O.? JJ lQ W U C Q - is Z to O O ¢ ao E -t) c? v) W O o Fit: 0 OD 0) u- u_ g - O ?• c I" ? ° EEc, wp o-. Ts am- M Q mQ E O a p (DomestiC Mail Only; N o Insurance Coverage Provided) n R FLIT . U Postage $ r?i.? lj?,fl? n Certified Fee R '? 7 etum Receipt Fee (Endorsement Required) $ c !=, t-, Here RestridedDelivery'Fee (Endorsemem Required) $i l I?j . ; ?C`C J Total Postaaea Fees:: ` > 1 "' • ?nsWs COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF LANCASTER ) David W. Prevost, being duly sworn according to law, deposes and says that he is Vice President/Special Assets of the Pennsylvania State Bank, A Division of BLC Bank, N.A., and that he is authorized to make this Affidavit on its behalf, that the facts set forth in the foregoing Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. L)a"" David W. Prevost (. 1 i°. Sworn and subscribed to before me this r day of 2008. _ Notary Public COMMIONWEALTH OF PENNSYLVANIA Na?aral seal Pib as A. Welk, Notary Public East Peterstx.,rr P,c o, Lancaster County MY Conlmissirri Fxp3res Aug. 9, 2008 Membei r'c f:^.y1'?v: r ; t CD=+93±Of f ` O. N0f3f19g Z I ;Z d b z Nvr 8001 331d3HS -r4! JO ??I_ _a0 t t wo,?A? 0 Thomas G. Klingensmith, Esquire CI-08-01549 Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 (717)393-3684 FAX (717)393-0653 Attorney I.D. #23239 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA STATE BANK, A DIVISION OF BLC BANK, N.A. Plaintiff vs. DEAN N. GEKAS Defendant PRAECIPE TO THE PROTHONOTARY: ORIGINAL No. 08-630 Action in Mortgage Foreclosure PLEASE REINSTATE THE COMPLAINT IN THE ABOVE-CAPTIONED MATTER. Respectfully submitted, SMITH, KLINGENSMITH & DOLAN By: Attorney for Plaij 45 East Orange S Lancaster, PA 17 (717)393-3684 Esquire, ID#23239 Dated: June 19, 2008 c ? C l r? caa V"?7 G? s"4"} 1....- :,, 1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00630 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENNSYLVANIA STATE BANK VS GEKAS DEAN N R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GEKAS DEAN N but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 48 SOUTH TERRACE ROAD , GEKAS DEAN N , NOT FOUND , as to WORMLEYSBURG, PA 17043 48 S TERRACE ROAD WORMLEYSBURG IS VACANT. DEFENDANT LIVES AT 12703 E DESERT COVE AVE SCOTTSDALE, AZ 85259-4319-03 Sheriff's Costs: So answers: Docketing 18.00 T- Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 L1561b 33.00 GINGRICH SMITH KLINGENSMITH & 06/25/2008 Sworn and Subscribed to before me this day of , A.D. Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 (717)393-3684 FAX (717)393-0653 Attorney I.D. #23239 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA STATE BANK, A DIVISION OF BLC BANK, N.A. Plaintiff COPY No. C)$ -1030 bvi l ?em vs. Action in Mortgage C=k DEAN N. GEKAS Foreclosure G ;:R M1 If,' ?"` rn rn Defendant f` I`V. -rJFn NOTICE z-'D C-' Q ru 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 objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other or property or other rights important to you. YOU SHOULD TAKE THIS PAPER T?O+ YOUR LAWYER AT ONCE. IF YOU ?lTtfrl-T?17Y?7L`n ?A?__L.A.*,rV- _ROR AA??N T V TO R TELEPHONE- THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 lephone No. (800) 990-910 COP Ti:r+f set my iu+w ?- aµ t whereof. i Mm unto l t : i of said CWA4 laf Carlin. f* oft y?? Tomas G. Klingensmith Attorney for Plaintiff I.D. #23239 Y903 Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 (717)393-3684 FAX (717)393-0653 Attorney I.D. #23239 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA STATE BANK, A DIVISION OF BLC BANK, N.A. Plaintiff No. vs. DEAN N. GEKAS Defendant Action in Mortgage Foreclosure COMPLAINT 1. Plaintiff, Pennsylvania State Bank, A Division of BLC Bank, N.A., is a national banking association organized and existing under the laws of the United States of America having its principle office located at 2148 Market Street, Camp Hill, Pennsylvania, 17011. 2. Defendant, Dean N. Gekas, an adult individual whose last known address is 48 south Terrace Road, Wormleysburg, Pennsylvania, 17043. +-A A --- ---- ---?. 'T'1.ie 'n4inn is based '.,:Y^n n--mortgage-da 6, 2006, which mortg executed by the Defendant in favor of the Pennsylvania State Bank and recorded in the office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 1907, Page 0362. Attached Exhibit "A" and incorporated herein by reference is copy of said Mortgage. 4. The Defendant is not in the military service of the United States of America or any of its allies. 5. The premises subject to said mortgage is located at 48 South Terrace Road, Wormleysburg, Cumberland County, Pennsylvania, 17043. The premises is more fully described as follows: Attached Exhibit "B" incorporated and herein by reference. 6. The said mortgage is in default and subject to foreclosure because the Defendant has failed to pay when due, since October 6, 2007. 7. In accordance with the terms and conditions of the Note and Mortgage the whole principal debt se 'thereby has become due and payable and recoverable immediately together I principal debt secured thereby has become due and payable and recoverable immediately together with all interest due thereon with reasonable attorney fees and costs of suit and escrows, if any. 8. The amount due on said mortgage as of January 8, 2008, is computed as follows: A. Principal Balance - $26,219.18 B. Delinquent Interest - 729.84 C. Late Charges - 107.35 D. 5% Attorney Fees - 1,352.82 Total Costs Due - $28,409.19 9. The requirements of Act 6 of 1974 and the requirements of Act 91 of 1983 have been fulfilled and attached herein is Exhibit "C" incorporated herein by reference. WHEREFORE, the Plaintiff demands judgment in rem in the sum of $28,409.19, together with all costs, interests, escrows, late charges, reasonable attorney fees and escrows, if any, and for the foreclosure and sale of this premises. GINGRICH, KLINGENSMITH & DOLAN By: Thomas G. Klinge mi Attorney for Plainti 45 East Orange Street Lancaster, PA 17602 (717)393-3684 I.D. #23239 1W 7/S00000 " ' RECORD & RETURN TO 17ECORDATION REQUESTED BY. Permsi SECURITY SEARCH & ABSTRACT CO., INC y `" t rl Stine Ba nk ,L?: ?? I rn Camp Hill Office SUITE 159 2148 MarW Street PO Box 487 111 PRESIDENTIAL BOULEVARD ,1 Camp Hill, PA 17011 GALA CYNWYD, PA 19004 env" ??yY 13 WHEN RECORDED MAIL TO: Al? IQ Sy Pennsylvania State Bank 1097 Commercial Avenue, P.O. Box 38 East Petersburg, PA 17520-OWS FOR RECORDERS USE ONLY OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTQRE E_ADVINCES THIS MORTGAGE dated April 6, 2005, Is made and executed between Constantine N Gekas and Irene A Gekas, whose address is 48 South Terrace Rd, Wormleysburg, PA 17043 (referred to below as "Grantor") and Pennsylvania State Bank, whose address is 2148 Market Street, PO Box 487, Camp Hill, PA 17011 (referred to below as "Lender"). j I GRANT OF MORTGAGE For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirm and mortgages to Lender at of GrardDes right, title, and Interest in and to the following described real property, together with all exisdng or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; ell easements, rights of way, all liberties, privileges, tenements, hereditsmanls, and appurtenances lhereumto belonging or anywise made appurtenant hereettar, 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 dither rights, royalties, and profits relating to the real property inohudig without limitation as minerals, al. gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: It bean; the game tract of land which Dean N Gekas WWII Constantine N Gekas and Irene A Gekas by their deed dated February 16, 2005 and recorded In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 267 at page 4178 transfered and conveyed unto Constantine N Gekas and Irene A Gekas, mortgagors herein. The Real Propel tlf Or Its address Is commonly known as 48 South Terrace Road, Wormleysburg Borough, Wormleysburg, PA 17043. The Real Property parcel identification number is 47-20-1856-032. REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness Including, without Ilmitatlon, a revolving line of credit, which obligates tender to make advances to Borrower unless Borrower falls to comply with all the terms of the Credit Agreement. Such advances may be wads, repaid, and remade from ewe to lime, subject to the Ilnlatlon that the total outstanding balance owing at any one Ilme, not Including finance charges on such balance at a fixed or variable rate or sum as provided In the Credit Agreement, any temporary overages, other charges, and any amounts expanded or advanced as provided In either the Indebtedness paragraph or this paragraph, shalt not exceed the Credit Limit as provided In the Credit Agreement it Is the Intention of Grantor and Lender that this Mortgage secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as prgvldod in this Mortgage and any Internedlate oalanee, plus :aterest. Grantor presently assigns; to Lender eI of Grantor's right, title, and interest in and to al present and future leases of the Property and all Rents from the Property. In addition. Grantor grants to Lender a Uniform Commemial Code security interest In the Personal Property and Rents. THIS MORTGAGE INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT WITH THE CREDIT LIMIT OF 628.000.90, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of anyone action' or 'anti-defidency' law, or any other law which may prevent Lender from bringing arty action against Grantor. Including a claim for deficiency to the extent Lender is otherwise entitled to a claim far deficiency, before. a_after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of --safe. ---- GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that (a) this Mortgage Is executed at Borrower's request and rot at the request of tender, (b) Grardw has the full power. right and authority to antor into till Mon" and to hypothecate the Property: (c) the provision of this Mortgage do not conflict with, or result in a dot" fader any agreement or other instnanenl biding upon Grantor and do not result in a violation of any law, regulation, court decree or order oppkAble to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrowers Inancial condition: and (e) Lender has made no representation to Grantor about Borrower (including without lknitation the creditworthiness of Borrower). PAYMENT AND PERFORMANCE Except as otherwise provided in this Mortgage, Borrower shell pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly, perform all Borrowers and Grantor's obligations under this Mortgage. POecceclnpp A 14D MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrowers and Grantors possession and use of the Prop" shall be governed by the following provisions: Possession and User Until the occurrence of an Event of Default. Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repass, replacements, and maintenance necussaf y w prossii"- Au value. ' Compliance With Environmental Laws. Grantor represents and warrants to Lender that (1) During the period of Grantors ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed b and acknowledged by lender in writing, (a) any breach or violation of any Enviaxmental Laws, (b) any use, generation, manuisdure, storage, treatment, disposal, release or threatened release of any Hazardous Substance an, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any terant, contractor. agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Stbstance om under, about or from the Property: and (b) any such activity shall be conducted in compliance with al applicable fedeel, state, and 1=1 taws. regulations and ordinances, Including without Imitation al Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantors expense, as lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any Inspections or tests made by Lender shall be for Lenders purposes orgy and shat not be construed to create any respor :ibilty or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantors due erica In sweat the for Hazardous Substandll!ftGranlor hereby (1) releases and walft any future . r oacomes liebte nor dais,wo or ctrar oook. under any su:h lam,, and (2) a0mos to Wernniy and Mold harmloss Lnndw against any and al claims, losses, Iabtlaes, danagos, penalties, and expenses, which Lender may dkectly or Indirectly sustain or sutler resulting tram a breach - of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The EXHIBIT 8K ! 907PG0362 ( w V ml MORTGAGE ..? (Continued) Page 2 provisions of this section of the Mortgage, including the obligation to Indemnify. shall survive the payment of the Indebtedness and the satisfaction and reeonveyarhee of the lien of this Mortgage and shall not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise. dulsance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without IkNtng the generality of the foregoing. Grantor will not remove. or grant to any Other party the right to remove, any limber, minerals (including of and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any improvements, Lander may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable tires to attend to lenders interests and to inspect the Real Property for purposes of Grantor's compliance with the terns and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances. and regulations, now or hereafter in affect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ord'hrarce;-or feguuletion and withhold conpldarre during arty-proceeding, including appropriate appeals; so long as Grantor has notified Lender in writing prior to doing so and so long as. in Lender's sole opinion, Lender's interests in the Properly are riot jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Granter shall do all other acts, In addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE >CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, Of all or any part of the Real Property, or any interest In the Real Property. A "sale or transfer" means the conveyance of Real Properly or any rlghL the or Interest In the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater then three (3) years, lease-apibn contract. or by sale, assignment, or transfer of any beneficial interest In or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender it such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: PayhnerrL Grantor shag pay when due (and In all events prior to delinquency) all taxes, payroll taxes. special taxes, assessments, water charges and sewer seevice charges levied against or on account of the Property, and shell pay when due all claims for work done on or for services rendered of material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to In this Mortgage or these liens specifically agreed to in writing by lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest Grantor may withhold payment of any tax. assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lenders Interest In the Property Is not jeopardized. If a lien arises or Is filed as a result of nonpayment. Grantor shag within fifteen (15) days after the Men arises or, if a hen is fled, within fifteen (15) days after Grantor has notice at the fling, secure the discharge of the lien, or t requested by Lender. deposit with Lender cash or a sufficiem corporate surety bond or other eseunity satisfactory to Lender h an amount sufficient lo discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest. Grantor shag defend itself and Lender and shag satisfy any adverse judgment before enforcement against the Property. Grantor shag 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 lazes and assessments against the Property. Notice of Construction. Grantor shag notify Lender at least fifteen (15) days before any work is commenced. arty services are furnished, or any materials are supplied to the Property. if any mechanic's lion, materialnion's lien, or other lien could be assented on account out 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. t PROPERTY DAMAGE INSURANCE. The following provision relating to Insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shhal procure.ard maintain policies of (Ire insurance with standard extended coverage endorserthets on an eduat cash value basis !or the fug Insurable value coytdrIng an Improvermerhtson the Reel Property M an anhoirrd sulfcierht to avoid application of any coirawao+ce clause, and with a standard mortgagee clause in tavor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lander certificates of coverage from each insurer containing a stipulation that coverage will not be Canceled or diminished wglroul a minimum of ten (10) days' prior written notice to Lender and not conlaning any disclaimer of the insurers liability for failure to give such notice. Each insurance policy also shall include an i endorsernent providing that coverage in favor of tender will not be krpaired In any way by any ad, omission or defaull Of Grantor or arty other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to Obtain and maintain federal Flood Insurance, it available, within 45 days after notice Is given by Lender that the Property is located in a special flood hazard area, for the hull unpaid principal balance of IN loan and any prior liens on the property securing the ban, up to the maximum poky limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. _ , , _ _ - - -- - r -Applicatlon-bf"Pf cads: Grantor sting Promptly nolgy Lender of any loss or damage to the Property. Lender may make (roof of loss it Grantor fads to do so within fifteen (15) days of the casualty. Whether or not Lenders securty is impaired, Lender may, at Lendees election, t receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting { the Property, or the restoration and repair of the Property. If fender elects to apply the proceeds to restoration and repair. Grantor shaft ll repair or replace the darnagod or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration N Grantor is not in default under this e Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay arty amount owing to Lender order this Mortgage, then to pay accrued interest, and the remainder, g any, shag be applied to the principal balance of the Indebtedness. it Lender holds any proceeds after payment in fug of the Indebtedness, such proceeds shag be paid to Grantor as Grantors Interests may appear. Compliance with Existing Indebtedness. During die period in which any Existing Indebtedness described below is in effect, compliance with the Insurance provisions contained in the instrument evidencing such Existing Indebtedness shalt constitute compliance with the Insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of m Insurance requirement If any proceeds from the insurance become payable on loss, the provisions In this Mortgage for division of proceeds shag apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES, 0 Grantor fats (A) to keep the Properly free of all taxes, liens, security interests, encumbrances. and other claims, (B) to provide arhy required Insurance on flue Property, (C) to make repairs to the Property or to comply with arty obligation to maimafMtng Indebtedness in good standing as required below, then Lender may do so. If any action or proceedi,lL l'tmt would maleds +sHect Lender's Interests in the Property, than Larder on Grantors behalf may, but is not required to, take any action that Lender believes to be -appropriate to protect Lender's Interests. All exf lrses incurred or paid by Lander for. such purposes will then boa( Interest at Qhe.nde,c_Iharged under the Credit al from the date no paid by Lender to the date of raPsYahem by Grantor. tit,sucfi 6irhermses will beaarne a part of the lndebledness ss and, (A) be payable on demand; (B) the added to the balance of the Credit Agreement and be --- - Agreement at lender's option, will 81 A apportioned among and be payable with any Instalment payments to become due during elt ei (1) the lemi l any applcable Insurance policy;- - or (2) the remaining term of the Credit Agnionerd; or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The Mortgage also will secure payment at these amounts. The rights provided for In this paragraph shall be in addition to 01(1907P60363 " MORTGAGE (Continued) Page 3 arty other rights or any remedies b which Lender may be entitled on account of any default Any such action by Lender shag riot be construed as curing the default so as to bar Larder from any remedy that N otherwise would have had. Grannr's obligation to LaMar for ant such expenses shall survive the entry of any mortgage foreclosure judgment "N WARRANTY; DEFENSE OF TITLE. The following provisions rotating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and dear of all liens and encumbrances other than Nose set forth in the Real Property description or in the Existing Indebtedness section below or in any We insurance policy, We report, or final title opinion Issued in favor of, and accepted by, Lender in connection with this Mortgage. and (b) Grantor has the kA right power, and authority to execute and deliver this Mortgage to Lender. Defense of Tilts Subject to the exception in the paragraph above, Grantor warrants and will forever defend the We to the Property against the lawful claims of all persons. In the event arty action or proceeding is commenced that questions Grantors five or the interest d Lender under this Montage. Grantor shall defend the action at Grantors expense. Grantor may be the nominal pant in such proceeding. but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Londers own choice, and Grenor 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 Property and Grantors use of the Property complies with all existing applicable laws, ordinances.. and regiLitions rl jywermnental suthorhies. -, Survival of Promises. AN promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in fug force and affect until such time as Borrowers Indebtedness is paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and interior to an existing lien. Grantor expressly covenants and agrees to pay. or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the Instruments evidencing such Indebtedness, or any default under any security documents for such indebtedness. No Modification. Grantor shag not enter into any agreement with the holder of arty mortgage or other security agreement which has priority over this Mortgage by which that agreement is modified, emended, extended, or renewed Without the prior written corhsent of Lender. Grantor shag neither request nor accept arty future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. N any proceeding in condemnation is fled, Grantor shag promptly notify Larder in writing, and Grantor shag promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding. but Larder shag be entitled to participate In the proceeding and to be represented in the proceeding by counsel at Is own choice. and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Not Proceeds. N 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 arty portion of the not proceeds of the award be applied to the actual Indebtedness or time repair or restoration of the Property. The met proceeds of the award shag mean the award after paymen li costs, expenses, and atomeys' lees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to govemmental taxes, lees and charges are a part of this Mortgage: Current Tales, Fees and Charges. Upon request by Lender. Grantor shag execute such documents in addition to this Mortgage and take whatever other action is requestel by. Lander to nedect and continue Lenders lien on the Real Property. Grantor shag reimburse Leader for all taxes, as described below, together with aft exposes incurred in recording, perfecting or continuing tits Mortgage, Including without litigation all taxes. fees. documentary stamps, and other charges for recording or registering this Mortgage. Talus. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any chart of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the trhdebtednass secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the lender or the holler of the Credit Agreement and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Tans. 11 any tax to which this section apples is enacted subsequent to the date of this Mortgage, this event shag have rte same effect as an Event of Default, and tender may exercise any or all of its available remedies for an Event of Default as provided below uMess Grantor either (1) pays the tax before A becomes delinquent, or (2) eortests the tax As provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security sallsfacliM to Larder. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions retailing to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have erg of rte rights o 1a secured party under the Uniform Can mercial Cafe as amended from time to time. Security Interest Upon request by Lander. Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording tits Mortgage in the real property records, Lender may, at arty time and wtuiout further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses Incurred in perfecting or continuing this security interest. Upon default, Grantor shall not n4ro e. rvier tv lt!%ch the eersonN.Prooerty from the Property. Upon default, Grantor shall assertible any Persona Property not affixed to the Progeny in a manner and at a place reasonably convenient to Grantor and larder and make it available to Lender within three (or mays after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mating addresses of Grantor (debtor) and Larder (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Convrherclal Code) are as staled on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional auttxxizathons are a pan of this Mortgage: Further Assurances. Al any time, ant from tine to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designed, and when requested by Leader, cause to be liled, recorded. led. orerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate. nY and all such Mortgages, dhwds of trust security deeds, security agreements. financing statemeres, contiroation stalerttents, Instruments of further assurance. certificates. and other documents as may, in the able opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect. continue, on preserve (1) Borrower's and Grantors obligations under the Credit Agreement, this Mortgage, and the Related Documents. and (2) the gems and security ntenests created by this Mortgage on the Properly. whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Larder agrees to the contrary, in writing, Grantor stag reimburse Lender for all costs and expenses Incurred in connection with the maters referred to in this paragraph. Additional AulltoMnmlfans. It Grantor fails to do any of the things referred to in rte preceding paragraph, Lender may do so for and in the name of Grantor and at Grantors expense. For such purpose„ Grantor hereby irrevocably adhoraes Lender to mace, execute, deliver, file, .._.,., _ ..record and do all other things as may be neclimery or desirable, in Larders sole opinion, to accomplish the matters referred to in the _ precedlnp.paregraptm. llls undarstood Out nothing set forth herein shag require Lender to take any such actions. - " FULL PERFORMANCE . II torrower pays as the Indebtedness when due, terminates the credit Inc account. "'otherwise pedofms_allihe.__ obligations Imposed upon Grantor under this Mortgage, Lender shag execute and deriver to Grantor a suitable satisfaction of tints Mortgage and suitable statements of termination of any financing statement on file evidencing Lenders security interest M the Reran and the Personal Property. BK 1907PGO364 MORTGAGE . (Continued) _ Page 4 1 Grantor will pay, It permitted by applicable law. any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Grantor will be In default under this Mortgage N any of the following happen: (A) Grantor commits fraud or makes a mateda!'Inisrepresentatbn at any time in connection with the Credit Agreement. This can include, lot example, a false statement about Borrower's or Grantors Income. assets, liabilities, or any other aspects of Borrower's or Grantor's financial condition. (B) Borrower does not meet the repayment terms of the Credit Agreement. (C) Grantor's action or inaction adversely affects the collateral or Lenders rights in the collateral. This ran include, for example, failure to maintain required insurance, waste or destructive use of the dwelling. failure to pay taxes, dean of ea persons liable on the account, transfer of title or sate of the dwelling, creation at a senior lien on th dwelling without Lender's permission, foreclosure by the holier of another lion, or the use of funds or the dwelling for prohbiled purposes. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter. Lender, at Lenders option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by low: Accelerate Indebtedness- Lander shall have the right at its oration, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. l1CC Remedies. With respect to at or any part of the Personal Property, Lender shat have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shell have the right. without notice to Borrower or Grantor, to take possession of the Property and collect the Rents, Mcluding'amounts past due and unpaid. and apply the net proceeds, over and above•L.endees'cciifi, against* tie indebtedness: in furtherance of this right, Lender may require any tenant or other user of the Property to crake payments of rent or use fees directly to Lender. It the Rents are collected by Larder, than Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand stall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. i Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of at 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 tolled the Rents from the Property and apply be proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond N permit" by law. Lenders right to the appointment of a receiver shat 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 pant of the Property. Nonjudlcial Sale; if pemhited by applicable law. Lender may foreclose Grantors interest in at or in any part of the Personal Property or the Real Property by non.judicial sale. Deflclency Judgmiennt, Lender may obtain a Judgment lot 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. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shag become a tenant at sufferance of Gender or the purchaser of the Property and stall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shat have at other rights and remedies provided in this Mortgage or the Credit Agreement or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies. Lender shat be free to set all or any pan of the Property together or separately, in one sale or by separate sales. Lender shelf be entitled to bid at any public sale on all or any portion of the Properly.^ Notice of Sale. Lerida, will give Grantor reasonable notice of the time and place of any pudic sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice stag mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal j Property may be made in conjunction with any sale of the Real Property. Election of Remedies. AN of Lenders rights and remedies wit be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Limier from using any other remedy. If Lender decides to spend money or to perform any d Grantor's obligations under this Mortgage, after Grantor's. failure to do so, that decision by Lender will not affect Lenders right to declare Grantor in default and to exercise Larders remedies. Attorneys' Fees; Expenses. It Lander Institutes any suit or action to enforce any of the corms of this Mortgage. Lender shall be entited to recover suchatem as the court ma reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action Is ,.. - Y.aq -. involved, and to the extent not prohibited loll few, all reasonable -expenses Lender incus that In Landers-opinion are necessary at any tune - --- -- - for the protection of its interest or the enforcement of its rights shall become a pad of the Indebtedness payable on demand and shat bear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to arty limits under applicable low. Lenders altomays' fees and Lenders legal expenses, whether or riot there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or irjunction), appeals. and any anticipated pos4judgment collection services, the cost of searching records. obtaining title reports (Including foreclosure reports), surveyors' reports, and appraisal fees and title Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs. in addition to all other suns provided by law. f NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall { be effective when actually delivered. when actually received by telefacslNe (unless otherwise required by law), when deposited with a rallonally recognized Ovemigfhl career, or. N mailed, when deposited in th¢ United.Stales InaY. As first class, centhTsd.nc regsbrgf au1 postage p epsid- . directed to tf addresses sthown heir the beginning of this Mbrtgage. AllCopies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.SA Section 8143, at. seq.. shall be sent to lenders address, as shown rear to beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving brmal written notice to the other person at persons, specifying that the purpose of tine notice Is to change the parsons address. For notice purposes, Grantor agrees to keep Lender, informed at all times of Grantors current address. Unless otherwise provided by applicable law, it there is more than one Grantor, any notice given by Lender to any Grantor a deemed to be notico given x all Grer:tors. It will be Grantor's responshAity totell ee others of the l notice from Lender. ADDITIONAL PROVISIONS. Terms not otherwise defined in this Mortgage shall have the meanings attributed to such terns in the Uniform Commercial Code. All references to dollar amounts shall mean in lawful money of tho United Sates of America. . GOVERNING LAW. If this Mortgage or Deed of Trust has been accepted by us in the Commonwealth of Pennsylvania, this Mortgage or Deed Of Trust will be governed by the laws of the Commonwealth of Pennsylvania. except to the extent that such laws have been pre-empted or superseded by federal law. If this Mortgage or Deed of Trust has been accepted by us in the State or Maryland. this Mortgage or Deed of Trust will be governed by the taws of the State of Maryland, except to this extent that such laws have been pre-empted or superseded by federal law. It the Mortgaged Properly is located wNNn the State of Maryland, the Lender elects to have the Mortgage or Deed of Trust governed by Subtitle 9, Credit Grantor Open-Erd Credit Provisions, of Title 12 of the rcell Law Article of the Annotated Code of Mallard. I MISCELLANEOUS PROVISIONS. The following miscellaneous provlebrs are a part of this mortgage: Amendments. What is , in this Mortgage and in the Related Documents is Grantors entire agreement with Lender concerning the matters covered by'this Mortgage. To be oftwtva, any change or amendment to this mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings In this Mortgage are for convenience purposes only and are not to be used to interpret or-define the- provisions of this v(le9 0 7 PG 0 3 6 5 Af •p MORTGAGE • (Continued) Page 5 Choice of Venue. If there is a lawsuit. Grantor agrees upon Lenders request to submit to the jurisdiction of the courts of Cumberland County. Commonwealth of Pennsylvania. Joint and Several Llablllty. AN obligations of Borrower and Grantor under this Mortgage shall be joint and several, and all referWAs to Grantor shall mean each and every Grantor, and all references to Borrower shell mean each and every Borrower. This means that each Borrower and Grantor signing below is responsible for dt obligations in this Mortgage. No Waiver by Lender. Grantor understands Lender will not give up any of Lenders rights under this Mortgage unless Larder does so in writing. The fact that Lender delays or oralts to exercise any right will not mean that Larder has given up that right. It Lender does agree in writing to give up one of lenders rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that If Larder does consent to a request that does not mean that Grantor will not have to gel Lenders consent again it the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantors requests, that does not mean Larder will be required to consent to arry of Grantors future requests. Grantor waives presentment, demand for payment, protest. and notice of dishonor. Severabitty. If a court finds that any provision of this Mortgage is not valid or should not be enforced. that fact by itself w6 not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even it a provision of this Mortgage may be found to be invalid Or unenforceable. Merger. Thcre rho!! be no-mcrger of _ho !-Merest or estate created by this McrtpaC* with =n eth,.t. interest rx onta!o IF. the Prep-t, at `ny tirne held by or for the benefit of Larder in any capacity. without the written consent of Lender. Successor Interests. The terns of this Mortgage shall be binding upon Grantor, and upon Grantors heirs, personal representatives, successors, and assigns. and shop be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. DERNRiONS. The following words shat have the following meanings when used in this Mortgage: Borrower. The word 'Borrower' means Constantine N Gekas and includes all co-signers and co-makers signing the Credit Agreement Credit Agreement. The words "Credit Agreement' mean the credit agreement dated April 6, 2005, with credit 11mit of $28,000.00 from Borrower to Lender, together with all renewals of, extensions of. modifications of, refinancings of, consolidations of, and subitdutions for the promissory note or agreement NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. Environmental Laws. The words 'Environmental Laws' mean any and at state, federal and local statutes, reguAationt; and off,-Ames relating to the protection Of human health or the environment, including without limitation the Comprehensive Ertvitonmente?.Re??orse,, Compensation. and Liability Act of 1980. as amended. 42 U.S.C. Section 8801, et seq. ('CERCLA'), the Superfund Arnerv intents, and4 Reauthorization Act of 1986, Pub. L No. 99.499 ("SARA), the Hazardous Materials Transportation Act, 69 U.S.C. Seu tion,1601; eaeq..'lli? Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable slate or federal laws,•r ails, or ragdatiph? adopted pursuant thereto. Event of Default. The words 'Evert of Default' mean any of the events of default set forth in this Mortgage in the events` default secrZ-. i this Mortgage. . I-!, ': Existing Indebtedness. The words 'Existing Indebtedness` mean the indebtedness described in the Existing`Lierz;pv'rskkxn;of,tbis,.• Mortgage. ?y Grantor. The word "Grantor' means Constantine N Gekas and Irene A Gekas. Hazardous Substances. The words 'Hazardous Substances' mean materials riot, because of their quantity, concentration or physical. chemical or infectious characteristics, may cause or pose a present or potential hazard to human heallh or the anwironment when improperly used. treated, stored, disposed of, generated, manufactured, transported or otherwise hated. The words 'Hazardous Substances' are ed In their very broadeat Sens e..nd h&-,de any end rut 7 c.r rs or loxes r.:Sstances, r a a: rJs c: waste ins denied by or listed under the Environmental Laws. The tent 'Hazardous Substances' also Includes, will out Ikntalion, petroleum and petroleum by-products or arty fraction thereof and asbestos. Improvements. The word Improvements- meats at existing and future Improvements, buildings. structures. mobile hones Affixed on the Real Property. facilities. additions, replacements and other construction on the Real Property. Indebtedness. The word 'Indebtedness' meads all principal. Interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutiontss for the Credit Agreement or Related Documents and any amounts expended or advanced by Larder to discharge Grantors obligations or expenses incurred by Lender to enforce Granters obligations under this Mortgage. together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created In the future - Shall -Wale back 10the-date ofthis Mortgage. - ------ -- Lender. The word 'Lender means Pennsylvania State Bank, its successors and assigns. The words 'successors or assigns' mean any person or company that acquires any Interest in the Credit Agreement. Mortgage. The word 'Mortgage' meads this Mortgage between Grantor and Lender. Personal Property. The words 'Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and Flow or hereafter attached or affixed to the Real Property; together with all accessions, pars, and additions to. all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without irritation at Insurance prw-eecis and refunds of premiums) from any sale or other disposition of the Property. Property. The word 'Property' means collectively the Real Property and the Personal Property. Ra:ai Fnopcriy: 'Thu wo%_'Real ryo?aity' ,.",::hs : rd -Nhtr, at further dneenribed in this Mori". Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements. Ivan agreements, environmental agreements, guaranties. security agreements. mortgages. deeds of trust security deeds, eoitateral mortgages, and at other instruments. agreements and documents, whether now of hereafter existing, executed in connection with the Indebtedness. Rente. The word 'Rwmfs mean: ep present. prhd•h?re•.tynk: rm. er uwa, 4v onwrigSrW.e, nck; protms . d r+h?r henc8 s.asrc rl•rm thy- -- _ •- r Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. p..v, -- _.....,,..... - un 1 907p60366 1. Page 6 CERTIFICATE OF RESIDENCE I Hereby certify, that the precise address of the mortgagee, Pennsylvania State Bank, herein is as fdlows: Camp Hill OffIM 2148 Markel Street, PO Bo: 487, Camp Hill, PA 17011 Attorney or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT Ntltadal sash COMMONINEALTH OF PENNSYLVANIA } So*Gnhlider, fatayPubk )SS 6GOOVIIloson uncasler County E*M Folt A. 2007 COUNTY OF_ hle tber,PlnrMffkw*AwcalionO(Ngaties .20 ?, before we ?c?7 7 e6enE ii/l./a On this. the day of ,/17i4j9eZ/1 the undersigned Notary PtMc, personally appeared Constantine N Gekas and hene A Gekas, known to me (or satisfdebrily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, 1 hereunto set my hand and official ?- t ,fur r.` r?•. I-4„ Notary Public in and for the State .1 RECORD & RETURN To SECURITY SEA CH &AS 9TRACT CO., INC SUI 111 _BPRESIDENTIAL ALA CYN YD. PAt19004 RD c ;llity this to be recorded ,i Curilb(Aand County PA Recorder of Deeds BKI907PGO367 MORTGAGE . (Continued) ? I T 4C3ERT P. ZIEGLER s i OOMI)ER Or VEE:S 2005 MR8 7 RN 1154 Parcel Number 47-20-1866-032 CORR90VE DEED THIS DEED, made this Friday, February 18, 2005, BETWEEN Dean N. Gekas, aWa Constantine N. Gekas and Irene A. Gekas, husband and wife, Grantors AND Constantine N. Gekas and Irene A. Gekas, husband and wife, Grantees WITNESSETH, That in consideration of the sum of One ($1.00) Dollar, in hand paid, the receipt whereof Is hereby acknowledged, the said grantors do hereby grant and convey to the said Grantees, their heirs and assigns ALL that certain piece or parcel of land, situate In the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more partlcularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Greenwood Circle at the Southern line of lands now or late of Harold A. Herre and Jane M. Herne, his wife; thence along the western line of Greenwood Cirrl8, In a southwardly direction, a distance of one hundred fifty (150) feet to a point to line of other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife; thence along said other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife, in a westwardly direction by a line parallel to the southern line of lands now or late of Harold A. Herne and Jane M. Herne, his wife, a distance of two hundred fifty (250) feet, more or less, to a point on the eastern line of Lot No. 45 on said hereinafter mentioned Plan of Lots, the line of lands now or late of Edwin B. Romig an d Virginia Romig. his wife, thence along said eastern fine of Lot No. 45 in said hereinafter mentioned Plan of Lots and the eastern One of Lot No. 44 on said Plan, in a northwardly direction, a distance of one hundred fifty (150) feet to a point oft the souther tine of_ lands now or late of Harold A, Hefrs_elnd_Jarae M. . Herne, his wife; and. thence along said southern line of Harold A. Herre and Jane M. Herne, his wife, in an eastwardly direction a distance of two hundred fifty (250) feet, more or less, to a point on the westem line of Greenwood Circle, the place of BEGINNING. BEING the southem one-half (112 ) of Lot No. 47 and the northern part of Lot No. 48 on the Revised Plan of Pennsbom Manor as recorded in the Office for the Recording of Deeds in and for the County of Cumberland in Plan Book 3, Page 6. von 267 FxW 78 '? EWLLTT TRMIFER TAX cwwa+wuwsrpeokisvavusu STATIMEWOEVALUE ?fcr+rss+i w • wa txrMAW aR ¦mtvtou?t was A HAUMUSW, FA In2"ON Sim aw q kt Inamt:fioas Gira'i 9n 06 "awe and go in duplieala wfth Rarasrd.r of b.edr.r60 i[) dw "I valudmw Ir nrirhout ommk moon, or by A ar (]) a tax examplian is daiaod. A,SWw."t of Value Is is not r t forth in d.•d M wh.ati dwd iisw if th. tronafor is whah .s:nmplfrvm tax I I $. Ckadr App spriah am Selaw hr Emmmptlan tdabned ? Will Or intadata SUM086R ? Trand r 1. Mdustdal Dwetopm W Ageary. ? 7w0w to o "O. (AncA awaph m copy of Crum og mm idweFying all W"d.rl".) ? Trandw betwao pe4wJpal aM ap w. jkRadr complete copy Pw1' agn.a?w+.1 ? Tramim to d* C..earrrreoltlt, do Utraad $*aa and iewmewaNam by S*r d.diaapon, a wdemn.tion or In twu of m.dma.atioa. (if eandwnnatim w in Car of oa•dw.r+ade". dtOA COPY of MQUIea.) ? Transfer kwn 9w to a haldw of a werVage in ddauh. Marry.p. Boob Wmber , Page Hu"or _ ? Cerrarlve or mwAraaltory d..d. )Afladi a mptea copy of tb@ prior d.ed being eaimmd or cm&wed.) ? limnaory corpaata comalidatim nwgw or division. (Attadr copy of articimr.) *Olh.r (M*aw eWan+ox?pfion dtA W4 1F o1Mr *an limed obaws.1 .11aw.1 dodosalLrMtbrwas?iai?le SIoA.mersfr IadssAa?YaaaeanPaatr? b4arama", a" team bevel wytm"M0 tlraar cmww and 0000tda.- Tms Fom 1sftOP1itLY Ott ATUo1 APKKAum ooojmwUTmm INAY aM LT/N SHE atop a'!r 19FUSAL BOOK X7 P E4?.E certificato of Res tnce 1 hereby certify, that the precise residence of the Grantees herein Is., 48 South Terrace, Wormleysburg, PA 17043 CA-1- Agent r Grantees Commonwealth of Pennsylvania : : ss. County of Cumberland: On this, Friday. February 18, 2005, before me, a notary public, the undersigned officer, personally appeared Constantine N. Gekas, also known as Dean N. Gekas and Irene A. Gekas, his wft known to me (or satisfactorily proven) to be the person(s) whose name(s) he/she/they subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. Notary Mum etc y Commission Expires: JAl1Eti A. MUM Ed" 04 to law d Doom 4nAVOd oow4, /M we P,o Apftak2=== My Commission Expires: Jr. led _ J Commonwealth of Pennsylvania County of _ . ?. RECORDED in the Office for Recording of Deeds, etc., In and for sold County, In Record Book No. . Page WITNESS my Hand and Official Seal this day of .2005. Recorder of Deeds BOOK 267 Fw4jf)) - I BEING THE SAME PREMISES which The Estate of Kenneth G. Beachley, by Ellen S. Jenkins and Michael C. Beachey and Manufacturers and Traders Trust company successor by merger to Ai irst Trust Company of Pennsylvania, N,A. Co-Executors of The Kenneth G. Beachley Estate, granted and conveyed by deed dated June 16, 2003, unto Dean N. Gelcas and Irene A. Gekas, the Grantors herein. and recorded on September 4, 2003, in the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Hook 259, Page 476. This transfer ft exempt from the Pennsylvania Really Transfer Tax In that if is a corrective deed eomecdng tyre error in ft pn wed ng deed whereln Grantor, Constandne N. Gekas, herein was enoneoasly rr feirred to as Dean N. Gekas; Consfantine N. Gekas and Dean N. Gekas are one in the same. And the said Grantors do hereby Warrant Speclaliy the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals, the day and year first above-wri*? Sealed in the presence of: 1 , Witness Witness Witness 5001 FACE4 7g . Amoikk6h1h Pennsylvania State Bank A Division of BLC Bank, N.A. ecember 7, 2007 -EAN N GEKAS 8 SOUTH TERRACE RD JORMLEYSBURG PA 17043 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. the HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are sted at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impairod hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a. lawyer. A NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A ONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION ,BTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA OUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER LEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY IORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL ERECHO A REDIMIR SU HIPOTECA. OMEOWNER'S NAME(S): DEAN N GEKAS ROPERTY ADDRESS: 48 SOUTH TERRACE RD . WORMLEYSBURG, PA 17043 DAN ACCT. NO# 7150000040 URRENT LENDER/SERVICER: Pennsylvania State Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FR YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE SSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE SSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE AYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA OUSING FINANCE AGENCY. EMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of reclosure on your mortgage for thirty (30) days from the date q# this Notice. During that time you must 'range and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at e end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT PPLY FOR EMERGENCY MORTGAGE ASSISTANCE,_ YOU MUST BRING YOUR MORTGAGE UP TO ATE THE PART OF THIS NOTICE CALLED °HOW TO CURE YOUR MORTGAGE DEFAULT', XPLAINS HOW TO BRING YOUR MORTGAGE UP TO-DATE. ONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling iencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days ter the' date of this meeting. The names addresses and telephone numbers of designated consumer edit counseling agencies for the county in which the property is located are set forth at the end of this otice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your tentions. 4PPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth ater in this Notice (see following pages for specific information about the nature of your default.) If you lave tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Assistance Program. To do so, you must fill out, sign and file a -ompleted Homeowner's Emergency Assistance Program Application with one of the designated consumer -redit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Dennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) Jays of your face-to-face meeting. fOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT =OLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE ' NILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be 9isbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing = inance Agency has sixty (60) days to make a decision after it receives your application. During that time, io foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION OF BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). dATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 48 SOUTH TERRACE RD WORMLEYSBURG, PA S SERIOUSLY IN DEFAULT because: k. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following imounts are now past due: OCTOBER 2007 NOVEMBER 2007 DECEMBER 2007 -Other charges (Late fees): - $538.25 $524.38 $524.38 $81.13 ?_.__ _ TOTAL AMOUNT PAST DUE: $1,668.14 -IOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this iotice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,661.14 PLUS ANY JORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY DERIOD. Payments must be made either by cash, cashier's check, certified check or money order made )ayable and sent to: Pennsylvania State Bank Attention: Collection Dept 949 East King Street Lancaster, PA 17602 'ou can cure any other default by taking the following action Within THIRTY (30) DAYS of the date of this 9tter. (Do not use if not applicable). F YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the late of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This neans that the entire outstanding balance of this debt will be considered due immediately and you may use the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is iot made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to oreclose upon your mortgaged property. F THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay ?ff the mortgage debt. If the lender refers your case to its -attorneys, but you cure the delinquency before -ie lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's aes that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you sill have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. any attorney's fees will be added to the amount you owe the lender, which may also include other =asonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be reauired D pay attorney's fees. ,p )THER LENDER REMEDIES - The lender may also sue you personally for the unpaid balance and all ther sums due under the mortgage. JGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within le THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the efault and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving ie total amount then past due plus any late or other charges then due reasonable attorney's fees and osts connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified i writing by the lender and by performing any other requirements under the mortgage Curing your efault in the manner set forth in this notice will restore your mortgage to the same position as if ou had never defaulted. ARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs ale of the mortgaged property could be held would be approximately 3 months from thedate of this otice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the mount needed to cure the default will increase the longer you wait. You may find out at anytime exactly hat the required payment or action will be by contacting the lender. OW TO CONTACT THE LENDER: Name of Lender: Pennsylvania State Bank Address: 949 East King Street Lancaster, PA 17602 Phone Number: (717) 735-5711 Fax Number: Contact Person: (717) 396-7518 Steve Landis FFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the Mortgaged property and. your right to occupy it. If you continue to live in the property after the Sheriff's ale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at -iy time. SSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will ssume the mortgage debt, provided'that all'the outstanding payments, charges and attorney's flees and :)sts are paid prior to or at the sale and that the other requirements of the mortgage. are satisfied. YOU MAY ALSO HAVE THE RIGHT:. TO SELL THE PROPERTY TO OBTAKMONEY TO PAY OFF THE MORTGAGE DEBT OR TO ORROW MONEY FROM ANOTHER LENDING N1ISTITUTION TO PAYOFF THIS .DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD CCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE OUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY THER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE =NDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104, (717) 232-9757 Urban League of Metropolitan Harrisburg N. 6Th Street Harrisburg, PA 17101 (717) 234-5925 is only necessary to schedule one face-to-face meeting. You should advise Mr. Landis at PA State Bank, zmediately of your intentions. imberly Martin pan Adjustor E ? o c m m m m m ? r :.F n ? Ir 7 M r l M ' n V I U - -3 r postage n Certified Fee 3 3 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee 3 (Endorsemem Required} J J Total Postage & Fees Sent To Street i1pt/? r PO Box Ab. ?-I COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER )SS: David W. Prevost, being duly sworn according to law, deposes and says that he is Vice President/Special Assets of the Pennsylvania State Bank, A Division of BLC Bank, N.A., and that he is authorized to make this Affidavit on its behalf, that the facts set forth in the foregoing Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. David W. Prevost Q i-" - Sworn and subscribed to before me this day of L.-^ -- r' Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea; 'atrim A. *Ak, Nary Public East Petersburg Scro, Lancaster County My Commissicx, EyPres Aug. 9, 2008 Member Qoa r: s-Av.01 _a Aq !; ,0? ,00r, Of Notaries E E Q (: 3 C-6 t?'nr BL?l =7 o ?: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA STATE BANK, A DIVISION OF BLC BANK, N.A. Plaintiff No. 08-630 vs. DEAN N. GEKAS Defendant Action in Mortgage Foreclosure PETITION FOR SUBSTITUTE SERVICE TO THE HONORABLE, THE JUDGE OF SAID COURT: AND NOW, comes Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith & Dolan, on behalf of the Pennsylvania State Bank, A Division of BLC Bank, N.A., and files this Petition: 1. The Petitioner, Pennsylvania State Bank, A Division of BLC Bank, N.A., is a State Bank organized and existing under the laws of the United States of America, having its principal office located at 2148 Market Street, Camp Hill, Pennsylvania 17011. 2. The Respondent, Dean N. Gekas, is an adult individual whose last known address was 48 South Terrace Road, Wormleysburg, Pennsylvania 17043. 3. On or about January 29, 2008 the Petitioner filed an action in mortgage foreclosure against the property located at 48 South Terrace Road, Wormleysburg, Cumberland County, Pennsylvania. 4. It is believed to be and therefore averred to be that at the time of the loan transaction, this was the primary residence of Dean N. Gekas. 5. In accordance with the Pennsylvania Rules of Civil Procedure, the Petitioner directed the Sheriff of Cumberland County to serve a copy of the foreclosure complaint on the Respondent at his address. 6. The Sheriff's Department, on numerous occasions, attempted to serve Mr. Gekas at the address that was given to the Petitioner as his primary residence, which is also the property which is subject to the foreclosure action. 7. The Sheriff, on all occasions, made a sheriff return indicating that the property was vacant and the Respondent is no longer living there. Additional investigation by the Sheriff's Office and the Bank disclosed that the Respondent now lives at 12703 East Desert Cove Avenue, Scottsdale, Arizona 85259. Attached as Exhibit "A" and incorporated herein by reference is a copy of the sheriff's returns. 8. In accordance with the PA Rules of Civil Procedure, Rule 410 and Rule 430, the Court may authorize service by posting a copy of the complaint on the most public part of the property and by sending a copy of the complaint by certified mail and first-class mail to the Respondent's address, or by other means if necessary to give notice to the Respondent. WHEREFORE, Pennsylvania State Bank, A Division of BLC Bank, N.A. hereby requests the Court to allow it to serve the Respondent, Dean N. Gekas, by substitute service in accordance with P.R.C.P. 410 and Rule 430, namely posting a copy of the complaint at the location of 48 South Terrace Road, Wormleysburg, Pennsylvania 17043 and by sending both first-class and certified mail, return receipt requested, a copy of the complaint to the Respondent at his present address which is believed to be 12703 East Desert Cove Avenue, Scottsdale, Arizona 85259. GINGRICH, S KLINGENSMITH & DOLAN r° By: T mas . Klingensmith Attorney for Plaintiff, I.D. #23239 45 East Orange Street, Lancaster, PA 17602 Telephone: (717)393-3684 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00630 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENNSYLVANIA STATE BANK VS GEKAS DEAN N R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent. search and inquiry for the within named DEFENDANT GEKAS DEAN N but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , GEKAS DEAN N 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriffs CostG: So answers: Docketing 18.00 ???-_ =- --- Service 46.08 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 79.08 GINGRICH SMITH KLINGENSMITH 02/29/2008 Sworn and Subscribed to before me this day of , A. D. E XHIBIT SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00630 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF' CUMBERLAND PENNSYLVANIA STATE BANK VS GEKAS DEAN N R. Thomas. Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GEKAS DEAN N but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT GEKAS DEAN N 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043 48 S TERRACE ROAD WORMLEYSBURG IS VACANT. DEFENDANT LIVES AT 12703 E DESERT COVE AVE SCOTTSDALE, AZ 85259-4319-03 Sheriff's Costs: So answers: Docketing 18.00 ?iIy Service . 0 0 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 33.00 GINGRICH SMITH KLINGENSMITH & 06/25/2008 Sworn and Subscribed to before me this _ day of , A.D. JUL 2 9 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA STATE BANK, ; A DIVISION OF BLC BANK, N.A. Plaintiff No. 08-630 VS. DEAN N. GEKAS Action in Mortgage Foreclosure Defendant ORDER AND NOW, to wit, this 3 day of , 2008, pursuant to the Petition for Substitute Service, the Court hereby grants the requested relief and directs the Pennsylvania State Bank, A Division of BLC Bank, N.A. to serve the Respondent, Dean N. Gekas, by substitute service in accordance with P.R.C.P. 410 and Rule 430, namely posting a copy of the complaint at the location of 48 South Terrace Road, Wormleysburg, Pennsylvania 17043 and by sending both first-class and certified mail, return receipt requested, a copy of the complaint to the Respondent at his present address which is believed to be 12703 East Desert Cove Avenue, Scottsdale, Arizona 85259 or by such other means the Court deems appropriate. AND FURTHER, that in the event this case should be reduced to judgment and execution shall be issued, service upon the Respondent pursuant to Rule 3129.2 (c) (1) (c) shall be effected by mailing copies of the required notices to the Respondent at his last known address at 12703 East Desert Cove Avenue, Scottsdale, Arizona 85259 by registered/certified mail and ordinary mail (service to be completed upon mailing) and by posting a copy of the Notice of Sale or Sheriffs handbill in the most public part of the premises and by publication by Sheriff pursuant to Pennsylvania Rule of Civil Procedure 3129.2 (d). BY THE COURT J ATTEST: wsc-vkv w 4v wa:? -,)7v .9 1-7-1137 yew Ali v: _c -i David D. Buell 1tothonotary xirkS. Sohonage, ESQ, Solicitor knee X Simpson 1St Deputy Prothonotary Irene E. Morrow ltd Deputy ftothonotary office of the Prothonotary C'umberfand County, Tennsy(vania e) 8 - 3V CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • CarlZsle, PA 17013 • (717 240-6195 • Fax (717 240-6573