The URL can be used to link to this page

Home My WebLink About04-1507 II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.2004- - 'S61 C:IV~Lr~ . Adams County National Bank, Plaintiff vs. Action of Mortgage Foreclosure Jeffrey R. Zeigler and Dorothy E, Zeigler, Defendants To: Jeffrey R. Zeigler and Dorothy E. Zeigler, Defendants 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 twenfy (20) days after this complainf and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims sef forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 170 I3 Telephone Number: 717-249-3166 .. II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW Adams County National Bank, Plaintiff No, 2004-SU- vs. Action of Mortgage Foreclosure Jeffrey R. Zeigler and Dorothy E. Zeigler, Defendants To: Jeffrey R. Zeigler and Dorothy E. Zeigler, Defendants A VISO USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de 10s proximos veinte (20) dias despues de la notificacion de esta Demanda y A visa radicando personalmente 0 par medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, eI caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por eI demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional, Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICI0S DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICI0S LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN, Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Telephone Number: 717-249-3166 II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW No, 2004- /&'07 ~'UL.tr~ Adams County National Bank, Plaintiff vs. Jeffrey R, Zeigler and Dorothy E. Zeigler, Defendants Action of Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this ~-tk day of A,'"." , 2004, comes Plaintiff, Adams County National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this action in mortgage foreclosure against Jeffrey R, Zeigler and Dorofhy E. Zeigler, Defendanfs, whereof the following is a statement: I, Plaintiff, Adams County National Bank, is a national banking corporation organized and existing under the laws of Congress relating to nafional banks, with its main office af 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania 17325. 2. Defendants, Jeffrey R, Zeigler and Dorothy E. Zeigler, are adult individuals whose last known address is 35 Fish Hatchery Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendants are not in the military or naval service ofthe United Sfafes or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940, as amended. 4. On October 4,2001, Defendants made, executed, and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the II office ofthe Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1735 at page 260 I. A copy of said mortgage is attached hereto and marked as Exhibit "A". Said mortgage is incorporated herein by reference. 5. There has been no assignmenf of said mortgage. 6, The real estate subject to the mortgage is described as follows: ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in the center line of Township Route 310, at comer of lands now or formerly ofR, Strohm; thence by said center line North 31 degrees, II minutes, 48 seconds West, 43.03 feet to a railroad spike at comer oflands now or formerly of Donald G. Means; thence by said lands now or formerly of Means, the following courses and distances: (a) North 59 degrees, 34 minutes, 56 seconds, East, 190 feef (erroneously stated to be 165 feet in previous deed) to an iron pin; (b) North 74 degrees, 50 minutes, 19 seconds, East, 103.89 feet to an iron pin; (c) South 62 degrees, 17 minutes, 32 seconds Easf, 89,90 feet to an existing iron pin at comer of lands now or formerly of C, Campbell; thence by said lands now or formerly of Campbell, the following courses and distances: (a) South 68 degrees, 3 minutes, 22 seconds, East 85.60 feet, to an iron pin; (b) North 52 degrees, 26 minutes, 48 seconds East, 120.69 feet, to an iron pin at line oflands now or formerly of Harold W. Kauffman; thence by said lands now or formerly ofKauffinan, the lands now or formerly of Noll, and crossing Township Route 305, South 32 degrees, 22 minutes, 19 seconds West, 282,75 feet, fo a point in the Middle Spring Creek; thence with said Middle Spring Creek, South 74 degrees, 41 minutes, 2 seconds West, 238,66 feef, to a poinf in the Middle Spring Creek at line oflands now or formerly ofR, Strohm; thence by said lands now or formerly of Strohm and crossing Township Route 305, North 5 degrees, 31 minutes, 10 seconds, East 257.53 feet, to an iron pin; thence by same Soufh 59 degrees, 36 minutes, 56 seconds West, 124 feet, to an iron pin; thence continuing by same, South 15 degrees 57 minutes, 35 seconds West, 40.63 feef to a railroad spike in the cenfer line of Township Roufe 310, the place of BEGINNING. BEING Lot No. 24 on a Subdivision Plan for Donald G. and Mary H. Means, by John R, Kissinger, R.S., dated January 28, 1985 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 48, Page 10. II CONTAINING 1.554 acres pursuant to the aforesaid Subdivision Plan, excepting and reserving, however, 0.371 acre thereof, for right-of- way of Township Route 305 and 310. BEING the same real estate which Gerald M. Madden and Susan I. Madden, his wife, by their deed dated March 27, 1986, and recorded at Cumberland County Deed Book U, Volume 31, Page 893, conveyed to Susan I. Madden, Grantor herein. 7, The present owners of the real estate subject to the mortgage are Defendants, 8. Said mortgage is in default because the payments of principal and interest, which have become due and payable on December 4,2003, and on fhe fourth day of each month, thereafter, remain due and unpaid. By the tenus of said mortgage and at the option of Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable. 9. By reason of the aforesaid default, the following amounfs are due in accordance with the terms of the mortgage: (a) Balance of unpaid principal (b) Interest from 11/5/03 to 3/25/04 (Plus $6.00 per diem thereafter) (c) Lafe charges to 3/25/04 (Plus $20,00 per month thereafter) (d) Attorney's commissions TOTAL $39,793.87 $ 851.48 $ 80.00 $ 3.048.41 $43,773.76 10, The attorney's commissions set forth above are in conformity with the mortgage documents and Pennsylvania law and will be collected in the event of a third party purchaser at Sheriffs Sale. Ifthe mortgage is reinstated prior to the Sheriff's Sale, reasonable attorney's fees will be charged based upon on legal work actually performed. 11. The Combined Notice of Delinquency, which satisfies the requirements of the Notice ofIntention fo Foreclose pursuant to Act 6 of 1974 (41 P.S, ~403) and the Notice of Homeowners' Emergency Mortgage Assistance pursuant fo Act 91 of 1983 (35 P,S. ~1680.40lc), as amended, has been sent to Defendants by first-class mail, postage prepaid, II ii' I , and by certified mail, return receipt requested, Copy of the Combined Notices of Delinquency sent to Defendants are attached hereto and marked as Exhibits "B" and "C". Said Notices are incorporated herein by reference. The Certified Mail Receipt (PS Form 3800) and Domestic Return Receipt (PS Form 3811) from the mailing of said Notices to Defendants are attached hereto and marked as Exhibits "D" and "E". Said Receipts are incorporated herein by reference. 12. The temporary sfay provided by said Combined Notices ofDe1inquency has tenninated. Defendanfs have failed to cure the aforesaid default. WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the sum of $43,773.76, plus interest from March 26, 2004, af a per diem of$6,OO, additional late charges, costs ofsuif, and other charges collectible under the terms of the mortgage; for the foreclosure and sale of the mortgaged property; and for other relief as the Court deems appropriate, Respectfully submitted: PUHL, EASTMAN & THRASHER By: ?(2<)} Ross H, Piil r, Esquire Attorney ID Number 77071 Attorney for Plaintiff 220 Baltimore Street Gettysburg, P A 17325 (717)334-2159 II , II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Plaintiff No, 2004-SU- vs. Action of Mortgage Foreclosure Jeffrey R, Zeigler and Dorothy E, Zeigler, Defendants VERIFICATION TO COMPLAINT IN MORTGAGE FORECLOSURE I, Susan M. Saylor, do hereby state that I am Assistant Vice President, Collections, of Adams County National Bank, thaf I am authorized to make this verification, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief, I understand thaf this sfatement is being made subject to the penalties of IS Pa.C.S, ~4904, relating to unsworn falsification to authorities. Dated: 3/02.i"''f b.~A.LI Assistant Vice presiZ ;ol;ections Adams County National Bank 3~1J - J~ ~ \( P r!"f .'t. _ Zr.I./..,tn. 5f.( <<I1J!15~!rtli1', Zft':@U;R IiH)I1It!Jl!Il"~ FOE EDS f,'!'J/.HH:RUHif) OeUN'Flf - FA '01 OOT 11 ArJ S .:t~ - Commonwealth of PellllSYlvanla Space Above This Line For Recort11n8 Data _ OPEN-END MORTGAGE This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ..9,C;::!'R!'!J1:,~........~..f...~,q~~. and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: JEFFREY R ZEIGLER DOROTHY E ZEIGLER 35 FISH HATCHERY ROAD SHIPPENSBORG, PA 17257 Dlf checked, refer to the attached Addendum incoIpOrated herein, for additional Mortgagors, their signatures and acknowledgments, LENDER: FARMERS NATIONAL BANK OF NEWVILLE - A DIVISION OF ADAMS COUNTY NATIONAL BANK NEWVILLE PA 17241 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and. Mortgagor's performance under this Security Instrument, Mortgagor grants,. bargams, conveys and mortgages to Lender the following descn"bed property: SEE ATTACHED LEGAL DESCRIPTION. The property is located in ........~~~................................ at ................................,.., (County) ,:j.'i,.r.~,~~.,~.':\'~,~X,.R9~" "., ".,."" ".,~~!;?~J!lM~ll,W!-~,.,' ,., ,." Pennsylvania ,.,..:l-:m,?,.,..." (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineraI rights, oil and gas rights, crops, timber, all diversion payments or third parly payments made to crop producers, all water and ripanan rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, structures, fIXtures, and replacements that may now, or at any time in the future, be part of the real estate descn'bed above (all referred to as 'Property'). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount.secured by this Security Instrument at anyone time shall not exceed $ .......~~f.9.<1~..,9,q.............. , This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument, PENNSYlVANIA' ASRlCULTURAlICOMMEIll:IAJ. MoRToAoE INOTFO....... FHLMC. FHA OR VR USf..NO NOT 'OR CO,,".ER PUA~f.l ~ ",....."'~s,.......'\'2.~i!,g"',MN Po~AGICO,MTG.PA 7/1.'2000. ~ ~ (ptlfle 1 Df 10) BK I 7 3 5 PG 2 6 0 I " EXHIBIT A 4. SECURED DEBT AND FUTURE AnV ANCES. The term "Secured Debt" is defined as follows: A, Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions; renewals, modifications or substitutions, (When referencing the debts below it is suggested that yuu include items such as borrowers' names, note amounts, i_rest rates, maturity dates, etc;) . BORROWER.: JEFFREY R ZEIGLER AND DOROTHY E ZEIGLER AND ZEIGLER'S GULF LLC LOAN AMOUNT: $ 40,000.00 INTEREST RATE: 7,500 t MATURITY DATE: 10/04/2006 B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract; guarilUty, or other evidence of debt existing now or executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this. Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future adval1ceS. and future obligations that are given to or incurred by any one or more Mortgagor, or anyone or more Mortgagor and others, All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced, All future advances and other future ~bligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advllI1ceS ill any amount. Any such commitment must be agreed to ill a separate writing, C, All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by illw, including, but not limited to, liabilities for overdrafts relating to any deposit account a~nt between Mortgagor and Lender, D, All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property. and its value. and any other sums advanced and expenses incurred by Lender under the terms of this Securio/. Instrument, This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescISsion. 5, PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and ill accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the rilfht to grant, bargain, convey, sell, and mortgage the 'Property. Mortgagoralso..warrants'that the Property IS unencwpbered;"CxcepHorencumbrances of record, 7. PRIOR SECURITY INTERESTS. With regatd to any other mortgage, deed of trust, security agreement or other lien document that created a prior security ~t or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B, To promptly deliver to Lender any notices that Mortgagor receives from the holder. C, Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent, 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other cluttges relating to the Property when due. Lender may require Mortgagor to ~rovide to Lender copies of an notices that such amounts are due and the receipts evidew:ing ~ortga.8or s pa,YU!Cnt. ,Mortgagor. will defend title to the Property against any claims that would lmpm the lien of this Secunty Instrument, Mortgagor ~s to assign to Lender, as requested, by ~, 8!'-'J ~ts, claims or defenses Mortgagor may have agamst parties who supply labor or materials to mamta'T\ or unprove the Property. ~ 01994 a.nk.", Syqm!:9~ .?&ud. MN Form AG/CO-MTG-PA 71191.2000 Bin 735PG26QZ ~~ (pllge 2 of 10J E!^( 11 9. DUE ON SALE OR ENCUMBRANCE. I.ender may, at its option, declare the entire baJance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property.. This right is subject to the restrictions imposed by federal law (12 C,F,R. 591), as applicabl~, This covenant shall nm with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released, 10. TRANSFER OF AN INTEREST IN TlIE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a coxporation or other organimtion), Lender may demand immediate payment if: A, A beneficial interest in Mortgagor is sold or transferred,. . B, There is a change in either the identity or number of members of a partnership or similar entity. C. There is a change in ownership of more than25 percent of the voting stock of a corporation or similar entity, However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural person (such as a corporation or other organimtion), Mortgagor Iilakes to Lender the following warranties and representations which shall continue as long as the Secured Debt remains outstanding: A. Mortgagor is duly organized and validly existing in Mortgagor's state of incorporation or organimtion, Mortgagor is in good standing in.all states in which Mortgagor lrans.acts business, Mortgagor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, is qualified . to do so in each state in which' Mortgagor operates, B, The execution, delivery and performance of this Security Instrument by Mortgagor and the obligations evidenced by the Secured Debt are .within the power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency, C, Other than previously disclosed in writing to Lender, Mortgagor has not changed its name within the last ten years and has not used any other trade or fictitious name, Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied, 12. PROPERTY CONDmON, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and IiIake all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste; impairment, "rdeteriorationof the Property. Mortgagor will keep the Property' free of noxious weeds and grasses. Mortgagor agrees that the Uature of the occupancy and use will not substantially change without Lender's prior written consent, Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent, Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materia11y altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance, Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument, Mortgagor shall not partition or subdivide the Property without Lender's prior written consent, Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property, Lendershal!gi'V~ MO'!$"gor notice at the time of or before an inspection specifying a reasonable purpose for. thd!l8pe(:tioni Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection, (pogo 3 of 10J <0"" 378 ./~ Pti. ~ @l19i4S,nk.,..Sy-ums,lne.:-St,ClDud. MN FDrtn AG/CO-MTG-PA 11'~/~qoo", ~ ~ BK I 7 3 5 PG 2 6 0 3 -I 13, AUTHORITY TO PERFORM. . If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument,. Lender may, Vlithout notice, perform or cause them to be performed, Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessllIY for performance. Lender's rip! .to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform willllCltpreclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessllIY to protect Lender's security interest in the Property, including completion of the construction, 14. ASSIGNMENT OF LEASES AND ~S"Mortgagorgrants, bargains, and conveys to Lender as additiOlial security all the right, title and interestin and to any 11m! all: A. . Existing or future leases, subleases; licenses,.. guaranties and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases"). B, Rents, issues and profits (all referred to as "Rents"), including but not limited to security deposits, minimum rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, canoellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accpunts,contract rights, general intangibles, and all rights and claims which MO/,'lgagormily have that in any way pertain to or are on account of the use or occupancy of the whole ot a:q.y part of the Property. I11the event any item listed as ~es or .Rents is determined to be personal property, this Security Instrument will also be regilrded as aseCuri,ty agreement, Mortgagor will promptly provide Lender with true and correct. copies of all existing and future Leases, Mortgagor may collect, receive,. enjoy and use the Rents so. long as Mortgagor is not in default, Except for one lease period's rent, Mortgagor will not collect in advance any future Rents without Lender's prior written consent, Upon default, Mortgagor will receive Rents in trust for Lender and Mortgagor will not co1T11T1;ngJe the Rents with any other funds; Amounts collected shall be applied at Lender's discretion to payments on the Secured Debt as therein provided, to costs of managing, protecting and preserving the Property and to any other necessary related expenses including Lender's attorneys' fees and court costs, Mortgagor agrees that this assignment isin1nHidiately effective between the parties to this Security Instrument and effective as to third parties. on. the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording. However; Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender IlCltifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all Rents due orto..become.due directly to Lender. On receiving the notice of default, Mortgagor will endorse and delivetto Lender any payments of Rents, Mortgagor warrants that no default exists under the Leases or any applicable landlord law. Mortgagor also agrees . to maintain, and to require the tenants to comply with, the Leases and any applicable law, Mortgagor will promptly notify Lender of any noncompliance. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance, Mortgagor will obtain Lender's written authprization. before Mortgagor consents to sublet, modify, cancel, or otherwise alter the Leases, to accept the surrender of the Property covered by such Leases (unless the Leases so require), or to assign, c?mpromise or encumber the Leases or any future Rents. If Lender acts to manage, protect and preserve the Property, Lender does not assume or become liable for its maintenance, depreciation, or other losses ordamages, except those due to Lender's gross negligence or intentional torts, Otherwise, Mortgagor will hold Lender harmless and indemnify Lender for any and all liability, loss or damage that Lender may incllr as a consequence of the assignment under this section, 15. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold, If the Property ~ Cl1994 Bankelll Sy.t.m., I"c:.. St. Cloud, MN Fgrm AG/CO.~TG.PA 7/19/2000 ~Lf!r (pBge 4 of 10) BK 1 73SPG2604 r includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development, 16. DEFAULT. Mortgagor will be in default if any of the following occur: A, Any party obligated on the Secured Debt fails to make payment when due; B, A breach of any term or covenant in this Security InstnJment or any other document executed for the purpose of creating, securing or guarantying the Secured Debt; C, The making or furnis~ of any verbal or written representation, statement or warranty to Lender that is false or incorrect m any material respect by Mortgagor or any person or entity obligated on the Secured Debt; D. The death, dissolution, or insolvency of, appointJnent of a receiver for, or application of any debtor relief law to, Mortgagor or any other person or entity obligated on the Secured Debt; E. A ,ood faith belief by Lender at any time that Lender is insecure with ~t to any person or entIty obligated on the Secured Debt or that the prospect of any payment is unpaired or the vaIue of the Property is impaired; F. A material adverse cl1anRe in Mortgagor's business incl~ ownership, management, and financial conditions, whicli. Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G, Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to ~duce an agricultural commodity, as further explained in 7 C,F,R, Part 1940, Subpart G, ExhibIt M, 17. REMEDIES ON DEFAU1.T, In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other .notices and may establish time schedules for foreclosure actions, Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default, At the. ol1tion of Lender, all or any part .of the agreed fees and char$es, accrued interest and principal shall become unmediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter, In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waIver of Lender's right to require complete cure of any existing default, By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again, . , . ",- ,'..:........ -... .,' , ," . . . IS. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to paf. all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on denilmd any amount incurred by Lender for insuring, inspecting, preserving or otherwise prote<:ting the Prop'erty and Lender's security interest, These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Leiider in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may inclnde, but is not limited to, attorneys' fees, court costs, and other legal expenses, This Security Instrument shall remain in effect until released, Mortgagor agrees to pay for any recordation costs of such release, 19.ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U,S,C, 9601 et seq,), all other federal, state and local laws, regulations, ordinances, court o~, attorney gelJ!',ra1(9I'inions or interpretive letters concerning the public health, safety, welfare, envirOnmentrbrPg,JiIi:i-Mi;lo'jiS. substance; and (2) Hazardous Substance BK I 7 3 5 PG 2 6 OS ~~ (pagl! 6 of 10) ~ S 1994 Bank... svlt8m.,~:?c~~a:Ud. MN FClrm AG/CO-MTG-PA 711912000 II ~ means any toxic, radioactive or hazardous material, waste, pollutant o( contAminAnt which has characteristics which rencie( the substance dangerous. o( potentially dangerous to the public health, safety, welfare or environment. The term includes, withoilt limitation, any substances defined as "hazardous material, It "toxic substances, It "hazardous waste" or "hazardous substance" under any Enviromnental Law. Mortgagor represents, warnmts and agrees that: .) A, Except as previously disclosed andaclfm>wledged in writing to Lender, no Hazardous Substance has been, is, O( will be located, transported,man\lfactured, treated,refmed, O( handled by any penon on, unde( or about the Pr6peIty, except in the onlinary course of business and in strict compliancewithall applicabl~ En~nxnentaI Law.> ... .' .. B, Except as previously disclosed ~aclili\lwl~ged in writing to Lender, Mortgago( has not and will not cause, contn'bute to, O( permit the release of any Hazardous Substance on the Property, C. Mortgagor will immediately nqtify Lender ,if (1) a .release or threatened release of Hazardous Substance occurs on, under or .about the PrOperty or migmtes o( threatens to migmte from nearby property; or (2) there is a violation. of liny Environmental Law concerning the Property, In such an event, Mortgagor will take all necessaly remedial action in accordance with Environmental Law, D, Except as previously disclosed and acknoWledged in writing to Lender, Mortgago( has no knowledge of or reason to believe there is ~y pending or threatened investigation, claim, o( proceeding of any kind relating to (1) anyHllzardousSubstance located on, unde( or about the Property; or (2) any violation byMortgago(io(any tenant of any Environmental Law,Mortgago( will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending o( threatened investigation, claim, or proceeding. In such an event, Lende( has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings, E, Except as previously disclosed and acknowledged in writing to Lende(, Mortgago( and every tenant have been, are and shall rettJainin full COIIIpliance with any applicable Environmental Law, F. Except as previously disclosed and acknowledged in writing to Lender, the(e are no underground stoage tankJi, private dumps o( <>pell wells located on or under the Property and no such tank, dump o( well will be added unless Lende( firSt consents in writing, G. Mortgago( will regularly inspeCt the .Property, monito( the activities and OPenltions on the Property, and confirm that allpenni~, licenses or approvals required by any applicable Environmental Law are obtained and complied with, H, Mortgagor will permit, o( cause any tenant to pennit, Lende( o( Lender's agent to ente( and inspect the Property and review all records at any reasonable time to determine (I) the existence, location and nature of any Hazardous Substance on, under O( about the Property; (2) the existence, location, riature, and magnitude of any Hazardo1l8 .Substance that has been released on, under o( about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. " . 1. Upon Lender's request and at anytinJe; Mortgago( agrees, at MortgagO('s expense, to engage a qualified environmental enginee( .to piepare an environmental audit of the Property and to submit the results of such audit to Lender. . The choice of the environmental .enginee( who will perl'orm such audit is subject to Lende('S appmval; ], Lender has the right, but not the obHgation, 'to perform any of Mortgagor's obligations underthis section at Mortgagor's expense, ." .:., . . K. As a consequence of any breach of any representation, warranty o( prumise made in this section, (1) Mortgagor will indemnify and holdLende( and Lende('S successon o( aSsigns harmless from and against all losses, claims, demands, liabilities, danJages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lencie( and Lender's succeSSO(S or assigns may sustain; and (2) at Lencie('s disc(etion, Lende( may release this Security Instrument and in return. Mortgago( will pmvide Lender with collatera1 of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security Instrument, ~&e- (page 6 of 10) S 1994 Sank.... Sywhlm.. 11'lC.. St. CIl)IJd, MN Form A13/CO-MTG.PA 7/1912000 BK I 7 3 5 PC 2 6 0 6 u L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the teI'l)18 of this section shall survive any foreclosure or satisfaCtion of this Security Instrument regardless of anr.,~~sage of title to Lender or any disposition by Lender of any or all of the Property. Any c' and. defenses to the contrary are hereby waived, 20. CONDEMNA.TION. Mortgagor will give Lender pro. mpt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or. any other means, Mortgagor authorizes Lender to intervene In Mortgagor's name in any of the above described actions or claims. Mortgagor llBsigns to Lender the proceeds of any award or claim for damages connected with a condemnation or oth!'I taking of all or any part of the Property, -Such proceeds shall be considered payments and will be applied llB provided in this Security Instrument. This llBsignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 21. INSURANCE. Mortgagor agrees to maintain insurance llB follows: A, Mortgagor shall keep the Prol'!'rty insured against loss by fire, flood, theft and other hazards and risks reasonably llBsociated With the Property due to its type and location, This insurance shall be maintained in the amounts and for die periods that Under requires. The insurance carrier providing the insurance shall be chosen by Mortg!,&or subject to Lender's approval, which shall not be unreasonably withheld, If Mortgagor fails to maintain the coverage descn"bed above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the teI'l)18 of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard 'mortgage clause' and, where applical:!le, 'loss payee clause,' Mortgagor shall immediately notify Lender of cancellation or ternunation of the insurance, Lender shall have the right to hold the policies and renewals, If Lender Ie9uires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender, Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option, Any application of proceeds to principal shall not extend or postpone the due date of scheduled payment nor change the amOlmt of any paYment. Any excess will be paid to the Mortgagor, If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from dama$e to the Property before the acquisition shall PllBS to Lender to the extent of the Secured Debt unmediately before the acquisition, B, Mortpgor agrees to maintain comprehensive general liability insurance naming Lender as an addil10rial insured in an amount. acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property, C, Mortgagor agrees to maintaiP rentaIloss or business intetruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender, 22.ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 23. FINANCIAL REPORTS AND ADDmONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may' deem rellBonably necessll1Y, Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessll1Y to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property, 24. JOINT AND INDIVIDUAL LIABll.ITY; CO-8IGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Insc:ument .are, .)0!P;l. .~jp4jvidual, If Mortgagor signs this Security Instrument but does not sign an eVldencec>of"dl!bt;,.\YfoJ;tgllgordoes so only to mortgage Mortgagor's ~ is 1994 81."1:.,. syqm..~~:c?:ud, MN FO~ AG/CO.MTG-PA 7119/2000 9r (p.ge 7 of 10) '" 8K I 7 3 5 PG 2 6 0 7 I interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Deb~, If this ~ty Instrument secures a guaranty pe~een ~ and Mortgagor, Mortgagor agrees to wSlveany rights tliat may prevent Lender from ormgmg any action or claim against Mortllagor or any party indebted Under the obligation, These rililits may include,but are not limited to, any anti-deficiency or one-action laws. . Mortgagor agrees that Lender and any Party to this Security Instrument may exteDd, modify or make any ~e in the terms of this Security Instrument or any eVIdence of debt without Mortgagor's..consent. Such a change will not release Mortgagor from the terms of this Security Instrument, 'The duties and benefits of tliis Security Instrument sh8ll bind and benefit the successors and assigns of Mortgagor and Lender, 25. APPLICABLE LAW..SEVERA.J!ILITY;J:N1ElU'B$TA'rI()N, This.SecurityInstrument is governed by the laws of the jurisdiction in which Lender is located" except to the extent otherwise required by the 18ws of the jurisdiction where the Property is located, AJJY provision that appoints Lender as an agent is not subject to the provisions of 20 pi,c.S.A, Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code), Lender, by exercising any of its rights under this Security Instrument, does so for benefit of Lender. This Security Instrumel1t is complete and fully integrated. This Security Instrument may not be amended or modified by oral agieement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that coilflicts with applicable law will not be effective, unless thiit law expressly or impliedly permits the variations by written agreeD1el1t, If any section of this Security Instrument, c,annot be enfo~ acco'ili.n8 to. i~ terms, that section will be seveled !'fid will not affect the enforceabihty of the remaiwIer of. this Security Instrument, Whenever used, the s~ shall include the plural and the plural the singWar, The captions and headings of the sectioDS of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument, Time is of the essence m this Security Ins~!1 26,NOTICE. Unless otherwise required by laWiany noti~1'l be given by delivering it or by mAm"g it by first class mail to the aP.!'!"PriateJ"'l'o/'s address on pa$.~lof this SecUrity Instrument, or to any other address designated in wnting, Notice to one mortgagor Wffi"!~ deemed to be notice to all mortgagors, 27 . WAIVERS. Except to the extent proJu"bited by law, Mofi~~or waives any right to appraisement relating to the Property, , . '. .', 28. WAIVER OF JURY TRIAL. To the extent not probibi~bY law, Mortgagor and Lender knowingly and intentionally waive the right, which the party maY!have, to a trial by jury with respect to any litigation arising from the Secured Debt, 'or any other. agreement executed in cooJun~on ~th the Evidence of Debt and this Mortgage. Mortgagor and Lender each acknowledge tluit this section bas either been brouaht to the attention of each party's' legal counsel or tIuit each party had the opportunity to do so. . 29. U.C,C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security Instrument: ". o Construction Loan. This Security Instrument secureS an obligation incurred for the construction of an improvement on the Property, o FIxture Filing. Mortgagor grants to. Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. . o Crops; TImber; Minerals; Rents, IsSues, and Profits. Mortgagor grants to Lender a security interest in all crops, timber, and minerals located on the Property as well as all rents, issues, and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental programs (all of which shall also be included in the term "Property"), . o Personal Property. Mortgagor grants to Lender a security interest in all personal property located on or connected with the Property, including all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property (P-r/8 8 of 10) -9-LB- ~ c; 1994 h"lt.~ sv""m..I2:~~J:ud, MN Form AG/CO-JJTG.PA 7119/2000 BI( I 735Pf,?cn" 1i Mortgagor owns pow or in the fu, lUre, and, ,that are used or useful in the construction, ownership, operation, management, or maintenance of the Property (all of which shall also be included in ilie term "Property'), The term 'personal propertY' specifical1y excludes that property described as "household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practice~. o Filing As Flnancing Statement. Mortgagor agrees and acknowledges that this Security Instrument also suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for pwposes of Article 9 of the Uniform Commercial Code. 30. OTHER TERMS. If checked,the following are applicable to this Security Instrument: I19C Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a urobalance, this Security Instrument will remain in effect until released, o Agricultural Property. Mortgagor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Mortgagor is an individnal or entity allowed to own agricultural land as specified by law. o Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the J.aws of the Commonwealth of Pennsylvania, o Additional Terms. ": " \ ',' SIGNATURES: By signing below, Mongallot; 'i!1tl>hdinglo be legally bound hereby, agrees to the terms and ~ovenants contaim.'4in l4iI!. Se,EJJrilY" !nl;~nt ~ in any attachments, Mortgagor also acknowledges rece1pt of a copy of this Secunty, Insti'Unlent on.t4el1Ate;~lB,t,ed on page I. ,,"', ;' ",.-. ,0; Entity Name: ..........,......................,........,..... ~~~~,q~l.f~~ti (W~;;..c./)......................... Entity Name: ............................................,'" , .. J, F&~i~qI.RM~&li ... ..~..G,k.................... (Wttlless) isig~~)"""""""""'"'''''''''''''''''''''' (ij~j (sii~a;;';j"""""""""""""""""""""" '(i)~i;i ................................................... .;j'..~~~';',t;:~................................................. (Witness) Exf5iii'e; is, 994 Silnpra Sptlul'lII, Inc., St. Cloud. MN Form A13/CO-MTG-I"A .111 ~!2.?OQ "I,; ,," (page 9 of 1 0) BKI735PG2609 PORM 91 ~ il ACKNOWLEDGMENT: 'P:.1 .'..' I. l I cOMMONWEALm OF .....~I'.','r1".~!y.el:'-"J..A...... COUNTY OFl;,w.\lt1..,t,~. .~i..... } ss, ~) On this. the .....~......... day of .O'.J.:ib~~~f.~' be. fore me ..~'I,p,...r..];;:M.f, the undersignl\!! officer, Pfrsonallyappeared ...n!e, :fd..,,'1,J!r..Zt:..'/.fA.....~../.......... ,.Bl~"&;,, E.,.,7.-::;}~.".,.,' ,;" ....".,..,..'. ,kn6WlI'to me.(or s.atisfactoriIY proven) to be the person((;) whose (s) is subscribed to the within instrument, and acknowledged that he/she . '. led the same for the purposes therein cotitained, "1':'~1~~S.~ \,~ll'/;:"'..~;;.-".<I';Nli' ~ fl ...M..........'...'".',..',~."...., ".,..I.'",..,..,.:.'.!;"'.'.,' '''':'.'.;..' ~ . . .... . '... .. l..,. .......c......... ;:i;~'iI'~n..-~',"" b ."..1~iW~-l(;~;/.'t.... . ',~- - Notarial Seal -; _ _ - _ - -- (i:;I:i,'l'~"~;' 6");1~~~;:';':)i/';~~:~!t~":,,,~' - Hamilton C, Davis, Notary .PubUc "~<:1~,'rd-:~ : O~i/~"n ':~i;ii~1f~VII~;",;.';,: -Shippensburg Boro,Cumberfand -', \ "':1":': .,,-,:$.:'Ij -- \.,~.~ 0"""',--" M Co isSl Expl Sept 27 .'.". ':":. .o,~\!~';:ii,:,"l~$~'.";"'.f . . y mm. on . res .. .. ..NQJ.M,~...P''1.b..L..L................. :,.;_.'.',<......?;,~{~l.~, I', ,': :''!'''>:.}~\ . Amber, Pennsylvania AssocIa:tionot Notaries ! TItle of OffICeI' '::,;i~l;~~~.~~- i l D >:..," ., ,'~/ . COMMONWEALTH OF ...................,..,......., COUN'rYOF ...........................,...} ss, On this. the ................. day of ...............'...........,.. before me ................................,. the undersigned officer. personally appeared ....................;,.......................................... ....................................................,.........., who acknowledged himse1flherself to be the ..,."",.",.,..,..""",.,.' of ,.,.".,.".",.,.."..,..,.,..,."".",..,.,.,.,.""..,..",.,.'.".,.'"".",., ......................,... and that he/she as such .......................'...................................,..,, being authorized to do so. exeCuted the foregoing instrument for the pUIposes therein contained by signing the name of the ................................... by.......................................,.., as fu:;i~;~.~h~f:'i.h~.;~~'1~~t.itJ'b~lli.!0',be'.FeG0rG~d." '.., ,.",., ".,., ,. . My commission expires: In Cumber1ancfCounty P A . (Seal) ~~ ~'f...... .~....,... ................'................................ , . . . . . .". ..Recorae!'otl~..........,.........., "/,, It is hereby~~~~, ~,~H~rIfR~1A wit1ff3~ is: ..................................,.............., ..................,......................................................>iJ;1i:c.::~::::::~:::::::;::::::::,: !~~ (U{t. J11~ry~~(l.J ~ ~, 994 Bank.,.. SyPlIn.. I"e.. St. ClolMl. MN Form AG/CO.MTG..f'A 1/19/2000 (pege TO of TO) BK I 735 PG 261 a Legal DescriptiJ_.. for 125 Fish Hatchery Road ELII the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in the center line -of Township Route 310, at corner of lands now or formerly of R. Strohm; thence by said center line North 31 degrees, 11 minutes, 48 seconds West, 43,03 feet to a railroad spike at corner of lands now or formerly of Donald G. Means; thence by said lands now or formerly of Means, the following courses and distances: (a) North 59 degrees, 34 minutes, 56 seconds, East, 190 feet (erroneously stated to be 165 feet in previous deed) to an iron pin; (b) North 74 degrees, 50 minutes, 19 seconds, East, 103.89 feet to an iron pin; (c) South 62 degrees, 17 minutes, 32 seconds East, 89.90 feet to an existing iron pin at corner of lands now or formerly of C. Campbell; thence by said lands now or formerly of Campbell, the following courses and distances: (a) South 68 degrees, 3 minutes, 22 seconds, East 85.60 feet, to an iron pin; (b) North 52 degrees, 26 minutes, 48 seconds East, 120,69 feet, to an iron pin at line of lands now or formerly of Harold W. Kauffman; thence by said lands now or formerly of Kauffman, the lands now or formerly of No1t, and crossing Township Route 305, Sou.tl1 32 deg..r.e,es, 2;;!minu.tes, 19 seconds West, 282.75 feet, to a point in the Middle Spring Creek; thence with said Middle Spring Creek, South 74 degrees, 41 minutes, 2 seconds West, 238.66 feet, to a point in the Middle Spring Creek at line of lands now or formerly of R. Strohm; thence by said lands now or formerly of Strohm and crossing Township Route 305, North 5 degrees, 31 minutes, 10 seconds, East 257.53 feet, to an iron pin; thence by same South 59 degrees, 36 minutes, 56 seconds West, 124 feet, to an iron pin; thence con- tinuing by same, South 15 degrees, 57 minutes, 35 seconds Nest, 40;63 feet.to a railroad spike in the center line of TownShip Route 310, the place of BEGINNING, ~~~ Lot No. 24 on a Subdivision Plan for Donald 'li!....and Mary H. Means, by John R.' Kissinger, R.S., dated January 28, 1985 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book '-I ~ ,Page 10 CONTAINING 1.554 acres pursuant to the aforesaid Subdivision Plan, excepting and reserving, however, 0.371 acre thereof, for right-of-way of Township Route 305 and 310. BEING the same real estate which Gerald M. Madden and Susan 1. Madden~.his...wif.e I by .their deed dated March 27, 1986, and recorded at Cumberland County Deed Book U, Volume 31, Page 893, conveyed to 9f( I'~ Ft"2rf1en, Grantor herein. Date: February 18, 2004 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose, Specific information about the nature Qf the default is provided in the attached Dli{!eS, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to helD to save vour home. This Notice exolains how the prOl!l'am works. To see ifHEMAP can help. you must MEET WTIH A CONSUMER CREDIT COUNSELING AGENCY WITInN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with the Counselinp Al!eIlcv. The name, address and ohone number of Consumer Credit Counselinl! Agencies serving vour County are listed at the end of this Notice. IfvQU have anv questions. vou mav call the Pennsvlvania Rousin.o: Finance Agencv toll free at 1-800-342-2397. (Persons with imDaired hearing can call (717) 780-1869), . This Notice contains important legal information. Uyou 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 LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Jeffrev R. Zeil!ler PROPTERY ADDRESS: 35 Fish Hatcherv Road. Shiupcusburg. PA 17257 LOAN ACCOUNT NO.: 600121704 ORIGINAL LENDER: Fanners National Bank of Newvllle CURRENT LENDERlSERVICER: Adams County National Bank HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOW HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOW DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOW CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOW MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. .EXHIBIT B TEMPORARY STAY OF FORECLOSURE - Under lhe Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from lhe date of this Notice. During that time you must arrange and attend a ''fiIce-to-face'' meeting wilh one of the consumer credit counseling agencies listed at lhe end of this Notice. THIS MEETING MUST OCCUR WITBIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TQ DATE. TIm PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet wilh one oflhe consumer credit counseling agencies listed at the end of this notice, lhe lender may NOT take action against you for thirty (30) days after the date of this meeting. The nAmes, addresses and teleohone numbers of designated consumer credit counseling agencies for the county in which the proPerty is located are set forth at the end of this Notice. It is only necessllty to schedule one face-to-face meeting, Advise your lender immediatelv of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for lhe reasons set forth later in this Notice (see following pages for specific information about the nature of your default) If you have 1ried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from lhe Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application wilh one of lhe designated consumer credit counseling agencies listed at lhe 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 lhe Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIDS LETTER, FORECWSURE MAY PROCEED AGAINST YOUR ROME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE wn.L BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited, They will be disbursed by lhe Agency under the eligibility criteria established by lhe Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met lhe time requirements set forth above, You will be notified directly by lhe Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN 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 med bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine: it UP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by lhe above lender on your property located at: 35 Fish Hatchery Road, Shipoensburl!, South Hampton Township. Cumberland County. P A AND IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthlv paYments of Interest due for December 2003, January and February 2004. plus past due charges of$40.00 Olher charges (expJain/itemize): TOTAL AMOUNT PAST DUE: $591.67 B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTIONIDo not use if nO!.lU>Olicable): 1l0W TO CURE THE DEFAULT - You may cure the default within THIRlY (30) DAYS of the date of this notice BY fAYI)VG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WIDCH IS $ 591.67. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH BECOME DUE DURING TIIE THIRlY (30) DAY PERIOD. Pavments must be made either bv cash. cashier's check. certified check or monev order made pavable and sent to: ADAMS COUNTY NATIONAL BANK P.O. Box 3129 Gettvsbur2, P A 17325 You can cure any other default by taking the following action within THIRlY (30) DAYS of the date oflhis letter: (Do not use ifnot llPlllicable. ) IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRlY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!:hts to accelerate the mor12alle debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRlY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mortJzaJ!ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will 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 reasonable costs. If vou cure the default within the THRTY (30) DAY period. vou will not be reQuired to pav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THRI1Y (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to Qne hour before the Sheriff's Sale. You may do so bv pavin2 the total amount then past due, plus any late or other char2es then due, reasonable attorneY's fees and costs connected with the foreclosure sale and anY other costs connected with the Sheriff's Sale as specified in writin2 bv the lender and bv perfonnin2 any other reauirements under the mortl!R2e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSffiLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender, HOW TO CONTACT THE LENDER: Phone Number: Fax Number: Contact Person: Adams County National Bank PO Box 3129 Gettvsbur2. P A 17325 (717) 776-9448 (717) 776-4855 James E. Showvaker Name of Lender: Address: EFFECT 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 Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YUU MAY ALSU HAY.!!: TJili1UGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIIER LENDING INSTITUTION TO PAY OFF THIS DEBT, . TO HA VB THIS DEFAULT CURED BY ANY TIlIRD PARTY ACTING ON YOUR BEHALF . TO HA VB THE MORTGAGE RESTORED TO THE SAME PosmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THANTIIREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXIS1ENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY THE LENDER, . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PENNSYLV ANlA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western P A 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 (717) 541-4670 Financial Counseling Services ofFrank1in 31 West 3M Street Waynesboro, P A 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg,PA 17325 717) 334-1518 FAX (717)334-8326 YORK COUNTY American Red Cross - Hanover Chapter 529 Carlisle Street Hanover,PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western P A 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 Consumer Credit Counseling Service of Western P A 970 South George Street York, PA 17403 (717) 846-4176 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western P A Financial Counseling Services of Franklin 2000 LinglestownRoad 31 West 3M Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle,PA 17013 (717) 243-3818 FAX (717) 243-3948 .Copies also mailed first class mail Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 232-4985 Date: February 18. 2004 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort{!lll!e on your home is in default. and the lender intends to foreclose. Soecific information about the nature of the default is provided in the attached pa2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM!HEMAP) mav be able to help to save vour home. This Notice exp1ains how the program worl<s. To see ifHEMAP can help. vou must MEET WITIi A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TIIE DATE OF nus NOTICE. Take this Notice with vou when you meet with the CQuuse!in.g Aeencv. The l1llllle. address and ohone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. Ifvou have anv questions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397, (PeJllons with imPaired hearing can call 1717) 780-1869). This Notice contains important legal information. U 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 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Dorothv E, Zeuller PROPTERY ADDRESS: 35 Fish Hatcherv Road. Shippensburl1:. P A 17257 LOAN ACCOUNT NO.: 600121704 ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDERlSERVICER: Adams County National Bank HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR DOME FRQM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGmu.ITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. ~ EXHIBIT C TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclo~ure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a ''face-to-face'' meeting with one of the consumer credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT', EXPLAlNS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counselinl! a!!encies for the county in which the property is located are set forth at lb.e end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth 1ater in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's. Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL 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 Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you 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 IN 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 med bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinl! it UP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 35 Fish Hatchery Road. Shippensburl!. South Hamoton Township. Cumberland County. P A AND IS SERlOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthlv payments of Interest due for December 2003. Januarv and Februarv 2004. plus past due charl!es of $40.00 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $591.67 B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTIONIDo not use if not applicable): HOW TO CURE THE DEFAULT- You may cure the default within TIllR1Y (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WIDCH IS $ 591.67. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIDCH BECOME DUE DURING TIIE TIllR1Y (30) DAY PERIOD, Pavments must be made either by cash. cashier's check. certified check or monev order made pavable and sent to: ADAMS CQUNTYNATIONALBANK P,Q. Box 3129 Gettvsburg. P A 17325 You can cure any other default by taking the following action within TIllR1Y (30) DAYS of the date of this letter: (Do not use ifnot llOplicable, ) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within TIllR1Y (30) DAYS of the date of this Notice, the lender intends to exercise its riJ!hts to accelerate the morte:ae:e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly insta1hnents, If full payment of the total amount past due is not made within TIllR1Y (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mort2ae:ed propertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the de1inquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00, However, iflegal proceedings are started against you, you will 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 reasonable costs. If vou cure the default within the THRTY (30) DAY period. vou will not be required to pav attornev's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THRITY (30) DAY period and foreclosure proceedings have begun, vou still have the ri2ht to cure the default and prevent the sale at anv time UP to one hour before the Sheriff's Sale. You mav do so bv paving the totallll!lOunt then past due. plus anv late or other charges then due. reasonable attomev's fees and costs connected with the foreclosure sale and anvoilier costs connected with the Sheriff's Sale as specified in writing bv the lender and bv Perfonning anV other reauirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSmLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approxintately 3 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Phone Number: Fax N\1IIlber: Contact Person: Adams Countv National Bank PO Box 3129 Gettvsbur2. PA 17325 (717) 776-9448 (717) 776-4855 James E. Showvaker Name of Lender: Address: EFFECT 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 Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YUU MAY ALSO HAV!!; THE KIGHT: . TO SElL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIllS DEBT, . TO HAVE TIllS DEFAULT CURED BY ANY TInRD PARTY ACTING ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN TIIREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECWSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western P A 2000 Linglestown Road Harrisburg, PA 17102 (71 7) 541-1757 (71 7) 54 I -4670 Financial Counseling Services of Franklin 31 West 3nl Street Waynesboro, PA 17268 (71 7) 762.3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 717) 334-1518 FAX (71 7) 334-8326 YORK COUNTY American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, P A 1733 I (717) 637-3768 FAX (71 7) 637-3294 . Consumer Credit Counseling Service of Western P A 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Housing Council ofY ork 116 North George Street York, PA 17401 (717) 854-1541 FAX (71 7) 845-7934 Consumer Credit Counseling Service of Western P A 970 South George Street York, PA 17403 (717) 846-4176 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3'" Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle 30 I G Street Carlisle, PA 17013 (717) 243-3818 FAX (71 7) 243-3948 'Copies also mailed first class mail Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PAl 7 10 I (717) 234-5925 FAX (71 7) 232-4985 =r nJ m IT' Fish Hatcherv ROad. ShiDpensburi' Postage $ .37 ... ..lI '" =r Certified Fee /. , ' ... C Aeturn Receipt Fee CJ (Endorsement ReqUIred) C 2.30 I. 75 \ , Posti't'laril \ He~ \ I Restricted Delivery Fee (Endorsement Required) " I / S Saylor c c =r m Total Postage & Fees $ 4.42 -- --~.- Name (please pnnt Clearly) (to be completed by mailer) r __J.~^f.Jx_~y"__K!___Z_?_j,g.lgx_u_u"__"._.__.__.___.____...._____..__ [J"'" Street, Apt. No.; or PO Box No. :2 hJ~.uEi$.h,h!!!l.t,\:heQc"RQ,HL,., ,','uu'mmu' Cffy, State, ZIP+4 .'i . Complete Items 1. 2. and 3, Also complete Ilem 4 ff Restricted Delivery is desired. . Print your name and address on the reverse 80 that we can return the card to you. . Attach this card to the back of the mail piece, 0( on the front if space permits. 1. Article Addressed to: Jeffrey R. Zeigler 35 Fish Hatchery Road Shippensburg, PA 17257 c. x 1 \ 3. Service Type :':7l!=Certified Mail 0 Express Mail o Registered XlReturn Receipt for ~.. o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra. Fee) 0 Yes 2. Article Number (Copy from service label) 7099 3400 0001 4861 9324 PS Form 3811. July 1999 Dome6tic Return Recelpt 102595..(lO..M-0952 : EXHIBIT }) ~:~ J ~I" 01 , ,,,r.~f~l~~, ;>'OV";<'<I or rr :L: -1J <CI or p SNll To Shio~r~. PA /.-- f'/\1" :-:"" (<~9>~~r-- , . , \ 'P<qtmark ~dr~-. Fish Hatchery Road, i po"",). .37 Certified Fee M 2.30 CJ R rn Receipt Fef! C (Endors ment ReqUIred) I . 75 CJ Aestricted Delivery Fee (Endorsement Required) " ' --.--- \ Totsl Postage & Fees $ 4.47 -~--_.... . Complete Items 1, 2, and 3. Also complete ijem 4 If Restricted OellvOl)' Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front if space permIts. 1. Article Addressed to: ~" Dorothy E. Zeigler 35 Fish Hatchery Road Shippensburg, PA 17257 I [ 3. SelViee Type XXCerlffred Mall 0 Exp.... Mall o Registered IJ Return Receipt for Meldwdle o Insured Mall 0 C.O.D. 4. Restricted DellvefY7 (Extra Fee) D Y1Io 2. Article Number (Copy from service label) 7099 3400 0001 4861 9294 f 1025".......... PS Fonn 3811, July 1999 Domestic Return _, EXHIBIT E "" \ \ ~ , I \~ " wP~ \l7i~ .~ _ V'l . ~ ~ a : 's ~ ~ -u ~.:t:_ ~ {' rs:- '::.~'. - C> (- pi~ r CY ~ ~ -J:- ~ , SHERIFF'S RETURN - REGULAR CASE NO: 2004-01507 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADAMS COUNTY NATIONAL BANK VS ZEIGLER JEFFREY R ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZEIGLER JEFFREY R the DEFENDANT , at 1941:00 HOURS, on the 29th day of April , 2004 at 35 FISH HATCHERY ROAD SHIPPENSBURG, PA 17257 by handing to JEFFREY R, ZEIGLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13,80 ,00 10.00 .00 41.80 So Answers: :r~~~ R, Thomas Kline 04/30/2004 ADAMS COUNTY NATIONAL BANK Sworn and Subscribed to before By: me this /Jct" day of ~ ..400 <,I A.D. r~.' P~~~-'''' - J}.p...~i ~~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01507 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADAMS COUNTY NATIONAL BANK VS ZEIGLER JEFFREY R ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZEIGLER DOROTHY E the DEFENDANT , at 1941:00 HOURS, on the 29th day of April , 2004 at 35 FISH HATCHERY ROAD SHIPPENSBURG, PA 17257 by handing to JEFFREY R, ZEIGLER, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 ,00 .00 10,00 .00 16.00 So Answers: .r~~ R. Thomas Kline Sworn and Subscribed to before 04/30/2004 ADAMS COUNTY NATIONAL BANK By: ~/~ L~;?: /4/ Deputy Sheriff me this /-r c+:. day of :T OJ... 'it' A. D . I ' 1 . ~ - ,A..~ . v' .e./. - .. ./) Prot onotary J II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW Adams County National Bank, Plaintiff No. 2004-01507 Civil Term vs. Action of Mortgage Foreclosure Jeffrey R. Zeigler and Dorothy E. Zeigler, Defendants PRAECIPE TO DISCONTINUE AND MARK JUDGMENT AS SATISFIED TO THE PROTHONOTARY: Please mark the above-captioned Action in Mortgage Foreclosure as discontinued and mark the judgment as satisfied. PURL, EASTMAN & THRASHER Dated: August 19,2005 BY:'~ Edward G. Publ, Esquire Attorney ill Number 55709 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 1 (') c:; ';t, "'" C.f' ",. c:: G") r--' (J.) f./' ,-' , ::<~ 1....- 7C:~ -;/ .-"\ -'- <;? .-\ :r;-r\ \1"\ r:: -0 o:-~. C'c\'( C-\C) ".:._ -f l _\_-n C;.c) -:::~-l " .') ':--\ ''0 ',"", -0 '::."' t:? ~ ;r;:' -