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HomeMy WebLinkAbout04-1511 ORRSTOWN BANK 77 EAST KING STREET SHlPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2004- IS/' CIVIL TERM v, CIVIL ACTION-LAW NAN 1. HAWKS 3 SCRAFFORD STREET SHlPPENSBURG, P A 17257, Defendant 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 an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2004- IS/I CIVIL TERM v, CIVIL ACTION-LAW NAN 1. HAWKS 3 SCRAFFORD STREET SHIPPENSBURG, PA 17257, Defendant MORTGAGE FORECLOSURE COMPLAINT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: I. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2, The Defendant is Nan 1. Hawks, an adult individual residing at 3 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania. 3. By Deed acknowledged on November 2, 1992, Oliver Guy Mellott and Marie 1. Mellott, husband and wife, conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Nan L, Hawks. This Deed was recorded in Cumberland County Deed Book "Z", Volume 35, Page 61, et seq" all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 3 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania. 4. On or about June 5, 1998, Nan 1. Hawks, as Mortgagor, made, executed and delivered a written Note secured by a Mortgage llJade, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A". This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds on June 15, 1998, at Cumberland County Record Book 1460, Page 787, et seq" all of which pages are incorporated herein by reference and made a part hereof. 5. A true and correct copy of the aforesaid Note is attached hereto and made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". 6, Defendant has defaulted under the terms and conditions of the Mortgage and Note by failing to make payments due January 1 0, 2004, February 10, 2004 and March 10, 2004. 7. Defendant is the present record owner of the premises described in Exhibit "A" and the real owner of the premises. 8, Plaintiff served Notice of Plaintiff's Intention to Foreclose and Act 91 Notice to the Defendant via registered and certificate of mailing on or about February 14,2004. 9. Attached hereto and marked Exhibit "D" is a true and correct copy of the combined Notice of Plaintiff's Intention to Foreclose and Act 91 Notice mailed to Defendant. 10, Attached hereto and marked Exhibit "E", is a true and correct copy ofthe certified mail receipt and certificate of mailing. 11. Under the terms of the Mortgage and Note, if any monthly payment of principal and interest is not made when due or any other obligations of the Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Note obligation shall become due and payable immediately at the declaration of the Mortgagee. 12, Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 13. The following amounts are presently due on the said Mortgage and Note calculated to March 16,2004: Principal $23,006.65 Interest to 3/16/04 (per diem of $4.76) $ 487.49 Late Charge $ 452.36 Reasonable attorneys fees $ L150.33 fixed by Plaintiff for purposes of this Complaint (5% of principal debt) TOTAL: $25,096.83 WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of $25,096,83, plus interest thereafter at the contract per diem rate from March 16,2004, and costs and expenses against the Defendant, Mortgagor and real owner and seeks foreclosure and Sheriffs Sale of the mortgaged property in Exhibit "A". Respectfully submitted, /-'" O~RIEN, BARIC ?1C~?( V.4~wJ/:f"{ d David A. Baric, Esquire J.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbank/hawks/complaint.pld MAR-23-2004 TUE 03:09 PM LOAN/FINANCE ...~. ...../ "'-IIlIO" .L::J; 11:I.1. 11/:2495755 FAX NO. 7175324099 OBS P. 07/07 PAGE 97 V1l'.1UJ'ICA. nON The statementl in the .foregoing Complaint are based upon iDfonnatlOll whieh lias been assembled by my atlomey in this litigation. The lmsvage of the ltatements is DOt my OWII. I have md the statementlJ; and to the extent that \bey are based upou illformation whieh I have given to lilY counsel. they are flUe lIIld eom:et to the best of my kuowledge. iufonnation IIlld belief. 1 UJldcrstand that false statements herein are made subje<< to the penalties of 18 PLC.S. fi 4904 relating to UIl8WOID fllisifiClltioIlS to aarhorities. DATE: J -=?s-, '-'" '/ ~{.J~ B~ 1. Smith, CoUeetOr Omtown BlIIIlc '"--, 111111111111111 :5 aD ~ ~ ~ M :::'!:(.j)"" I....Z .... OW {I = :J:~ ~ : ~~ 111" >,"- ':' ZZ t ~! ; ';'" ::-:;; o~ ~~~ uo ""~~ 6 Zit! 0 :. ... "'~. ..... uJ~:: '" t!.1.u:z: ..... w"'''' EO N~S "- n..:o::C1 1-..... ~ Ln u::O-J " luO:a:: "'" .~ 0 w =, ",om :z:. n:~::( N '" " '" rOAE.t':t,lof'ill:". 'UT".""'UU,, P.....O., .-.'..NUU"..,.,,,n' 't K I . DEE D HADE this '2......~ day of I\JO\Jt'W\~l'''''in the year nineteen hundred and ninety-two (1992). BETWEEN oliver Guy Mellott and Marie L. Mellott, husband and wire, ot 2725 Heidlesburq Road, Gettysburq, pennsylvania 17325, Grantors, AND Nan L. Hawks, widow and single person, of 3 Scrattord street, Shippensburq, Pennsylvania, Grantee. WITNESSETH that in consideration ot the sum of THIRTY THOUSAND FOUR HUNORED DOLLARS ($30,400.60), in hand paid, the receipt whereof 1s hereby acknowledged, the said Grantors do grant and convey in tee simple to said Grantee, her heirs and assiqns, ALL that certain tract ot land with the dwelling house and other improvements thereon erected, situate in the Township of southampton, County ot, Cumberland and Commonwealth of Pennsylvania, more particularlY bounded and described as follows: JJEGINNING at a spike on the northern line of Scrafford street which spike is 215 feet East of. the intersection of said Scrafford street with mainsville Road and whiCh spike is on the dividing line ot Lots Nos. 1 and 2 on the hereinafter mentioned plan ot lots; thence along the Eastern line ot Lot No.1, North 22 deqrees, 30 minutes West, 118.43 feet to . stake; thence North 67 degrees, 30 minutes East, 119.43 feet to a stake; thence North 67 dBgrees, 30 minutes East, 125 teet along the line of land now or formerly or" H. W. Geesaman heirs to a stake; thence South 22 degrees, 30 minutes East, 118.43 feet to a point, a mark on a wall on the North side of Scrattord Street aforesaid; thence South 67 degrees, 30 minutes west, 125. feet alon9 the Northern line of Scrafford Street to a spike, the place of BEGINNING. BEING Lot No.2 and the western 35 feet to Lot.No. 3 on the plan of lots of Ralph A. Scrafford, which plan is recorded in the office for the recording of deeds for Cumberland County, Pennsylvania, in Plan book No.5, Page 18. AND RAVING thereon erected a one story frame dwellinq house known and numbered as No. 3 Scrafford street. BEING TIE SAME REAL ESTATE WHICH Oliver Guy Mellott and Marie L. Mellott. ~is wife, by deed dated June 2, 1983 and recorded in the office of the Recorder' of Deeds in and for Cumberland County, II \ ~ooiE5 r.\tE . 61 EXfllBIT N!iN Pennsylvania, in Deed Book "''', Volume JO, Page 525, granted and conveyed to Oliver Guy Mellott and Marie L. Mellott, Grantors herein. ANn the said Grantors will warrant generally the property hereby conveyed. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. WITNESS: ~~ Ale ~~ 3' U i4 In 'k. 1Ir'4~ c!).~ J;...~) oliver 4uy Mellott 7l1~ ,q '"/}JdlM'LJsEM.) Ma(,;ie L~llt~--. ACJtHOWLEDGEMENT COKKONWEALTK OJ' PENNSYLVANIA COUH'l'Y OJ' l:t,X18E~LA.'\".j) On this ~I"l) day of rvulI~l+'\~eY, 1992, before rae, a Notary pUblic, the undersigned Officer. personally appeared Oliver Guy Mellott and Marie L. Mellott, his wife, known to tile (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged the toregoing to be their act and deed and desired the same to be recorded as such. sa WITNESS aforesaid. my hand and official seal, the day and year 3J;f,(.6~~ Nt 'p."",'-' '. u ' o ary ...'I:.......:J.G;I~;...~\. .J;: .-, - ~ . . I -~ ,,~~.f r'~Yd, ScoIp:areettulu.,.,y ~" /<.: ~~!, >-\" ,.,'.....~~oI'.... Toomshlpal S o""t~.. ~ ,-h'l Cumbo Co.. P.. ~R.'IE.tlteTtlnaf.T" D '1-,-1>' ,/SJ." .t.~"",,"- RotIer1P.ZI-uI.. Cumbo Co. 0111. Col. AQL 5'1; f','''' J.r, SchOOl 61s1 cumbo Co.. pa. ~",R"IEltlUlTr.nsI'.T" ll! '11_>.'L_f~ Date. RobIl1P.tlalllet Cum>>. Co Dill. GoI. Agl. looi E5 "CE . 62 \ , I certify that the precise residence and Post Otfice address of the Grantee{s) is: 3 Scratford street Shippensburg, PA 17257 ~ ~1(C1t.!it or GA..,.-Li, i-t- COUNTY OF CUMBERLAND COKKONWEALTB OF PENNSYLVANIA 88 RECORDBD in the ~~ said county, Office of the Recordlnq of C..!.e~ etc.. In in Deed Book z... , Volume ~ . Page WITNESS my hand and Official Seal this ~ day of neu--, 1992. ..... J'~,~~l"l rj,."I~'t\~J(.~~ii~ I ;.",ib.,~l';'~~$" H~:f~$~1> '. ~..t:::J:., _'.Ti.$'O' ,~>.. . . 'ir'I.~!t\ hZ' I Ci::g ~.~)~~ .~1I. ~~y;. ~rO~~\~~~)J- ,I.. ''i!!':-..".,.;!!;" c' . .,..~'.:'!"l';;:,~;!-' '",:..."'..iQ~~'- ......,..- \.. C:\Wl'SllanAUlSTA\MDU.OTT.D.llD ~o~~ IOOi1.35 PICE' 63 PROMISSORY NOTE \'" .-." ila,'lfS;::"il:,r~llimlll&l~f~~11!:'limiwg:18!I!i P~1I1j:illi'i~:~II.!~'I:II:,i;:II' ;Ijlgggnpt :,i!iilltl'i.I'~:ililiilllln,! References in the shaded area are for Lender's use only and do not limit the applicabifity of this document to any particular loan or item. '" Borrower: NAN L. HAWKS (SSN: 241-42-4487) 3 SCRAFFORD ST. SHIPPENSBURG, PA lnS7 Lender: ORRSTOWN BANK King Slreel Office P.O, Box 250 Tl East King Slreet Shlppensburg, PA lnS7 11 (C(Q)~1f Principal Amount: $30,400.00 Interest Rate: 7.750% Date of Note: June 5, 1998 PROMISE TO PAY. I promise 10 pay 10 ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Thirty Thousand Four Hundred & 00/100 Donars ($30,400.00), logelher with Interest at the rale of 7.750% per annum on Ihe unpaid principal balance from June 10, 1998, until paid In full. PAYMENT, I will pay this loan In 180 payments of $286.15 each payment. My flrsl payment Is due July 10, 1998, and an subsequent payments are due on the same day of each month aller that. My final payment will be due on June 10, 2013, and will be lor an principal and an accrued interest not yet paid. Payments include principal and interest. Interest on this Note is computed on a 30/360 simple interest basis: that is, with the exception of odd days in Ihe firsl paymenl period, monthly inierest is calculaled by applying the ralio of Ihe annual interest rale over a year of 360 days. multiplied by the outstanding principal balance, multiplied by a month of 30 days, Interest for the odd days is calculated on the basis of the aclual days to the next full month and a 360-day year. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. PREPAYMENT. I may pay an or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result In me -making fewer payments. LATE CHARGE. If a paymenl is 16 days or more late,l will be charged 5.000% of the regularly scheduled payment. DEFAULT. I will be in default if any of Ihe following happens: (a) I fail to make any paymenl when due, (b) I break any promise I have made to Lender, or I fail to comply with or to perform when due any other term, obligation, covenant, or condition contaJned in this Note or any agreement related to this Note, or in any other agreement or loan I have with Lender. (c) Any representation or statement made or furnished to Lender by me or on my behalf is false or misleading in any material respect either now or at the lime made or furnished. (d) I die or become insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. (e) Any creditor tries to take any of my property on or in which Lender has a lien or security interest. This includes a garnishment of any of my accounts with Lender. (f) Any of the events described in this default section occurs with respect to any guarantor of Ihis Note. If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if I, after receiving written notice from Lender demanding cure of suCh default: (a) cure the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessal)' steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount. Lender may hire or pay someone else to help collect this Note if I do not pay. I also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, 1 also will pay any court costs. in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for in this Note. ThiS Note has been delivered to Lender and accepted by Lender In lhe Commonwe8lth or Pennsylvania. If there Is a lawsuil, I agree upon Lender's request to submit to Ihe Jurisdiction of the courts of Cumberl8nd County, the Commonwe8lth of Pennsylv8nia. This Nole shall be governed by and construed In 8Ccordanee with the laws of the Commonwealth of Pennsylvanl8. RIGHT OF SETOFF. J grant to Lender a contractual security interest in, and hereby assign, convey, deliver, pledge, and transfer to Lender all my right, title and interest in and to, my accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts I may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. COlLATERAL. This Nole is secured by a Mortgage daled June 5, 1998, to Lender on real properly located in CUMBERLAND County, Commonwealth Of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly slated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from Ilability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail 10 realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice 10 anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, I AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED, BORROWER: [)(fllBIl "B" 06-05-1998 [.lan 10 PROMISSORY NOTE (Continued) Page 2 lC:' 0 p_~.11 ~ ,t ~j)rfM.v....~_ _ _ (SEAL) NAN L. HAWKS Fixed Rate. Installment. LASER PRO, Reg. U.s. Pat. & T.M. Off., Ver. 3.25 {el 19911 OFI ProServiccs, Inc. All rights reservcd.IPA-020 10<<.LN R2.0Vl] 11~3g l AECDRQATlDN AEQUESTED BY: ORRSTOWN BANK P.O. Box 250 n East King 51,... Shlppensburg, P'" 17257 ;\.,,!;\.I ::'..L!:;': :i ~J[l.OS l:OUllp.i'." WHEN RECOADED MAIL TO: ORRSTOWN BANK P.O. 80ll 250 n ful King 51teel ShlppensburQ, PA 17257 '98 JUl. J:-. Rl'lll 55 (C(Q)~v SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED JUNE 5, 1998, between NAN L. HAWKS, whose address Is 3 SCAAFFORD ST., SHIPPENSBUAG, PA 17257 (referred to below as "Grantor"): and OAASTOWN BANK, whose address is P,O. Box 250. 77 East King Street, Shlppensburg, PA 17257 (referred to below 88 "Lender"). GAANT OF MORTGAGE. For valuable conslderallon, Grantor gran Is, bargatns, sells, conveys, asslgns, translers, releases, confirms and morlgages 10 Lender alt 01 Granlo"s righi, tille, and interest In and 10 the following described real properly, together with all exisllng or subsequently erecled or aflixed buildings. ImprovamenlS and fixtures; all Slreels, lanes, alleys, passaoes, and ways; all easemenls, nghts 01 way, all bber\les, privileges, lenements, hereditaments, and &ppurlenaoces thereunlo belonging or anywise made appurtenanl heresller, and Ihe reversions and f(lfllainders wllh respectlherelo; all waler, waler rights, walercourses and dilch righls (including slock in umilieS with dilch or irrigahon rlghls); and an olher righls, royallies, and profits relating 10 the r.1 properly, including wilhoullimil&lion all minerals, oil, gas, geothermal and similar mallers,located in CUMBERLAND County, Commonwealth 01 Pennsylvania (the "Real property"): See altached Ttle Real Property or Its address Is commonly known as 3 SCRAFFORD ST., SHIPPENSBURG. PA 17257. Granlor presenlly assigns l() Lender all 01 Granlor's nghl, tilla, and Inleraslln and 10 allle&ses ollhe Properly and aU Renls Irom Ihe Properly. In addition, GraniC( granls 10 Lender a Uniform Commer'cial Code security inlerest in lhe Parsonal Properly and Renls. DEFINITIONS. The 10010wing words sh&1l have Ihe follOWing fTl8lnings when used in thls Mor1gage. Terms nol olherwise defined In this Mortgage shaa ha...e Ihtl meanings allribuled 10 such lacms in Ihe UnilOfm Commercial Code. All references 10 dollar amounls shall mean amounts in Iawlul money 01 Ihe United Slales 01 AmeriCa. Granlor, The word "Granlor" means NAN L. HAWKS. The Grantor is the mortgagor undac Ihis Mortgage. Guaranlor. The word "Guarantor" means and includes wilhoutlimilalion each and all oflhe guarantors, surelies, and accommodation parhes in connection wilh Ihe IndebtedneSS. Improvemenls. The word 'mprovements- means and incJudeS wilhoul Mmitation ell exisling al1d lulure Improvements, bUildings, structures, mobile homes affixed on lhe Real Properly,lecililies, additions, replacements and olher conslruction on the Fleat Property. Indebledneas. The word 'ndebtadl18$S- meanS all principal and Interasl peyable under the Nole and any amounts expended or advanced by lander 10 discharge obligations 01 Granlor or expenses incurred by Lender 10 enforce obligations 01 Granlor under IhlS Mortgage, rogelher wllh interesl on such amounts as provided In lhis Mortgage. Lender. The word 't.endar'" means ORRSTOWN BANK, Us successors and essigns. The Lander is Ihe mortgagee under this Morlgage. MOltg,ge, The word -Mor1gags- means Ihis Mor1gage between Grantor end Lender, end includes wilhoul limitation atl assignments and sacurily inleresl provisions relating to lhe Personal Property and Ranis. Nole. The word -Nole~ means the promissory nole or credit agreement dated June 5, 1998, In the original principal amount 01 $30,400,00 from Granlor 10 Lender, logelh<< wilh aa renewals Of, extensions 01, modilicaUons 01, refinancings 01, consolidallons 01, and substilulions lor the promissory 110le or agreemenl The maturity date ollhis MOllgage Is June 10, 2013. Personal Property. The WOlds "Personal Propetly" mea/'l aU equlpmenl, Ilxtures, and olhet arliclas 01 personal properly now Of herealter owned by Granlor, and now or hereafter altached or affill:ed 10 the RIUI Properly; logelher with aU accessions, parts, and addItIons 10, ell replacemenls 01, and all subshtutions lor, any ot such property; and log.lhe/" wllh all proceeds (Including wllhout limitation all Insurance proceeds and relunds 01 premiums) from any sale or olhei disposition ollne Property. Property. The word "Property" means colleclively Ihe Real ProperlY and Ih. Personal Properly. Real Property. The words ~881 Property" mean the property, interests and rights described above in lhe ~ranl of Morlgage" section. Relalet:l Documenls. The words "Retated Documenls~ mean and Include withouf limitation all promisSory noles, cradil agraemenls, loan agreemenls, environmenlal agreemenls, guaranlies, secuoly agreemenls, morlgages, deeds of !rust, and aU olher inslrumenls, agreemenls and documents, whelher now or hereafter exisbng, executed in connection with lhe Indebledness. Rents. The word "RenlsM means an present and fulllle renls, re\f8nullS, income, issues, royalUes, profits, and other benelJls derived from lhe . Propacly. THIS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE III PAYMENT OF THe INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNOER THIS MORTGAGE AND THE RELATED DOCUMENTS, THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOlLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In lhis Mortgage, Granlor shan pay 10 Lender atl amounls secured by IhlS Morlg8ge as lhey become due, and shaD slriCtly perform all 01 Granlor's obHgallons under tl'1l$ Morlgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Granlor agrees thai Granlor's possession and use 01 the Property Shall be goverl'l&d by lhe lollowing provisions; Possesslon and Use. Unlil in defaull, Granlor may remain In possession end conlrol 01 and op&r"ale and manage Ihe Properly and cOl1ec1 lhe Renls Irom the Property. Duly 10 Malnlelff, GranlOl shaa maintain fhe Property In tenanlable condition and prompUy perform atl repairs, replacements, and meintenance necessary 10 preserve ils value. Hazardous Subslances. The farms Mhatardous wasle" "hazardous substance," -disposal: "release," and "threatened release,M as used in ltus Mortgage, shall ha.... lhe same meanfngs as sellorth In the Comprehansive Environmental Response, Compensation, and Liabl~ty Act 01 1980, es amended, 42 U.S.C. SecUon 9601, el Sflq. ("CERCLA"), the Superlund Amendments and ReaulhOflzallon Acl 01 1986, Pub. L. No. 99-499 ("SARA-), lhe Hazardous Maleriel. Transporlallon Acl, 49 V.S.C. S6cllon 1801, el wq., Ihe Resource Conservalion and Recovery Act, 42 U.S.C. Secllon 6901, al seq., 01 olher applicable slate or fedefallaws, rules, or ragulallons adopled pursuanllo any 01 the loregoing. The terms "hazardous wasl.,~ and Mhazardous subslance~ shall also Include, wilhoullimilation, petrOleum and palroteum by-products or limy Iraclion lhereol and asbeslos. Granlor represents and warrants 10 Lender Ihat; (a) During Ihe period 01 Grantor's ownership ollhe Properly, Ihere has been tIO 1JS8, ganeraUon, manulaclure, slorage, trealment, disposal, releasa or Ihreatened release of any hazardous wasle or subs lance by eny person on, llnder, aboul or Irom Ihe Properly; (b) Granlor has no knowledge 01, Of reason 10 believe Ihallhare has been. except as praVlously dISClosed 10 alld acknowledged by Lender In wrlling. (i) any US., generation, manulaclure, slorage, Irealmanl, dISposal, release, or Ihrealened r&leaSe 01 any hazardous wasle or subslance on, under, aboul or Irom the Properly by any prior owners or occupanls oflhe Properly or (ii) any actual Of IIl1e<llened IlhQalion or claims of any kind by any person rel8ling 10 such mailers; and Ic) Excepl as prelliOusly disclosed 10 and acknowladgod I)y lender in writing, (i) neither Granlor nor any !enal1l, contractor, agfinl C( olhac authorized user.ol the Property sheR ,usa, generale, manulaclure, slore, Ireal, dispose _of, ot release any haw-doLlS wasle or substance on, under, a,boul or from Ihe Prop&lly and (N) any such acllVlty sha_ be conducled in compliance wllh aD applicable federal, slale, and Iocatlaws, regulabons end ordinances, Incfudlng Wlthoul limllahon Ihose laws, regulations, and ordinances described above. Granlor aulhorlzes lender and lis agenls 10 enler upon Ihe Propelty 10 maka such Inspoellons and EXHIBIT 'C 06-05-1998 loan No MORTGAGE (Conllnued) Page 2 ~aslS. al Grantor's expanse. .s Lender INlY deem appropriate to determine compliance 01 the Property wilh this section 0111'18 Mortgage. Any Inspections or lesls made by Lender shaH be lor lander's purposes only and shan nol be construed 10 create any responsibility or ~ab.~ly on lhe pari 0.' Lender 10 Grantor or 10 any olner person. The representations and warranties contained herein afe based on Granlor's due diligence in Invesllgallng the Property lOt hazardous W8S18 and hazardous subslances. Grantor hereby Is) rel&aSfS and waives any future claims .gainsl Lender fOf IndemlUly or contribution In the event GranlQf" becomes liable lor cleanup 0( olher CDSI$ under any such laws, and lb) aglees 10 indemnity and hOld harmleSs Landel' 8gal1151 any and alt claims, losses, liabHilies, damages, penallies, and expensas which lender may d.-ectly or Indirectly sustain or sulfer resUlting from I breach 01 IhI$ section 01 Ihe Morlgage or as a consequence 01 any use, generation, manulaclure, slorage, disposal, release Of Ihreatened release 01 a ha.:zardous wasle Of subslance on the properties. The provisions 01 lhis seclion 01 lhe Morlgage, including the obligation 10 Indemnity, shall survive Ihe payment 01 1h8Indebledness and Ihe salislacllon and rBConveyance ollhe lien 01 lhls Mortgage and shall nol be allecled by lender's acqulsillon of any lnlerast in the Properly, whether by loreclosure or OlherwlS8. Nuisance, Waste. Grantor shall nol cause, conducl or permit any nuisance nor commit, permit, Of sulfer any stripping of or wasle on or 10 lhe Properly or any portion 01 the Properly. Wilhoutlimillng Ihe ganerallly oflhe foregoing, Granlor will not remove, or granl to any Olher party lhe righlto remove, any limber, mUlersls (including oil and gas), soil, oravel or rock producls wilhoutlhe prior wrllten consenl 01 Lender. Removal ollmprovemenls. Granier shall not demolish or ramove any Improvements Itom Ihe Real Property withoutlhe prior written consent of lender. M; a condition to Ihe removal 01 any Improvements, Lende; may require Grantor 10 make arrangemenls satistactory 10 Lender to replace such lmprovemenls with Improvemenls of at least equal value. Lender's Righi to Enter. Lender and its egents and represenlalives may enler upon Ihe Real Properly al an reesonable limes to alland 10 Lendar's intaresls and 10 Inspectlhe Property for purposes 01 Granlor's complianca wilh Ihe lerms and condllions of thiS MOflltBge. Compliance wllh Governmentat Requirements. Granlor shall prompUy comply wilh ell laws, ordinanceS, and regulations, now or herealler in effect, 01 elt governmental aulhorllies appliCablo 10 Ihe use or occuprancy ollhe Properly. Grantor may conlesl in gOOd faith any SUCh law, ordinance, or regula lion and wilhhold compliance dUring any proceedlOg, Including appropriate appeals, so long as Grantor has notlhed Lender 10 wflling prior 10 doing so and so long as, in lender's sokl opinion, lender's inl&fests In Ihe Property are nol jaopardized. Lander may requira Granlor 10 posl adequate securlty or a surety bond, reasonably sahslactary to lender, 10 prolecllender's inlares!. Duly 10 Protect. Granlor agrees neither to abandon nor \eave unaltended tha Propar1y. Grenier shaM do all olhar acts, In addition to Ihose acts sal forlh above in this saclion, which from Iha charaeler and use of the Property are reasonably necessary 10 protecl and preserve lhe Properly. DUE ON SALE - CONSENT BY lENOER. lender may, allts option, declare Immedialely due and payable all sums securad by ltllS Mortgaga upon the sale or Iransler, wlthoullhe lender's pnor wflllan consenl, 01 aU or any part of the Real Properly, or any Inletesl In the Real Properly. A "sale or transfer" means the conveyance 01 Real Property or any righi, lille or interesl Iherein; whelher legal, beneficial or equitable; whether volunlary or involunlary; whelher by oulrighl sale, deed, installment sale cc.ntracl, land contract, contract lor deed, leasehold inleresl wilh a term greater than Ihree (3) years, Iease-optlon conlract, or by sale, assignmenl, or Itansfer 01 any beneficiallntareslln or 10 any land trusl holding hUe to the Real Properly, or by any other melhod of conveyance of Real Properly interest. II any Grantor is a corporalion, parlf\8f$hip or Wmlled llabltily company, translElf" also includes any change in ownership of more than Iwenty-five percenl (25"") of Ihe voling stock, partnerShip Inl81ssls or llmiled tiabilily company inlerasls. as the casa may be, 01 Granlor. However, Ihls option shaU not be exercised by lender il such exetcise is prohibiled by lederat taw or by Pennsylvania taw. TAXES AND liENS. The loIlowing provisions relating to lhe!axes and rians on the Property are a part of this Mortgage. Payment. Grantor shall pay when dua (and In all evenls prior to delinquency) slllDes, payrOll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account Ollha ProperlY, and shall pay when due an c18ims lor work dona on or lor serVICes rendered or maleriallumished 10 the Properly. Granlor st18ll mainlain lhe Property free 01 willens having priorlly over or equal 10 the interesl 01 lender under lhis Mortgage, excepllor lhe lien 01 taxes and aSSElssmenls nol due, and exoopl as olherwise provided in Ihe lonowing paragraph. Right To Conlesl. Grantor may withhold paymenl of any lax, assessmenl, or claim In connection wilh a good laith dlspule over the obligation to pay, so long as Lender's inlElf"esl in the Proper1y is not jeopardized. II a lien arises or is liled as a resull 01 nonpayment, Granlor shall wllhilllllleen (tS) days arlar the lien arises or,lf a lien is tiled, wllhin fifteen (15) days alt9r Granlar has nolice ollheliling, secure the discharge ollha Il8n, or II requasled by lender, deposil with lender cash or a sulficjenl corporate swely bond or othei'" securlly satisfactory 10 lender in an amount sufhoenl 10 discharge Iha lien plus any costs and allorneys' lees or olher chargas that could accrue as a resull 01 a foreclosura or sale under tha lien. In any conlasl, Grantor Shan delend itsell and Lendar and shaD satisfy any adverse judgmenl belore enlorcamenl againslthe Properly. Granlor shaU nama lender as an addilional obligee under any sl.ltely bond furnished in Ihe contest proceedings. Evidence of Paymenl. Grantor shalt upon demand lurniSh 10 Lender sallsfac!ory evidence 01 payment of lhe laxes or assessmenls and shall aulhorize the appropriale governmental otficlal 10 deliver to lender al any lime a wriUen slalement 01 lhe laxes and assessments against lhe Propelly. Nollce 01 Construction, Grantor shall notify lander at leasllilleen (IS) days balore any work is commenced, any servic9S are furniShed, or any materials are supplied 10 the Properly, II any mechanic's lien, malerialmen's lien, or olher lir;ln could be asS8rled on accounl 01 the work, services, or malerialS, Granlor will upon requesl 01 Lender lurnish 10 Lender advance asslJtancas satisfaclory 10 lendar thai Grantor can and win pay the cosl 01 such improvemenls. PROPERTY DAMAGE INSURANCE. The following provi$ions relallng to Insuring the Property are a part of this Mortgage. Malnlenanca or Insurance. Granlor shad proclJte and maintaIn policias of fire Insurance with slandard extended coverage endorsements on a replacemenl basis lor Ihe lull tnsurable valve covering aU Improvemenls on the Real Properly In an amounl sullicient to avoid applicallon 01 any coinsurance ctause, and with a standard mortgagee clause In lavor 01 Lendar. Policies shaM be wrillen by such insurance companies and in such larm as may be reasonably acceptable 10 lender. Grantor shall deliver 10 lender- certifiCates 01 coveraga Itom each insurer containing a slipulallon mal coverage wiU nol be cancened or diminished wilhoul a minimum ollen {lO} days' prior" wrillen noliee 10 Lendar and nol cot\laining any disclaimer ot the insurer's HabUily lor failure to give such nolice. Each insurance policy also shall illClude an endorsemenl providlOg lhal coveraga in lavor 01 lendar will not be impaired in any way by any act, omission or delaull 01 Granier or any other person. Should the Real Property at any lime become localed in an area designated by- lhe Direclor of lhe Federal Emergency Management Agency as a special, flood hazard area, Granlor agrees 10 obtam and maintain Federal Flood Insurance lor Ihe full unpaid prinCipal balance oflhe loan, up to the maXimum PolICY limils set undar the National Flood Insurance Program, or as olherwise required by lender, and to mainlain such insurance lor the term 01 Iheloan. Appllcallon of Proceeds. Granier shalt prompUy notify lendar 01 any loss or damage 10 Ihe Property. lender may make prool 01 loss il (iranlOf larls to do so WIthin Illteen (15) days ollhe casually. Whelhef or not lender's secunly IS Impaired, Lender mey, at lis elechon, apply the proceeds to the reduclion 01 the IndeDtednass, payment 01 any lien aHeellng the Property, or the resloration and repeir ollha Properly. II lender elects 10 apply the proceeds 10 resloration and repair, Grantor shati (epair or replace the damaged or destroyed Improvements in a mannar saltslaclory 10 Lender. Lerlder shall, upon satislactory prool 01 such e:.:pendllure, payor reimbutse Grantor Irom Ihe proceeds lor the reasonable cost of repair or resloralion It Granlor IS not in defaull under Ihis Mortgage. Any proceeds which have not been disbursed wllhln 180 days aller Ihelr recelpl and which Lender nas nol commiUed 10 lhe repair or rfiloralion 01 lhe Property shall be used lirst 10 pay any amount oWing 10 Lender under Ihis Mortgage, Ihen 10 pay accrued Interesl, and Ihe remaindar, if any, Shall be appbed to the principal balance 01 the lndebtec!ness. II Lendaf hOldS any proceeds al1er paymanl in full 01 the Indebledness, such proceeds shall be paid 10 Granier. Unexpired Insurance al Sale. Any unexpired insurance shalt inure to Ihe benelil of, end pass 10, Ihe purchaser ollhe Properly covefed by this Morlgage al any Iruslee's sale or Olh8f sale held under the provisions of this Mortgage, or al any loreclosure sale 01 such Prop81ly. TAX AND INSURANCE RESERVES. Upon request by lender and subJect 10 appliCable law, Granlor shall pay to Lender each month on lhe day paymenls are due under Ihe Nole unlit lhe Note is paid In lun, a sum ("Escrow Funds~) equal 10 one-Iwelllh 01 {a} all annual taxes, spacial taxes, assessmenls, walar charges end sewer service charges levied againsl or on accounl 01 the properly and (b) ennual premiums tor policias ollNe insuranca wilh all risks standard exlanded coverage required under Ihis Mortgage ("Escrow lIemsM). Lender may eslimale the amount 01 Escrow Funds on lhe basis of current data and a reasonable .slimala 01 lulure Escrow IIams. AU Escrow Funds shall be held by Lender and applied to pay lhe Escrow lIems whBn due. lender wiD nol charge lor holding and applying the escrow Funds, analyzing Iha accounl, or verilying the Escrow lIems, unless Lander pays Granlor inleresl on the Escrow Funds and apprlCable law permits Lender 10 make such a charge. Grantor and. Lander may agl'l)9 in wrlllng thai inlerest shall be paid on the Escrow Funds. Unless an agreement is mada or appDcable law requires intaresllo be paid, Lender shall nol be required to pay Grantor any inleresl or earnings on Iha Escrow Funds. The Escrow Funds are pledged as additional securily lor the amounls seculed by thiS MOflgage. Illhe amounl of lhe Escrow Funds held by Lender, logelhet wllh Ihe fulura monthly payments 01 Escrow Funds p/lor 10 the due dates 01 the Escrow 118ms, shah exceed Ihe amounl requlred 10 pay tha Escrow lIems when due, the excess shall be, at Granlor's option, ellher plomplly repaid 10 Granlor or credited 10 Grantor In scheduled payments 01 EscrOW Funds. "lhe amounl 01 1M Escrow Funds held by Lender IS not suUlciell1 to pay lhe Escrow Items when due, Granlor shaU pay 10 Lender any amounl necessary to make up Ihe clellcl8ncy In one Of more paymenls liS hNuiredby Landar. EXPENDITURES BY LENDER. If Granlor I.Ws 10 comply with any provision 01 this Morlgage, or il any acllon or proceedIng Is commenced lhat would materially allacl18nder's interests In lhe Property, Lander on Granlor's behalf may, but shall nol be requirad 10, lake any acllon.'hat Lender deems appropdale. Any amounl thai lender expends in so doing wiU bear inlarast at Ihe rale providEtd lor In tha Nola Irom the date Incufled or paid by I uIIC10r 10 ttle dale of repeymenl by Grantor. All such eKpenses, et Lender's opllon, wi!1 (8) be payable on demand, (b) be addec! to Ille balance ollho 06-05-1998 Loan No MORTGAGE (ConUnued) Page 3 Note and b~ apportione~ among and be payable wtlh any Instanmenl payments 10 become due during eilher (I) the term 01 any applicable insurance polICY or (u)lhe rema.nang term of Ih, Note, Of (c) be Ir8aIed as a balloon paymenl which win be due and payable ,'Ihe Nole's maturity. This Mortgage also will secure paymenl of these amounts.. TN rights provided lor In this pat.gr.ph shill be In addition 10 any other righls or any remedies 10 which lender IN)' be anlilted on account of the default. Any such action by Lander shill 1'101 ba construed '5 cuntlg lhe delaull so as 10 tt.r LendEll' kom any ramedy thai il otherwise would have had. Grantor's obUgation 10 lander lOf .n such expenses $halt survive the entry of any mortgage IOfedo$ura Judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relaling 10 ownership ollhe Properly are a pari of this Mortgage. TIlle. Grantor warrants lhal: la) Grantor holds gOOd and marketable 1iI1e 01 record to the Property in fee simple, free and clear of an liens and encumbrances other than those set lorth In lhe Reat Properly description or in any Iitle insurance policy, Iitle reporl, or hnallitla opinion issued in layor 01, and accepted by, Lander in connecUon wllh Ihis Mortgage, and (b) Granlor has the IuS righi, power, and aulhorily 10 execute and deliver IhlS Mortgage to Lencler. Delense or Tille. Subjeclto the exception in the paragraph above, Granlar warranls and wUllorever delend the tiUe to lhe Properly againsl the lawlul claims ot an parsons. In the avenl any acllon or proceeding is commenced lhilt questions Granlor's IIUe or the Inleresl 01 Lender under lhiS Morlgage, Granlor shall defend lhe aclion at Grarttor's expense. Grantor may be the nominal pally In such proceeding, but Lender shaU be enhlled 10 par1lClpa!e In lhe proceeding and to be reprnanled in Ihe proceealng by counsel ot Lender', own ch0iC8, and Granlor will deliver, or cause 10 be delivered, to Lend<< such instruments es Lender may requestlrom lime 10 time to permit SUCh participallon. CompliAnce With law., GrtntOf" w.rranls that lhe Property and Grantor's usa of Ihe Property complies with all exisling applicable laws, ordinances, and regulahons 01 govetnmenlal authorities. CONDEMNATION. The Iallowing provisions relating to condemnation ollhe Property are a part 01 this Mortgage. Applk:llllon of Net Proceeds. II art Of any part 01 the Property is condemned by emin&nl domain proceedings or by any proceeding or purchase 10 lieU 01 condemnation, Lender may allls eleCtion r~ulte lhal all or any portiQ(l 01 lhe n&l proceeds of the award be applIed 10 the Indebledness or I/'Ie repair or restoralion olllle Properly. The net proceeds of the award shaa mean the award aller paymenl 01 aU actual cosls, expenses, and allorneys' fees Incurred by Lender In connecllon wiln the condemnallon. Proceedtngs. II any proceeding In condemnation Is filed, Grantor Shad promptly no~1y lender In writing, and Granlor shall promplly take such sleps as may be necessary 10 delend lhe aclion and oblein lhe aWllI'd, Granlor may be lhe nominal party in suc/'l proceeding, but Lender shall be enlllled to participate in the proceedlOg and to be represented in !he proceeding_bY counsel_olils own choiCe, end Granlor win debver or cause 10 be c1etwered to lender slJCh insltuments as may be reqU8$ted by,1 from lime 10 time 10 perfJllt such partietpallon. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAl AUTHORITIES. The 10000wing proviSions relaling 10 goverrlmentallaxss, lees and charges are a part ollhis MQ(tgage: Current Taxes, Fees and ChllfgeS. Upon request by lander, Granlor shall execute such documents in addillon to Ihis Morlga9ll and take whatever olher aclion is raqU8$lad by Lender to parleel and continua Lender's lien on lhe Real Property. Granlor shall reimburse Lender for all taxes, as described below, logether with aU expenses Incuned in recording, perfecting or continuIng t/'lis Mortgage, including without ~mllalion all l.ues, lees, documentary stamps, and olher Chllfges 10f" r&COrding or registering this Mortg'ge. Tax.., The Iallowing shall constilule laxes to which this seclion llPplieS: (a) a specific lalC upon this type Of Morlgage or upon aft or any pari 01 lhe Indebledness secured by thiS Mortg.ge; (b) a spectllc talC on GranlOl' which Granlor Is authorized or raqulred to daductlrom paymenls on the tndebtedness secured by this Iype of Mortgaga; (c) a tax on lhis type of Mortgage chargeabta against the Lander or the holder ollhe Note; and (d) a specifiC lalC on all or any portion of the tndebtedness or on payments; 01 princlpat and interesl made by Grantor. ' Subsequent Taxes. lI.ny tax 10 which Ih!s section applieS Is enacled subsequent to lhe dale of this Mor1gage, Ihis event shall have the S8me elleel as an Event of Delault (as daRned below), and land..- may 9XeI"Cis8 any or all 01 ils aveilable remedi4lS IOf an Evenl 01 Defaull as prOVided below untess Grantor either la> pays lhe lax befora II becomes deIInquenl, or (b) conlests Ihe tax .5 provided above in the Taxes and Liel'lS seclion and deposits wilh Lend&( cash ar a sufficient corporale surely bond or other securily salisfactory 10 LendQr. SECURITY AGREEMENT; FINANCING STATEMENTS, The following prOvisions relating to this Morlgage as a security agreement are a pa,1 ot this MortgS9Q. Security Agreemenl. This Instrument Shall conslilul& ill security agreemenllo lhe exlanl any ollhe Property constitutes fixtures or olher personal property, and lender shaH have all of the righlS 01 a securad party under the Uniform Commercial Code as amended from lime to time. Security Inlerest. Upon request by Lender, Granlor shall execute fin.ncing stal&menls and lake whs.lever olher aclion is requeslad by Lender 10 parleel and conlinua Lender's securily Inte'esl in th6 Renls and Personal Properly. In addmon to recording Ihis Morlgage in lhe teat property records, Lender may, .1 any lime and without further .uthorizallon Irom Grantor, file executed counlerparls, copies or reproducbol'lS of lhls Morlgage as a financing stelement. Granlor shah reimburse Lender lor aU expenses incurred In p6rlecling Of conlinuing this securdy inlerest Upon defaull. Granlor shall assemble the Personal Properly In a manner and al a piece reasonably convenient to Grantor and Lender and make il available 10 Lender within three (3) days atter receipl 01 wrillen demand from lender. Addresses. The mailing addresses 01 Granlor (debtor) and Lender (SSCured party), Irom which inlormalion concerning the secunly Inleresl granled by this Morlgage may be obtained (each as required by the Uniform Commercial Code), are as slaled on lhe lirst page oflhis MOItgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and allorney-in-Iact are a part oflhis Morlgage. Further Assurances. Al any lime, and ftom lime 10 lime, upon requesl of Lender, Grantor witt make, execute and deliver, or wilt cause 10 be made, executed or de~vered, 10 Lender or 10 Lender's d8$ignee, and when requesled by LendElr, cause to be Illed, recorded, rehled, or reracorded, as the case may be, .1 such times and in such olfices and places as Lender may deem appropriale, any and atl Such mortgages, deeds of lrusl, security deeds, S8Curily agreements, tinancll1Q stalemenls, continuation statemenls, insllUmenls 01 further assurance, CillIlllicates, and olher documents as may, In the sole opinion of lender, be necessary or clesirable In order 10 effecluale, complete, perlect, conbnue, or preserve (a), lhe obligations 01 Grantor undef IIle Nole, this MOI1gage, and Ihf Related Documents, and (b)lt'Ie hens and securlly inleresls creatad by I/'IlS Mortgage as lirst and prior liens on Ihe ProperlV, w/18lher now owned or herealler acquired by Grantor. Unless prohrbded by taw or agreed to lhe conlrary by Lender In wrillng, Grantor shall reimburse Lender for all cosls and lllrpenses incurred in conneclion with the maUers lelerred 10 in this paragraph. Allorney-ln--Fac:l. n Granlor faijs 10 do any of the things relerred 10 In the preceding paragraph, Lender may do so lor and in II'le name 01 Granier and al Granlor's elrpense. _ For such purposes, Grantor hereby irrevocably appoinls Lender as Granlor's allorney-in-Iacllor llle purpose 01 makmg, axecul1ng, delivering, filing, tecording, and doing all olher Ihmgs as may be necessary .or desirable, In Lander's SOle opll1lon, 10 accomplish the mailers refElrreclto in Ihe preceding par8araph. FLLL PERFORMANCE. II Grantor pays .Illhe Indebledness wh41n due. and otherwise performs atlthe obligations imposed upon Granlor under Itus MorJQage, Lender shall execule and deliver 10 Grantor a suitable salislaclion 01 thiS Mortgage and suitable slatements ollerminallon ot any I1nancing slatemenl on hie evidencing Lend<<'s security interesl in Ine Rents and lhe Personat Properly. Granlor will pay, II permllted by appllcabla law, any reasonable termination lee as delermlned by Lender lrom tima to lime. DEFALL T. Each ollhe lollowing, allllf option allender, s/'lall constllule an event 01 delautt ("Event 01 Delault") under this Mortgage: Default on Indebtedness. Failure of Grantor to make any payment when due on lhe Indebtedness. Del.ult on Olher P.ayments. Failure, of Gr.nlor within lhe lima required by lhis Morlgage 10 make any payment for taxes or insurance, Of any olher payment necessary 10 prevent ~ling 01 or 10 eltael discharge at any Il8n. CompliAnce De'eull. Failure 01 Granlor 10 comply with any olher lerm, obligation, covenanl or condition conlalned in this Mortgage, lhe Nole or rn any ofthll Retaled Documents. False SI.lemenls. Any waf'tanly, represenlallon or slalem&nl made or lurnlshed 10 Lender by or on oehall 01 Gral1lor under thiS Moolgage, Ihe Nole or Ihe Related Documents IS false Of misleading In any malerial (especl. eilher now or atlhe lime made or furnist'l8d. eelecllve Collaterallullon, This Mortgage or any of tne Ralated Documenls ce.sts 10 b.'n fulllorce and elfl1CI (including lairure of any coUalelal docurnenls to creale a valid and perfected securily Inlerest or lien) at any lime and lor any r&ason. Dealh or Insolvency, The dealh of Grantor, Ihe Insolvency 01 Grantor, lhe appolntmenl of a receiver lor any pat! 01 Grantor's prop6lty, any IlsSJgflmenllor lhe benehl of credilors, any Iype of creditor workoul, or the commencemenl ot eny proceedIng under any bankruplcy or IllSolverlCi laws by oregainsl Granlot. foreclOSUre, Forfeiture, ell::. Commencemenl of loreclosure Of forleiture proceedings, whether by Judiclat proceeding, sell-help, leposse5sion or any olher mel/lod, by any cleditor 01 Grantor or by any governmental agency agaln5t any ollhe pro~erly. Howil'V.8t, 11'115 subsecllon shaU not apply in the event of a good lailh dispule by Granlor as to the vellddy or reasonableness oflhe claim whICh Is the baSIS ollhe loreclosure or lore'ellure ._._...._ __~..;.'''',.j "">' r.,~"t", "j".." I .."ri.., wriTlan nollce 01 sueh claIm and Iurnishes reserves or II surety bond lor Ihe clalrn saltsraercry 10 06-05-1998 Loan No MORTGAGE (Continued) Page 4 lender. Breach 0' Other "Illumenl. Any blqCh by Grantor under the Iefm$ of any olher agreement belween Grantor and Lender fhal is nOl remedied wIthin any graca peIiod provided therein, Including wilhoul 6mllation any aglsement concerning llny Indebledness or other oOJigalion ot Grantor I lander, whether exISting now OIlaliV. 0 Evenls A"ectlng Guarantor. Any ollhe preceding events OCClJrS wilh respetllo any Guarantor of any DIme Jndebtedness 01 any Gucran/Qr' ~ or becomes incompetent. or rtWokes or dispulllS the valIdity of, or liability under .ny Guaranty of 'he Indebladl'l8$S lender a' its ophOn may but shall not be rllqulrad to, permillhe Guaranlor's eslale 10 assume unconditionally the obligallon$ _n$lng undel the g~ranly j~ a manner wliSI..tlor 10 Lender, and, in dCing 50, cur. thtJ Evenl of Default. Y Righi 10 Cure. If SUCh a laUure I~ curable and If Granlor has nol been given a notice of a breach Ollhe same ptolliSion of Ihis MOftgage withm lhe precadltlg twelve (12) months, Jl may be cure~ (and no Event 01 Delaull will have occwed} if GiantDf. at/8/' lB/1dar sends writteo notce aemandlng core of ~uch failure: (a) c~es the failure Within Iift"n (15) days; or (b) if the cure requires more lhan fifteen (15) days, imrnedi81e1y 11lI118tas staps sulhClent 10 cure the failtJfe and thereafter cOnllnues and completas all reasonable and nec8!i;S8ry steps SulfiCl8nt 10 prlXluce compliance as soon as rtlasonably practical. RIGHTS AND REMEDIES ON DEFALl..T, Upon the occurrence Of any Eventol Dere.ullll.nd alany timelhereafter, Lender, at ils option, may eXefCJSe anyone or mOl"e or th. following righls and remedieS, in adOiUon to any other nghls or r.medies provided by law: Accelerate Indebtedness, Subject 10 applicable law, lender shall have the right .1 its option without notlce 10 GranlOf to dectare Ihe anwa Indeotedness ImmediatelY due and payable. uce Remedies, With respecllo all or any part ollha Personal Property, Lander shall have aU the rights and remedies of a secured party under Ihe UnifOfm CommerClil COde, Coltect Ren,.. Lender shalf havelhe righi, without nolice to Granlor, to take pOSS8uion 01 the PrOP8lty and collect the Renls, including amounts past due ~nd unpaId, and apply the net prOCMds, over and abolle Lender's cosls, against ,Ihe Il"Idebt8dness. In lurthilfance ollhlS righl. Lendel' may reqLJlre any lenanl or ather usar of Ine Property 10 make paymanls 01 fI,nl Of us. fees dlreclly 10 lenaar. Illha Renls ere collecled by lendef. Ihen Grantor irrevocebly designales Lendw aiS Granlor's allorney-in-Iacl 10 endorss Instruments received In paymenl lhereof In Ihe name 01 Grantor and 10 nagolllfe fhe same and eolleclthe proceedS. Paymenb by lenanls or olh8f lJS8fS 10 Lender in response 10 Lender's cSlJmand sha. sallsfy the obllgallons fOf WhICh 11\& paymenls are made, whalh8f or nol any proper grounds fot Ihe demand eJlisted. lender may eJl8rCIS9 lis righls under Ihis subparagraph eil~ In pewson, by agent, or through a receiver. Appolnl Receiver. lender sh411 have Ihe ",hi to have a receiver appoinled 10 take possession 01 all or any part of the Property, wilh Ihe power 10 prol~1 and preser....lh. Properly, 10 opQfatell1e Properly preceding IOfeclOSure or sale, and 10 cOUect Ihe Rants ITom lhe Properly and apply the proceeds, over and above Ihe cost 01 lhe r1\Ceivership, agalnsl lhe Indebtadness. The recelvtk may SeNe withoul bond II petmilled by lIIw, Lender's righl 10 Ihe appoinlment 01 a receiver shall ~Ist whether Q( not lhe apparenl ....Iue 01 Ihe Property exceeds lhe Indebtedness by II substantial amount. Employment by lendsr shaD not disqualify a person Irom serving as a raceill9f. ~---~----- JudiCIal Foreclosure. lender may oblaln a JUdicial decree foreclosing Granlor's Inleresl in all or any part o/Ihe Property. NonjUdicial Sale. II permitted by applICable law, lender. may foreclose Granlor's interesl In all or In any part of the Personal Property Of the Real Properly by nonjudicial sale. Deficiency Judgment. lender may obtain a i'Jdgment 'Of any deficiency remaining In ths Indebtedness due to Lender after applicallon 01 at amounls received Irom lhe exercise ollhe rights provided in this section. Tenancy at SUfferencfl. II Granier remains in possession af the fl(operty aHer the PrOperty is sold as provided abo1/8 or Lender otherwise becomes enlilled to pOSStision oIlhe Proper1y upon default 01 Grantor, Grantor snail become a tenanlsl sufferance 01 lender or Ihe purcha$er at the Property end shal" at lender's oplion, either <a) pey a reasonable rental lor the use ollhe Property, or (b) vacate the Property Immediately upon the demand ollenelel'. Other Remedies. lender shall have all olher righls and remedies provided In lhis Morlgage Of Ihe Nola 0( allailable at Jaw or In equity. Sale ollhe Property. To l/'Ie lilllanl permilled by appllcabla law, Granlor herebY waIVes any and aU Oghlto haye the property marshalled. In exercisil1Q its rights end remedias, lender shall be Iraalo $llI1 all or any part 01 Ihe Property logeth81 Or separalely, in one sale or by separala salas. Lender shall be entitled to bid al an)' public sale on all or any portion ollhe Prop"l)', Nollce or s.Je, lander shall Qi~ Granlor reasonable notice 01 the time and place 01 any public sate ollhe Personal Properly or 01 the lime al\ef which any prillale sale or olher IntftOdfld disposition 01 11'\8 Personal Property IS 10 ba made. UnleSs otherwise ffaQuired by appbcabl& law, reasOnabre noliCe shjU mean nollee given .t leasl ten (10) d41ys balor. jhelime ollhe sale or dispOSilion. Waiverj Elecllon 01 Remedies. A waiver by any perly 01 a breaCh 01, pro...lSion ollhis Mortgage shaH not consliMe e waiver 01 or prejudicelhe party's righls otherwise 10 demand slricl compUance wilh Ih,t provisiOn 01" any olher provision. EleCtion by lender 10 pursue any remedy shall nol exclUde pursuit of any olo.r ralTlQdy, ,nd an election 10 mah IIxpenaitures or take acllon loperlorm an obrigallon at Grllnlor I,/nd81 thls Mortgage aller lallure 01 Grantor to P61lorm shall nol .ffact Lender's rlghl to declare a defaull and exercise Its remedl8S under lhls MOflgage. Atlo(neys' Fees; Expense.. If lender Inslifules any suil or aclion 10 enforce any Of the terms Of Ihis Mortgage, lendar shall be enlJlled 10 recover such sum as the courl may adjudge reasonable as eltornays' fEteS al trial and on any appeal. Whether or nol any courl aclion IS involveD. a~ reasonable axpensas incurred by lender l/'lat in lender's opinlon are necessary al any lima lor Ihe protechon ot i1s inleresl or lhe entorcemenl 01 Its fl9hts sN.1t become a part of lhe Indabltldness payable on demand IInd sha" bear int,eresl from the dale 01 expendllure unlij repaid allhe rille prOVided lor in the Nola. Expenses coveted by Ihls paragraph tflclucle, wdhoutllmilahon, however subject 10 any II/TWIs under appllCablo laW, lendai's 81\0106'1"-' lees- 8.00 Lender's legal ell;pense$ whelher or nol there is a lawsuil, including attorneys' lees lOf bank(uplcy proceeding! (inclUding ellorts 10 modify or vacat. any aulomatic slay or injuncliOn), appealS and any anticipated posl-judgmenl collechon serlliCes, Ihe cosl ot searching records, oblaining title reports (including fOfeclosute reports), surlleyOfs' (eporls, and appraisal fees, end hlle insufance. 10 the liIxlenl permitted Dy applICable taw. Grantor slso WIU pay any court cosls, In addHlon 10 an olher Sums provided by 18.\11. NOTICES TO GRA.NTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any nOlice under this Morlgage shall be in wriling, m&'I be senl by lelelacsimlle (unless olherWise reqlJired by law), and shaU be eHective when actualty delillered, or whan deposlled wllh a naliona8y l6l:;ogrnZ8(! oveHlIgt\t courier, 0<, il mallEtd, shall ba dMmad eHaclille wh$n deposited in Ihe Uniled Slales mail first class, cerlill8(j or reglsl8led ma~, poslage prepaid, directed to . the addresses shown near lhe begtnnlng 01 thIS Marlgage. Any party may chenge lis address tor nohees under \hIS Morlgage by giVing formal wollen notICe 10 lhe olher parties, specifying lhat Ihe purpose 01 tm, nohce is 10 change Ihe party's address. All COPIllS oJ no\\ces ct IOfactoswe kam tt\e nalder of any lien which has pf10rily over Ihis Mortgage shaM be senllo lender's address, as shown near Ihe beglnfllng 01 this Mortgage. For nOlice PUrpO$8$, G(onlor agrees 10 keap lender inlorm..d 01 aUlimas of Granlor's currenl addf&U, MISCEllANEOUS PROVISIONS. The IOflowlng miscellanlilous provisions are a part 01 this Mortgage: Amel\dments. ihis. Ma<tge.oe, togett'\.er with any Relaled Doc:umenls, conslilutes Ihe enlire understanding and agreement_ 01 the parties as 10 1116 mailers sal torth In Ihis Motlgage. N(I allaralion 01 or amar1dmllnllo INs Morlgage shan be ellecllve unless gIllen In wflllr'lg IInd SIgned by me parly or parlies sought to b8 charged or bound by the .Iteralion or amendment. Applicable llW, This Mortgage ha.. be.n dellver.d 10 lender and accepled by Lend.r In lhe Commonw(lallh 01 Pennsylvania. Thls MOrlQAQe ShIll De govern~ by and conslruttd In accordance with the laws of Ihe Commonweallh 0' Pennsylvania. Capllon Hfacllngs. Caption headings In this Mortgage are 'or conllenience purposes only and are nol 10 be used 10 interpret Of define Irte provisions (If Ihis Morlgage. Merller. TtJe/a shall be no merQ$( ollhe inleresl oreslate crealed by this Mortgage wilh any other interest or eslale in lhe Propelly al any lime htlld by or lor the benefit ollendl)( in any capll.Clly, wrlhoullha wnl1en consenT 01 lender. Se'ltfablIUy. It e court of competetll jurisdiction finds any prollislon 01 this Morlgage 10 be Invalid or unenlorceabre as 10 any petson Q( clrcumslance, such finding snail nol rendw that p(OViSion InvaUd or unenforceable as 1,0 any other persons or cIrcumstances. llleaslble, any !ouc'" offending provision shall be deem.d to be modified 10 ba within the limits 01 enlotC&8bl~ly' or 116lUdity; howeller, If the ollendlng pro III Sian cannOI be ~o modilied, II shall ba stricken and all olher provisions 01 Ihis Mortgage In all olher resps<:ls shaU ,ernam valrd and enforceable. Suctessot' and A.s~Qf1s.. Subjeclto Ihe limitations stated in lhis Mortgage on transler Of Granlor', Inleresl, Ihls MOIlgage shall be binding upon and inure 10 Ihe befl8fil 011h8 parlles, Iheir hellS, personal rapr8Mr\letlvas, successors and IIsslgns. It ownership ollhQ PTOP&i\1 'oec;omes. wsted in a person olhat Ihan Granlor, l.nder, withOul notice 10 Granlor, may deal Wllh Grantor's successors with referel'lCe 10 thiS Morlgage and Itle Itldeutednes.s by way of forbearance or extension wllhoul releaSing Grantor from Ihe obligations Of Ihls Morlgage or liability undtN' the Indebledne$s. Time Is ollhe Essence. TIme Is ollhe essence In Iha performanc9 of this Morlgag9. BOUk .1460 fAct ~790 Wlllvers Ilnd Consents. lender shall nol be deemed to halle weilled any rights under Ihls Mortgage (or under lhe Aeraled Documenls) unles'.i b6-05-1998 Loan No MORTGAGE (Conllnued) Page 5 such ~.Iver is In Writing .and signe~ by lender. No delay or ~misslon OtIlhe part of Lender in ex8fCising any right shaU operate as . wafVel' 01 such nghl or any other nght. A watver by any party of . provision oIlh1s Mortga~ shat not conslilule . waiver 01 Of p'ejudice lhe party's right olherwlH to dema(ld slticl compMance with thai provl$lon 0( any oth8r plovlslon. No prior wa~ by Lender. nor any COW5e Of clNling between llllndel aod Grlol<<, shal conslitu" . walver of any allender's rights Of any of Granlot's obIgBlons as 10 any future traflSltClions. Wheneww consent by Lender Is requhd In !hIS MClI1gI.ge, lhe granting 01 such consent by Lender In any Insl8nce shd no! conslllule continuing consenllo subsequent instances where such cOI'IS8ll11s required. GRANTOR ACKNOWLEDGES HAVING READ ALl THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE HAS BEEN SIGNED AND SEAlED BY THE UNDERSIGNED. GRANTOR: x ,:n CiJM- .",j,.:, f/a I j; k./l'';',:'>' '"",,:"' ISiA!.t', NAN L. HAWKS ?J:.' A::::Wloz:2e::the .'e..nee ot, /lne" /x I / Witness { Signed, acknOWledged and delivered In the presence 01: x Wllness x Witness CERTIFICATE OF RESIDENCE I hefebV certify, lhal the precise address ollhe mortgagee. ORRSTOWN?/ANK, sin Is as follows: ~ P.O. Box 250, T7 East King Sl,eet, Shlppenaburg, PA 17257 /f , /J -""<A<> .g rlr INDIVIDUAL aNOWLEDGM:~:" ~Ag'" ,~.~,,,,,. STATE OF plJ 1'1i\Q.q IV6-.i'\lc,-- ClllY\'ct t \(\ f\d ) 188 I COUNTY OF On tho, the ~")lJro.. de, 0' ",~1.1\2..... , 1.Ql, be'",e me '\\rltL\'(\ YY\.1 f'I e She(, p ,Ihe undersigned Nolary Public, personaNy appeared NAN L. HAWKS, kllOwn 10 me (or salislactOf~y proven) I~ Je \he pefSon whose name!s subscribed 10 the within Inslrument, and acknowledged lhal he or she execuled the same for lhe purpn~n contaIned. .. ' " / -',..' Q " , 10 wlloes.whe,ool, I he,e.nto..t m, hend end oflU:l" ..... ~~p~r Nolary PUblic In and 101' lhe Stale ot', . F!....... , lASEA PRO, A'lI- v,s. Pal. & T.M. Off., Vtr. :1.25 (c)lilO& CFI ProStrYle.., lne. AWrlghl,rtltrv,d.IPA-G03 '04~.\.N R2.0VLI , NOTARIAL SEA~ PUBLIC DAWN MARIE SHOOP. Hen nIV PA MSyht:':~~:~i':~ ~~;::~=;:,~ 5, '2000 :.# .~~'~:~~~~~:~(;~"., SlalB of pennsylvania} C(IunIY of Cumberland 86 tlt;~;l(dt!d in the office for the recording of Deeds (~tt~' Jlld 1"..cJ4Q.lbBrl~ounty....Ea...-.- If:.. __ _8~_ V I. _page-1:b I ,'''''' 'IIlY"_." ~..IO~' of , ~i 1...Uti:; ..P~ da . 1J.-- ""1/6 J "Tv;. ~ COt 17 -'-i:,. ."~,,, ,~ 4":\', ' >:,?>:.... ,-,' ." ", .: ..1. ,~;.." "'- ,~- . j ~ \'.:--""" c., .....).:...,J....:' , A'. " .., . ~ ....,,": " '. '.' ....'.j..,.,-..;,'.. . .'::'~1:.YE,".1 ~,...,l':'.". "l;.:,~t}.f:;'<';' . BOud" 60 PAG~ '791' EXHIBIT "A" ALL that certain tract of land with the dwelling house and other improvements thereon erected, situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a spike on the northern line of Scrafford Street which spike is 215 feet East on the intersection of said Scrafford street which Mainsville Road and which spike is on the dividing line of Lot NO.5 1 and 2 on the hereinafter mentioned plan of lots; thence along the Eastern line of Lot No.1, North 22 degrees 30 minutes West, 118.43 feet to a stake; thence North 67 degrees 30 minutes East, 118.43 feet to a stake; thence North 67 degrees 30 minutes East, 125 feet along the line of land now or formerly of H. W. Geesaman heirs to a stake; thence South 22 degrees 30 minutes East, 118.43 feet to a point, a mark on a wall on the North side of Scrafford street aforesaid; thence South 67 degrees 30 minutes West, 125 feet along the Northern line of Scrafford Street to a spike, the place of BEGINNING. BEING Lot No. 2 on the Western 35 feet to Lot No. 3 on the plan of lots of Ralph A. Scrafford, which,plan is recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 5, Page 18. AND HAVING THEREON erected a one story frame dwelling house known and numbered as No. 3 Scrafford Street. BEING that same real estate that Oliver Guy Mellot and Marie L. Mellot, husband and wife, by their deed dated November 2, 1992 and recorded on November 5, 1992 in the Office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, in Deed Book "Z", Volume 35 at Page 61, conveyed to Nan L. Hawks, single woman, Mortgagor herein. Boud160 P~GE', ,792 OA~N BANK ;000 /':'-50 0003 ..s-'1cJ I ,/oJ6 '7 February 13, 2004 t(Q)\PY NAN L. HAWKS 3 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 Via Certified Mail Return Receipt Requested and Regular U, S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqaqe 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 pa~es. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proqram 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 Counselinq Aqencv. The name, address and phone number of Consumer Credit Counselin~ A~encies servin~ your County are listed at the end of this Notice. If YOU have any questions, you may call the Pennsvlvania Housinq Finance Aqency toll free at 1-800-342-2397. {Persons with impaired hearinq can call (717) 780-18691. 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. EXIiIBIl "D" 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 INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CAS A DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): NAN L. HAWKS PROPERTY ADDRESS: 3 SCRAFFORD STREET SHIPPENSBURG, PA 17257-1727 LOAN ACCl. NO.: 30003009 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDERlSERVICER: ORRSTOWN 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 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 130) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS 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 desiQnated consumer credit counselinQ aQencies for the county in which the property is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU 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 filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT CBrinQ it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 3 SCRAFFORD STREET. SHIPPENSBURG, PA. 17257-1727 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: DEC. 10TH__ $286,15, JAN 1 OTH__$286 , 15 AND FEB, 10TH__$286.15 Other charges (explain/itemize): LATE CHARGES--$438,36 TOTAL AMOUNT PAST DUE: $1,296.81 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this $ 1,296.81. ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riqhts to accelerate the mort~a~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 installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortqaqe property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff 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, if legal 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 you cure the default within the THIRTY (30) DAY period. you will not be required to pay 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 THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riQht to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by payino the total amount then past due, plus any late or other charqes 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 writinq by the lender and by performinq any other requirements under the mortqaqe. 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 POSSIBLE 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 5 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: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Orrstown Bank P.O. Box 250, 77 East KinQ Street Shippensburq, PA 17257 (717) 530-2661 (717) 532-4099 Betsy J. Smith 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: YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, ~9~ BETSY J. SMITH, COLLECTION DEPT. . - CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O CCCS of Western Pennsylvania, Inc, 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 Financial Services Unlimited 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Financial Counseling Services of Franklin 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 731-9589 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 1-';" ~ \ ~~ ~ I :,j:, .. I ~ ~ I ~ " ! -=-- lJ: I 'J:'hJO , ~C:€ "< '" ;;;()g La. 3 ~~ nii - .. ~j; ~ ~ h ~ ,.. tt ~ = \::, ~ :-Z ~ :..c. E-v I I ~ I ~ $ f ~ ~ "A~ ~ 'I u ~_ _........ - - () ...... Cr, G c:. ~ Q~13~~o ~ f L 9 ~ ~H.:;d i ,. ~"--.J? 't. ~s:~~:D$ 1\ J ~ I ~iin!' "- <; ;;o!i!:!. " r tt ~" l ~UJi ~ QO t l~~L~ ~ - ~=~g~~ I ~ :TO_lX" -..:. [J'U .. ~ i" E: 0 i ~ CD. ~ ~ f ~! t ).J ." .. -.r ,. i; Ill~f. 8. a i!f I f ~ ODD ig~l~ ." . ~ = 9':::l = I[ g ,0 i i g. ~ ~' " >< 0 u~ ~w= - ~ C> ~ Ht ir ~. ODOa( ~! ~fH (~ l::t ~ if (C(O)[P>)f UItIBIl H [f; 'tl '" ... ~ ~ ~ i ... ~ ~ :!' c-,,~2:~ ~ tJ j f'Or .:{:- f -~, rib r-" ;~ =~ <.s>L, .... I - ~ ~ r ~. L> ~ t: - .... ~ .. , :;; -< '" o ~ - '-l ~ \ "- '-l N '~ ~06fO$O 'k,nnWH ~'1'EI 83; vo1t"?1t H"'~~SN3dd!HS -- - Q!~d 3~lS0d 's'n ~;JIMI!lrlV.u-Oof ,"~J..1J'(>!'J'N~ jl~ c: 0-<. en :SttI . ~~ 25 Cl~ (f) ::tIO ~ -~ ~ z~ '" ~o ~ ~~ <: (>m n m", '" .loR ~~ ~o: ",z ~j :ri "z ;0 ,. ... g ~ ~ ~ ~ iri . 0 ~ ." '" ~ 5 ;= -< - ~ --....... ..... 000:) ~ AJ (,J ~ Il ~ ~ ~ ~ ~ ~ () '..J ~ -,..) ~ "'0 ~ ~ ~ 1'-..) C) -C\1 ,: ~,"; ";{;\ " ',..CJ,v " .. , : , , - c:~' SHERIFF'S RETURN - REGULAR CASE NO: 2004-01511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS HAWKS NAN L 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 HAWKS NAN L the DEFENDANT , at 2025:00 HOURS, on the 29th day of April 2004 at 3 SCRAFFORD STREET SHIPPENSBURG, PA 17257 by handing to ROBERT MURPHY, SON IN LAW, ADULT IN CHARGE 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 OBRIEN BARIC SCHERER Sworn and Subscribed to before By: me this 1.:1~ day of~ ~oa Y A.D. t'~w ~--"'-. ~.A--~ Proth()notary " ., (/ {~~ Deputy Sheriff ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- 01511 CIVIL TERM CIVIL ACTION-LA W MORTGAGE FORECLOSURE v. NAN L. HAWKS 3SCRAFFORDSTREET SHIPPENSBURG, PA 17257, Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued without prejudice. Date: November 16, 2006 Respectfully submitted, ;N, B~C & HERE0 . ;:IAvv David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on November 16, 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Nan Hawks 3 Scafford Street SmppeMbmg, P?:)Z/J C ti David A. Baric, Esquire o t;. ~ c;:> c:'? o~ S ...w~ - 0' ~ .-~ -::k--r'i (rlf:: -c t:!-\ ~-~:~ "'.~. .~:~. (} ~ ~-::'~ ---r."':'.: ((~~~ 'r' ":0 ::4. -- c:;! ~ f'.)