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HomeMy WebLinkAbout04-1958MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA oc NO. 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 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 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las pfiginas siguientes, debe tomar acci6n dentro de viente (20) dias a partir de la fecha en que recibi6 demanda y el aviso. Usted debe presentar comparecencia esrita en persona o pot abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o p or cualquier otra queja o compensaci6n reclamados por el Demandante, USTED PUEDE PERDER DINERO O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCI©N ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASlSTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this 28th day of April, 2004, Plaintiff Manufacturers & Traders Trust Company by its attorneys files the following Complaint in Mortgage Foreclosure: 1. Plaintiff is Manufacturers & Traders Trust Company, a New York banking corporation with offices at 1331 Twelfth Avenue, Altoona, Pennsylvania 16601. Plaintiff is successor by merger to Farmers Trust Company and also maintains offices at One West High Street, Carlisle, Pennsylvania 17013. 2. Defendants Donald E. Slike and Rose Marie Slike are adult individuals who are husband and wife residing at 100 East Lauer Lane, Camp Hill, Pennsylvania 17011 (Slikes). 3. By their Promissory Note dated September 1, 1993 in the original principal mount of One Million Nine Hundred Fifty Thousand Dollars ($1,950,000.00), Slikes are indebted to Plaintiff. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and made a part hereof(the "Note"). 4. Slikes' payment and performance of their obligations under the Note are secured by, among other things, a first lien and security interest created by a Mortgage dated September 1, 1993 between Slikes as Grantor and Plaintiffas Lender and recorded on September 1, 1993 in the Cumberland County Recorder of Deeds Office in Mortgage Book 1161, Pages 433 et. seq. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof (the "Mortgage"). 5. The real property subject to the Mortgage is located at and known as 98- 100 South Second Street in the Township of East Pennsboro, formerly the Borough of West Fairview, Cumberland County, Pennsylvania and is more particularly described in the Mortgage (the "Real Property"). 6. Slikes are the real owners of the Real Property. 7. Slikes failed to pay when due all real estate taxes assessed against the Real Property for 2001, 2002 and 2003. 8. On May 23, 2002, Fulton Bank caused a Judgment to be entered by confession against the Slikes in the amount of Three Million Two Hundred Ninety-Six Thousand Two Hundred Fifty and 03/100 Dollars ($3,296,250.03) plus interest, attorneys' fees and other costs. Such Judgment was entered in the Office of the Prothonotary of Cumberland County and docketed at No. 02-2538 Civil Term. The Judgment was not stricken, opened or satisfied. 9. Slikes' failure to pay when due the real estate taxes assessed against the Real Property for 2001, 2002 and 2003 and the entry of the Judgment in favor of Fulton Bank constitute defaults under the Note and the Mortgage. Plaintiff in good faith deems itself insecure. 10. The indebtedness evidenced by the Note and secured by the Mortgage is due and payable immediately in full. The amount of such indebtedness is $1,061,632.92 which is computed as follows: Principal $ 932,766.27 Interest to 4-28-04 74,213.20 Late fees to 4-28-04 25,276.59 Real estate taxes 16,210.27 Attorneys' fees and expenses to 4-28-04 13,166.59 Total $1~061,632.92 Interest continues to accrue after April 28, 2004 on such indebtedness at the rate of 1.0% ~er annum above the Index defined in the Note (the "Index"). Attorneys' fees and expenses continue to accrue after April 28, 2004. -3- 11. Plaintiff is entitled to Judgment in Mortgage Foreclosure. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Slikes in the mount of $1,0.61,632.92 plus all costs and attorneys' fees and expenses inctm'ed after April 28, 2004, interest after April 28, 2004 at the rate of 1.0% per annum above the Index and all other charges and expenses provided in the Note and the Mortgage mad authorizing the sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, un, Esquire ~We~dside P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff PROMISSORY NOTE Re[erences in [he shaded area are for Lender's use oni~ and de noI fimi~ Ihs applicabilily of thio document to any padicuIar ~oen or item. Borrower: Donald E. Slike - .x~se Marie Silks ~ J P.O. 80X 292 ~ Camp Hal, PA 17013 Lender: Farmers Trust Company Main Office One Weal High Street Carlisle, PA 17013 Principal Amount: $1,950,000.00 Date of Note: september 1, 1993 PROMISE TO PAY. Donald E. Sake and Rose Marie Slike ,'Borrower") )romiee 1o pay to Farmers Trust Company ("Ler~der"), or order, in lawful '~oney of the United States of America, the priecipal amount of One Million Nine Hundred Fifty Thousand & Og/10o Dollars ($1,950;000.00), together with interest on the unoatd principa~ ~a;ance from September 1, 1990, until paid in tull. The interact role will not increase abo~e ll.0Oo%. PAYMENT. Subject Io any paI meat cnanges resulting from changes in the Index, Borrower win pay this loan In accordance wiIh the following payment schedule: 12 consecutive monthly orisetpaf and interest peymenls of $15,709.07 each, beginning Oclober 1, 1993, with interest calco[alee on the unpaid principal balances al an interest rate of 7.500% per annum: and 228 consecutive monthly principal and interest paymec[$ in the initial amount of $15,709.07 each, beginning October 1, 1994, with interest calculated on the un~aid principal balances af an Interest rate of 1.000 percemage points over the lade:( described below. Borrower's final payment will be due on SeoIernber 1, 2013 and wifi be for aft principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. merest on this Note is comeuted on a 30/360 simple interest basis: that is with tee excemtion of odd days in the first cayman period, monthly interest is CalCUlated e~ applying the ratio of the annual interest rate over 8 year of 360 days, multiplied by the outetand, ~g principal Balance. multiohed ay month of 30 days. nterest for the odd da/s is calculaied on the bas~s of ihs actual days to the next full monln an¢ a 360-day year. Borrower will pay applicable law, payments will be ecelied fi~st to accrued unoaid interest, men lo principal, and any remaining amoum to any unoaid collection costs and ~ale georges. VARIABLE INTEREST RATE. The interest rate on this Note is subiecI to change from time lo time based on changes in an index which is the Farmers Tresl Company Base Rate (the 'lndex"j The Index is not necessari r ina lowest rare cearged by Lender on its ]cans and is set ~y Lender in its sole discretion. If the index.becomes sca a~labla dUdng the term ~f this loan, Leneer ma~ deeigna[s a subetilute index after nohyng Borrower. Lender to the unpaid principal balance of this Note will be the rate or rates set forth above in the "Payment" section. Noh~ithstending any other provision of this Note, the variable interest role or rates provided for in this'Note will be subject lo the following mau'dmum rate. NOTICE: peraemage points. Whenever increases occur in the interest rate. Lender. al its eels)n, may do one or more of the following: (at increase Borrower's paymenLs to ensure Borrower's loan wi, pay off by its odgina] final maturity raia, lb} increase Borrower's paymenLs 1c cover accruing interest, PREPAYMENT; MINIMUM INTEREST CHARGE. Borrower agrees that ail loan fees and other orecaid finance charges ere earned fully ~s of fha date DEFAULT. Borrower will be in defauH if any of the following naBoena: (at Borrower la, its to make any payment ween due. (b] Borrower breaks any agreement related to this Note or in any other agreement or loan Borrower has with Lender. (ct Borrower defaults under any ~oan, extension of credit Borrower dies or becomes insolvent a receiver is apDointed for any ~ad of Borrower's p.ropeny, Botts)war makes an aasignrnem for Ihe benefit of Lenser. (g) Any of the events described in this default section occurs with reeeect ts any guarantor of this Note. (h*, Lender in good faith deems itself LENDER'S RIGHTS. Upon defaulh Lender may declera the entire unpaid principal balance on this Note and ali accrued unpaid interest immediately due, without notice, and Ihen Borrower wNl pay [hat amount. Lender may hire or pry someone else to help coliec~ this Note if Borrower does not pay. Borrower elco wifi pay Lender thai amount. This includes, subjecl to any limits under appfieebie law, Lender's attorneys' fees and Lender's legal expenses whelher or not there is a lawsuit, ii,eluding attorneys' fees and ~egar expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated pos[-judgmenl collection services. If not prohibited by appticable law, Borrower also win pay any court cos!s, in addition to ali other sums provided by law. If judgment is entered in connection with this Note, interest wi[) continue )o accrue on this Note after judgmenl al the interest ra{e applicable to this Note al lhe time judgmenl is entered. This Note has been delivered to Lender and accepled by Lender in the Commonwealth of Pennsylvania. It there is e lawsuit, Borrower agrees upon Lender's request to submit to the jurisdJclion of ihs courts of Cumberland County, the Commonweallh of Pennsylvani~ This Note shall be governed by and construed in CONFESSION OF JUDGMENT. Borrower hereby irrevocably authorizes and empowers any altorney or Ihs Prothonotary or Clerk of any Coud in the ,Commonweallh of Pennsylvania, or elsewhere, to appear at any time for Borrower attar e default under this No[e, and with or without complaint f~Jed, as ct any term, confess or enter judgment against Borrower for [he entire principal batance of this Note and all accrued inieree[, together wi~h cosLs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interesl for collection, but in any eveni not less than Five Hundred Dollars ¢500); and for eD doing, this Note er a copy of this Note red,ed by affidavit shall be suffJcien~ warrant. The aalhed~y granted in this Nolo to cohfeee judgment against Borrower shall no[ be.exhausted bv.aov exercise of thai authority, but shall congnue from time to time and al all F~IBIT "A" PROMISSORY NOTE (Continued) Page 2 times until payment in full of all amounts due under this Nole. RIGHT OF SETOFF. Borrower grants to Lender a contractual possessory securtly interesl in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts hem jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA, Keogh, and trust accounts. Borrower authorizes Lender, to the extent permit[ed by applicable law, to charge or setoff all sums owing on this Nolo against any and all such accounis. COLLATERAL. This Note is secured by, in addition to any olher collateral, a Modgage and an Assignment of All Rents dated September 1, 1993, to Lender on real propedy located in Cumberland County, Commonwealth of Pennsylvania, a Modgage and an Assignment of All Renls dated September 1, 1993, to Lender on real propedy located in Cumberland County, Commonwealth of Pennsylvania, a Mortgage and an Assignment of Ail Renls dated September I, 1993, [o Lender on real properly lecaled in Franklin County, Commonwealth of Pennsylvania, and a Modgage and an Assignment of All Ren~s dated September 1, 1993, to Lender on real propedy Ioc8.1ed in Cumberland County, Commonwealth of Pennsylvania, atl the terms and conditions of which are hereby incorporated and made a pad of this Note. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Nolo, to the extent allowed by law, waive presentment, demand for payment, protesl and notice of dishonor. Upon any change in the terms of this Nee, and unless otherwise expressly stated in writing, no pady who signs this Note, whether as maker, guarantor, accommodalion maker or endorser, shall be released from liability. Ail such padies agree that Lender may renew or exdend (repeatedIy and for any length of time) this loan, or release any pady er gdsrantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and fake any other action deemed necessary by Lender without the consent of or notice to anyone. All such padies aisc, agree that Lender may modify this loan without the consent of or notice to anyone other than the pady with whom the modification is made. The obligations under this Note are joint and several. [f any podion of this No~e is for any reason determined to be unenforceable, it wilt not affect the enforceability ct any other provisions of this Note. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, iNCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. 'q'{\'"' Donald E. Slike Rose Made Slike RECORDATION REQUESTED BY: Farmers Trust Company One West High Street Carlisle, PA 17013 WHEN RECORDED MAIL TO: Farmers Trust Company One West High Street Carlisle, PA 17013 ,,0 ...... ;. ZI£CLER RECORDER OF DEEDS CU~4 ~ ERLAi'tD COUNTY-PA '93 SI? 1 PP1 lg 33 SEND TAX NOTICES TO: Donald E. Sitka and Rose Marie Sitka P,O. Box 292 Camp Hill, PA 17013 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED SEPTEMBER 1, 1993, between Donald E. Slike and Rose Marie Sitka, Husband and wife, whose address is P.O. l~ox 292, Camp Hill, PA 17013 (referred to below as "Grantor"); and Farmers Trust Company, whose address is One West High Street, Carlisle, PA 17013 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender afl of Creator's right, title, and Jnierest in and lo the following described real property, togelher with al/ existing or subsequently erected or affixed buirdings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, afl [ibedies, privireges, tenemenls, heredRaments, and appurtenances thereunto belonging er anywise made appudenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the reef properly, including without limitation all minerals, oil, gas, geothermal and similar matters, located in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"): See £xhibi t "A" 29-E ~ 929 DeedBook 50-J ~age?08 Townnship West FaJrview Borough The Real Property or its address is commonly known as 98-100 South Second Street, West Fairview, PA 17252, Grantor presently assigns to Lender all of Grantor's right, title, end interest in and to all leases of the Properly and afl Rents from the Properly. in addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Properly and Rents. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherv4se defined in this Modgage shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts Jn lawful money of the United States of America. Grantor. The word "Grantor" means Donald E. alike and Rose Marie Sitka. The Granler is the mortgagor under this Modgage. Guarantor. The word "Guarantor' means and includes without limitation, each and all of the guarantors, sureties, and accommodation padies in connection with the Indebtedness. improvements. The word "Improvements" means and includes without limilation all existing and future improvements, fixtures, buildings, structures, mobile homes affixed on the Real Properly, facilities, additions, replacements and other construction on the Reef Properly. Indebtedness. The word "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce oblige!ions of Grantor under this Modgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means Farmers Trust Company, its successors and assigns. The Lender is the modgagee under this Modgage. Mortgage. The word "Modgage" means this Modgage between Grantor and Lender, and includes without limitation all assignments and security interest provisions rotating to the Personal Properly and Rents. Note. The word "Note" means the promissory note or credit agreement dated September 1, 1993, iR the original principal amount of $1~950,000,00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note er agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other arlicles of personal properly now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such properly; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Prol~eHy" means collectively the Real Property and the Personal Properly. Real Property. The words "Real Property" mean the properly, interests and rights described above in the "Grant of Mortgage" section. Related Documents. The words "Relaled Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, guaranties, security agreements, modgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed ia connection with lhe Indebtedness. Rents. The word "Rents" means alt present and fotura rents, revenues, income, issues, ro al ie , profits, and other benefits derived from the Property. ooKllCl P^0£ THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND TH/SECURITY INTEREST fN THE RENTS AND PERSONAL PROPERTY~ IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: EXHIBIT "B" MORTGAGE Page 2 (Continued) PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Modgage as lhey become due, and shall strictly perform all of Grentor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Gran[or's possession and use of the Properly shall be governed by the following provisions: Possession and Use, Until in default, Grantor may remain in possession and control of and operate and manage the Property and collecl the Reels from the Properly. Duly to Maintain. Grantor shall maintain the Property Jn lenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this Mortgage, shall have the same meanings as set forth in the Comprehensive Envirenmental Response, Compensation, and Liability Act Ut 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L, NO. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuanl to any of the foregoing. The terms "hazardous wasle" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Properly, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous wasle or substance by any person on, under, or about the Property; (b) Grantor has no knowledge of, or reason 1o believe that there has been, except as previously disclosed to and acknowledged by Lender in wdting, (i) any use, generation, manulacture, storage, treatment, disposal, release, or threatened release of any hazardees waste or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in wdlieg, (i) neither Grantor nor any tenant, contractor, agent or o{her authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, or about the Properly and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and lecal laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Prepedy with this section of the Modgage. Any inspecfiees or tests made by Lender shall be for Lender's purposes eniy and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Gran~or's due diligence in investigating the Property for hazardous waste. Grantor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such Jaws, and (b) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or ss a consequence of any use, generation, manufacture, storage, disposal, release ar threalened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was er should have been known to Grantor. The provisions ut this section of the Modgage, including the obligation to indemnity, shall survive the payment of the indebtedness and the satisfaction and reconveyance of the lien of this Modgage and shall not be affected by Lender's acquisition of any interest in the Properly, whether by foreclosure or otherwise. Nulsance~ Wasle. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any podion Ut the Properly. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the pdor written consan~ o1 Lender. Removal of tmprovements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. AS a condition to lhe removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Leader to replace such ~mprovements with Improvements of a~ least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Modgege. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regu[afion and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing se and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably safislactory 1o Lender, to protect Lender's interest, Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Properly. Grantor shall do all ether acts, in addition to those acts set forth above in Ibis section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at ils option, declare immedialely due and payable all sums secured by this upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by oufright sale, deed, installment sale contract, land contract, contract 1or deed, leesahold interest with a term greater than three (3) years, lease-option contract, or by sate, assignment, or transter of any beneficial interest in or to any land trust holding title 1o the Real Property, or by any other method of conveyance of Real Property interest. If any Grantor is a corporation, padnership or limited liability company, transfer also includes any change in ownership of more than hventy-five percent (25%) of lhe voting stock, partnership interests or limited liability company interests, as the casa may be, of Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or b'~e~r~y~a~ala~.u ~ 101 TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Mortgage. ~'~"~ Payment. Grantor shall pay when due (and in all events prior to delinquency} all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Properly, and shall pay when due all claims for work done on or for services rendered or material furnished to the Properly. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Modgage, except for the lien ct taxes and assessments not due, and except as otherwise provided in the following paragraph. Right To Conleel. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, se long as Lender's interest in the Properly is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (1.5) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit wifh Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges thai could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the conlest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the MORTGAGE Page 3 (Continued) Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15} days before any work is eammeneed, any services are furnished, or any materials are supplied to the Properly, if any mechanic's lien, materialmen's lien, or ether lien could be asserted on account of the work, services, or materials and the cost exceeds $5,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements, PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Prepedy are a pad of this Modgage. Maintenance of Insurance, Grantor shall procure and mainlain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the fuJ~ insurable value covering all Improvements on the Real Properly in an amount sufficient to avoid application of any coinsurance clause, and with a standard modgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Granter shall detiver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' pdor written notice lo Lender and not containing any disclaimer of the insurer's liability f~r failure to give such notice. Should the Real Property at any time become located in an area designated by the Director ct the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood insurance, to the extent such insurance is required by Lender and is or becomes available, for the term of the loan and for the full unpaid principal balance of the loan, or the maximum limit of coverage that is available, whichever is less. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $500.00. Lender may make proof of loss if Grantor fails to do se within fifteen (15) days of the casualty. Whether or not Lender's secudty is impaired, Lender may, at its election, apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or lhe restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner safistaclory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default hereunder. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to prepay accrued interest, and the remainder, if any, shalt be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor. Unexpired Insurance at Sate. Any unexpired insurance sha~l inure lo the benefit of, and pass to, the purchaser of the Properly covered by this Mortgage at any trestee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Properly. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (a) the name of the insurer; (b) the risks insured; (c) the amount of the policy; (d) the propedy insured, the then current replacement value of such property, and the manner of determining that value; and (e) the expiration date of the policy. Grantor shelf, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Modgage, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (i} the term of any applicable insurance policy or (ii) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as cudng the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Properly are a pert of this Mortgage. Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Properly in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title roped, or final title opinion issued tn favor of, and accepted by, Lender in connection with this Modgage, and (b) Granlor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exceptior~ in the paragraph above, Grantor warrants and will forever defend the title to the Propedy against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Granlor's title or the interest of Lender under this Modgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to padicipate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such padicipation. Compliance Wilh Laws. Grantor warrants that the Properly and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental aulhorifies. CONDEMNATION. Thef~~I~win~pr~visi~nsreIatingt~c~ndemcati~n~ft~ePr~pe~~yareapart~fthisM~rtgage~ ~0~i~[6~_ ~0[ ~"35 Application of Net Proceeds. ~f all or any part of the Prepedy is condemned by eminent domain proceedings or by ahY proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any podion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shatl mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requesled by il from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Modgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, pedecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (a) a specific tax upon this type of Mortgage or upon all or any part of the Indebledness secured by this Modgage; (b) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and MORTGAGE Page 4 (Continued) (d) a specific tax on all or any podion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Modgage, this event shall have the same effect as an Event of Default (as defined below), and Lender may exercise any or alt ct its available remedies for an Event of Default as provided below unless Grantor either (a) pays the tax before it becomes delinquent, or {b) contests lhe tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a pad of this Mortgage. Security Agreement. This instrument shall constitute a secuhty agreement to the extent any of the Property conslitules fixtures or other personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements end take whatever other action is requested by Lender to perfect and continue Lender's seeudty interest in the Rents and Personal Property. In addition to recording this Morlgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall assemble the Personal Properly in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), from which information concerning the seeudty interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Modgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to fudher assurances and attorney-in-fact are a part of this Modgage. Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, end when requested by Lender, cause to be filed, recorded, rattled, or rereeorded, as the case may be, at such times and in such offices and places es Lender may deem appropriate, any and ell such mortgages, deeds of trust, security deeds, security agreements, financing stalements, continuation statements, instruments of fudher assurance, cedificates, and other documents as may, in the sote opinion of Lender, be necessary or desirable in order to effectuate, complete, perfeCt, continue, or preserve (a) the obligations of Grantor under the Note, this Modgage, and the Related Documents, and (b} the liens and seeudty interests created by this Medgage as first and prior liens on the Properly, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for alt costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do se for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing ali other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. ff Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Modgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Persona~ Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. DEFAULT. Each of the following, at the option of Lender, shaII constitute an event of default ("Event of Default") under this Modgage: Default on Indebtedness. Faiture of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Modgage, the Note or in any of the Related Documents. Breaches. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Modgage, lhe Note or the Related Documents is, or et the time made or furnished wes, false in any material respect. InSolvency. The insolvency of Grantor, appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor, or the dissolution or termination of Grantor's existence as a going business (if Grantor is a business). Except to the extent prohibited by federal law or Pennsylvania law, the death of Grantor (Jr Grantor is an individual) also shall constitute an Event of Default under this Modgage. Foreclosure, Forfeiture, elc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any of the Properly: However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeiture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. Breach of Other Agreemenl. Any breach by Grantor under the terms of any olher agreement between Grantor and Lender thai Js ecl remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of lhe preceding events occurs with respect to any Guarantor of any of the Indeblednees or such Guarantor dies or becomes incompetent. ,nsecarity. Lender in good faith deems itself insecure. ~'S[~K ;1_161 4-36 RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender, at its option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Subiect to applicable law, Lender shall have the right at frs option without notice to Grantor to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any pad of the Personal Property, Lender shall have all the rights and remedies of a secured pady under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Granter, 1o take possession of the Properly and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtednees. In furtherance ct this dght, Lender MORTGAGE Page 5 (Continued) may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shatl satisfy the obligations for wtlich the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to lake possession of all or any pad of the Property, with the power to protect and preserve the Property, to operate the Properly preceding foreclosure or sale, and to collect the Rents from the Properly and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or nol the apparent value of the Properly exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any pad of the Properly. Possession of the Property. For the purpose of procuring possession of the Properly, Grantor hereby authorizes and empowem any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competen~ court an amicable action in ejectment for possession of the Properly and to appear for and confess judgment against Grantor, and against al~ persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Modgage, or a copy of this Mortgage verified by affidavit, shaft be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior wdt or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any pad of the Personal Property or the Real Property by nonjudicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application ct all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. It Grantor remains in possession of the Propedy after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser ct the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate /he Properly immediately upon the demand of Lender. Other Remedies. Lender shaft have all other rights and remedies provided in this Mortgage or the Note or available at Jaw or in equity. Sate of the Property. To the extent permitted by applicable taw, Grantor hereby waives any and all right to have the property marshalled. In exercising its rights and remedies, Lender shall be free to sell alt or any part of the Properly together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public s~le an all or any portion of the Progeny. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sate of the Personal Properly or of the time after which any pdvate sale or other intended disposition of the Personal Property is fo be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ter~ (10) days before the time of the sale or disposition. Waiver; Election of Remedies. A waiver by any pady of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the pony's dghts otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation cf Grantor under this Mortgage after failure of Grantor to perform shatl not affect Lender's right to declara a default and exercise its remedies under this Modgage. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Modgsge, Lender shall be entitled to recover such sum as the coud may adjudge reasonable as attorneys' fees, at tdal and on any appeal. Whether or not any court action is involved, aJJ reasonable expenses incurred by Lender that in Lender's opinion ara necessary at any time for the protection of its interest or the enforcement of its rights shall become a pad of the Indebtedness payable on demand and shall bear interest from the date of expenditure until repaid at the Note rate. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether cr not there is a tawsuit, including attorneys' fees for bankruptcy proceedings (including effods to modify or vacate any automatic stay or injunction), appeals and any anticipated post-iudgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' repons, and appraisal fees, and titte insurance, to the extent permitted by applicable law. Grantor aisc will pay any court costs, in addition to all other sums provided by law. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Modgage shall be in writing and shall be effective when actually delivered, or when deposited wi~h a nationally recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, registered mail, postage prepaid, directed to the addresses shown near the beginning of this Mortgage, Any party may change its address for notices under this Mortgage by giving formal written notice fo the other ponies, specifying that the purpose of the notice is to change the pony's address. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. M~SCELLANE~USPR~~~~~~N~~Thef~~~~wingmis~~~~a~e~uspr~visi~nsareapart~fthisM~rtgage: ~O[J~Jl,.~j~ ~C~ 437 Amendments, This Mortgage, together with any Related Documenls, constitutes the entire understanding and agreement of the padies as to the matters set forth in this Mortgage. No alleration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean afl cash receipts from lhe Property less all cash expenditures made in conneclion with the operation of the Property. Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania, This Mortgage shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, Caplion Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Modgage. Merger, There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Multiple Parties. Alt obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each of the persons signing below is responsible for all obligations in this Modgage. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be invalid or unenforceable as to any person or MORTGAGE Page 6 (Continued) circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validily; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions cf this Mortgage in alt other respects shall remain valid and enforceable. Successors and Assigns. Subject to the limitations stated in this Mortgage on transfer of Grantor's interest, this Modgage shall be binding upon and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vesled in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor'a successors with reference to this Modgage and the Indebiedness by way of forbearance or extension without releasing Grantor from the obligations of this Modgage or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Waivers and Consenls. Lender shall not be deemed to have waived any rights under this Modgage (or under the Related Documents) unless such waiver is in wdting and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such dght or any other right. A waiver by any party of a provision of this Modgage shall riel constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenever consent by Lender is required in this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. EXHIEHT A. An exhibit, titled "Exhibit A," is attached to this Mortgage and by this reference is made s part of this Mortgage just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Mortgage. GRANTOR: Donald E. SIike Rose Marie Slike Signed, acknowledged and delivered in the presence of: Witness X Witness CERTIFICATE OF RESIDENCE I hereby cedify, that the precise address of lhe modgagee, Farmers Trust Company, herein is as follows: One West Higll Slreet, Carlisle, PA 17013 Attorney or-Agent forMc~'tgagee ACKNOWLEDGMENT On this day before me, the undersigned Notary Public, personally appeared Donald E. alike and Rose Marie Slike, to me known to be Ihe individuals described in and who executed the Mortgage, es their free and voluntary act and deed, for the uses and purposes therein mentioned. Given~n~yhand~.,~d/cialSealthi,/¢' /// ~ayof Notaw Publish and for the State of / LASER PRO, Reg. U.S. Pat. & T.M. off.. Ver.~.l ~ (c) ~ 99¢~1 ~/~s,~.~gb~ reser~d. [PA-G03: C~atb[a L. Dart, Notary My Commission Expires May 18, 1996 EXHIBIT A References in the shaded area are for Lender's use only 8nd do not timit the applicability of this document to any padicular loan or item. Borrower: Donald E. Sitka Lender: Farmers Trust Company Rose Made Slike Main Office P.O. BOX 292 One West High Street Camp Hill, PA 17013 Carlisle, PA 17013 This Exhibit A Is attached to end by fhis reference is made a pad of each Deed of Trust or Mortgage, dated September 1, 1993, and executed In connection with a loan or other financial accommodalions between Farmers Trust Company end Donald E. Slike and Rose Marie S[ike. ALL that certain tract or parcel of land situate in the Borough of West Fai%view, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to-wit: 8EGZNNING at a Point on the West side of Second Street at line of property now or formerly of Albert E. Lyter, Sr.; thence along property now or formerly of Albert H. Lyter, South 82 degrees 56 minutes 40 seconds West a distance of 109.00 feet to a/point on the East side of U. S. Routes 11 and 15; thence along the legal right-of-way line of U. S. Routes 11 and 15, North 31 degrees 50 minutes 25 seconds'West a distance of 111.09 feet to a pin; thence along the intersection of U. S. Routes 11 and 15, and Market Street by an arc curving to the right,, having a radius of 10 feet, a lineal distance of 19.93 feet to a point on the South side of Market. Street;.=thence along-the_Southside of Market Street, North 82 degrees 21'~m{n~tes l0 seconds East,*a)distance of. I46.'60~feet' to-a point · *oh'-the West~side'of Second.Street;. thence along the¢-West'side¢of-Second ~:distance of '116.56 Street, South -7 'degrees 3 _nz~{M-~..ds~_~, the place of ':BEGINNZNG~~~ That porti0n of the'~ _~3w~ ~r~-tl~ 'fci~ht~Z6f'-Wa~ alleys is subject to ~~i~ "~i~t~th~ 'This property is collateral for the entire amount of the mortE.aEe al0nE with other mortEaEes executed at the same time, but title insurance will be issued limited to the fair market value of the property based on the appraised value of the property of $255,000.00. Rose Marie Sitka THIS EXHiBiT A iS EXECUTED ON SEPTEMBER 1, 1993. BORROWER: Donald E. Slike VERIFICATION I, Keith P. Mangan, as an Assistant Vice President of Manufacturers & Traders Trust Company, have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that as such Assistant Vice President I am authorized to execute this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Dated: April ,~8,2004 396730vl MANUFACTURERS AND TRADERS : TRUST COMPANY, : Plaintiff : DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA DOCKET NO. 13,4-1958 Civil Term PRAECIPE TO THE PROTHONOTARY: On behalf of Plaintiff, we hereby discontinue this mortgage foreclosure action. Ll-oyjt R. Persun, Esqu' I.D,/No. 10![39 Metre, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-.';000 Attorneys for Plaintiff Date: September 7, 2004 401898vl