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HomeMy WebLinkAbout04-1960MANUFACTURERS 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 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 p~iginas siguientes, debe romar acci6n dentro de viente (20) dias a partir de la fecha en que recibi6 demanda y el aviso. Usted debe presentar comparecencia esfita en persona o por abogado y presentar en la Corte por escfito 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 pot cualquier dinero reclamado en la demanda o p or cualquier otra queja o compensackSn 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 DIRECCION ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKETNO. ~)~-- IqGo Ci '[ COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this 28th day of April, 2004, PlaintiffManufacturers & 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 Financial 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 August 11, 1995 in the original principal amount of Five Hundred Seventy Thousand Dollars ($570,000.00), 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 August 1 l, 1995 between Slikes as Grantor and Plaintiffas Lender and recorded on August 11, 1995 in the Cumberland County Recorder of Deeds Office in Mortgage Book 1276, Pages 622 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 608- 612 East Simpson Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania and 6896 Carlisle Pike in Silver Spring Township, 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 -2- 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 mount of such indebtedness is $525,992.49, which is computed as follows: Principal Interest to 4-28-04 Late fees to 4-28-04 Real estate taxes Attorneys' fees and expenses to 4-28-04 $444,514.77 37,514.21 10,895.10 26,795.18 6,273.23 Total $525,992.49 Interest continues to accrue after April 28, 2004 on such indebtedness at the rate of 5.0% per 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 $525,992.49 plus all costs and attorneys' fees and expenses incurred after April 28, 2004, interest after April 28, 2004 at the rate of 5.0% ~ annum above the Index and all other charges and expenses provided in the Note and the Mortgage and authorizing the sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, i~2rsS~n ~i~e 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff PROMISSORY NOTE principal ..i ,g?an'Date ~ ..Mati~rity ~ 'Loan No ~ Ca!I' .~ Collateral. .,'~ Account .}j'Officer..li..dl"iB' .'~ $-~?0,000.00 · 1 08-11;2015 !' .': "' ; '" :'" - ' '" ' "' ' ' ....... R'"'eferei~';; i;'~';';'~ee~':a~ea~;; f'-~; L~n'nd'er's"~u'ss only end do not limit the applicability of this document to ;t;y particular loan or item. - .... Borrower: Donald E. Silks Lender: Financial Trust Company Rose Marts Silks Main Office P.O. Box 292 One West High Street CampHIft, PA 17013 Carfteta~PA 17013 Principal Amount: $570,000.00 Date of Note: August 11, 1995 PROMISE TO PAY. Donald E. Silks and Rose Marie SIIke {"Borrower") promise Io pay to Financial Trust Company ("tender"), or order, In Ja~l money of the United States of America, the principal amount of Five Hundred Seventy Thousand & 00/100 Dollars ($570,000,00), together with interest on the unpaid principal balance from August 11, 1995, until paid In full. The interest rate will not increase above 12.000%. PAYMENT. Subject lo any payment changes resulting from changes in the IndeX, Borrower will pay this loan In accordance with the following payment schedule: 12 consecutive monthly principal and interest payments of $5,313.15 each, beginning September 11, 1995, with Interest calculated mi the unpaid 'principal balances at an Interest rate of 9,500% per annum; and 228 consecutive monthly principal and Interest payments in the initial amount of $$,64ti.47 each, beginning September 11, 1996, with Interest calculated on the unpaid principal balances at an interest rate of $.000 percentage points over the Index described below. Borrower's final payment of $6,64a.47 wlti be due on August 11, 2015. This estimated final payment Is based on the assumption that all payments wilt be made exactly as scheduled and that the Index does not change; the actual final payment wlti be.for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Borrower will pay Lender at Lander's address shown above or st such other place as Lender may designate in writing. Unless otherwise agreed or required by appticable law, payments will be applied first to accrued unpaid interest, then lo principal, and any remaining amount to any unpaid cofiestion costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change trom time to time based on changes in an independenl index which is the Monthly average of weekly average auction rates on United States Trassury Bills wJih a maludty of six months, (the "Index"). The Index is not nesesserily the lowest rate charged by Lender on its loans. If the Index becomes unavailable dudng the term of this Icao, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well The interest rate change will not occur more often than each year. The Index currently Is S.410% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forlh apove in the "Payment" section. NotWithstanding any other provision of this Note, the variable interest rate or rates provided for In this Note will be subject to the following maximum rate. NOTICE: Under no circumstances will the interest rate on this Note be more than the lesser of 12.000% per annum or the maximum rate afiowed by applicable [aw. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this tsan Will nut exceed 2.000 percentage points. Whenever increases occur in the interest rate, Lender, al its option, may do one or more of the following: (a) increase Borrower's payments to ensure Borrower's Joan will pay off by its original final matudty date, (b) increase Borrower's payments to cover accruin~l interest, (c) increase the number of Borrewer's payments, and (d) canfinue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT; MINIMUM INTEREST CHARGE. Borrower agrees thai ell loan fees and other prepaid finance charges are earned fully as of the date gl the loan and will not be subject to refund upon esriy paymenl [wheiher voluntary or as a result'of default), except as otherwise required by law. in any event, even upon full prepayment of this Note~ Borrower undemtands that Lender is entitled to a minimum interest charge of $10.00. Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments wilt not, unless agreed to by Lender Jn wdting, relieve Borrower of Borrower's obligation to continua to make payments under the payment schedule. Rather, they will reduce the principal balance due end may result in Borrower making fewer payments, DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower fails lo make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower faits to compty with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of cradiL security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person thai may materially affect any of Borrower's property or Borrower's ability to repay Ihts Note or perform Borrower's obligations under this Note or any of the Related Documents. (d) Any representation or statement made or turnished to Lender by Borrower or on Borrower's behalf is tatae or misleading in any material respect either now or at the time made or furnished. (e) Borrower dies or becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankrup!cy or insolvency laws. (f) Any creditor tries to take any ct Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any cf Borrower's accounts with Lender. (g) Any of the events described in this default section occurs with respect to any guarantor of this Note. (h) A matadal adverse change occurs in Borrower's Iinencisl condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (J) Lender in good faith deems itself insecure. LENDER'S RIGHTS. Upon dafaufi, Lender may, after giving such notices as required by applicable law, dectare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Lender may hire or pay someone else to help collect this Note if Borrower does not psy. Borrower also will pay Lender that amount. This includes, subject to any limits- under applicable taw, 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 iniunctien), appeals, and any anticipated post-judgment collection services. Jf not prohibited by applicable ~aw, Borrower also wil~ pay any court costs, in addition to all other sums provided by taw, If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at ihs interest rate applicable lo this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there ts a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania This Note shall be governed by and construed in accordance with fha laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual psssessory security interest 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 held jointly wilh someone else and all accounts Borrower may open in the future, excluding however alt IRA, Keogh, and trust accounts. Borrower authorizes Lender, to the exdent permitted by applicable Jaw, to charge or setoft ali sums owing On this Note against any and all such accounts. COLLATERAL. This Note is secured by a Modgage and an Assignment of All Rents dated August 11, 1995, to Lender on rea~ property located in EX]I]~B ~T "A" PROMISSORY NOTE Page 2 (Continued) Cumberland County, Commonwealth of Pennsylvania, ell 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 dghts o~ remedies under this Note without losing them. Borrower and any other person who signs, gosrantees or endorses this Note, to the extent allowed by Jaw, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressiy stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repestedty and for any length of time) this tosn, or release any party or guarantor or cotlaterel; or impair, fall to realize upon or perfect Lender's security interest in the collateral; and take any other actfon deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan v, dthout the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HERESY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A~-TORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT iN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR SORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WiTH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED iNTEREST, TOGETHER WITH COSTS OF SUIT, AND AN A'CI'ORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY IS,SUE IMMEDIATELY; AND FOR SO DOING, THiS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THiS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, SUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HERESY WAIVES ANY RIGHT E~ORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WiTH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT SORROWER HAS BEEN REPRESENTED BY LEGAL COUNSEL. 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, Donald E. Slike Rose Marie Slike LASER PRO, Reg. U.S, Pat, & T, M, Otf,, Var. 3,20 (c) 1995 CFI ProServices, Inc, Ail rights reset'ed. IPA-D20 SL IKE.L N C3,0VLI RE(~ORDATION REQUESTED BY: Financial Trust Company · One Wast High Street Carlisle, PA 17013 WHEN RECORDED MAIL TO: Financial Trust Company One West High Streel Carlisle, PA 17013 ?:ObbRI P.'ZIEOLE~ RECORDER OF DEEDS ¢;U,~4BEELAND COUNTY- PA '9,5 mi,; ll11 0'8 SEND TAX NOTICES TO: Donald E. Silks and Rose Marie Sitke P.O. Box 292 Cemp Hill, PA 17013 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED AUGUST 11, 1995, between Donald E. Slike and Rose Marie Silks, Fee simple, whose address is P.O. Box 292, Camp Hill, PA 17013 (referred to below as "Grantor"); and Financial 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 all of Grantor's right, title, and interest In and to the following described real property, together with all existing or subsequently erected er affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, end ways; etJ easements, dghts of way, all libedies, privileges, tenements, hereditements, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the revemions end remein~Jers with respect thereto; all water, water dghts, watercourses and ditch rights (including stock in utirilies with ditch or Irrigation rights); and other dghts, royalties, and profits relafiog to the real properly, including without limitation ali minerals, oil, gas, geothermal and similar matters, located in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"): see "Exhibit A" The Real Propertv or its address is commonly known as 608-612 East Simpson Street and 6896 Carlisle Pike, Mechanicsburg, PA 17055. Grantor presently assigns to Lender all of Grantor's dght, title, and interest in and lo air leases of Ihs Prepedy and all Rents from the Property. in addition, Grantor grants to Lender a Uniform Commercial Code eecudty interest in the Personal Properly and Rents. DEFINITIONS. The follovJing words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Modgage shall have the meanings attributed fo such terms in the Uniform Commercial Cede. AIl references to dollar amounts shall mean amounts in lawful money of the United States of Amerisa. Grantor. The word "Grantor" means Donald E. Sitke and Rose Marie Stike. The Grantor is the mortgagor under this Mortgage. Guarantor. The word "Guarantor" means and includes without limitation each and all of Ihs guarantors, sureties, snd accommodation padiss in connection with the indebtedness. Improvements. The word "improvements" means and includes without limitation all existing and future improvements, fixtures, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Modgage, together with interest on such amounts as provided in this Modgege. Lender. The word "Lender" means Financial Trust Company, its successors and assigns. The Lender is the mortgagee under this Mortgage. ~=~. Mortgage. The word "Mortgage" means this-Mortgage between Grantor and Lender, end includes without limitaficn all assignments and security c:, = interest provisions reJating to the Personal Properly end Rents. ~ Note. The word "Note" means the promissory note or credit agreement dated August 11, 1995, in the original principal amount of ;.',D $570,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and ~.~, substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. ~ Personal Property. The words "Pemonal Property" mean all equipment, fixtures, and other adicles of personal property now or hereafter owned ~ by Grantor. and now or hereafter attached or affixed lc the Real Properly; together with ell accessions, pads, and additions to, all replacements cf, c-~ and ell substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds end refunds of r~ premiums) from any sate or other disposition of the Property. (~- Property. The word "Properly" means collectively the Real Property and the Personal Property. ~ Real Property. The words "Real Property" mean the property, interests and rights described above in the "Grant of Modgage" section. Relaled Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements end documents, whether now er hereafter existing, executed in connection with the indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: EXHIBIT "B" MORTGAGE ~ Page 2 (Continued) PA~q~IENT AND PERFORMANCE. Except as otherwise provided In this Modgage, Grantor shall pay to Lender all amounts secerad by this Mortgage as they become due, end shell strictly perform all of Grunter's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grunter's possession and use of the flYopedy shall be governed by the followihg provisions: Poseeeston end Use. Until in default or until Lender exercises its dght to collect Rents as provided for in the Assignment of Rents form executed by Grantor in connection with the Properly, Grantnr may remain in possession and control of and operate and manage the Properly end collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Propedy in tenantable condition and promptly perform all repalm, replacements, end maintenance necessary to preserve its value. Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "ralesse," and "threatened re.se," as used in this Mortgage, shall have the same meanings as set forth in lhe Comprehensive Envirohmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments end Rseuthcdzstton Ac! of 1986, Pub, L. Nc. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et eeq., the Resoerce Conservation and Recovery Act, 49 U.S.C. Section 6g01, et eeq., or other applicable state er Feperal laws, rules, or regula~ona adopted pumuent 1o any of the foregoing. The terms "hazardous wesle" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by-products or any tracon thereof and asbestos, Granter represents and warrants to Lender that: (a) Dudng the pedod of Grunter's ownership of the Properly, there has been no use, generation, manufacture, storage, treatment, disposal, release ~ threatened release of any hazardous waste or substance by any person on, under, about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, excepl as previously disclosed to and acknowledged by Lender in wdting, ti) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release cf any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Prope~y or (ii) any actual or threatened titigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in writing, ti) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or retaase any hazardous waste or substance on, under, about or from the Properly and (ii) any such a~vity shall be conducted in compliance with all applicabta federal, state, and local laws, reguta§oes and ordinances, including without limitation those laws, regutations, and ordinances described above; Grantor authorizes Lender end its agents to enter upon the Property to make such inade~ons and testa, at Grunter's expense, as Lender may deem appropriate to determine compliance of the Property with this section of lhe Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only 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 Grunter's due dtiigence Jn investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) ralesses and waives any future claims against Lender tor indemnity or contribution in the event Grantor becomes liable for ctsanup er other costs under any such laws, and (b) agrees to indemnity and hold harmless Lender against any end all claims, Josses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting f~om a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior fo Granter's ownership er interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, inoludibg the obligation to indemnity, shall survive the payment of the indebtedness and the satisfaction and reccnveyanee cf the lien of this Modgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance ncr commit, permit, or suffer any stripping of or waste on or to the Properly er any portion of the Property. Without limiting Ihe generality ef the foregoing, Grantor will not remove, or grant ta any other party the right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the pdor whiten consent of Lender. Removal of Improvements~ Grantor shall not demolish or remove any improvements ~rcm the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to reptace such improvements with Improvements of al least equal value. Lender's Right to Enter. Lender end its agents end representatives may enter upon the Real Property at all reasonable times to atlend to Lender's interests and to inspect the Properly for purposes of Grunter's compliance with the terms and conditions of Ihis Mortgage. Compliance with Governmental Requirements. Grantor shall promptly ccmpty with all laws, ordinances, and regulations, now or hereafter in ~ effect, of all governmental authorities applicable to the use or occupancy of the Properly, JncIudibg without limitation, the Americans With ~..,,~ Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, ,,~.[, including appropriate appeals, so long as Grantor has notified Lender in wdting pdor to doing so and so long as, in Lender's sole opinion, ~ Lender's interests in the Properly are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably · -~ satisfactory to Lender, to protect Lender's interest. c-, Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts ~ set forth above in this section, which from the'charactar and use of the Properly ere reasonably necessary to protect and preserve the Property. ~:I~)UE ON SALE - CONSENT BY LENDER. Lender may, at its option, ,declare immediately due and payable all sums secured by this Modgege upon the Hie or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Properly. A "sate or ~'tl~csfer" means the conveyance of Real Properly or any right, title or irlterest therein; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leesehcid interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any lend trust holding title to the Real Property, or by any other method of conveyance of Real Property interest. If any Grantor is a corporation, partnership or limited liability company, transfer aisc includes any change in ownership of more than twenty-five percent (25%) of the voting stock, padnership interests or limited liability company interests, as the case may be, of Grantor. Hbwever, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania TAXES AND LIENS. The following provisions relating to the taxes end liens on the Property are a par[ of this Mortgage. Payment. Grantor shall pay when due (and in ell events prior fo delinquency) all /axes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shell pay when due all Claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of ali liens having pdodty over or equal to the interest of Lender under this Modgage, except fr~r the lien of taxes and assessments not due, and except es otherwise provided in the fofiowing paragraph. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's intereet Jn the Property is not jeopardized. If e lien arises or is flied es a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is flied, within fifteen (15) days after Grantor has notice cf the filing, secure the discharge of the Iien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient any contest, Grantor shalt defend itsetf and Lender and shall satisfy any adverse judgment before enforcement against the Properly. Grantor shall MORTGAGE Page 3 (Continued) ' name Lender as an additional obfigee under any surely bond furnished tn the contest proceedings. Evidence o! Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes Or assessments and st,ail authorize the appropriate governmental official to deliver to Lender at any time a wdttan statement ef the taxes and assessments against the Properly. Notice of Construction. Grantor shall notify Lender at least fi~tesn (I5) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, If any mechanic's lien, maiarlalmen's lien, or other lien could be asserted on account of the work, services, or matarlais and the cost exceeds $5,000.00. Grantor will upon request of Lender furnish lo Lender advance assurances satisfactory to Lender thai Grantor can and wfil pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pad of this Mortgage. Maintenance of Ineurallce. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full [nsurebfe value covering ail Improvements on the Real Properly in an amount sufficient to avoid application cf any co~nsarenoe clause, and with a standard mortgagee clause in favor of Lenper, Grantor shall also procure and maintain comprehensive general liability insurance In such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Addiflons. lly, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be wdttan by such insurance companies and in such form as may be reasonably acceptable to Lender. Granlor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written nctic~ to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in laver ct Lender will not be impaired in any way by any act, omission or defaufi of Grantor or any other person. Should the Real Property at any time become [casted in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federat Rood Insurance, to lhe extent such insurance is required by Lender and is or becomes available, for the term ct the loan and for the full unpaid principal balance of the loan. or Ihe maximum limit of coverage thai is availabts, whichever is less. Application of Proceeds. Granlor 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 ef loss if Grantor fails lo do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its election, apply the proceeds to the reduction of the Indebtadnsss, payment of any lien affecting the Property, or the 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 safistactory 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 cf the Property shall be used first to pay any amount owing to Lender under this Modgage, then to prepay accrued interest, and the remainder, E any, shall be applied to the principal balance of the Indebtedness. if Lender holds any proceeds after paymenl in full of the Indebtedness, such proceeds shall be paid to Grantor, Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser ct' lha Property covered by this Modgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property. Grentor'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 pdlicy of insurance showing: ia) the name of the insurer; (b) the risks insured; (c) the amount ct the policy; id) the property insured, the lhen current replacement value of such property, and the manner ct determining that value; and (a) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender dotal'mine the cash value rspfecement cost of the Property. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage, or if any action or proceeding is commenced thai would materially affect Lender's interests in the Proberty. Lender on Grunter's behalf may, but shaft 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 lhe Note [rom the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will ia) be payable on demand, (b) be added ts the balance of Note and be apportioned among and be payable with any installment payments to become due during either ii) the term of any applicable insurance policy or (ii) the remaining term of the Note, or {c) be [rseted as a balloon payment which wifi be due and payable at the Nora'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 curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE, The fcllowing provisions relating to ownership of the Property are a part of this Mortgage. Title. Grantor warrants that: ia) Granter holds good and marketable titfe of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description o~' in any title insurance policy, title report, or final ffife opinion issued in favor of, and accepted by, Lender in connection with this Modgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. -a,' Defense of Title, Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the ~"~ lawful claims cf al/persons, in the event any action or proceeding is commenced that questions Grunter's fitfe o.r the interest of Lender uncler this '"...~ Mortgage~ Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be ~ entitled to participate in the proceeding end to be represented in the proceeding by counsel of Lender's own choice, and Grantor wllJ deliver, or --~ cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. r'nc'~ Compliance With Laws. Grantor warrants that the Property and Grunter's use of the Properly complies with all existing applicable laws, ordinances, and regufefions of governmental authorities. ~NDEMNATION. following provisions relating condemnation of Properh/are a part of Mortgage. The to the this Application of Net Proceeds. Jf all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in tieu cf condemnation, Lender may at Its e~ection require thai alt or any portion of the net proceeds of the sward be applied to the indebtedness or the repair or restoration of the Properly, The net proceeds of the award shall mean the award a~er 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 te defend the action and obtain the award. Granlor may be the nominal party in such proceeding, but Lender shall be entitled to parttsipaie in the proceeding and to be represented in lhe proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time lc, permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees end charges are a pert of this Modgage: MORTGAGE Page 4 (Continued) current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lander's lien on Ihs Real Property. Grantor shell reimburse Lender for all taxes, ss described below, t~gether with alt expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording ar registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (a) a. spacitic tax upon this type of Mortgage or upon cji or any part of the Indebtedness secured by this Mortgage; (b) e 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 hcider of the Note; and (d) a specific tax on ell or any poCdon of the indebtedness or on payments of prlncipel and interest made by Grantor. Subsequent T~xes, If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default (as defined below), and Lender may mrercise any or all of its available remedies for an Event cf Default es provided below unless Grantor either (a) pays the lax before it becomes delinquent, or (b) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash er a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage. Security Agreement. This instrument shall constitute a security a9rsoment to the extent any of the Property constEutes fixtures or other personal property, and Lender shall have all OF the dghts of a secured party under Ihs Uniform Commercial Code es amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's secudty interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, tile 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 Property in a manner and at a place reasonably convenient to Grantor end Lender and make it avatiable to Lender within three (3) days after receipt ut written demand from Lender. Addresses. The mailing addresses of Graotor (debtor) and Lender (secured party), from which information concerning the securily interest granted by this Mortgage ma>' 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 further assurances end attorney-In-fect am a part of this Mortgage. Further Assurances. At an.y time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be tiled, recorded, refitad, or rerecorded, as the case may be, at such times and in such offices and ptsses as Lender may deem appropriate, any and all such mortgages, deeds of [rust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the scie 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 Mortgage, and the Rotated Documents, and (b) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unisss prohibited by law er agreed tO the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. Jf Grantor fails lo do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-tact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's scie opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. It Grantor pays all the Indebtedness when dus, and otherwise performs all the obligations imposed upon Granter under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgags and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and Ihs Personal 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, shell constitute an event of default ("Event of Detault") under this Mortgage: Detault on indebtedness. Failure of Grantor to make any payment when due on the Indebtedness, Default on Other Payments. Failure cf Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevenl filing of or to effect discharge of any lien. Compliance Default. Failura to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or in any of the Related Documents. o='~ Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, secudty agreement, purchase or c~ { sales agreement, or any other agreement, in tsvor of any other creditor or person that may materially affect any of Borrower's property or ~ Borrower's or any Grantor's ability Io repay the Loans or perform their respective obligations under this Mortgage or any of the Related ~.,~jFalee Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf ut Grantor under this Mortgage, the ~'~ Note or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. The death of Grantor or the dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, ~,the appointment of a receiver for any part of Granter's property, any assignment for the benefit of creditors, any type of creditor workout, or the r-,n commencement cf any proceeding under any bankruptcy or insolvency laws by or against Grantor. ;;~. Foreclosure, Forfeiture, eto, Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, salt-help, repossession or ~.3any other method, by any creditor of Grantor or by any governmental agency against any of the Properly, However, this subsection shall not apply ¢'.~n the evenl of a good faith dispute by Grantor as to the validity er reasonableness of the claim which is the basis of Ihs foreclosure or forefeitura proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves cra surely bond for the claim satisfactory to Lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied wilhin any grace pehod provided therein, including without limitation any agreement cancerning any indebtedness or other obligation of Grantor to Lender, whether exislJng now or later. Events Affecting Guarantor, Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. MORTGAGE Page 5 (Continued) ~ Adverse Change. A material edveme change occurs in Grentor's tinanciai condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith deems itself insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Evenl of Default and st any time thereafter, Lender, at ils option, may exercise any one or more of the futiowin9 rights and remedies, tn addition to any uther rights or remedies provided by Aw: Accelerate Indebtedness. SUbject to applie~ble Jaw, Lender shall have the right at its option without notice to Grantor to declare the entire indebtedness immediately due and payable. UCC Remedies. With respect Io all or any pad of the Personal Property, Lender shall have all the fights end remedies of a secured party under the Uniform Commercial Code. Cotleet Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts pest due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this tight, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Reefs are collected by Lender, then Grantor irrevocably designates Lender as Grantors attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and 1o negotiate the same end collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its dghts 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 take possession of alt or any part of the Properly, with the power to protect end preserve the Property, to operate the Propedy preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the indebtedness. The receiver may serve without bond if permitted by law. Lender's. right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the [ndebtedeess by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a j~dicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purp~ee of prncudng possession of the Property, Grantor hereby authorizes and empowers any attorney of any coud of record in the Commonwealth of F~ecnsylvania or elsewhere, as ettornay for Lender and all persons claiming under or through Lender, to sign an agreement for entedng in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess ~udgment against Grantor, and against all persons claiming under or through Grantor, for the recovaw by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any pdor wrJf or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any pert 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 of alt amounts received from the exercise of the rights provided in this section. Tenancy at Sufferarice. If Grantor remains in possession of the Property after the Properly is sold es provided above or Lender otherwise becomes entitled to possession of the Property upon defaull of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser cf the Properly and shall, et Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. Other Remedies, Lender shall have all other dghts and remedies provided in this Modgage or the Note or ava[fahfa at law or in equity. Sale of the Property. To Ihs extent permitted by applicable law, Grantor hereby waives any and ail right to have the propedy marshalled, in exercising its rights and remedies, Lender shall be free to self att or any pad of the Property together or seperatefy, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any pcdion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Properly is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Waiver; Election of Remedies, A waiver by any party of a breach of e provision of this Modgage shall not constitute a waiver cf or prejudice the party's rights otherwise to demand stdct 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 of Grantor under this Mortgage after failure of Grantor to pedorm shall net affect Lender's right to declare a defaclt and exercise its remedies under this Mortgage. Attorneys' Fees; Expenses. Jf Lender institutes any suit or action to enforce any ct the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at tdal and on any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Lender that in Lender's opinion ara necessary at any time for the protection of its interest or the enforcemeni of its rights shall become a pad of the Indebtedness payable on demencf and shall bear interest from the date of expenditure until repaid at the rate provided for in the Note. Expenses covered by this paragraph include, without tirsitaticn, however 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 for bankruptcy proceedings (including effods to modify or vacate any automatic stay or injunction), appeals and any anticipated post-judgment collection services, the cost of searching records, obtaining title repeals (including foreclosure reports), surveyors' reports, and appraisal fees, and title insurance, to the extent permitted by applicable taw. Grantor aisc will pay any court costs, in addition to ail other sums provided by law. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otharwice provided by applicable law, any notice under this Mortgage shall be in wilting, may be be sent by telefansimilie, and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first c/ess, regislered mall, postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any pady may change its address for notices under this Modgage by giving formal written notice to the other patios, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder cf 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. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understandiog and agreement cf the parties as to the matters set forth in this Modgage. NO alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the pady or parties sought to be charged or bound by the alteration or amendment. MORTGAGE Page 6 (Continued) · Annual Reports. If the Properly is used for purposes other than Grantors residence, Grantor shall furnish to Lender, upon request, a codified statement of net operating income received from the Property dudng Grantors previous tiscat year in such form and del~li es Lender shall require. "Net operating income" shall mean ail cash receipts from -~he Property less all'cash expenditures made in connection with the operation of the Properly. Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. This Mortgage shell be governed by and construed In accordance with the laws of the Commonwealth Of Pennsylvania. Capllon Headings. Caption headings in this Mortgage ere for convenience purposes only end are not ta be used to interpret or define the provisions of this Mortgage. 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 capacily, without the written consent of Lender, Mulllple Parties. All 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 Mortgage. Severabillty. If a eoufl of competent juriedicflon finds any provision of this Mortgage lo be invalid or unenforoeable es to any person er offending provision shaft be deemed to be modified to be within lhe limits of entorseabtitiy or vatidity; however, if the offencting provision canna! be so modified, it shall be stricken and all other provisions of this Mortgage in all other respects shall remain valid and enforceable. Successors and Assigns. Subject ta the limitations stated in this Modgaga on transfer of Grantor's interest, this Mortgage shall be binding upon and inure to the benefit of the payee, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice Ia Grantor, may deal with Grantor's sucoessors with reference to this Modgage and the Indebtedness by way of forbearance Or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time la of the Essence. Time Js of the essence Jn the pedormance of Ihis Mortgage. Waivers and Consents, Lender shell not be deemed Ia have waived any rights under this Mortgage (or under the Related Documents) unless such waiver is in writing 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 Mortgage shall not constitute a waiver of or prejudice the party's right otherwise to demand sldct compliance with that provision or any other provision. No pher weiver by Lender, nor any course of deCing between Lender and Grantor, shati constitute a waiver of any of Lender's rights or any of Grantors 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 ta subsequent instances where such consent ie required. EXHIBIT A. An exhibit, filled "Exhibit A," is attached to this Mortgage and by this reference is made e part et this Mortgage just as If all the provisions, terms and conditions of the Exhibit had been fully set forth in this Mortgage. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: x ......... Do'n~..Id E. SIIk~ Rose Marie Slli(e CERTIFICATE OF RESIDENC~E hereby certify, that the precise address of the modgagee, Financial Trust Company., h ~¢m~"isn is as follows: MORTGAGE Page 7 (Continued) INDIVIDUAL ACKNOWLEDGMENT Notarial Seat STATE OF ~.l ~/" .~ ~ ~ g*'.'.'.'.'.'.'.'.5~ ) Penny L' Crawl°rd' N°tary Public ,~ ~J'~.~ ./r"'~~o~/~'j~ .~ ) SS ~yN°~hComm ssionMIddle'°n T~,ExpiresCUmberla~CountYMarch 16, 1998 COUNTYOF I C~ ) M~, P~~gn ~ No~ On this, the ~ day of ~~ ,19 ~, before me~¢ / /~/.4~5/''~] undersigned No~ Public, pemo~ly appeared Don~d E, SIIke and Ro~ Marie Sllke, known t~e (or ~tactoflly proven) to names are subsc~bsd to the within instrument, and acknowledged that they executed the same fdr the~urposes therein contain~ Notae Pu ' n ~nd for the S~ of ~J~.//~/-, EXHIBIT A · '. ~:rinc,[pal . · i ~.oan Oat~. ! : ,Matprity 'r Loan No : Call ~. Collateral f. .,A'ccouM'... ': {..Offlcer'.i Initials ..................... ...... ' .... "-- ........ J Z...... '~.. ' ~ i JHB '~.. I'. ' '$$70,000,00 ":.! 08-11-2015 ~ . ; : ' '' ' .... ' "' '~ ' ' '"'t '~ferencea in the sha~ed area ere'for ~'e~de~'s use only and do not limit the spplicabtllb/cf this document to any padicular loan or Borrower: Donald E. Silks Lender: Financial Trust Company Rose Marie Silks Main Office P.O. Box 292 One West High Street Camp Hill, PA 17013 Carlisle, PA 17013 This Exhibit A is attached to and by this reference is made a part of each Deed of Trust or Mortgage, dated August 11, 1995, and executed In connection with a loan or other financial accommodations between Financial Trust Company and Donald E. Slil~e and Rose Marie Sllke. THIS EXHIBIT A IS EXECUTED ON AUGUST 11, 1995. BO,~W ER: . ~ x · ,,~.~,~:.:,~ ...'. :*~f ................ ~ .................. Rose Marie SIIke LENDER: Authorized Officer 127B PAGE ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the legal right-of-way line of East Simpson Street at the northwest corner of other lan&s now or formerly of Wilbur H. Fought, et al.; thence extending along the right-of-way line of East Simpson Strest, North 65 degrees 11 minutes East, 81.66 feet to the point of intersection of said right-of-way line of East Simpson Street with the rightL of-way line extended of a proposed street to be known as Apple Drive; thence extending along the right-of-way line of said Apple Drive, South 24 degrees 46 minutes East, 119.72 feet to a point; thence by the same in a southeasterly direction, by the arc of a circle, curving to the left, said circle having a radius of 132 feet, the arc distance of 61.10 feet to a point; thence extending along the line of other lands now or formerly of Wilbur H. Fought, et al. of which this was a part, South 66 degrees 06 minutes West, 98.55 feet to a point marked by an iron pin in the southeast corner of o[her lands of Wilbur H. Fought, et ux. aforementioned; thence extending along the line of said other lands now or formerly of Wilbur H. Fought, et ux., North 23 degrees 48 minutes West, a distance of 177.13 feet to a point at the southern right-of-way line of East Simpson Street, the point and Place of BEGINNING. BEING premises known as 608-612 East Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which Handy Markets, Inc., a Pennsylvania cgrporation, by its deed dated September 30, 1988 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book P-33, P&ge 79, granted and conveyed unto Donald E. Slike and Rose Marie Slike, his wife, Mortgagors herein. 5 12'76 630 TRACT NO. 1: ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin in the southerly limit of the right- of-way line of U.S. Route it westbound (L.R. 34 westbound); thence by lands now or formerly of Farmers Trust Company, South nineteen degrees fifty-eight minutes East (S 19° 58' E), 312.87 feet to an iron pin in the line of lands now or formerly of Thomas C. Sunday and Sherryl A. Sunday; thence by lands of the same, South seventy-two degrees twenty-eight minutes fifteen seconds West (S 72° 28' 15" ~), 365.26 feet to a pin in the line of lands now or formerly of Richard W. Snyder; thence by lands of the same and lands now or formerly of E.U.B. Church of New Kingstown and lands now or formerly of Marlan Fenicle, North twenty-three degrees zero minutes West (N 23° 00' W), 391.52 feet to an iron pin in the southerly limit of the right- of-way line of U.S. Route 11 westbound (L.R. 34 westbound); thence by same in an easterly direction by a curve to the right, having a radius of 2,784.79 feet, an arc distance of 338.88 feet to a point in said right-of-way; thence by same, North eighty-six degrees thirty-nine minutes twenty seconds East (N 86° 39' 20" E), 58.28 feet to the Place of BEGINNING. BEING Lot No. 2, of the hereinafter mentioned Plan of Lots. Being known and numbered as 6896 Carlisle Pike, Mechanicsburg, Pennsylvania. The aforementioned description is made in accordance with the survey made by John C. Brilhart, Registered Surveyor, dated June 8, 1983 and revised August 24, 1983. Said survey is recorded in Cumberland County Plan Book 44, Page 111. TOGETHER with a 15 foot wide right-of-way located along the eastern boundary of other lands of Thomas C. Sunday and Sherryl A. Sunday, husband and wife (of which the tract herein conveyed was once a part), for public sewer, water 'and gas lines. The construction for and maintenance of such lines shall be the responsibility of the Grantees herein. TRACT NO. 2: ALL THAT CERTAIN lot of ground situate in the Townshi,p of Silver Spring, County of Cumberland, and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the Public Road extending northward from the State Highway, formerly known as Harrisburg, Carlisle and Chambersburg Turnpike, to the Conodoguinet Creek, at corner of lands now or formerly of Lloyd A. Bender and Alice H'. Bender, his wife, said point being 91 feet northward from the northeast intersection of a 14 foot wide alley with the aforementioned Public Road; thence along lands now or formerly of said Lloyd A. Bender and Alice H. Bender, his wife, North sixty-seven and one-half degrees East (N 67½0 E), 168 feet to line of lands now or formerly of Charles W. Sunday; thence along line of lands now or formerly of said Charles W. Sunday, North twenty-two and one-quarter degrees West (N 223° W), 582.2 feet to a post; thence by line at right angles to the Public Road aforementioned, South sixty-seven and one-quarter degree~ West (S 67~° W), 168 feet to an iron pin in the center line of said Public Road, South twenty-two and one-quarter degrees East (S 22~° E), 580.3 feet to a point, the Place of BEGINNING. EXCEPTING, nev,ertheless, from Tract No. 2 above described, the public and private rights in the roadbed of North Locust Point Road and the public and private rights in the roadbed of U.S. Route 11 West, as granted by instrument dated March 16, 1967, and recorded May 1, 1967, in Cumberland County Misc. Book 177, Page 366. EXCEPTING further from the above described Tract No. 2 all the land lying north of the center line of the westbound section of U.S. Route 11, which was conveyed by David S. Johnson and wife, to Robert E. Deihl and wife, by deed dated October 18, 1985 and recorded November 18, 1985 in Cumberland County Deed Book P, Volume 31, Page 236. BEING the same premises which GBBG Associates, partnership, by its deed dated April 30, 1987 and recorded on May 1, 1987 in the Office of the Recorder of Deeds of Cumberland County in Deed Book Q-32, Page 95, granted and conveyed unto Donald E. Slike and Rose Marie Slike, his wife, Mortgagors herqin. of Ponnsy~vsnia } SS m~'/of Cumbertand :o~-d~d in the ~ice for the recording and f~ Cum~rland CounW,~~ ~ my hand an¢,sea~ of off}c~ of.. 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 unsworn falsification to authorities. Dated: April 28,2004 396644vl 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. 04-1960 Civil Term PRAECIPE TO THE PROTHONOTARY: On behalf of Plaintiff, we hereby discontinue this ~mortgage foreclosure action. Llo, I/d R. PNo. 10/ii~n' Esquire Metre, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: September 7, 2004 401901vl