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HomeMy WebLinkAbout04-1961MANUFACTURERS 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 1N 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 pot abogado y presentar en la Cone 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 notiflcaci6n 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 DIRECCIC)N 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. Oq~ /q(~ ! 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. Plaintiffis 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 amount 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 Plaintiff as Lender and recorded on September 1, 1993 in the Cumberland County Recorder of Deeds Office in Mortgage Book 1161, Pages 440 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 424 North Baltimore Street in the Borough of Mt. Holly Springs, 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. Plaintiffin 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 $1,062,455.22 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 17,032.57 Attorneys' fees and expenses to 4-28-04 13,166.59 Total $1,062.455.22 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 Com't enter Judgment in Mortgage Foreclosure in its favor and against Slikes in the mount of $1,062,455.22 plus all costs and attorneys' fees and expenses incurred after April 28, 2004, interest after April 28, 2004 at the rate of 1.0% l~er 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, Lloyd ~. Persun, Esquire Mette~ Evans & Woodside 340¥N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff PROMISSORY NOTE References in "~e shaded area are for Lender's use only and de not limit the ancJicabili/), ct Ihis document to any padicutar loan or item. Borrower: Donald E. Sgke . ..j~d'se Marie Sitka ~"~ //P.O. BOX 292 Camp Hill, 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. $1ike and Rose Marie Stike ("Borrower") promise to pay to Farmers Trust Company ("Lender"), or order, in iswful meeey of the Untied Slates of America. the priecical alOUd1 of One Mdiion Nme Hundred Fifty Thousand & 00/10o Dollars ($1,e$0,000.00), together wild interest on the unpaid principal balanca from Seetember 1, 1993. until paid in full. The interest rate wid not increase above 1t .000%. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance wlth the following payment schedule: 12 consecutive monthly ~rincipal and interest payments ct s15,709.07 each, beginning October 1, 1993, with interest calculated on the unpaid principal balances at an interes[ rate of 7.500% per annum; and 228 consecutive monthly principal and Jntereat payments in the initial amount of $15,709.07 each, beginning Oclober 1, 1994, with interest calculated on the unpaid principal balances at an Interest rate of 1.000 percentage points over the Index cieseribed below, Borrower's final payment wtlJ be due on September 1, 2013 and will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under thta NOte. interest on this Nota is comduteo on a 30/360 simpis interesl basis: that is. with [ne excaotion of odd days Jn the first paymem period, monthly intarasl is caiculaled Oy applying the ratio of tde annual interest ,'ale over a year of 360 days, muItipfied b) the outslanding odncipal balance, multiplied by a month of 30 days. miereet for the odd days is calculated on the basis of the actuai days lo Ina next tull month and a 360.-day year. Borrower will pay Lender e[ Lender's address shown aoove or at sucn omar p~aca ss Lender may oeelgnala m writing_ .Unisss otherwise agreed or reouired by apOtlcaole taw. payments will De applied first to accrued unpaid intarast inert lo principal, ant any remammg amount to any uncaid collection costs and late charges, VARIABLE INTEREST RATE. The interest rate on this Note is subject [o change from time id time baser on cnanges in an index which is the Farmers Trust Company Base Rate ',the *index"). The Index is ecl necassadl., the lowest rate charged by Lender on ils loans and is eel by Lender in its cote discretion. If the Index.becomes unavailable dudng the term of this ICad, Lender mai designate e substitute index after noti~ng Borrower. Lender wifi tell Borrower lee current Index rata uooa Borrower's reouest. Borrower Jnearstands that Lender may make loans based on o'[der rates as welt. The interest tale ccangewill eot occur more often than each year. The Index currently is 8.500% per annum. The interest rate or rates to be applied Io the unpaid principal balance of this Note will be the tale or rates eat forth above in the "Payment" s~ction. Notwithstanding any other provision of this Note, ~he variable interest rate or rates provided for in thfs-aNate will be subject to the following maximum rate. NOTICE: Under no circumstances will the interest rate on this Note be more than the esser ct 11.000% Der annum or the maximum rate altowee Dy applicable [aw. No[withstanding the adore provisions, the maximum increase or decrease in the reforest rate at an; one time on this loan will not exceed 2.000 carcemage points. Wheqever increases occur in the interest rate, Lender, at its option, may do one or more of me following: (al increase Borrower's payments to ensure Borrower's loan will pay off oy its odgical fine matudty dale, (bi increase Borrower's caymems to cover accruing interest, increase the number of Borrower's cayments, end (dj continue Borrower's payments al the same amount and increase Borrower's final Payment. PREPAYMEN'[; MINIMUM INTEREST CHARGE. Borrower agrees inet all loan fees and other craoaid finance charges ara eemed fully as of the date ef the loan and wit[ not De subjecl to refund upon eedy payment (whether voluntary ar as a resutt pi default), except as other,vise raouired by law. any event, even upon full prepaymen] of this Note. Borrower understands that Lender is entitled to a minimum interest charge of $10.00. Other than Borrower's obligation to pay any minimum interest cdarge. Borrower may pay without senalty all or EL Donjon of the amount owed eedtar than il is due. Early payments wil dol. umess agreed lo by Lender in wdtJng, relieve Borrower of Borrower's oMigatien to continue lo make paymems under the payment schedule. Rather. may will reduce Ina principal balance due and ma~, result in Borrower making fewer payments. DEFAULT. Borrower wifi be in default if any of the following haeoens: (al Borrower fcic to maae any paymem When cue. (b~ Borrower breaks any promise Borrower has mace to Lenoer. or Borrower fails to oedorm promptly al me I~me and stdcfiy n Ina manner DrOV~ded in this Note or any agreemenl related to this Note· or in any older agreement or Icad Borrower has with Lender. lc) Borrower defaults under any moan, extension of credit, security agreement, c Jrcnase or Sales agreemem, or any omar agreement in favor of any dinar cradltor or person tnal may matedalb affect amy of Borrowers ~reeedy or Borrower's ability to repay this Note or aedorm Burrower's obligations under this Note or any of the Related Documents. (dj Any representation or statement mede or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any matedeJ respect. Borrower dies or becomes insolvent a receiver is appointed for any Dan of Borrower's proper[y, Borrower makes an easignmem for the benefit of credilors, or an/proceeding is commenced either by Borrower or agalnsl Borrower under any DanKruo[cv or i0solvency laws. (f) Any creditor ides to take any of Borrower's propel/on or '~ which Lender nas e lien or secUrllv interesL This includes a garnishment of any of Borrower's accounts with Lenear. (gl An:, of the events described in this default saclion occurs with respect to any guarantor of this NOte. th; Lender in good faith deems itself insecure. LENDER'S RIGHTS. upon defau)L Lender m&z declare the entire unpaid adecipal batance on this Note and all accrued uncaid interest immediate]~ due. withou~ notice, and lhen Borrower will pay Ihat amount. Lenear may hlra or pay someone else Io held collect this Note if Borrower does not pay. Borrewer a~so wifi pay Lender thai amoum. This includes, suujecl Id an) fimits under aoolicabla law Lender's attorneys' fees and Lender's lega expenses whelher or not there is a lawsuit, ~hcludmg attorneys' fees and legal expenses tot bankruptcy proceedings {inciudmg efforts to modify or vacate any automatic stay or injunction), appealS, and anv anticipated post-judgmenl collection services. It nol prohibited by Applicable law. Borrower alSO wi pay any court costs in addition to all other sums provided by law. If judgment )s entered in connection with this Note. interest will continue to accrue on ihis Nolo after judgment a[ me interest rate aPohcable to this Nola at Ihe time judgment is entarad. This Note has been delivered to Lender and accepled by Lender in the Commonweallh of Pennsylvania. If Ihere is a lawsuit, Borrower agrees upon Lender's requesl to submit lo the jurisdiction of the courls of Cumber[and County, the Commonwealth of Pennsylvania. This NOlO shall be governed by and construed in accordance with the laws of the Commonweallh of Pennsylvania. CONFESSION OF JUDGMENT. Borrower noraD) irrevocably authorizes and empowers any attorney or the Prothonotary or Clerk of any Coud 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 hied, 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 attorney's commission of ten percent (10%) of the unpaid principal batanca and accrued inlerest for collection, but in any event not lees than Five Hundred Dollars ($500); and for so doing, this Note or a copy ol this Note vedfied by aftidavil shall be sufticienl weLrranL The aulhority granted in this Nolo to cohtass judgment against Borrower shall no[ be exhausted by.amY exercise of that authority, but shall conlinue from lime to.time and al all '~X~[BIT "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 security interest in, and hereby assigns, conveys, delivers, pledges, and trensfers to Lender all Borrower's right, title and inlerest in and to, Borrower's accounts with Lender (whether checking, s~vings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however ell IRA, Keogh, and trust accounts. Borrower authorizes Lender, to the extent permitted by applicable law, 1o charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by, in addition to any other collateral, a Modgage and an Assignment of All Rents dated September 1, 1993, to Lender on reet property located in Cumbedand County, Commonwealth of Pennsylvenia, a Modgage and an Assignment of All Rents dated September 1, 1993, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, a Modgage and an Assignment of All Rents dated September 1, 1993, to Lender on real properly Iocaled in Franklin County, Commonwealth of Pennsylvania, and a Modgage and an Assignment of All Rents dated September 1, 1993, to Lender on real properly located in Cumberland County, Commonweelth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a pad of lhis 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 Ihis Note, to the extent allowed by law, waive presentment, demand for payment, protesl and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in wdting, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such padies agree that Lender may renew or exlend (repeatedly and for any length of time) this loan, or release any pady or guaranlor or collateral; or impair, fail to realize upon or pedect Lender's secudty interest in the collateral; and take eny other action deemed necessary by Lender without the consent of or notice to anyone, All such padies also agree that Lender may modify this lean 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 If any podion of this Note is for any reason determined to be unenforceable, it will no/affect the enforceability of ,~ny 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. ~/\-~' Donald E. Sgke Rose Marie Sgke LASER PRO, Reg. U.S. Pat. & T.M, eli., Vet. 3.1642 (c) 1993 CFI ProServices, Inc. AI~ rights reserve d, [PA-020 SLIKE2.LN C3,OVL] 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 ROBERT ?.ZLGLLR RECORDER OF DEEDS CUMSERLAND COUNTY-PA '93 1 12 33 SEND TAX NOTICES TO: Donald E. Sitka and Rose Marie Slike P.O. Box 292 Camp Hill, PA 17013 SPACE ABOVE THIS LINE IS FOR RECGRDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED SEPTEMBER 1, 1993, between Donald E. Slike and Rose Marie Slike, Husband and wife, whose address is P.O. Box 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 all of Grantor's right, title, and interest in and 1o the fofiowing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all slreets, lanes, alleys, passages, and ways; all easements, rights of way, all iibedies, priviloges, tenements, hereditaments, and appurtenances thereunlo belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water water rights watercourses and ditch rights including stock in utilities wilh ditch or irrigation rights); and all Other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, ocated in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"): Borough of see "Exhibit A" Recorded in Deed Book 50-J, Page 705, Mt. Holly Springs The Real Property or its address is commonly known as 424 NOrth Baltimore Street, Mt Holly Springs, PA 17065. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Unitorm Commercial Code security interest in/he Personal Properly and Rents. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage 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. Slike and Rose Marie Slike. The Grantor is the mortgagor under this Modgage. Guarantor. The word "Guarantor" means and includes without limitation, each and all of the guarantors, sureties, and accommodation parties 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 Rea[ Property. Indebtedness. The word "Indebtedness" means afl 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 Ibis Mortgage, 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 Mortgage. Mortgage. The word "Modgage" means this Modgage between Grantor and Lender, and includes without limitation all assignments and security interest provisions relating to the Personal Property and Rents. Note. The word "Note" means the promissory Role or.credit agreement dated September 1, 1993, ill the original principal amount of $1,950,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, retinancings 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 "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; logether with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property, The word "Property" means collectively/he Real Property and the Personal Property. Real Property. The words "Real Properly" mean the property, interests and dghts described above in the "Granl of Mortgage" section. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, guaranties, security agreemenls, mortgages, deeds of trust, and all other ins~-Jments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means ale present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Progsrt,. g'oo 1161 440 THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, tS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THiS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGA~j.~I~.~N ~,~ ACCEPTED ON THE FOLLOWING TERMS: MORTGAGE Page 2 (Continued) PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay 1o Lender all amounts secured by this Modgage as they become due, and shall stdctly perform a~l of Greeter's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Greeter's possession and use of the Property 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 collect lhe Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. The terms "hazardous waste," "hazardous subslance," "disposal," "release," and "threatened release," as used in this Modgage, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liabitity Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorizaticn Act of 1988, Pub. L. NO. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Consarvalion and Recovery Act, 49 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste" 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 ownemhib of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, or about the Property; (b) Grantor has no knowledge of, er reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, ri) any use, generation, manufacture, storage, treatment, disposal, re[ease, or threatened release of any hazardous waste or substance by any prior owners or occupants of the Property or (ii) any aclual or threatened litigation or claims of any kind by any person relating lo such matters; and (c) Except as previously disc~eeed to and acknowledged by Lender in wdtJng, ri) neither Grantor nor any tenant, contractor, agent or other 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 Property and (ii) any such activity shall be conducted in compliance with all applicable federat, state, and local laws, regulations and ordinances, including without limitation those taws, regulations, and ordinances described above. Grantor authedzes 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 Property with this section of the 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 pemon, The representations and warranties contained herein are based on Granlor's due diligence in investigating the Properly 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 Modgage er as a consequence ct any use, generation, manufacture, storage, disposal, releese or threatened release 6ceerring prior to Grantor's ownership or interest Jn the Property, whether or not fha same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or other,vise, Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of 1he foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerais (including oil and gas), soil, gravel or rock products without the prior written consent of Lender. Removal of improvements; Gran~or shall not demolish or remove any Improvements from the Real Property without the pdor written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at al/ reasonable times to attend 1o Lender's interests and lo inspect the Property for purposes of Greeter's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptty comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable fo 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 regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to peel adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. 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 character and use of the Property are reasonably necessary to protect and preserve the Properly. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this upon lhe sale or transfer, without the Lender's prier written consent, of all or any part of the Real Property, or any interest in the Real Properly. A "sale or lransfer" means the conveyance of Real Property or any righL title or interest therein; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contrecl for deed, leasehold interest with e term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer Of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of Real Property interest. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, ot Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pe0nsylvania law. TAXES AND LIENS. The following provisions relating fo the taxes and liens on the Property are a part of this Modgage. [~OD~ ~[ ~_ (~. ¢.~0~ '4'~ Payment. Grantor shall pay when due (and in afl events prior to delinquencyJ all taxes, payroll taxes, specter taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due afl claims for work done on or for services rendered or material furnished to the Property. Granter shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Mortgage, except for the lien of taxes and assessments nol due, and except as otherwise provided in the following 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 interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Granter has nettce of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surely bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. tn any contest, Grantor shall defend itself and Lender and sha~l satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender salisfectory evidence of payment 0f 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 al least fifteen (15) days before any work is commenced, eny services ere furnished, or any materials are supplied fo the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account ct the work, servicas, or materiels and the cost exceeds $5,000.00, Grantor will upon request of Lender furnish to Lender advance assurances sefisfaetory to Lender that Grantor can and will pay the cost of such improvements, PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring Ihe Property are a part of this Mortgage. Maintenance of Insurance. Grantor shall procure and maintain policies o1 fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer conlaining a stipulation thai coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice Io Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Should the Real Property af any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, 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 o1 any lass 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 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 Indebtedness, 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 satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor 1rom the proceeds for the reasonable cost of repair or restoration if Grantor is no~ 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 Properly shall be used first to pay any amount owing to Lender under this Mortgage, then to prepay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any prcceeds alter payment 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 of the Property covered by this Mortgage at any trustee'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 roped on each existing policy o1 insurance showing: (a) the name of the insurer; (b) the risks insured; (c) the amount of the policy; (d) the property insured, the then current replacement value of such properly, and the manner of determining that value; and (e) the expiration date of Ihe policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value reptacament 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 Greeter'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 lhe 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 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 il otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership 01 the Property are a part of this Modgage. Title. Grantor warrants that: (a) Grantor holds good and marketable title ct 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 report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Modgage, and (b) Grantor has the full dght, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Properly against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Greeter's expense. Grantor may be the nominal pady in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such pedicipafion. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Properly complies with all existing applicable laws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation Of the Property are a part of this Mortgage. Application of Nel Proceeds. If all or any part of the Propedy is condemned Py eminent domain proceedings or by any proceeding or purchase in lieu Ct condemnation, Lender may et its election require that all or any portion o1 the net proceeds of the award be applied to the Indebtedness or the repair or restoration o1 the Property. The net proceeds of the award shall mean fha 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 lo 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 requested by it from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental laxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Granter shall execute such documents in addition to this Modgage and take whatever other action is requested by Lender to perfect end 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, perfecting or continuing this Modgage, 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 Indebtedness secured by this Mortgage; (b) a specific lax 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 Modgage chargeable against the Lender or the holder of the Nolo; and MORTGAGE Page 4 (Continued) rd) a specific tax on all or any portion et the Indebtedness or on payments el principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacled 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 of 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 seclion 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 security agreement to the extent any of the Properly constitutes fixtures or olher personal property, and Lender shall have all of the rights of a secured pady under the Uniform Commercial Code as 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 1o perfect and continue Lender's security 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, file executed counterparts, copies or reproduclions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing Ibis security interest. Upon default, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenienl to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender. Addresses. The matting addresses of Granlor (debtor) and Lender (secured party), from which information concerning the secudty 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 further assurances and attorney-in-fact are a part of this Mortgage. Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or wilt cause to be made, executed er delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, raffled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such modgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of fudher assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Grantor under lhe Note, this Modgage, and the Related Documents, and (b) the liens and security interests created by lhis Mortgage as first and prior liens on the Property, whether new owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shal~ reimburse Lender for all 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 so for and in the name of Grantor and at Grantor's expense. For such purposes, Granter hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, 1o accomplish the matters referred lo in the preceding paragraph, FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suilable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Properly. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. DEFAULT. Each of lhe following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Modgege: Default on Indebtedness. Failure 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 cf any lien. Compliance Defaull. Failure to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or in any o¢ the Retated Documents. Breaches. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Modgage, the Note or the Related Documents is, or at the time made or furnished was, 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 (if Grantor is an individual) also shell constitute an Event of Default under this Mortgage. Foreclosure, Forfeilure, 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 Property. 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 Ihe basis of the foreclosure or forefeiture proceeding, provided that Grantor gives Lender written no~ice ol such claim and furnishes reserves or a surety 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 within any grace pedod provided therein, including wilhout limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the tndebtedness or such Guarantor dies or becomes incompetent. 443 Insecurity. Lender in good faith deems itself insecure. 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 righls or remedies provided by law: Accelerate Indebtedness. Subject to applicable [aw, Lender shall have the righl at its option without notice to Grantor to declare the entire tndebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness, In furtherance of this dght, Lender MORTGAGE Page 5 (Continued) may require any tenant or other user et the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Granter irrevocably designates Lender as Grentor's attorney-in-facl to endorse instruments received in payment thereof in the name of Grantor and fo negotiate the same and collect the proceeds. Payments by tenants or other users Io Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for fha 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 righl to have a receiver appointed to take possession of all or any pad of fhe Properly, with the power to prelect and preserve the Property, to operete the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond Jf permitted by law. Lender's right fo the appointment of a receiver shatl exist whether or not the apparent value of the Property exceeds lhe Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver, Judicial Foreclosure. Lender may obtain e judicial decree foreclosing Grantor's interest in all or any pad o1 the Properly. Possession of the Property. For the purpose of procuring possession of ihe Properly, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and ~ll persons claiming under or through Lender, to sign an agreement for entering in any competent coud an amicable action Jn ejeclmenf for possession of the Properly add to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Modgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any pdor writ or proceeding whatsoever. Nonjudicial Sale. [f permitted by appticable 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 of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. ff 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 default of Grantor, Grantor sha~l become a tenanf at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either {al pay a reasonable rental tot the use of the Property, or (bi vacate the Property immediately upon the demand of Lender. Other Remedies, Lender shall have alt other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable taw, Grantor hereby waives any and all dght to have the properly marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion ct 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 Property is to be made. Unless otherwise required by applicable law. reasonable notice shall mean notice given et least ten (10) days before the time of the sale or disposition. Waiver; Election of Remedies. A waiver by any pady o1 a breach of a provision of this Modgage shall not constitute a waiver of or prejudice the party's dghts otherwise to demand strict compliance with that provision or any other provision. Election by Lender fo 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 Granlor under this Modgage affer failure of Grantor to perform shall not affect Lender's right 1o declare a default and exercise ifs remedies under this Modgage. Attorneys' Fees; Expenses, If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled fo recover such sum as the court may adjudge reasonable as attorneys' fees, at triat and on any appeal. Whether or net any coud action is involved, all reasonable expenses incurred by Lender that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest from the date of expenditure until repaid al the Note rate. Expenses covered by this paragraph include, without limitation, however subject fo 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 effads to modify or vacate any automatic stay or injueefion}, appeals and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure repeals), surveyors' reports, and appraisal fees, and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Modgsge shall be in writing and shall be effective when ectually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United Steles 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 to the other parties, specifying tho the purpose of the notice is to change the party's address. A~I copies of notices ct forectesure from the holder of any lien which has pdorify 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 ail times of Grantor's current address. M~~CELLANE~U~PR~V~~~~Ns~Thef~~~~wingmisce~la~e~~spr~~isi~nsareapart~fthisM~rtg~ge~ ~0~1~6~[ P*o 444 Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the pa~tes as tc the matters set forth in this Mortgage. No alteration 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. Jf the Property is used for purposes other than Grantcr's residence, Grenfor shsll 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 the Properly less all cash expenditures made in connection with the operation of the Property. Applicable Law. This Morfgage has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. This Morfgage shall be governed by and conslrued in accordance with the laws of the Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest er estate in the Property at any time held by or for the benefil of Lender in any capacity, without the written consent of Lender. Multiple Parties. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each end every Grantor. This means that each of the pemons 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 prevision invalid or unenforceable as to any other persons or circumstances. If feasible, shy such offending provision shall be deemed ~o be modified to be wifhin the fimits st enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions cf this Mortgage in all 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 Mortgage 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 vesied in a person other than Grantor, Lender, without notice to Granter, may deal with Grantor's successors 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 Is of the Essence. Time is ct the essence in the performance of this Mortgage. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Modgege (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 shaft operate as a waiver of such right or any other right. A waiver by any party ct a provision of this Modgage shall not constitute a waiver of or prejudice the party's dght 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 shaft not constitute continuing consenl to subsequent instances where such consent is required. EXHIBIT A. An exhibit, titled "Exhibit A," is attached to this Mortgage and by this reference is made a part of this Mortgage just as if all the provisions, terms and conditions of the Exhibit had been fully set fodh in this Mortgage. C': An exhibit, tit/cd "c," is attached to /his Mortga~e~is~eferenCe~s~l~ddu ~ p~d ut thb Mully,~g~ just ~ ;[ ~ll thu pmuvi~;umm~, tum,~ d~md ~ndilion2 of thc Exhibit had b~ully 3ct fodh in thi~H9~ Rose Marie Slike Signed, acknowledged and delivered in the presence of: Witness X Witness CERTIFICATE OF RESIDENCE I hereby cedih/, that the precise address of the modgagee, Farmers Trust Company, herein is as follows: One West High Street, Carlisle, PA 17013 /? INDIVIDUAL ACKNOWLEDGMENT On this day before me, the undersigned Nolaw Public, perso~lly appeared Donald E. Sitka and Ro~ Marie alike, to me known to be the individuals described in an~.~uled the Mortgage, and acknow~dged that they signed th~ Mortgage as their free and voluntaw ecl and deed, for the uses and purpos~'t~flf~ed / / ~ ~ ~ ~ Nota~c.~n~;t~. State of My commission expires EXHIBIT A References in the shaded area are for Lender's use only and do not limit the applicability of this document ID any padicular loan or item. Borrower: Donald E. Slike Lender: Farmers Trust Company Rose Marie Slike Main Office P.O. Box 292 One Wesl High SIreet Camp Hill, PA 17013 CarlisJe, PA 17013 This EJchibit A is attached to and by |his reference Is made a pad of each Deed of Trust or Modgage, dated September 1, 1993, and executed In connecl[on w[[h e loan or other financial accommodations between Farmers Trust Company and Donald E. Slike and Rose Made Slike. ALL: THAT CERTAIN tract or parcel of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a railroad spike at the corner of Mountain Creek Alley and Mill Street; thence along the North side of Mill Street South 87 degrees 20 minutes 00 seconds West, 149.49 feet to a railroad spike; thence by ~'n arc to the right at the intersection of Mill Street and Baltimore Avenue, having a radius of 33 feet, an arc distance of 52.80 feet to a railroad s~ike; thence along the eastern side of Baltimore Avenue North 011 degree 00 minutes West, a distance of 98.49 feet to a point; thence along property now or formerly of Veryl R. Laughlin, North 8~ degrees 48 minutes 50 seconds East, a distance of 184.46 feet.;to~ an iron pin in Mountain Creek Alley; thence along Mountain Creek Alley South 01 '-~'degree 00 minutes 00 seconds East a distance 6f 147.00 feet to a railroad spike at the corner of Mountain Creek Alley and Mill Street, the place of BEGINNING. , ~.~ . CONTAINING .58 acres, andlbeing in accordance with a survey of Gerrit J. Betz Associates, Inc., dated September 14, 1983. This property'is collateral for the entire amount of the mortgage along with or.her mortgages 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 $285,000.00. THIS EXHIBIT A IS EXECUTED ON SEPTEMBER 1, 1993. BORROWER: Donai~E. Slike ............. Rose Marie SlJke LENDER: 1161 PACE 446 VERIFICATION I, Keith P. Mangan, as an Assistam 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 gS, 2004 396711vl MANL~ACTURERS 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 DOCKET NO. 04-1961 Civil Term PRAECIPE TO THE PROTHONOTARY: On behalf of Plaintiff, we hereby discontinue this mortgage foreclosure action. 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 401902vl