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HomeMy WebLinkAbout09-1129IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff No. 04 l Vs. ROBERT H. BLACK and, PAMELA R. BLACK, Defendants Action in Mortgage Foreclosure NOTICE TO DEFEND 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 relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-299-3166 or 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, 9 !> Plaintiff vs. ROBERT H. BLACK and PAMELA R. Action in Mortgage Foreclosure BLACK, Defendants COMPLAINT 1. The PLAINTIFF is COMMERCE BANK/HARRISBURG, N.A., a national banking association, having a principal place of business at 3801 Paxton Street, Harrisburg, Dauphin County, Commonwealth of Pennsylvania 17111, and hereinafter sometimes referred to as "Plaintiff'. 2. The DEFENDANTS are ROBERT H. BLACK and PAMELA R. BLACK, being an adult male and female individual respectively, being husband and wife, and residing at 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055 and hereinafter sometimes referred to jointly, severally, individually and collectively as "Defendants". On or about July 1, 2004, the Bank loaned to Defendants the sum of $730,000.00. 4. To evidence the loan made on July 1, 2004 of $730,000.00 by the Bank to Defendants on or about July 1, 2004, Defendants, as obligors, executed in favor of Bank, as oblige, a "Promissory Note" for $730,000.00, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference thereto. 5. On May 3, 2005, Bank and Defendants entered in to a "Change In Terms Agreement" changing the monthly payments set forth in the "Promissory Note" (Exhibit "A"), a copy of which is attached hereto, marked Exhibit "B" and incorporated herein by reference thereto. 6. On or about July 26, 2005, Bank increased the amount of the loan referred to in Averment 3 hereof to $821,000.00 and in connection with that increase on July 26,2005, Bank and Defendants entered in to a "Change In Terms Agreement" which increased the amount of the "Promissory Note" (Exhibit "A") to $831,000. Attached hereto, marked Exhibit "C" and incorporated herein by reference thereto is the "Change in Terms Agreement" dated July 26, 2005. 7. To secure and to collaterialize the liability of Defendants to Bank on account of the "Promissory Note" (Exhibit "A"), on July 1, 2004, Defendants, as mortgagors, executed a "Construction Mortgage" for $700,000.00 which was recorded in the Recorder of Deeds Office for Cumberland County, Pennsylvania on July 7, 2004 in Record Book 1872 Page 3745 and which granted to Bank a lien against real estate and improvements to be erected known and numbered as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42-29-2456-104. 8. Attached hereto, marked Exhibit "D" and incorporated herein by reference is a true and correct copy of the "Construction Mortgage" referred to in Averment 7 hereof . 9. The "Mortgage" (Exhibit "D") covers and is a lien on the real estate and improvements of the Defendants known and numbered as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42-29-2456-104 ("Premises"). 10. The Defendants are the mortgagors under the "Mortgage" (Exhibit "D"). H. Attached hereto, marked Exhibit "E" is a true and correct copy of the description to Premises referred to in Averment 9 hereof. 12. The Defendants own the real estate and improvements described in Exhibit "D" in fee simple. 13. On or about October 12, 2007, Defendants and Bank entered into and executed an "Amendment to Mortgage" which increased the amount of the "Construction Mortgage" (Exhibit D") to $831,000.00. The "Amendment to Mortgage" dated October 12, 2007 was recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania on October 27, 2007 to Instrument # 200743948, a copy of the "Amendment to Mortgage" is attached hereto, marked Exhibit "F" and incorporated herein by reference thereto. 14. The "Promissory Note" (Exhibit "A"), the "Change in Terms Agreements" (Exhibits "B" and "C"), the "Construction Mortgage" (Exhibit "D") and the "Amendment to Mortgage" (Exhibit F") have not been assigned by the Plaintiff, and the Plaintiff is the holder of the Promissory Note" (Exhibit "A"), the "Change in Terms Agreements" (Exhibits "B" and "C"), the "Construction Mortgage" (Exhibit "D") and the "Amendment to Mortgage" (Exhibit F") and is the real party in interest. 15. Pursuant to the terms of the "Promissory Note" ("Exhibit "A"), as amended by the "Change In Terms Agreements" (Exhibits "B" and "C"), the Defendant was obligated to pay monthly payments of principal and interest of $6,477.96. 16. Defendants have not made any monthly payments of principal and interest of $6,477.96 for the months of principal and interest of $6,477.96 for months of November and December of 2008 and January and February of 2009. 17. As a result of the failure of the Defendants to make the monthly payments of principal and interest as alleged in Averment 16 hereof, the Defendants are in default of the terms and provisions of the "Promissory Note" (Exhibit "A"), as amended by the "Change In Terms Agreements" (Exhibits "B" and "C"), and the "Construction Mortgage" (Exhibit "D") as amended by the "Amendment to Mortgage" (Exhibit F"). 18. As of February 24, 2009, the following amounts are owed by the Defendants to the Plaintiff on account of the Promissory Note" (Exhibit "A"), as amended by the Change In Terms Agreements" (Exhibits "B" and "C"), and the "Construction Mortgage" (Exhibit "D") as amended by the "Amendment to Mortgage" (Exhibit F"): PRINCIPAL $756,842.25 INTEREST $20,108.13 PREPAYMENT PENALTY $7,568.42 LATE CHARGES $1,850.04 TOTAL $786,368.84 19. The Defendants are not in the military service. 20. In addition to the amounts listed and set forth in Averment 18 of this Complaint, the Plaintiff is entitled to reasonable attorneys' fees for the prosecution of this lawsuit with the amount claimed by the Plaintiff, being $37,842.00 based on ten (5%) percent of the principal balance due of $756,842.25. 21. The amount of attorneys' fees requested in Averment 20 is fair and reasonable. 22. The Premises (Exhibit "E") do not constitute the principal residence of Defendants as defined in and encompassed by Act 91 ["House Financing Agency Law"- "Homeowners Emergency Assistance Act"-35 P.S. 1680.401.c et. seq.]. and does not constitute residential real estates as defined in Act 6 - 41 P.S. 101 et. sq. The Premises (Exhibit "E") constitute a commercial business establishment. WHEREFORE, the PLAINTIFF, COMMERCE BANK/HARRISBURG, N.A., prays Your Honorable Court for a judgment in favor of the PLAINTIFF, COMMERCE BANK/HARRISBURG, N.A., and against the DEFENDANTS, , for: A. Foreclosure, execution and sale of the real estate and improvements known and numbered as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42-29-2456-104 and more particularly described in Exhibit "E"; and B. For the following amounts along with costs of suit: PRINCIPAL $756,842.25 INTEREST $20,108.13 PREPAYMENT PENALTY $7,568.42 LATE CHARGES $1,850.04 LEGAL FEES $11,-842.00 TOTAL $824,210.84 Along with interest at the per diem rate of $136.65 per day. Dated: February 24. 2009 Ream, Carr, Mar Woloshin LLP Es(tree8t 119 East Market York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff Commerce Bank/ Harrisburg, N.A. STATE OF PENNSYLVANIA SS: COUNTY OF ?Q-?- Before me, a Notary Public, in and for the said County and State, personally appeared TERRENCE MONTEVERDE who, being duly sworn according to law, doth depose and say that he is a Vice President of Commerce Bank/Harrisburg, a banking organization organized and existing under the laws of the United States of America and registered to do business in the Commonwealth of Pennsylvania, and that as such officer is authorized to make this Affidavit on behalf of Commerce Bank/Harrisburg, and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. COMMERCE BANK/HARRISBURG ERRENCE'MONTEVERDE ice President Sworn and Subscribed to before me this /Zim day of 1;)J1"1/&18J , 2009. Notary Pub 'c C?MMON?J F OF PENNSYLVANIA '.PUbl?t? ",9.' -phln County >s;ociation of Notaries (SEAL) PROMISSORY NOTE References in the shaded area ere for Lender's use only and do not limit the applicability of this document to any particular ben of item. Anv item above containing ' • has been ortdtted due to text length limitations. Borrower: Rebert•H.•Bleah (SBN: -759.42.6527) ....... COMMERCE Lvx*L4RRISBWto N.A. Pamela R Black ISBN: 166.464209) C3h1I1@ • X-#ABRTtiME DEPARTMENT 1786 North Meadow Owiva 100 SENATE AVENUE Mechanicsburg. PA 17056 CAMP HILL. PA 17011 (7171975-6630 Principal Arnount• 4730.000.00 Initial Rate: 6.500% Data of Note: July 1, 2004 PROMISE TO PAY. Robert H. Black and Pamela R Black ("Borrower"l 10* and Ona Sy pie to PWy to COMMERCE BANK/HARRISBURG N.A. i"Landau"), or order. in lawful money of the United Sates of Anlawks. the principal amount of Seven Hundred Thirty Thousend 6 001100 Dollars (4730.000.00) or so ut-1-1 as may be odtewnuNrhg. 1000111" w& ktterest OR the unpaid 041ru ding principal balance of each advance. Interest shall be cadcnisted from the dote of each adwnee until repoymsnt of eoeh advance. PAYMENT. Subject to any payment changes resulting from cheges In the Index, Borrower will pay this ban In accordance with the following payment schedule: 8 monthly comearWe Interest payrrents• beginning August. 1. 2004, with Interest calculated on the unpaid pdncipW balances at an Interest rata of 6.600% per annum: 57 monthly oonse-Ins prltrip- sad Interest payments in the inltlal emount of e5,687.34 each. beginning May 1. 2005, w fth Interest calculated on the unpaid pmltalpol balerhets at so barest rate of 6.500% pow onik", 179 nemtltly CousecutM Principal WW Merest payrReRts br ifia Iuldalantourrt .of.;4,%5.74 each, beof 1 9 February 1. 2010, with Interest calculated on the unpaid principal balances at an Internet role based an the Prim Reiv sa published In the Money Rote Section of the Wag Street Journal. If a range of rotes Is Published. the h0shost will be used. (orrrroolly 4.0006A), plan a n ght of 1.000 personage points. resulting in an Initial Interest raw of 5.000%; and arm principal and interest payment of !4,864.79 op January 1. 2025, with Interest calculated on the umpaW principal balances wt an Interest rate baud an the Prune Raft as publ eMd In the Money Rote Section of the Well Street Journal. If s range of rates is publdw& the highest well be used. (carm* 4.000%), pirate a margin of 1.000 pereents" fwlrts. resulting In an INtlal merest wean of 6.000%. This esib wtad SW payment is based on the assumption #0 all payments *0 be roods. oxectly as scfreduled end that the Index does not charge: the actual OW payment will be for all princhral and accrued Irtawst not yet poW. together with any other unpaid omowKs under this Note. Unless othsn iss agreed or required by applicable low, payee it . win be applied flat to any acaued unpaid Interest: then to principal: then to arty unpaid collection cam., and than to ww Isle charges. The sslfNlet h IN at rag for thin Note is oomix tod our a 3651360 boils: that Is. by applylhg the retfo of the annual Interest rate ova a year of 960 days, nRldpil by the oubto nhshy principal balance. mddirlled by the actual number of days the prkretpal balance Is outstanding. Borrower will pay Lender at tender's address shown above or at such other place as Lender may desigmte In writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to charge from time to time based on changes in an independent index which is the Prime Rate as published in the Money Hsu Section of the WIN Sir" .1ou nal. If s range of rates is published, the highest will be used. (the "Index"). The Index is rot necessarily tits lowest rote charged by Lender on its bans. If the index becomes unavailable during the torm of this loan, Lender may designate s substitute Index after notice to Borrower. Lender will tell Borrower the current Index rata upon Borrower's request. The interest rote change wilt not occur more often than each day. Borrower understands that Lender may make bans based of other rates as weft. The index currently Is 4.000% per awwnr. The Interact rata or rates to be oppgai to the unpaid it I cif balance of this Note will be the ate or rates set forth herein in the 'Patmwnt" swfto. NetwiMwtwmft any other pioMsloR of tills Note. after the flat payment strewn, on Interest rate for each subsequent payment sh". will be effective as of the loot payment deft of the Just-ending payment stream. NOTICE: Under no circumstances wig the interest rots on this Note be more then the maximum rate slowed by applicable law. Wherever increases occur in the interest rate. Lender, at its option, may do one or more of the following: (AI inaease Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) incresse Borrower's payments to cover accruing interest, IC) increase the number of Borrower's payments, and ID) continue Borrower's payments at the some amount and increase Borrower's final paWront. PREPAYMENT PENALTY. Borrower agrees that all loan Pose and othw prepaid finance charges we awned fully as of the date of the loan and wig not be subject to refund upon early payment (whether vokntwy or as a result of default), except as otherwise required by law. Upon propsymant to of this Note, of Lender % do entitled to yew of ornordawdon and declining 11%par ? ea par. Except xceprincipal own pt or f the ffo reegol he oltg, wbjeet to a penalty charge Borrower may pay all or s portion of the amount owed owlw then it is due. Early peymetts will not, unless agreed to by Lender in writing. relieve Borrower of Borrower's obligation to eotinu a to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will amain obligated to pay any further amount owed to LwWw. AN written communications concerning disputed amounts, Including any check or other payment Instrument that indicates that the payment constitutes 'payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed. or delivered to: COMMERCE BANKIHARRiSBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011. LATE CHARGE. It a payment is 10 days or more lots. Borrower will be charged 6.000% of the regalarty scheduled payment. INTEREST AFTER DEFAULT. Upon default. including failure to pay upon final maturity, the total sum due under this Note will base interest from the date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable levy. DEFAULT. Each of the following shall constitute an event of default I'Event of Default') under this Note: Payment Default. Borrower fags to make any payment when thus under this Note. Other Defaults. Borrower fells to comply with or to perform any other term. Obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Pardus. Borrower or any Grantor defaults under any ban, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay thle Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false aNGE IN TERMS AGREEMEI References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or Rem. Any item above containing has been omitted duo to text length I'unitatans. Borrower: Robert H. Black ISSN; 169.42.55711 . . Eaneb.A.Black ISSN: 166-46-4209)----. 1788 North Meadow Drive Mechanicsburg. PA 17055 Lender: COMMERCE SANWHARRISBURG N.A. ----•---eOMMERCWL-MO TCAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL, PA 17011 (717) 975-5630 Principal Amount: $730,000.00 Initial Rate: 6.500% Date of Agreement: May 3, 2005 DESCRIPTION OF CHANGE IN TERMS. Extend interest only period for six (61 months. Reamortize the ban over 20years with principal and interest payments to begin November 1, 2005, with a new maturity date of October 1, 2025. Payments as detailed below. All other terms, conditions, covenants and agreements shall remain as described in the original loan documents. PROMISE TO PAY. Robert H. Black and Pamela R Black ('Borrows") jointly and severally promise to pay to COMMERCE BANKIHARRISBURG N.A. 1"Lende?'l, or order, in lawful money of the United States of America, the principal amount of Sewn Hundred Thirty Thousand & 001100 Dollars 1$730.000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. interest shall be calculated from the date of each advance until npsyment of each advance. PAYMENT. Subject to any payment changes resulting from changes in the index. Borrower win pay this loan in acewdonce with the following payment schedule: 6 monthly consecutive Interest payments. begku** May 1. 2005, with interest calculated on the unpaid principal balances at an Interest rate of 6.500% per annum; 51 monthly consecutive principal and interest payments in the Initial amount of $5,483.36 each, beginning November 1, 2005. with interest calculated on the unpaid principal babacas at an interest rate of 6.500% per annum; 186 monthly consecutive prbm*W and Interest payments In tin Initial amount of $6,574.75 each, beginning February 1. 2010. with Interest calculated on the unpaid prinelpol balances at an Intsreat rate based on the Prim Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates Is published, the highest will be used. fcurrently 5.750%), plus a mw& of 1.000 percentage polls, resulting in an Initial interest rate of 6.7609L; and one principal and bvterest payment of $5,575.06 on October 1, 2026, with interest calculated an the unpaid principal babncas at on interest rate based on On Prime Rau as published In the Money Rate Section of the Wall Sue" Journal. If a range of rates is published, the highest will be used. Icunently 5.750%1, out a margin of 1.000 percentage points, resulting in on Initial Interest rate of 6.750%. This estimated film payment is based on the assumption that aN payments w* be made exactly as sebsdulad and that the Index does not change; the actual final payment will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Agreement. Unless otherwise agreed or required by applicable law, paynnants will be applied fist to any accrued unpaid interest; then to principal: than to any unpaid collection coats: and than to any late charges. iKaast an this Agreement Is computed on a 365r360 simple interest basis; that Is, by applying the ratio of the annual Interest rate over a Vest of 360 days, midNplied by the outstanding principai balance, muttipMed by the actual number of days the principal below* is outstanding. Borrower will pay Lender at Lender's address shown above or at such other piece as Lender may designate In writing. VARIABLE INTEREST RATE. The interest rate on this Agreement is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal. 11 a range of rates is published, the highest will be used. ithe "Index"). The Index is not necessarily the lowest rate charged by Lender on its bans. If thq Index becomes unavailable during the term of this ban, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrowei s request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Wax currently Is 5.750% per annum. The Irtersst raft or rates to be applied to the unpaid principal balance of the Nate will be the rate or rates set forth herein In the "Psymet" section. Notwithstanding any other provision of this Agreement, after the first payment stream, On Interest rate for each subsequent payment stream will be effecthie as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on the Note be more than the maximum rate allowed by applicable law. Whatever increases occur in the interest fate, Lender, at its option, may do one or more of the following: JA) increase Borrower's payments to ensure Borrower's ban will pay off by its original final maturity date, 118) increase Borrower's payments to Cover accruing interest, IC) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final Payment. PREPAYMENT PENALTY. Borrower agrees that all ban fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment {whether vokmtary, or as a rank of default), except as otherwise required by law. Upon prepayment of this Agreement, Lender is entitled to the following P?epayrrrnt Penalty- Prepayrnent of any amount of the principal turn shall be subject to a parnhy charge of 5% during the first year of orrartbation and dseliting 1% per year thereafter to par. Except for the foregoing, Borrower may pay all or a portion of the amount owed earga than it is due. Early payments will not. unless agreed to by Calder in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked 'paid in fun', "without recourse% or similar language. If Borrower sends such a payment, Lander may accept it without losing sty of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. An written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in fun' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISSURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Agreement will bear interest from the date of acceleration or maturity at the variable interest rate on this Agreement. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the interest rate applicable to this Agreement at the time judgment is entered. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower tails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower defaults under agreement, purchase or sales agreement, EXHIBIT CHANGE IN TERMS AGREEMENT Page 2 Loan No- 3126250 (Continued) or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to perform Borrower's obligations under this Agreement or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property. any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfe(taas Procesdirtgs• Commencement of foreclosure or forfeiture proceedings. whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 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 evidenced by this Note. In the event of a death. Lander. at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a mam+er satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's finarrciaf condition, or Lender believes the prospect of payment or performance of the indebtedness is impaired. Insecurity. Lender in good faith believes Itself Insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower bas not been given a notice of a breach of the same provision of this Agreement within the preceding twelve 0 2) months, it may be cured if Borrower, after receiving written notice from LaMar demanding cure of such default: (1) cures the default within fifteen (151 days; or (2) if the cue requires more then fifteen (15) days, immediately initiates steps which Lender deems in Lender's sack discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and neC8110ary steps sufficient to produce compliance as soon as. reasonably practical. LENDER'S RIGHTS. Upon default, Lender may. after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and all accrued unpaid interest Immediately due, and thmt Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone also to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any fitnits under applicable law. Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Agreement will governed by td to it w ovisions. and, This?Agreement has bears accepted by Lander In laws of the Cwnrnonwsahh of of Pennsylvania without regard W the Camino. wealth of Permsylvarda. RIGHT OF SETOFF. To the extent permitted by applicable law. Lander reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts fur which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff sty sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Agreement is secured by First mortgage on parcel #42-29-2456-104 and improvements to be constructed thereon, located on Bumble Bee Hollow Road, Mechanicsburg. Cumberland County. Second Mortgage behind an ASN-AMRO first lien of 5146,000 on the borrowers' personal residence located at 1788 North Meadow Drive, Mechanicsburg. Cumberland County (lien to be released should a new appraised value for the subject property to be constructed provide LTV of 85%). LINE OF CREDIT. This Agreement evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Borrower agrees to be liable for all sums either: (AI advanced in accordance with the instructions of an authorized person or IS) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Agreement or by Lender's internal records. including daily computer print-oum. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligations) as changed, nor obligate Lender to make any flatter change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). it is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, Including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives. successors, and assigns, and shall be enforceable by Lander and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about you account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracYlies) should be sent to us at the following address: COMMERCE BANKlHARRISSURG N.A. LOAN SERVICING PO BOX 1195 CAMP HILL, PA 17011-1195. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Each Borrower understands and agrees th' th or without notice to Borrower, Lander may w"'k respect to any other Borrower (a) make one at more additional secured or unsecuret ' 7s or otherwise extend additional credit; (b) I I compromise, renew, extend, accelerate, or otherwise change one or more times the tis-d for payment or other terms of any Indebtedness, . Juding increases and decreases of the rate of ,,.. - ;,vrav tarinaen: Ial exchange. enforce. waive, subordinate, fail or decide not to perfect, and release any security, with or without ;HANGS IN TERMS AGREEMENT Loan No: 3126250 (Continued) Page 3 the substitution of new collateral; id) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and if) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment,.Aamand for_ payment, and.roti&e- of dishonor. Upon,any charge in the terms of this Agreerrwrrt, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation mater or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fad to realize upon or perfect Lander's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. AN such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the parry with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10961 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 16500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WANES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEPAIE IT. THIS AGREEMENT IS GIVEN UNDER SEAL AND rr IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BOARD X ... '+ ... {SsaH Robert fialliaelt X f[ #!: .!Beall Pamela R Slack 1AURM0 L-6. w. $.n.70001 C4.,WY,a IAwW MMiw. 1. e. 127. 2M YI?IMrM?wa. .M 1tNY01AMN/*J*AW4AW=JC 7*19dn P&21 a 'o MANGE IN TERMS AGREEM, J oweF: Robert H. Block (SSN: 16942-5571) _ Psmefa R B<s?R.fS.>?lLl?-3?-42Sf9I... 1788 North Meadow Drive Mochsnksburg. PA 17055 Lender: COMMERCE BANK/HARRISBURt3 N.A. COMMERCIAL-MORTSAGIE.DEPARTMEWr.- ...•. 100 SENATE AVENUE CAMP HILL. PA 17011 17471 9T5-6630 Principal Amount: 6821,000.00 Initial Rate: 6.500% Date of Agreement: July 26, 2005 DESCRIPTION OF CHANCE IN TERMS, Effective as of the date of this agreement the loan amount will be increased from $730,000.00 to $821,000.00. All other terms and conditions remain as previously documented PROMISE TO PAY. Robert H. Black and Patnsls R Black ("Borrower") jointly and severally promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lander"). or order, In lawful money of the United States of America. the of EWA -one 001100 Dollars ($821.000.00) or so much as may be out P?PaI amount p d outstanding Hundred Twental teal Thousand lit advance. Interest shall be calculated from the date of each standing, advance until together with Interest on the unpaid outstanding principal balance of each _ repayment of of each advance. PAYMENT. PAYMENT. Subject to any payment 3 manlhly o change from changes in the Index, Borrower will pay this loan in accordance with the following Payment schedule: interest balances at an hrterast rate of 6.500% per anmtm; 51 monthly, C beginning Atgast 1. 201Int with merest cn the ld on the unpaid ,1principal 66.90 each, begkenfng November 1, 2005. with hetareat calculated on the ea4tihl P?i1 balances and interest payments r the of 6. amount nt 58,166.90 monthly consecutive principal and interest payments In the Initial .96 each. sir gininsat nab of 6.50096 per unman: 188 calculated on the unpakt anh P of ate aspu In the o February 1, 2010, the with Wall Street Journal. N a ran prIndpsl baGnees at an Merest rata basal an the Prkra Rate as publhhtad In the Money Rate Section of the Wag Sheet lie of rates is published, the hillbeat will be used. low. ently 6.25096). plus a rnaegin of 1.000 initfat knerest rata of 7.260%; and one prbteipal and Interest payment of !6.477.86 on October 1. 2025, whhlntInterest eca? culate, ram in an an unpaid principal es stun interest rata based on the Prints Rate as published in the Money Rate Section of the We* arra Journal- If a range of rates is highest will be used. Icurrently 6.250%). 7.250%. This estimated final payment Is based an the assumption that all paWnenft of 1.000 will a Percentage lnt exactly points. as resulting ache u and that the In in an that the Index rata of led not change. the actual final psymew will be for all principal and accrued Internal not yet id utog y t her ur doss Agnsulmrt. Unless otherwise agreed Of f"uIred be applied together withi any rotes unpaid emotes under this p interest rincipal: then to arty unpaid id collection costs; and by than to am low. chpay no. arges. Interest arges will be on this on this firm Agraoantoartat any Is accrued a Interew. than le ultiplied basis; that Is. by Y applying the ratio of the amwa( interest rase over ¦ stays. multiplied an on s 365/360 pal b simple m number of days the principal balance In outstanding. yaw of Borrower 360 r a Le the s address ding principal tea , such other place as Lender may designate In wrhkW. will pay Lender at Lender's address shown above o or ar at VARIABLE INTEREST RATE. The interest rate on this Agreement is subject to charge from time to time based on changes in an independent index which is the Prime Rate as published in the )Money Rate Section of the Wag Street Journal. If a range of rates is published, the highest will be used. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this ban, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make bans based on other rates as well. The Index currently is 6.260% per annum. The Interest rate or rates to be applied to the unpcd principal balance of the Note will be the rate or rates set forth herein In the "Payment" section. Notwithstanding any other provision of this Agreement, after the first payment stream. the Interest rate for each subsequent payawnt stream wig be payment stream. NOTICE: Under no circumstances will the interest rata on the Notebemvoerethan of the, the Im t imumara dal of tM just-ending law. Whenever increases occur irrtfiia interest rate, Lender. at its llowinh: rate aaowe by applicable payments to ensure Borrower's loan will pay off option, may (8 one or rmoo of the following: t c increase Borrower's Y by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C} increase the number of Borrower's payrrients, payment. and ID) continue Borrower's payments at the some amount and increase Borrower's final PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and ubj ect to early payment (whe will not be s of this A rgraament. Leader Is entitled to the fo?llowiing prreepayyor as outirt= result of default), except as otherwise required by law. Upon subject to a penally charge of 5% during the fist year of amortization Penalty; Prepayment h any erupt of the principal fo t sum aigoi g. Borrower may pay al or a portion of the smount owed earlier thana and due. E?g 196 per year trot, unless r to per. Except for the foregoing, relieve Borrower of Borrower's Early payments will not, unless agreed ato by y a Lender in writing, principal balance due and m obggate0n to continue to make payments wader the payment schedule. Rather, early payments will reduce the may result in Borrower's making fewer payments. Borrower agrees not to send Larder payments marked 'paid in full", 'without recourse', or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. AN written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed BANK/HARRISBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT. 100 SENATE VENU MP HILL, e ma PA i117011delivered to: LATE CHARGE. If a payment is 10 days or more Into. Borrower wig be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total awn due under this Agreement will bear interest from the date of acceleration or maturity at the variable interest rata on this Agreement. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgement at the interest rate applicable to this Agreement at the time judgment is entered. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement. Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower defaults under any loan, extension of credit, security agreement or any other agreement, in favor of any other , Purchase sales agrement, cr editor or erson that ., illy affect any of Borrower's property orrBor oweer's ability _? EXHIBIT CHANGE IN TERMS AGREEMENT Loan No: 3128250 (Continued) page 2 to perform Borrower's obligations under this Agreement or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a gang business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by. any govemmentel agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply it there is a good faith d iispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sob discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor din or becomes. incompetent, or revokes or disputes the validity of, or ifability under, any Guaranty of the Indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Oefauh. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the indebtedness is impaired. Insectality. Lender in good faith believes itself insecure. Cure Proulaim . If any default, other than a default in payment is curable and if Borrower has not boon given a notice of a breach of the same provision of this Agreement within the preceding twelve f12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 0 51 drays; or 12) It the cure requires more than fifteen 115) days, immediately initiates steps which Lender deems in Lander's We discretion to be sufficient to curb the default and thereafter continues and completes all reasonable and necessary steps sufflent to produce compliance as soon as reasonably practical. LENDERS RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, deciare the entire unpaid principal balance on this Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law. Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law. Borrower also will pay any court costs, in addiwn to all other sums provided by law. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not pro mptod by lsderal law, the laws of the Commonwealth of Pennsylvania without regard to its cetMRcts of law provisions. This Agreement has been accepted by Lander In the Comnronweakh of'Pamrsylvania. RIGHT Of SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone also and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Agreement is secured by First mortgage on parcel #42.29-2456-104 and improvements to be constructed thereon, located on Bumble Bee Hollow Road, Mechanicsburg, Cumberland County. Second Mortgage behind-an-ABN-AMRO first lien of $146,000 on the borrowers' personal residence located at 1788 North Meadow Drive, Mechanicsburg, Cumberland County (flan to be released should a new appraised value for the subject property to be constructed provide LTV of B5%). LINE OF CREDIT. This Agreement evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (8) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Agreement or by Lender's internal records, including daily computer print-outs. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligator, or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligatiorifs) as changed, nor obligate Lander to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement_ if arty person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. NOTIFY Us OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES, Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy((es) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING PO BOX 1 195 CAMP HILL, PA 17011-1195. ISCELLANEDLIS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. ch Borrower understands and agrees that, with or without notice to eonowe?, Lender may with respect to any other Borrower (a) make one more additional secured or unsecured loans or otherwise extend additional credit; (b1 alter, compromise, renew, extend, accelerate, or curiae change one or more times tt . for payment or other terms of any indebtedness luding increases and decreases of the rate of st oil the indebtedness; icl exchar. nforce, waive, subordinate, fail or decide not to ct, and release any security, with or without bstitution of now collateral; (d;' apply such security and direct the order qr manner bale thereof, including without limitation, any Loan No: 3126250 - Page 3 non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; ) release, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, Or other guarantors on any terms or in any manner Lenderrtmay, choose; and If) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, end, notice of dishonor. Upon any change in the terms of this,_Agree.n t, and un)pa.a otherwise expressly stated in writing, no party 66-, wn signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. AN such parties agree that Lender may renew, or extend (repeatedly and for any length of time) this loan or release any parry or guarantor or collateral; or impair, tail to realize upon or perfect Lender's security interest in the collateral; and take necessary by Lender without the consent of or notice to anyone. All such panics also any other action deemed consent of or notice to anyone other than the agree that lender may modify this ban without the party with whom the modification is made. The obligations under this Agreement are joim and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'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 15500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUST-60 BY ANY EXERCISE eF-THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS AGREEMENT. EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. INCLUDIING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT, THIS AG T IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFE F A S INSTRUMENT ACCORDING TO LAW. i BOWER: X (Seal) x 1445 ?o) Ro ck .... „/ Areal) Pamela R4ek CHANGE IN TERMS AGREEMEN (Continued) W111 N101?Wy, YY. O.]{.bml hF.MMY./R1Y?Ii/iMn'v.R Mt. 1Ni, 70e{. NNab%1?YN. •M ??OIO[.IG M". Mrl -X,126'c? Soo RECORDATION REQUESTED BY: BANKMARRISSURG N.A. COUMBICIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL. PA 17011 WHEN RECORDED MAIL. TO: COMMERCE ERG NJI. COMMa1CML MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL, PA 17011 ..i ,LvR ::....; . ... "6-FDS i;TY-P,'% ' 04 JUL... 7 . -PSI 1 1G SEND TAX NOTICES TO: CONINECE BARKMARRISSUR4 N.A. COMMERCIIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HB.L_ PA 17011 FOR RECOnim-8 USE ONLY CONSTRUCTION MORTGAGE THIS MORTGAGE dated July 1, 2004, Is made and execirted between Robert Black and Pamela R Black. whose address Is 1788 North Meadow Drive, MeedW*;sbrrrg. PA 17055 (referred to below as "Grantor"I and COMMERCE BANKMARRISM0 N.A., whose address is 100 SENATE AVENUE, CAMP HILL, PA 17011 Ireferred to below as "Lander" ). GRANT OF MORTGAGE. For vskohle consideration. Grantor grants, bargains, Wis. conveys. am", transfers; releases, confirms and mortgages to Lander era of Grantor's right, tads, and interest in and to the following dseeri z real property. together with aN existing or subsequenly erected or affixed buNdi gs, improverrwrm and fixtures; sN streote, lar»s, alleys, passages, and ware; aN easements, rights of way, all mmtiee, prKtages, tenements. hereditsments. and appurtenances therew to babnping or snywiss mewls appurtensm hsreatbr, and the reversions and remainders with respect thereto; all water, water rights watasouraes and ditah rights (k=kK%v stock in uumdes with ditch or Irrigation rights); and all other rights, royalties, and profits r!kftv to the real iMMAng withm limitation all ndnaraN. ON,e , geothermal and similar matters. (the "Nicol eROpet ty"1 lociated In ?INflberland County, Comrttunwertith of Pennsylvania: Sae Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as H fully ON forth herein. The ROM Property or its address Is comma* known as Bumble Bee Hallow Road, Machanicsixffi, PA 17055. Grantor presently assigns to tender all M Grantor's right, title, and interest in and to all Present and furor. Isesea of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commarciah Code seamraty interest in the Personal Property and Rants. THIS MORTGAGE. SICWOMG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST N THE RENTS AND PERSONAL PROPERTY, 18 GIVEIN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (81 PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGMAL PRMCIPAL AMOUNT OF 4780.000.00. THE RELATED DOCUMENTS, AND THIS MORTGAGE THIS MORTGAGE, INCLUDING THE ASSIOMMEiNT OF RENTS AND THE SECURITY INTEREST N THE RENTS AND PERSONAL FROPMM, IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT SEMEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE REIATED DOCUMENTS READ TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS MORTGAGE. THIS MORTGAGE M GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: 8K 1872PG3745 ?s EXHIBIT D MORTGAGE (Continued) Page GRANTOR'S WAIVERS. Grantor waives all rights or defenses ang r by re Mn of law, or any other low which may Prevent Lander from bringing action any any "one oration' 'antia claimfor deficiency to the extent Larder in otherwise ?t? to a claim befagainst oagainst or Grantor, Including a claim for or completion of any foreclosure action either for deficienccyy, after Lender's commencement judicially or by y exercise of a power of sale. GRANS REPRESENTATION$ AM WARRANTN & Grantor warrants tot; (a) this Mortgage Is executed at this request and not at the request of Larder; (b) Grantor has the full power, right, and authority to enter into mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do default under any agreement or other instrument binding upon Grantor and do not not result in a violation conflict a viwith, or result in a regulation, rmtxt decree or or?r olation of any law, applicable to Grantor. (d) Grantor has estshishsd adequate means of obtaining from Borrower on a continuing basis Information about Borrower's financial condition; and (a) Lander has made no representation to Grantor about Borrower (Including without limitation the creditworthiness of Borrower). PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lander all Indebtedness secured by this Mortgage as It becomes due, and Borrower and Grantor shah Borrower's and Grer tor's obligations.unow this Mortgage. stdcdY psrforrir ale CONSTRUCTION MORTGAGE. This Mortgage is a 'construction mortgage' for the purposes of Sections 9-334:and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the Commonwealth of Pennsylvania. POSSESSION AND- MAINTENANCE OF. THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shell be govemed by the foNowirq,provyiont Possesdon and Use. Until then occurrence of an Event of Default, Grantor may (11 remain in possession and control of the Property; l?) use, operate or manage the Property, and (31 collect the Rents from the Property: Duty to 01 cNtt<1 . Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, eplecsrrterhts; and maintenance necessary to preserve Its value. Compliance Whit Ennnl munestel Laws. Grantor represents and warrants to Lander that: (1) During the period of Grantor's ownership of-the-Property, there has been me use, generation, manufacture, stor rent disposal, release or threatened release of the aW:Hazerdous Substance by any parson on, under, about ut or or from the Property; (2) Grantor has no knowledge of, or reason to beifevs that there has bean, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (bi any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any parson relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, spent or other authorized user of the Property shall use, generate, manufacture, store, trast, dispose of or release any Hazardous Substance on, under, about or from the Property; and (bI any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinsrhome, Including without limitation all Environmental Laws. Grantor authorizes Lander and its agents to an r upon the Inspections and tests. at Grantor's expense, as Lander may deem appropriate to determProperty to ine omp(lanca cf Property with this section of the Mortgage. Any inspections or tests made by tender shall be for Lenderthe 's purposes only ard.shall not be construed to create any responsibility of liability on the part of Lander to Grantor or to any other person. The representations and worrondes contained herein are based on Grantor's due diligence In inestteething.*&,PfOpeo -f -Huardous Substances. Grantor hereby (11 relssess and waives any-future claims against Lender for Indemnity or contribution in the evert Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, IiabtNties, damages, penalties, and expenses which Lender may directly or indrectly sustain or suffer resulting of this section of the Mortgage or as a consequence of arty use, generation, manufacture sto from a branch release or threatened release occurring other. disposal, same was or should have been known to Grantor. The ownership or interest in the Property, whether not the obligation to provisions of this section of the Mortgage, irnck tdft the ertnify, shall survive the payment of the indebtednsss and the satisfaction and reconveyance of the Men of Oft Mortgage and shall not be affected by LwWar's acquisition of any interest in the Property, whether by foreclosure or otherwise. Without otherwise limiting Grantor's covenants as provided herein, Grantor shall not without Lender's prior written consent, remove or permit the removal of sand, gravel or topsoil, or engage in borrow pit operations, or use or permit the use of the Property as a land fill or dump, or store, burn or bury or permit the storage, burning or buying of any material or product which may result in contamination of the Property or the groundwater or which may require the issuance of a permit by the Environmental Protection Agency or any state or local governrmnt agency governing the issuance of hazardous or toxic waste permits, or request or permit a change in zoning or land use classification, or cut or remove or suffer the cutting or removal of any trees or timber from the Property. At its sole cost and expense, Grantor shall comply with and shall cause all occupants of the Property to comply with all Environmental Laws with respect to the disposal of industrial refuse or waste, and/or the discharge, ou t 872PG3746 MORTGAGE (Continued) P"s 3 processing, manufacture, generation, treatment, removal, trsrsportdtim, starsga and handling of Hazardous Substances, and pay Immediately when due the cost of removal of any such wastes or substances from, and keep the Property free of any lion imposed pursuant to such laws, rules. regulations and orders. Grantor shall not Install or permit to be installed in or on the Property, friable asbestos or any substance containing asbestos and doomed hazardous by federal, state or local Iowa, rules, regulations or orders respecting such material. Grantor shaft further not install or permit the IsgNedon of airy machinery, equipment or fixtures containing meted biphemyls (PCIls) on or in the Property. With respect to any such materiel or rmaterials currently present In or on the Property. Grantor shall promptly comply with all oppic" Environmental Laws regarding the safe removal thereof, at Grantor's expense. Grantor shall indemnify Lander and hold Larder harmless from and against all lose, coat, damage and expanse (including, without limitation, attorneys' fees and coots Incurred in the investigation, defense and settlement of clakrhs) that Lander may incur as a rardt of or in connection with the asawtion against LorWer of any claim relating to the presence or rernoval of any Hazardous Substance, or cwnpftanea with any Environmwvtol Law. No notice from any governmental body has over been served upon Grantor or, to Grantor's knowledge attar due Inquiry, upon any prior owner of the Property, chtiming a violation of or under any Envloronertei Law or concerning the enviionmerrtal state, bondi[ion or quality of the PrOperty, or the hied'thereof: or requiring or sailing attention to the reed for any work, repels, construction, removal, cleanup, eltatatiorn, demolition, renovation or Installation on, or in connection with. the Property It order to cornpiy with any -HrviiorsnenW Law., and upon receipt of any such notice, Grentot shill take any and all steps, and shall perform any and all actions necessary or appropriate to comply with the same, at Grantor's expense. In the avant Grantor fails to do so, Lender may declare this Mortgage to be in default. Nuisance, Waste. Grantor shall not cause, conduct or permit airy ruleance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generaPty of the foregoing, Grantor will not remove, or, grant to any other party the right to remove, any timber, minerals (including ON and gas), coal, clay, sails, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shad not demolish or remove aryl Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lander to replace such Improvements with Improvenerhts of at least equal valise. Lander's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at ail reasonable tines to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this (Mortgage. Cc pdanea with Gowrnnenntal INgeirsona s. Grantor shell promptly comply with all laws, ordinances. and regulations, now or hereafter in effect, of all govermental authorities applicable to the use or occupancy of the Property. Including without Iimita lon. the Americans whit Dlsebbides Act. Grantor may congest in good faith any such law, ordinance, or regulation and withhold compliance during arty proceeding. ineludi sp appears, so long as Grantor has notified Lender in writing prior to ?b0 so and so long as, in Lender's rag We opinion, pinion, Lender's interests It the Pr operty 'a?e not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to tender, to protect Lender's Interest. testy to Protect. Grantor agrees renter to abandon or leave unattended the Property. Grentor 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 Property. CONSTRUCTION LOAN. It some or all of the proceeds of the bat creating the Indebtedness we to be used to construct or complete construction of any Improvements an the Property, the Improvements shall be completed no later than the maturity daft of the Note for such earlier daft as Lender may reasonably establish) and Grantor shell pay in full all costs and expenses in connection with the work. Lender will disburse ban proceeds under such terms and conditions as Lender may deem reasonably necessary to inane that the Interest created by this Mortgtge shell have priority over ad possible liens, including those of material suppliers and workman. Lender may require. among other things, that diebursament requests be supported by receiptsd bills, expose affidavits, waivers Of liens, construction progress reports. and such other documentation as Lender may reasonably request. TAXES AND LENS. The following provisions relating to the taxes and tens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all everts prior to daPnquency) all taros, payroll taxes. speeiel taxes, assessments, water charges and sewer service charges levied against or on account of the property. and shelf 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 any Kane having priority over or equal to the Interest of Lender urhdar this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the Pon of taxes and assessments not due as further specified in the Right to Contest paragraph. Un 1 872PG3747 MORTGAGE tColntinuedf page 4 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 (.order's interest in the Property is not jeopardized. If a Ben. arises or is filed as a result of nonpayment, Grantor shall within fifteen 115) days attar the lien arises or, if alien is food, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or it requested by Lender, deposit with Lender cash or a suffcient corporate suety bond or other security satisfactory to Lendei in an amount sufficient to discharge the Bart plus any coots and attorneys' tees. or other charges that could accrus as a result of a foreclosure or sale under the ion. In any contest, Grantor shell defend itself and Larder and shall satisfy any adverse Judgment before enforcement against the Property. Grantor shell narne Lender as an eddidonsl obigss under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shah upon demand tumish to Lender satisfactory evidence of payment of the tam or sesessmants and shall aut oriza the appropriate govemmerntal official to deliver to Lender at any time a written statement of the taxes and assesomente apainot the Property. Nobles of Construction. Grantor shell notity Lender a? oast fifteen 0 51 days before any work is comwmenoed, .any awvicas are furnished, or 'shy nnaNtIals are suoisd to the Property, If any machara's lien, mewrialmsn's Men, or other lion could be asserted on account of the work. services, or materials. Grantor will upon request of Joinder furnish to Lender advance assurances satisfactory to Lender that'Grantor can and will pay the cost of such improvements. PROPERTY 'DAMAGE INSURANCE The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. ;Grantor afh>M. procure and maintain policies of fire insurance with standard extended covsraga erdorssrntanta an a. rephowient.basis for the full insurable value toveriM all improvemente an the heal. Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mongag" clause in favor of Lender. Grantor shall coo procure ad maintain cortuprehansive general lisbli ty Insurance in such coverage amounts es Lender may request with Lander being named as additional insureds in such MaMW irsurs me policies. Additionally, Grantor shelf maintain such other imminence, including but not limited to hazard, buairleas interruption and•boller insurance as Lender may require. Policies shall be written by such instance c in such form as may be reasonably acceptable to Lender. Granter shall deliver to Lardder certificates of coverego from each ineurer contolairg a stipulation that coverage will not be cencoed or dinwhohed without a minimum-of ten 110) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for to" to give such notice. Each insurance policy also shell include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any sct, omission or default of Grantor or any other person. Should the Real Property be 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, if available, within 45 days after notice is given by Lender that the Property is located in a special food principal balance of the loan and any prior pony on the property securing the bon, to erne area, maximum the fug unpaid set under the National Flood Insurance ir mum policy limits insurance for the term of the ban. ?? or as otherwise required by Lender, and to maintain such Apps of Proceeds. Grantor shall promptly notify Lamer of any loss or damage to the Property. Lender may make proof of loss if Grantor tails to do so within fifteen 1151 days of -the casualty. Whether or not tender's security is impaired. Lender may, at Lentder's election, receive and retain the proceeds of any insurance and apply the proceeds to-the reduction of the Irdebtedrxm, payment of any lion affecting the Property, or the restoration and repair of of blia Property. N Lender elects to apply this proceeds to restoration and repair, Grantor shalt repair or raplace damaged or destroyed Improvements in a manner sati satisfactory proof of such sfactOry to Lsr. LsrwNr shall, upon expenditure, fuY or reimburse Grantor from the proceeds for for the reasonable bls cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and winch lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lander under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the Principal balance of the Indebtedness. If Lander holds an payment in full of the Indebtedness, such proceeds shall be y proceeds char paid to Grants as Grantor's interests may appear. Unexpired Insurance at Sao. Any unexpired insurance shag inure to the benefit of, and pass to, the purchaser of the Property covered by this Mortgage at cry trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property. LEMDIEWS EXPENDITURES. If any action or proceeding is comnwmced that would materially affect Lender's interest in the Property or if Grantor fails to campy with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge oi-pay when due any amounts Grantor is required to discherge or this Mortgage or any Related Documents. Lender on Grantor's behalf may (but shall not be obligated to) take any under that Lender deems appropriate, including but not limited to any action encumbrances and other claims, at any time levied or placed on t discharging he or paying as taxes, liana, security interests, maintaining and preserving the Property. AN such expenditures incurred the Property perty and paying all costs for insuring, xpenditurea incurred or paid by Larder for such purposes will then nit t Q 7 2_P63148 MORTGAGE (Continued) Page b bear Wit~ at the rata charged under the Note from the date incurred or paid by Lender to the deft of repayment by Grantor. AN such expenses will become a part of the Indebtafr s" and, at Lender's option, will JA) be payable on demand; 16) be added to the balance of the Note and be apportioned among and be payable with any kwtalkment payments to become due during either (t) the term of any applicable insurance policy; or (2) the remsining tam of the Note; or (C) be treated as a balloon payment which will be due and payable at On Note's maturity. The Mortgage also will secure payment of thase.amounts. Such right shag be in addition to all other rights and rem? ciao to which Lender may be entitAd upon Default. Groom 'a obligation to Lender for ail such expenses shall survive the entry of any mortgage foreclosure judgmaht. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable tide of record to the Property in fee simple, free and dear of all Hens and encumbrances other than those sat forth In the RAW Property description or in any title insurance policy, title report, or find title opinion Issued In favor of, and accepted by, Dander In connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of This. Subject to the exception in the paragraph above. Grantor warrants add will forever defend the title to the Property against the lawful claims of all persons. In the event any action or praceading in commenced that questions Grantor's title or the kiterast of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lander 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 participation. 134 mpiam a Wfth Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Repres intedons and Warranties. AN reWesentetions, warranties, and agreements marls by Grantor in this Mortgage shall survive the execution and delivery of Oft Mortgage, shall be continuing in nature, and shall remain in hill force she effect until such tiros as Borrower's indebtedness shall be paid in full. CONDEMNAT11M. The following provisions relating to condemnation proceedings are a part of this Mortgage: Notla of Proceedings. Grantor shelf Immediately notify Lender in writing should all or any part of the Property become subject to any condemnation or expropriation proceedings or other similar proceedings, including without limitation, any condensation, confiscation, eminent domain, lnvuse condemnation or temporary reyui ltion or taking of the mortgaged Property, or any part or parts of the Property. Grantor ftrduar agrees to promptly take such sups as may be necessary and proper within Lender's sole judgment and at Grantor's expense, to defend any such condemnation or expropriation proceedings and obtain the proceeds derived from such proceedings. Grantor shall nut agree to any settlement or compromise or any condemnation or expropriation claim without Lender's prior written consent. Lando** Participation. Lender may, at Lender's sole option, elect to participate in any such condemnation or expropriation proceedings end be represented by eotansel of Lender's choice. Grantor agrees to provide Lender with such documentation as Lender may request to permit Lender to so participate and to reimburse Lender for Lender's costs associated with Lender's participation, inckeding Lender's reasonable attorneys' fees. Conduct of Piece* llrgs. M Grantor fats to defend any such condemnation or expropriation proceedings to Lender's satisfaction, Lender may undertake the defense of such a proceeding for and on behalf of Grantor. To this and, Grantor irrevocably authorises Lander, such authorization being coupled with an Interest, to bring. defend, adjudicate, settle, or otherwise compromise such condemnation of expropriation claim; it being understood, however, that, unless one or more Events of Default (other than the condemnation or wgwoprindon of the Property) then exists under this Mortgage, Larder will not agree to any final settlement or compromise of any such condemnation or expropriation claim without Grantor's prior approval, which approval stall not be unreasonably withheld. ApMMcaden of Net Free** s. Lender shall have the right to receive all proceeds derived or to be derived from the condemnation, expropriation. confiscation, sminnent domain, inverse condemnation, or wry permanent or temporary requisition or taking of the Property, or any part or parts of the Property f'condemmstion proceeds). In the event that Grantor should receive any such condemnation proceeds, Grantor agrees to imnwmftta(y turn over and to pay such proceeds to Lender. AN condemnation proceeds, which are received by, or which are payable to either Grantor or Lender, shall be applied, at Lender's sob option and discretion, and in such manner as Lander may determine (after payment of aN reasonable costs, expenses and attorneys' fees necessarily paid or incurred by Grantor "/or Lender). for the purpose of: (a) replacing or restoring the condemned, expropriated, confiscated. or taken Property; or (b) reducing the then outstanding balance of the Indebtedness, together with interest thereon, with such payments being applied in the maven provided in this Mortgage. Lender's receipt of such condemnation on 1872PG37#9 MORTGAGE (Continued) Page 6 proceeds and the appticstIon of such proceeds as provided in this Mortgage shoo not affect the lion of this Mortgage. IiitIPOSITION OF TAXES. FEES AND CHARGES BY GOYHINMEIITAL AUTHORITIES. The following provisions relating to governmental taxes, fees and chwg:" we a part of this Mortgage; Current Tax", Fees well Charm Upon request,by Lender, Grantor shah execute such documents in addition to this Mortgage and take whatever other action is requested) by Lender to perfect and continue Lender's Non on the Real Property. Grantor shell reimburse Lender for all taxes, as described below, together with so expenses incurred in recording, perfecting or condnuing this Mortgage, kwktding without Nmitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage, Taxes. The following aW constitute taxes to which two.secdon apples; 0) a apscific tax upon this typo of Mortgage of upon all or any part of the Inrlebtedwipa secured by this Mewtgap, (2) a specific tax on Borrow" which Borrower is audwrized or squired to did .from paynwft On Mt! MdtfA?dnasr secured -by tftis.typs of Mortgage; (3) a tox.orh:pnis: type of Mortgage 6hargt able against the Lwsr*dor,er the-holder of the Nola, and• .1.41 a specific tax on all of any portion of the kdsbtednow or on payments of princfpwl and interest made by Borrower. Subsequent Tenter. If any tax• to which this section applies is erWW subosquant to the dam of this .Mortgage, this event shell have the same sf*t-so sin. Event of [Warp, orxt•,WwWw m exorcise any or ..aN of its..syailsbNt rartusdies for an Event Of, Qefatilt ale prpvfded, hMow trllree Grantor eilhsf., :(.t) ,. pays the tax before it becomes delinquent, or (2) contests the tax so provided above in the Toom and Liahs section and deposits with Lender cash or a sufficient corporate surety bond or other security swplrtactory to Lender. SECURITY AOR T; FROMMBIQ STATEINIS B. The following provisions relating, to tfds Mortgage. es .a saauity agreement are a part of this Mortpoge: SOM* AW t. ThW instrument shall cormbbi e a Security Agrewrrrnit to the extant any of the Property constitutes fixtures, and Under shall hove of of the rights of a secured party under the Uniform Comrnamial. Code as amended from time to tirne. Socurty lntereet. Upon request by Lender, Grantor anal) take whatever action is requested br Lender to perfect and continue Lender's security interest in the Rehm and Personal Property. (n ,addition to recording this Mortgage in the reel property records,. Lender may, at any time and without further authorization from Grantor. file oxwA tad counterparts, copies or reproductions of this Mortgage as a fina+eirg smto rent. Grantor she raimbwse Lender for all expennsss incurred in perfecting or continuing this security Interest. Upon defauk, Grantor shad not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shoo assemble any Personal Property not affixed to the Property in s manner and at a place riasonebhr cornwjut to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Address". The mailing addresses of Grantor fdebWd and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Codel we as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AIITHOMMTIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgaga; Further Assurances. At any time, and from time to time. upon request of Lander, Grantor WIN make, execute and deliver, or will cause to be made, executed or delivered, to Lender Or to Lendsr'a dsrigrhss, and when requested by Lender, cause to be filed, recorded,. refixed, or nerecortled. as the case may be, at such tinnss and in such offices and places as Lender may deem appropriate, any and all such mortgspas, dsads of trust, security deeds, security agreement, financing statements, contutustWn stamntwffs,.instr%mmuft of further assurance, certificates, and other doeu nwts as may, In the $ole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grsntor's Obligations under the Note, this Mortgage. and the Related Documents, and 12) the Nees and sscority interests created by this Mortgage as first and prior Nets on the property, whether now owned or hereafter +ctluired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shag reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizetons. If Grantor falls to do any of the things referred to in the preceding paragraph. Lender may do so for and in the name of Grosrmr and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. it is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lander shell execute and deliver to Grantor a suitable satisfaction of thls Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest nu i 87 Zp?37 5© MORTGAGE (Continued) Page 7 in the Rams and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fag as determined by Lender from time to-time. EVOCTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Borrower fails to make any payment when due under the indebtedness. D~ on Ocher 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 f'il'ing of or to effect discharge of any lien. Other f olisti b. Borrower or Gramm falls to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Dehak in Favor of Third Pages. Should Borrower or arty Gnawer default under any low, extension of credit, security agfearm , purchase or sales agreement, or any other agreernerlt, in favor of any other creditor or person that may fnaterlslly effect any of Borrower's or any Granite's property or Borrower's ability to repay the hidabcssarvr8br?ower"s or Grantor's abiNry to perform their reepactivs obligations under this Mortgage or any related document. False 6t runnanq. Any warranty, representation or statemerd trade or furnished to Lender by Wrtower or Grantor or- on Borrower's or Grantor's behalf, or milide by Guarantor, or any other guarantor, endorser, surety, or accommodation party, under this Mortgage at the Related Documents in connection with the obtaining of the Indebtedness evidenced by the Mote or airy security document directly or indirectly securing repayment of the Note is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at airy time thereafter, Defectim Collefardsedon. This Mortgage or any of the Halsted Documents ceases to be in full force and effect (including faoure of any collateral document to create a valid and perfected security interest or lieni at any time and for.any reason. . Deetb or i m*msay. The death of Borrower or Grantor, the ktschromv of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or GrentoT's property, any assigrtmem for the benefit of creditors, any type of creditor workout, or the commencement of try proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creftm or Fooisleme Paooasdbrys. Com manor mint of foreclosure or forfeiture proceedings, whether by judicial proceeding. sett-help, repossession or any other nndrod, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the indebtedness. This irrckdes a garnishment of any of Borrower's or Grantor's accounts, Including deposit accents. with Lander. However, We Event of Default shoo not apply if there is a good faith dispute by Borrower or Grantor as to this validity or reasonableness of the claim which is the basis of the enedita or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or foNelture proceeding and deposits with Lander mories or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Execution: Attachment. Any execution or attachment is levied against the Property, and such execution or attachment in not sat aside, discharged or stayed within thirty 430) days after the same is levied. Chw*o In Zoning a.Pafuik;ftoftkdon. Any change in any zoning ordinance or regulation or arty other public restriction is enacted, adopted or implemented. that omits or defines the uses which may be made of the Property such that the present or intended use of the Property, as specified in the Related Documents, would be in violation of such zoning ordinance or regulation or public restriction, as charged. Defaut Under other Llen Documents. A default occurs under any other mortgage, dead of trust or security agreement covering all or any portion of the Property. Judgment. Unless adequately covered by Insurance in the opinion of Lender, the entry of a final judgment for the payment of money involving more than ten thousand dollars 1110,000.001 against Borrower or Grantor and the faikre by Borrower or Grantor to discharge this same, or cause it to be discharged, or boarded off to Lender's satisfaction, within thirty (30) days from the date of the order, decree or process under which or pursuant to which such judgment was entered. Breach of Other Agoom em. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning airy indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affeatla4 Guarantor. Any of the preceding events occurs with respect to any Guarantor, or any other BK 1872PG375 i MORTGAGE (Continued) Page 8 guarantor, endorser,.sursty, or accommodation party of any of the Indeboadnsss or any Guarantor, or any other guarantor, endorser, surety. or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or Nabdlity under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required,to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory to Lender. and, in doing so, cure any Event of Default. Adverse Champs. A material adverse change occurs in Grantor's financial condition, or Lander believes the prospect of payment or performance of the Indebtedness is impaired. Insanity. Lender In good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the prsce0 g twelve (121 months, it may be sued if Grantor, after receiving written notice from Lender demanding cure of such default: 11) cures.the default within fifteen (15) days; or (2) if the cure. requires n)ore than fifteen 051 days, low. 2W irnithntes steps whajch.Lsndar deems In; Lender's sole dlseredort to be sufficient to ours the default and therssafsar continues sraq c on-wiews all . reasonable and or tssary steps suftfclent to produce compliance so soon as reasonably practical. RIGHTS ANO REMEDES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's, option, may exercise any one or more of the following rights and rernedies, in addition to any other rights or remedies pr0ydded by law: Accelerate kWW tedneu. Leader shelf have the right at its option, after giving such notices as required by applicable law, to declare the entire IndebUdnsss Immedistdy due and payable. UCC Remedies. With respect to all or any part of the Personal Property. Lander shall have all the rights and remedies of a secured party under the Uniform Commercial Cods. Collect Rents. Lender shall have the right, without nodes to Borrower or Grantor, to take possession of the Property end. with or without taking possession of the Property. tq,cogsct the Rai ..1paludirg amounts post due and unpaid, end apply the not proceeds, over and above Lender's costs, against the Indabsadness. In furtherance of this right, Lander may require any tsnsnt or other user of the Property to make payments of runt or use fees directly to Lender. If the Rents are collected by Lender, then Grantor krevoosliiy •atahorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negot)ata the same and coS a the proceeds. Payments by tenants or other users to tender in response to Lender`s demand shall satisfy the obligations for which the payments are made. whether or not any !Koper grounds for the domed existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receive appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreobsure or sale, and to collect the Rents from the Property and apply ffp proceeds, over and above the can of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to .the appointment of a receive shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lander shall not receiver disqualify a person from serving as a Judicial Forudosure. Lander may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. , Possession of to Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attomey of any court of record in the Commonwealth of Pe nnsylvanis or elsewhere, as ettomey for Lander and all persona claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lander 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 prior writ or proceeding whatsoever. NonjudklN Sale. If permitted by applicable law, Lander may foreclose Grantor's interest in all or in any part of the Personal Property or Vas Real Property by non-judicial 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. If Grantor remains in possession of the Property after the Property is acid as provided above or Lender otherwise becomes entitled to possession of to Property upon default of Grantor, Grantor shalt become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (11 pay a reasonable rental for the use of the Property, or (21 vacate the Lender. Property immediately upon the demand of nV 1 S7 gG3752 MORTGAGE !Continued) Page 9 Other Remedios. Lender shell have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sae of the Property. To the extent permitted by applicable low, Borrower and Grantor hereby waives " and all right to have the Property 1"a5h0W. In exercising its rights and remedies, Lender shall be fnes to sell aril or arty part of the Property together or separately, in one sale or by $emote soles, Lender shop be entitled to bid at any public sale on all or any portion of the Property. Noti a of Sale. Lender shoo give Grantor reasonable notice of the time and piece of any public rate of the Personal Property or of the time after which any private safe or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable low, reasonable notice shelf mean notice given at least tan (10) days before the time at the sale or disposition. Any sale of the Personal Property may be made In conjunction with any sale of the Real Property. Election election toRerrAdlos. Election by Lander to pursue any remedy shots not exclude pursuit of any other remedy, and make xpencottuea or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's falfurs to perform, shelf not effect Lender's right to declare s default and exercise In ?ernediss. Nothing under"thle"Mortgage or otherwise Woo-be construed so as to omit or rastrict?ha riDltts and "to Larder following an Event of Defoult, or in any way to limit or restrict the rights and abllfty of Lando to proceed directly against Grantor and/or Borrower and/or against any other co-moker, guarantor. surety or endorser and/or to procosd against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees: Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage, Lender shelf be entitled to recover such start as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses tender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shelf become a part of the hndeb ednsss payable on demand and shoo boar interest at the Note rate from the date of the expenditure unto repaid. Expenses covered by Otit paragraph include, without limitation, 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 and expenses for badtruptcy proceedings iincluding efforts to modify or vacate any automatic stay or minnCdonj, appsale. srd any anticipated post-went collection services, the cost of searching records, obtaining title reports lincludhng foreclosure reports). surveyors' sports, and appraisal fees and tits insurance. to the extent permitted by applicable low. Grantor also will pay any court costs, in addition to all other sums provided by low. NOn=. Unless otherwise provided by appicabe low, env notice required to be given under this given in writing, . and shelf be *"*a** when wwally delivered. when actually received gpe shall be otherwlee regt*ed by law), wear b by tole whnn d uunless deposited with a nationally recognized overnight courier, or, if mailed. , when deposited in the United States mall,. as first class, certified or registered mail postage prepaid, directed to the adddeeaas shown n over ow ?begb ing of Oft Mortgage. AS copies of notices of foreclosure from the holder of a^y lien which has priority Mortgage shah be sent to Lender's address, as shown now the change. its address for notices under -this Mortgage by Of?A formal written rctrtlcn notica beginning of this Mortgage. Any party may the propose of the notice Is to change to the other parties, spseifying that the party's address. For notice purposes, Grantor agrees to keep Lender informed at elf times of Grantor's current address. Unless otherwise provided by applicable low, if there is more than one Grantor, any notice gMmi by Lander to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVNiIONS. Thedollowing miscellaneous provisions are a pet of this Mortgage: Attiardtnents. This Mortgage, together with any Related Docuraw t 'I constitutes the entire understpneling and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to is Mortgage shoo be effective unless 01ven In writing and signed by the party or Parties sought to be charged or bound by the alteration or amandmant. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shelf furnish to Lender, upon request, a certi8sd statement of net ope?stine income received from the prsvioui fiscal year in such form and dotal as lender shall require. "Net operating income` Prop" shall during Grantor's receipts from the Property loss so cash expenditures made In correction with the mean elf ceah operation of the property, Caption H"digs. Caption headings in this Mortgage ere for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Govwrninng Low. This MorWW will be governed by, congbm" and anforood is _Awdonae witlt federal low sod the laws of the Cwm tatwea& of Pen yrMnla. This Mortgage has been accepted by Lender in the Commonwealth of Pone"tow". Joint and Several LlebNty. AN obligations of Borrower and Grantor under this Mortgage shall be joint and ¦ "rat, and oil references to Grantor shoo mean each and every Grantor, and all references to borrower shoo mean each and every Borrower. This means that each Borrower and Grantor signing below is responsible for all obligations in O 1872PG3753 MORTGAGE (Continued) Page 10 this Mortgage. No Waiver by Lender. Lender shall not be doernsd to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No do* or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage sham not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, not any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of say of Grantor's obigations as to any future transactions. Wherever the concord of Lender is required under this Mortgage. the granting of such consent by Lander In any instance shall not constitute continuUtg consent to subsequent instances where such consent is required and in all cases such consent may be granted or withhold In the sole discredot of Lender. Severabirlty. If a court of compotaft jurisdiction finds any provision of this unenforceable as to any person or circumstance, that Mortgage to be sgi l, invalid, or Ibnirtg sh dad not mare tfta offending provisioon Illegal, e gM invalid, or unenforceable as to ' any, other person or caaxgatance, If feasible, the offending provision sheN be considered modified so that It becomsi' legai,;beNd'and w0orceabte. If the offsndmg-pnVAsionn cannot be so modified, it shall be considered dilated from this Mortgage. Unless otihwwin. required by law, the tlfegaCty, invalidity, or unenforceability of any provision of this Mortgage shell not affect the legality, validity or enforceability of any other provision of this Mortgage. NonAllobiNty,of Lender. The relationship between .*Mgww and Grantor and Lander created by this Mortgage is strictly a debtor and creditor relationship end. not fiduclary In nature, nor is the relationship to be construed as creating any pa rtnership or joint venture between Lander and Borrower and Grantor. Borrower and Grantor we exercising Borrower's and Grantor's own j xlgoment with respect to Borrower's and Grantor's Woken. AN information supplied to. Lender is for Lender's protection only and no : other party is entitled to rely an such Information. :There. is no duty for Larder to review, inspect, supervise or intorm Borrowar and Grantor of any matter with taspect,to Borrower's and Grantor's businais. Lender end Borrower and Grantor intend that Lender may reasons* rely on,;afi infomation auppoed by B"wer and Grantor to Lander, together with all representations and warranties' given by Borrower and Grantor to lender, white investigation or confirmation by Lender and that any hwestlgation or failure to inveatipsts well not dimir"h Lender's right to so rely. Merger. There shaff.be no merger of the Interest or estate created by this Mortgage with env other interest or estate in the Property, at any time held by or for the benefit of Lander in any capacity, without the written consent of Lender. Soda Discretion of Lender. Wherever Lender's consent or approval is required under this Mortgage, the decision as to whether or not W consent or approve shall be in the sole and exduslve discretion of Lender and Lender's decision shall be final and conclusive. Successor Interests. The terma of this Mortgage shall be birdirng upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shah be enforce" by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence In the performance of this Mortgage. DERNIT,IONS. The following capitalized words and terms shoo have the following meanings when used in this Mortgage. Unless specfflcaN+y stated to the contrary, all references to dollar amounts sell mean amounts in lawful money of the United States of America. Words end terns used in the singular shah include the plural, and the plural shall include the singular, as the context may require. Wads and toms:-not otherwise defined in this Mortgage shall have the meanings attributed to such terms In the Uniform Commercial Code; Borrower. The word "Borrower' means Robert H. Black and Pamela R . Black and includes all co-signers and co-makers signing the Note. Default. The word "Default" means the Default set forth in this Mortgage in the section titled 'Default'. Environmental Laws. The words "Environmental Laws' mean sty and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. f"CERCLA"1, the Superfund Amendments and Reaudhorization Act of 1986, Pub. L. No. 99499 MARA% the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Defaadt. The words 'Event of Default' mean individually, collectively, and interchangeably any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Robert Black and Pamela R Black. Guarantor. The word 'Guarantor' means any guarantor, surety, or accommodation party of any or all of the Indebtedness, and, in each case, Grantor's successors, assigns, heirs, personal representatives, executors and t. J V VP 315 4 MORTGAGE (Continued) Page 11 adrfdniptratbre of any guarantor, surety, or accommodation party. Ciurraer?rty TFie word 'Guaranty' means the puarenty from Gueiaritor, or any other ittrarento?, eiiiho?ss, suety, or accom lcfatioa party to Lender, inckdirg without limitation a pusraro-of or pert of•the Nato. ?e:ardbrw .SuGatanees. The words "Hazardous Substances" mwi materials unit; ,brrcaease. of their quantity, concecoWtitil br physical, chemical or irdectious charactsrisids, may cause or-pose a present or potsntiad hazard to human health or the environment when improperly used, treswd,.stpnd, disposed of, generated, manufactured, tramporled: ter otherwise handled. The words 'Hazardous Subskaricas' are used in their very broadest serge and hick ds without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term 'Hazardous Substances' also ktcksdee, without 11mitstion, petroleum and petroleum by-products or any fraction thereof and asbestos. Nmpravamorm. The word 'Improvemoms" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replocements and other construction on the Real Property. Indebtednese. The word "Indebtedness' means all principal, intersst, and other amounts, costs and expenses pay" under the Note or Related Documents, together wkh am renewals of, extensions of, modifieatiam of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lander to enforce Grantor's obligations under this Mortgage, together with Werest on such emounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtadnsss which may be created in the future sham relate beck to the date of this Mortgage. Lando. The word "Lander' means COMMERCE BANKMARR1SBURG N.A., its successors and assigns. Mortgage. The word 'Mortgage' means this Mortgage between Grantor and Lender. Note. The word "Note' means the promissory note dated July 1, 2041, In the Origklal piAndpal amount of $730,000.00 from Borrower to Lends, together with all nrnewds of, extension of, modifications of, refinancings of, consolidations of, and substitutions for the promissory mote or agreement. The meturfty date of the Note is January 1, 2025. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Pmeorral Property. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hareaf er anwhad or affixed to the Real Propwty, together with all accessions, parts, and additions to, all repiscstnsnts 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 Ptperty. Property. The word 'Property' means collectively the heal Property std the Personal Property. Real Property. The words "Real Property' mean the real property, interests and rl". as further described in this Mortgage. Related D"uments. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, gusranties, security agrees-mein , mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the indebtedness. Rums. The word 'Rents" means all present and future rants, revenues, income, issues, royalties, profits, and other benefits derived from the Property. W 1872PG3755 MORTGAGE Pik 12 EACH GRANTOR ACKNOVAMM HAVWG READ ALL THE PROMSOU OF THIS MORTQAOE. AND EACH GRANTOR AONWEt To IT= TMO. TW MORTGAGE M GMW UNOMI TEAL AND IT W WTI kVW THAT TFWf3 MORTGAGE 4 AND SOU CDNETITUT! AND HAVE THR W PMWT OF A SEALED NWTRUMM ACCOROWIG TO LAW. 1A N ?tfalCa 11,11 9raae 1-1 ;nI., r. viii) CEK F CATE OF RE E I hw"y cwrdfy, that a?te praoiae ad*m of the ffm" pas, CGMMOICE N.A., Main i• as toltows: COMME MM MORTGAGE DBOARTMBfT, 100 @WATE AVM W CAW PA A ? INDMDUAE ACKNOWIED MENT COMMONWEALTH OF MMSYLVAMA i d i 6S COUNTY OF L day of pan wT " to ma la ewafaaWW promo) to bo tM nw tteM raw*doW tftst theV ox+cubd IM mm for the wwlwraef. I hstxttrtls sat ntV Rand and oQofal 5 a1f it': 20 • befom ms ? ,Wp mk* ud oi-mw R wo slAwff w to tha wm*l yoft„e., ?8I Exhibit "A" ALL THAT CERTAIN tract or parcel of land situate in the Township of Upper Allen, County of Cumberland. Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point on the western right of way fine of Sumble See Hollow Road T-614 Relocated (30' from centerine) at the dividing line between Lots #1 and 92 as shown on the hereinafter mentioned plan; thence along the western right of way One of Bumble See Hollow Road T-614 Relocated South 21°58'0(Y' West a distance of 34229' feet to a point; thence continuing along the same by a curve, curving to the left having a radius of 380.00' and an arc length of 118.38' feet to a point at the intersection of the western right of way fine of Bumble Bee Hollow Road T-614 Relocated and the northern right of way of Old Hollow Road T- 614 Relocated; thence along the northern right of way ins of Slid Hollow Road T- 614 Relocated by a curve, curving to the right In a northerly direction having a radius of 120.00' feet and an arc length of 119.86' feet to a point; thence continuing along the same North 20° 34'30" West a distance of 39.69' feet to a point at the dividing tine between Lot #1 herein described and lands now or formerly of Stanley F. Wferzyn; thence along said dividing ins North 66041'30" East a distance of 19.50' feet to a point; thence continuing along the some North 51034'30" East a distance of 91.51' feet to a point; thence continuing along the some North 220,51147" West a distance of 337.27' feet to a point; thence continuing along the same North 23°08'53" West a distance of 85.98' feet to a point at the dividing fine between Lots # 1 and #3; thence along the dividing One between Lots #1, #3 and #2 South 68002'00" East a distance of 362.99• feet to a point on the western right of way One of Bumble Bee Holkmv Road T-614 Relocated, said point being the Place of BEGINNING. BEING Lot # 1 as shown on the final Subdivision Plan of Chad Hazam. Sal! Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, Commonwealth of Pennsylvania in Plan Book 60, Page 4. ALL THAT CERTAIN tract of land situate in the TOWNSHIP OF UPPER ALLEN, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated (30' from centerline) at the dividing line between Lots #1 and #2 as shown on the hereinafter mentioned plan; thence along the western right of way line of Bumble Bee Hollow Road T-614 Relocated South 21 °58'00" West a distance of 342.29' feet to a point; thence continuing along the same by a curve, curving to the left having a radius of 580.00' and an arc length of 118.38' feet to a point at the Intersection of the western right of way line of Bumble Bee Hollow Road T-614 Relocated and the northern right of way of Old Hollow Road T-614 Relocated; thence along the northern right of way line of Old Hollow Road T-614 Relocated by a curve, curving to the right in a northerly direction having a radius of 120.00' feet and an arc length of 119.86' feet to a point; thence continuing along the same North 20°34' 30" West a distance of 39.69' feet to a point at the dividing line between Lot #1 herein described and lands now or formerly of Stanley F. Werzyn; thence along said dividing line North 66°41' 30" East a distance of 19.50' feet to a point; thence continuing along the same North 51 °34' 30" East a distance of 91.51' feet to a point; thence continuing along the same North 22°51'47" West a distance of 337.27' feet to a point; thence continuing along the same North 23°05'53" West a distance of 85.98' feet to a point at the dividing line between Lots #1 and #3; thence along the dividing line between Lots #1, #3 and #2 South 68°02'00" East a distance of 362.99' feet to a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated, said point being the Place of BEGINNING. BEING Lot #1 as shown on the Final Subdivision Plan of Chad Hazam. Said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, Commonwealth of Pennsylvania in Plan Book 60, Page 4. EXHIBIT E UPI 42-29-2456-104 Robert H. Black and Pamela R. Black, Mortgagors To Commerce Bank/Harrisburg, N.A., Mortgagee Mortgage Dated: July 1, 2004 Mortgage Recorded: July 7, 2004 Record Book 1872 Page 3745 Original Mortgage Amount: $730,000.00 Amended Mortgage Amount: $821,000.00 AMENDMENT TO MORTGAGE This AMENDMENT TO MORTGAGE dated October 12- 2007: 1. The face amount of the "Construction Mortgage" dated July 1, 2004 and recorded July 7, 2004 in Record Book 1872 Page 3745 ("Mortgage") is increased from $730,000.00 to $821,000.00. 2. The Mortgage is amended to provide that the Mortgage secures a "Note" dated July 1, 2004 in the original amount of $730,000.00, as amended by a "Change In Terms Agreement" dated July 26, 2005 which increased the indebtedness for which the Mortgage stands as collateral to $821,000.00, which "Change in Terms Agreement" dated July 26, 2005 is incorporated herein by reference thereto. 3. The following terms set forth in the Mortgage" are hereby amended as follows: Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts costs and expenses payable under the "Note" dated July 1, 2004 for the face amount of $720,000.00, as amended by a "Change In Terms Agreement"-dated July 26, 2005 which increased the principal-balance of the indebtedness for which the Mortgage stands as collateral to $821,000.00 and any amounts expended or advanced by Lender to discharge Grantor's obligations under this Mortgage, as amended, or expenses incurred by Lender to enforce Grantor's obligations under the Mortgage, as amended, together with interest on such amounts as provided in this Mortgage, as amended hereby. The liens and security interests created by the Mortgage as amended shall relate back to the date of this Mortgage. Note. The word "Note" shall refer to a "Note" dated July 1, 2004, as amended by a "Change In Terms Agreement" dated July 26, 2005 which increased the principal balance of the indebtedness for which the Mortgage stands as collateral to $821,000.00 together with all renewals of, extensions of, modifications of, refinancing(s) EXHIBIT F E r ' of, consolidations of and substitutions for The Note, as amended by the Change in Terms Agreement dated July 26, 2005. 2. Except as provided for in Paragraphs 1, 2 and 3 hereof, all terms and provisions of the Mortgage remain in full force and effect and remain binding upon Mortgagors. In Witness Whereof, Rob rt H. Black and Pamela R. Black have hereunto set their hands and seals this day of October, 2007 i ing b ly b and hereby. / (Seal) ess obert H. Black fitness Mail to: Commerce Bank/Harrisburg, N.A. York, Pa. 17111 taw, Att: Angela Masser 3801 Paxton St. Pamela R. Black Acknowledgment Exhibit "N' ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right-of-way line of North Meadow Drive, said point being on the dividing line between Lot Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 48 degrees 03 minutes 59 seconds East, eighty-nine and fifty-eight one-hundredths (89.58) feet to a point; thence continuing along same on a curve.to the right, having a radius of two hundred five and zero one-hundredths (205.00) feet, an arc length of twenty and forty-five one hundredths (20.45) feet to a point on the dividing line between Lot Nos. 20 and 19 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 41 degrees 56 minutes 01 second West, one hundred twenty-six and two one-hundredths (126.02) feet to, a -point; thence North 48 degrees 03 minutes 59 seconds West, one hundred ten and zero one-hundredths (110.00) feet to a point on the dividing line between Lot Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 41 degrees 56 minutes 01 second East one hundred twenty-five and zero one-hundredths (125.00) feet to a point on the western dedicated rigbt-of-way line of North Meadow Drive, the place of BEGINNING. BEING Lot No. 20 on Phase VI-Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds in Plan Book 65, Page 95. INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS 1l ON THIS, the ja day of r , 2007, before me Stacey L. Houck, the undersigned Notary Public, personally appeared ROBERT H. BLACK and PAMELA R. BLACK, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they execute J same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Notary Public in and for the State of PA NOTARIAL SEAL Stacey L. Houck, Notary Public York, York County My commission expires December 16, 2007 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200743948 Recorded On 11/26/2007 At 11:01:35 AM * Total Pages - 5 * Instrument Type - AMENDMENT Invoice Number - 9394 User ID - KW * Grantor - BLACK, ROBERT H * Grantee - COMMERCE BANK/HBG N A * Customer - REAM CARR MARKEY & WOLOSHIN LLP * FEES STATE WRIT TAX $0.50 RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $17.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA * RECORDER OF 17 1?DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOAU9 IIIIIIIIIGIIIIII?n Su ?v ;9 ?jl '-t - r? v 1 SHERIFF'S RETURN - REGULAR CASE NO: 2009-01129 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG VS BLACK ROBERT H ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BLACK ROBERT H the DEFENDANT , at 0014:35 HOURS, on the 26th day of February-, 2009 at 1788 NORTH MEADOW DRIVE MECHANICSBURG, PA 17055 by handing to ROBERT BLACK DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of 18.00 9.90 .00 10.00 .00 37.90 day So Answers: ?Or?? R. Thomas Kline 03/02/2009 REAM CARR MARKEY & WOOLSHIN. By: A. D. ?`. ,??`.- ? ?, ? ?. --? `? `?' SHERIFF'S RETURN - REGULAR CASE NO: 2009-01129 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG VS BLACK ROBERT H ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BLACK PAMELA R the DEFENDANT at 0014:35 HOURS, on the 26th day of February-, 2009 at 1788 NORTH MEADOW DRIVE MECHANICSBURG, PA 17055 ROBERT BLACK by handing to HUSBAND OF DEFENDANT together with a true and attested copy of COMPLAINT - MORT FORE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service 6.00 .00 So Answers: Affidavit Surcharge .00 10.00 R. Thomas Kline .00 16.00 02/27/2009 REAM CARR MARKEY & WOOLSHIN Sworn and Subscibed to By: before me this day pu y Sheriff of A.D. tv < .. 1 -& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants No.: 09-1129 CIVIL TERM Action in Mortgage Foreclosure Notice of Praecipe to Enter Judgment by Default Pursuant to Pa. R.C.P. 237.1 TO: Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 DATE OF NOTICE: MARCH 19, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 1701: PHONE 1-717-249-3166 REAM, CARR, MARKEY & WOLOSHIN LLP (formerly KAIN, BROWN & ROBERTS LLP) By: L ;, Jack eam, Esquire 11 ast Market Street York, PA 17401 Attorney 1. D. #10241 ./A Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff Commerce Bank/ Harrisburg, N.A. I hereby certify that this Notice was mailed to the Defendant on the 19TH day of MARCH, 2009. (One copy to be filed with the Prothonotary of Cumberland County, Pennsylvania) t? rv ?? -- ,.?, - ?v ?' ?? ; :` -a w r"? _,4=? _? -,- ?i m -, ;? ?s' ,t?. } 0 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants 09-1129 CIVIL TERM Action in Mortgage Foreclosure Certificate of Service: Notice of Praecipe to Enter Judgment by Default Pursuant to Pa. R.C.P. 237.1 I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, COMMERCE BANK/HARRISBURG, N.A., hereby certify that on MARCH 19, 2009, 1 caused copy of the "Notice of Praecipe to Enter Judgment by Default Pursuant to Pa., R.C. P. 237.1" to be served upon the following party by United States Mail, regular mail and certified mail, return receipt requested, postage prepaid by depositing the "Notice of Praecipe to Enter Judgment by Default Pursuant to Pa. R.C. P. 237.1" in the United States Post Office in York, Pennsylvania addressed to the following party at the following address: Robert H. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 Certified Mailing # 7008 2810 0000 1049 2950 Dated: March 19, 2009 Pamela R. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 Certified Mailing # 7008 2810 0000 1049 2967 I Jack*' Rream, Esquire Ream, Carr, Markey & Woloshin LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff Commerce Bank/ Harrisburg, N.A. r-a ;-? -,? ' ?' ? ?? - +v 'Y `: .. t ..J?' r : . :...R ?? .?- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants NO.: 2009-01129 Action in Mortgage Fi TERM losure TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLV PRAECIPE TO ENTER JUDGMENT ENTER JUDGMENT in the above captioned matter for failure to enter an appearance and/or to file a response pleading against the DEFENDANTS, ROBERT H. BLACK and PAMELA R. BLACK, and in favor of the PLAINTIFF, COMMERCE BANK/HARRISBURG, N.A., for- 1 . Foreclosure, sale and execution against real estat DEFENDANTS, ROBERT H. BLACK and PAMELA R. BLACK, knows as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsb County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam s recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for C County, Pennsylvania, UPI # 42-29-2456-104 and which is more particul Exhibit "A" which is attached hereto and incorporated herein by referenc 2. The sum of $824,210.84 with interest from Febr $5,192.32 for a total judgment amount of $829,403.16 along with costs interest at the per diem amount of $136.65. of the and numbered rg, Cumberland id Plan being imberland irly described in thereto. y 25, 2009 of suit plus Certification I certify that that I caused to be served upon the Defendants , ROBERT H. BLACK and PAMELA R. BLACK, NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT PURSUANT TO RULE 237 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE more than ten (10) days prior to the date this Praecipe fo Judgment was filed. Dated: April 3, 2009 'Jack F. Ream, Ream, Cap, arkey & of shin LLP 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 E-mail: JReam_639@com ast.net Attorney for Plaintiff Commerce Bank/Harrisbur , N.A. ALL THAT CERTAIN tract of land situate in the TOWNSHIP OF UPPER ALLEN, County of Cumberland, Commonwealth of Pennsylvania more pa icularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated (30' from centerline) at the dividing line bet ween Lots #1 and #2 as shown on the hereinafter mentioned plan; thence along the western right of way line of Bumble Bee Hollow Road T-614 Relocated So uth 21 °58'00" West a distance of 342.29' feet to a point; thence continuing alon the same by a curve, curving to the left having a radius of 580.00' and an arc len th of 118.38' feet to a point at the Intersection of the western right of way line o Bumble Bee Hollow Road T-614 Relocated and the northern right of way of OI Hollow Road T-614 Relocated; thence along the northern right of way line of Ol d Hollow Road T-614 Relocated by a curve, curving to the right in a northerly dire ction having a radius of 120.00' feet and an arc length of 119.86 feet to a point; t ence continuing along the same North 20°34' 30" West a distance of 39 69' feet to a point at the dividing line between Lot #1 herein described and Ian s now or formerly of Stanley F. Werzyn; thence along said dividing line Nort h 66°41' 30" East a distance of 19.50' feet to a point; thence continuing along th e same North 51 °34' 30" East a distance of 91.51' feet to a point; thence continu ng along the same North 22°51'47" West a distance of 337.27 feet to a point; th ence continuing along the same North 23°05'53" West a distance of 85. 38' feet to a point at the dividing line between Lots #1 and #3; thence along the dividing line between Lots #1, #3 and #2 South 68°02'00" East a distance of 3 2.99' feet to a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated, said point being the Place of BEGINNING. BEING Lot #1 as shown on the Final Subdivision Plan of Chad Ha aM* Said Plan being recorded in the Office of the Recorder of Deeds, Cumb rland County, Commonwealth of Pennsylvania in Plan Book 60, Page 4. f 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, NO.: 2009-01129 N.A., Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants TERM Action in Mortgage Foreclosure CERTIFICATE OF RESIDENCE I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, Comm N.A., hereby certify that: 1. Name and Address of Plaintiff Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 2. Name and Last Known Addresses of Defendants Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Dated: April 3, 2009 Ream, Carr, Markey & Wolsh 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast Attorney for the Plaintiff Commerce Bank/ Harrisburg, I 3ank/Harrisburg, LLP J.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff NO.: 2009-01129 vs. ROBERT H. BLACK and PAMELA R. BLACK, Action in Mortgage Fi Defendants NON-MILITARY AFFIDAVIT Commonwealth of Pennsylvania County of York Before me, the Prothonotary of York County, Pennsylvania, per JACK F. REAM, ESQUIRE, attorney for Plaintiff, Commerce Bank/Harr the above entitled case, who being duly sworn or affirmed according to says that the Defendants or Respondents, Robert H. Black and Pamel are not in the military service of the United States of America; (2) that I knowledge that the said Defendants are now living at, 1788 North Mean Mechanicsburg, PA 17055; (3) the Defendants are residents of Cumb Pennsylvania; and (4) are employed at or by: - Unknown. Sworn and Subscribed before Me this 2ND day of April, 2009 Notary Put li (pAOMMALTF1 OP pg g ___yANM, NOrfARIAL SEAL Shy L. Houck, Notary Public City of York, York County owmiWoa ka Doamba 16, 2011 ss: TERM orally appeared burg, N.A., in aw deposes and R. Black: (1) has personal )w Drive land County, Tack F. ; Esquire Ream, Carr, Markey & Wolos in LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast net Attorney for the Plaintiff Commerce Bank/ Harrisburg, A. RL LU-) cE OF THE PROTHONOTARY 2009 APR -6 AM 9: 59 PENINSYLVANA *14.0o Po ATTY e4tt4$14 e aa3a4a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants NO.: 2009-01129 CIVIL TERM Action in Mortgage F reclosure NOTICE OF ENTRY OF JUDGMENT TO: Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 DATE: April 3, 2009 (X) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE BOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YO U ON APRIL 3, 2009 FOR $829,403.16 AND FOR FORECLOSURE ON REAL ESTATE AND IMPROVEMENTS KNOWN AND NUMBERS AS 2250 BUMBLE BEE HOLLOW ROAD, UPPER ALLEN TOWNSHI , MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLV ANIA BEING LOT #1 ON A PLAN OF LOTS OF CHAD HAZAM, SAID PLA N BEING RECORDED IN PLAN BOOK 60 PAGE 4 IN THE RECORDS OF DEEDS OFFICE FOR CUMBERLAND COUNTY, PENNSYLVANIA PI # 42-29- 2456-104 AND WHICH IS MORE PARTICULARLY DESCRIB ED IN EXHIBIT "A' WHICH IS ATTACHED HERETO A D INCOR PORATED HEREIN BY REFERENCE THERETO PLUS INTEREST OF $ 36.65 PER DAY. (X) COPIES OF ALL DOCUMENTS FILED IN SUPPORT OF THE WITHIN JUDGMENT ARE ENCLOSED. Prot notary of Ne Civil Division By: If you have any questions regarding this Notice, please contact the attorney for the filing party being the Plaintiff, COMMERCE BANK/HARRISBURG, N.A.: Jack F. Ream, Esquire Ream, Carr, Markey & Wolos in LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast net Attorney for the Plaintiff Commerce Bank/ Harrisburg, .A. (This Notice is given in accordance with Pa. R.C.P. 236) NOTICE SENT TO: Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 r 1 • I ALL THAT CERTAIN tract of land situate in the TOWNSHIP OF UPPER ALLEN, County of Cumberland, Commonwealth of Pennsylvania more pa icularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated (30' from centerline) at the dividing line be ween Lots #1 and #2 as shown on the hereinafter mentioned plan; thence along the western right of way line of Bumble Bee Hollow Road T-614 Relocated South 21 °58'00" West a distance of 342.29' feet to a point; thence continuing alon the same by a curve, curving to the left having a radius of 580.00' and an arc len th of 118.38' feet to a point at the Intersection of the western right of way line o Bumble Bee Hollow Road T-614 Relocated and the northern right of way of Old Hollow Road T-614 Relocated; thence along the northern right of way line of Old Hollow Road T-614 Relocated by a curve, curving to the right in a northerly direction having a radius of 120.00' feet and an arc length of 119.86' feet to a point; hence continuing along the same North 20°34'30" West a distance of 39.69' feet to a point at the dividing line between Lot #1 herein described and Ian s now or formerly of Stanley F. Werzyn; thence along said dividing line No h 66°41' 30" East a distance of 19.50' feet to a point; thence continuing along the same North 51 °34' 30" East a distance of 91.51' feet to a point; thence continuing along the same North 22°51'47" West a distance of 337.27' feet to a point; thence continuing along the same North 23°05'53" West a distance of 85. 8' feet to a point at the dividing line between Lots #1 and #3; thence along the dividing line between Lots #1, #3 and #2 South 68°02'00" East a distance of 362.99' feet to a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated, said point being the Place of BEGINNING. BEING Lot #1 as shown on the Final Subdivision Plan of Chad Plan being recorded in the Office of the Recorder of Deeds, Cu Commonwealth of Pennsylvania in Plan Book 60, Page 4. m. Said and County, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff NO.: 2009-01129 CIVIL TERM vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants Action in Mortgage Foreclosure CERTIFICATE OF SERVICE OF FORM 236 NOTICE OF JUDGMENT I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, COMMERCE BANK/ HARRISBURG,, N.A., hereby certify that on V'1 t , 2009, I caused a copy of the "Notice of Entry of Judgment" in the above captioned matter and incorporated herein by reference hereto, to be served upon the following parties by United States Mail, regular mail and certified mail, return receipt requested, postage prepaid by depositing the "Notice of Entry of Judgment" in the United States Post Office in York, Pennsylvania addressed to the following parties at the following addresses: Robert H. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 Certified Mailing # 7008 2810 0000 1049 2936 Pamela R. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 Certified Mailing # 7008 2810 0000 1049 2943 Dated: ? tr1 2009 Jac 'KT. Rea, Esquire Ream, Carr, Markey & Woloshin LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff Commerce Bank/ Harrisburg, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants NO.: 2009-01129 CIVIL TERM N A 0 rr'T Action in Mortgage Foreclo Ie - r } cn NOTICE OF ENTRY OF JUDGMENT TO: Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 DATE: April 3, 2009 (X) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU ON APRIL 3, 2009 FOR $829,403.16 AND FOR FORECLOSURE ON REAL ESTATE AND IMPROVEMENTS KNOWN AND NUMBERED AS 2250 BUMBLE BEE HOLLOW ROAD, UPPER ALLEN TOWNSHIP, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA BEING LOT #1 ON A PLAN OF LOTS OF CHAD HAZAM, SAID PLAN BEING RECORDED IN PLAN BOOK 60 PAGE 4 IN THE RECORDER OF DEEDS OFFICE FOR CUMBERLAND COUNTY, PENNSYLVANIA UPI # 42-29- 2456-104 AND WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A' WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE THERETO PLUS INTEREST OF $136.65 PER DAY. (X) COPIES OF ALL DOCUMENTS FILED IN S PORT OF T WITHIN JUDGMENT ARE ENCLOSED. P onot umbe nd County Civil Division By: )E?(" ? 6 ) -) K If you have any questions regarding this Notice, please contact the attorney for the filing party being the Plaintiff, COMMERCE BANK/HARRISBURG, N.A.: Jack F. Ream, Esquire Ream, Carr, Markey & Woloshin LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff Commerce Bank/ Harrisburg, N.A. (This Notice is given in accordance with Pa. R.C.P. 236) NOTICE SENT TO: Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 ALL THAT CERTAIN tract of land situate in the TOWNSHIP OF UPPER ALLEN, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated (30' from centerline) at the dividing line between Lots #1 and #2 as shown on the hereinafter mentioned plan; thence along the western right of way line of Bumble Bee Hollow Road T-614 Relocated South 21 °58'00" West a distance of 342.29' feet to a point; thence continuing along the same by a curve, curving to the left having a radius of 580.00' and an arc length of 118.38' feet to a point at the Intersection of the western right of way line of Bumble Bee Hollow Road T-614 Relocated and the northern right of way of Old Hollow Road T-614 Relocated; thence along the northern right of way line of Old Hollow Road T-614 Relocated by a curve, curving to the right in a northerly direction having a radius of 120.00' feet and an arc length of 119.86' feet to a point; thence continuing along the same North 20°34' 30" West a distance of 39.69' feet to a point at the dividing line between Lot #1 herein described and lands now or formerly of Stanley F. Werzyn; thence along said dividing line North 66°41' 30" East a distance of 19.50' feet to a point; thence continuing along the same North 51034'30" East a distance of 91.51' feet to a point; thence continuing along the same North 22°51'47" West a distance of 337.27' feet to a point; thence continuing along the same North 23°05'53" West a distance of 85.98' feet to a point at the dividing line between Lots #1 and #3; thence along the dividing line between Lots #1, #3 and #2 South 68°02'00" East a distance of 362.99' feet to a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated, said point being the Place of BEGINNING. BEING Lot #1 as shown on the Final Subdivision Plan of Chad Hazam. Said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, Commonwealth of Pennsylvania in Plan Book 60, Page 4. OF THE Pii-,-?' OTARY 1009 APP 14 A 10.51 V6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMERCE BANK/HARRISBURG, Plaintiff Vs. ROBERT H. BLACK and PAMELA R., BLACK, Defendants No. 2009-0 1 1 29 CIVIL TERM Amount: $824,210.84 Interest to April 17, 2009 of $1776.45 Costs : (To be completed by BLACK, Prothonotary) Plt£ Paid. Deft. Paid. Due Prothy. Other Costs. PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF SAID COURT: Issue writ of execution in the above captioned case against real estate and improvements of DEFENDANTS, ROBERT H. BLACK and PAMELA R. BLACK situate at and known and numbered as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42-29- 2456-104 and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto. r'-1 Dated: April 17, 2009 Jac eam, Esquire Re *d, Carr, Markey & Woloshin LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff Commerce Bank/ Harrisburg ;_,c2Y I-A " 12 L e a? ao G 1`? • oo u 50 o?co P'. -50 ta- co UAO3 VX it Ao y,14 - . 49sr?j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants NO.: 2009-01129 CIVIL TERM Action in Mortgage Foreclosure AFFIDAVIT PURSUANT TO RULE 3129.1 JACK F. REAM, ESQUIRE, Attorney for Plaintiff, Commerce Bank/Harrisburg, assignee of Commerce Bank/Harrisburg, N.A. in the above action, sets forth as of the date of the praecipe for the writ of execution was filed to the following information concerning the real [property and improvements situate at and known and numbered as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42-29-2456-104 and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto. Name and Address of Owner(s) or Reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Robert H. Black Pamela R. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 1788 North Meadow Drive Mechanicsburg, PA 17055 3. Name and Address of every Judgment Creditor whose judgment is a record lien on the real property to be sold: Name Commerce Bank/Harrisburg Address (if address cannot be reasonably ascertained, please so indicate) 3801 Paxton Street Harrisburg, PA 17111 United States Department of the 1 reasu District Director Internal Revenue Service Department of the Treasury United States Government Chief Special Procedures 101 Liberty Ave. Suite 1300 Pittsburgh, PA 15222 Harrisburg, PA 17111 5. Name and Address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 4. Name and Address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Commerce Bank/Harrisburg 3801 Paxton Street 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: 2 Name N/A Address (if address cannot be reasonably ascertained, please so indicate) 7. Name and Address of every other person of who the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name N/A Address (if address cannot be reasonably ascertained, please so indicate) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: April 17, 2009 (:? am, Esquire Ream, Carr, Markey & Woloshin LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff Commerce Bank/ Harrisburg ALL THAT CERTAIN tract of land situate in the TOWNSHIP OF UPPER ALLEN, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated (30' from centerline) at the dividing line between Lots #1 and #2 as shown on the hereinafter mentioned plan; thence along the western right of way line of Bumble Bee Hollow Road T-614 Relocated South 21 °58'00" West a distance of 342.29' feet to a point; thence continuing along the same by a curve, curving to the left having a radius of 580.00' and an arc length of 118.38' feet to a point at the Intersection of the western right of way line of Bumble Bee Hollow Road T-614 Relocated and the northern right of way of Old Hollow Road T-614 Relocated; thence along the northern right of way line of Old Hollow Road T-614 Relocated by a curve, curving to the right in a northerly direction having a radius of 120.00' feet and an arc length of 119.86' feet to a point; thence continuing along the same North 20°34' 30" West a distance of 39.69' feet to a point at the dividing line between Lot #1 herein described and lands now or formerly of Stanley F. Werzyn; thence along said dividing line North 66°41' 30" East a distance of 19.50' feet to a point; thence continuing along the same North 51 °34' 30" East a distance of 91.51' feet to a point; thence continuing along the same North 22°51'47" West a distance of 337.27' feet to a point; thence continuing along the same North 23°05'53" West a distance of 85.98' feet to a point at the dividing line between Lots #1 and #3; thence along the dividing line between Lots #1, #3 and #2 South 68°02'00" East a distance of 362.99' feet to a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated, said point being the Place of BEGINNING. BEING Lot #1 as shown on the Final Subdivision Plan of Chad Hazam. Said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, Commonwealth of Pennsylvania in Plan Book 60, Page 4. 9 E EXHIBIT F,LE,_ 7r- ; ' I bogy 210 ^' ?t"», =4 pr1• I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants NO.: 2009-01129 CIVIL TERM Action in Mortgage Foreclosure NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 That the Sheriff's Sale of Real Property (real estate) will be held on SEPTEMBER 2, 2009 at 10.00 a.m. prevailing time at the following location: At a room designated by the Sheriff of Cumberland County Pennsylvania in Cumberland County Court House, One Courthouse Square Carlisle Cumberland County, Pennsylvania. The room to be designated to conduct the Sheriff's Sale will be posted on the day of the Sale being SEPTEMBER 2, 2009, at each and every public entrance to the Cumberland County Court House. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION OF your property to be sold is situate at and known and numbered as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42-29-2456-104 and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto. THE JUDGMENT under or pursuant to which your property is being sold is docketed to: COMMERCE BANK/HARRISBURG, PLAINTIFF, vs. ROBERT H. BLACK and PAMELA R. BLACK, No. 2009-01129 CIVIL TERM 4P 1 The names of the owners or reputed owners of this property are the DEFENDANTS, ROBERT H. BLACK and PAMELA R. BLACK A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Court House, One Courthouse Square, Carlisle Cumberland County, Pennsylvania 17013 Ph: 1-888-697-0371 Ext. 6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 PHONE 1-717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator, Cumberland County Court House, One Courthouse Square, 3-R, Carlisle, Pennsylvania PH: (717) 240-6200 Toll Free: 1-888-697-0371 x 6200 Fax: (717) 240-6460; e-mail: courtadmin(a),ccpa.net Dated: April 17, 2009 Jack-F-.Ke_art;5Ssgirre / Ream, Carr, Markey & Woloshin LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff Commerce Bank/ Harrisburg 40 ALL THAT CERTAIN tract of land situate in the TOWNSHIP OF UPPER ALLEN, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated (30' from centerline) at the dividing line between Lots #1 and #2 as shown on the hereinafter mentioned plan; thence along the western right of way line of Bumble Bee Hollow Road T-614 Relocated South 21 °58'00" West a distance of 342.29' feet to a point; thence continuing along the same by a curve, curving to the left having a radius of 580.00' and an arc length of 118.38' feet to a point at the Intersection of the western right of way line of Bumble Bee Hollow Road T-614 Relocated and the northern right of way of Old Hollow Road T-614 Relocated; thence along the northern right of way line of Old Hollow Road T-614 Relocated by a curve, curving to the right in a northerly direction having a radius of 120.00' feet and an arc length of 119.86' feet to a point; thence continuing along the same North 20°34' 30" West a distance of 39.69' feet to a point at the dividing line between Lot #1 herein described and lands now or formerly of Stanley F. Werzyn; thence along said dividing line North 66°41' 30" East a distance of 19.50' feet to a point; thence continuing along the same North 51 °34' 30" East a distance of 91.51' feet to a point; thence continuing along the same North 22°51'47" West a distance of 337.27' feet to a point; thence continuing along the same North 23°05'53" West a distance of 85.98' feet to a point at the dividing line between Lots #1 and #3; thence along the dividing line between Lots #1, #3 and #2 South 68°02'00" East a distance of 362.99' feet to a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated, said point being the Place of BEGINNING. BEING Lot #1 as shown on the Final Subdivision Plan of Chad Hazam. Said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, Commonwealth of Pennsylvania in Plan Book 60, Page 4. EXHIBIT WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1129 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG, Plaintiff (s) From ROBERT H. BLACK and PAMELA R. BLACK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $824,210.84 Interest to 4/17/09 -- $1,776.45 Atty's Comm % Atty Paid $172.90 Plaintiff Paid Date: 5/21/09 L.L. $.50 Due Prothy $2.00 Other Costs Curtis R. L ro o tary (Seal) REQUESTING PARTY: Name: JACK F. REAM, ESQUIRE Address: REAM, CAIM MARKEY & WOLOSHIN, LLP 119 EAST MARKET STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-843-8968 By: Deputy Supreme Court ID No. 10241 , rt r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, NO.: 09-1129 CIVIL TERM Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK and THE UNITED STATES OF AMERICA, Defendants ACTION IN MORTGAGE FORECLOSURE NOTICE TO DEFEND 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 Amended 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 Amended Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-299-3166 or 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, Plaintiff VS. No.: 09-1129 CIVIL TERM ROBERT H. BLACK and PAMELA R. Action in Mortgage Foreclosure BLACK and THE UNITED STATES OF AMERICA, Defendants AMENDED COMPLAINT ADDING UNITED STATES GOVERNMENT AS A DEFENDANT 1. The PLAINTIFF is COMMERCE BANK/HARRISBURG, a state banking association, organized and existing under the laws of the Commonwealth of having a principal place of business at 3801 Paxton Street, Harrisburg, Dauphin County, Commonwealth of Pennsylvania 17111, and hereinafter sometimes referred to as "Plaintiff'. 2. The DEFENDANTS are: 2.1 ROBERT H. BLACK and PAMELA R. BLACK, being an adult male and female individual respectively, being husband and wife, and residing at 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055 and hereinafter sometimes referred to jointly, severally, individually and collectively as "Defendants"; and 2.2 UNITED STATES OF AMERICA. While the Defendant is the UNITED STATES OF AMERICA, facts giving rising to the naming of the United States of America as a Defendant involves the Department of Treasury, Internal Revenue Service. $730,000.00. On or about July 1, 2004, the Bank loaned to Defendants the sum of 4. To evidence the loan made on July 1, 2004 of $730,000.00 by the Bank to Defendants on or about July 1, 2004, Defendants, as obligors, executed in favor of Bank, as oblige, a "Promissory Note" for $730,000.00, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference thereto. the "Construction Mortgage" (Exhibit "D") and the "Amendment to Mortgage" (Exhibit F") and is the real party in interest. 15. Pursuant to the terms of the "Promissory Note" ("Exhibit "A"), as amended by the "Change in Terms Agreements" (Exhibits "B" and "C"), the Defendant was obligated to pay monthly payments of principal and interest of $6,477.96. 16. Defendants have not made any monthly payments of principal and interest of $6,477.96 for the months of principal and interest of $6,477.96 for months of November and December of 2008 and January and February of 2009. 17. As a result of the failure of the Defendants to make the monthly payments of principal and interest as alleged in Averment 16 hereof, the Defendants are in default of the terms and provisions of the "Promissory Note" (Exhibit "A"), as amended by the "Change In Terms Agreements" (Exhibits "B" and "C"), and the "Construction Mortgage" (Exhibit "D") as amended by the "Amendment to Mortgage" (Exhibit F"). 18. As of February 24, 2009, the following amounts are owed by the Defendants to the Plaintiff on account of the Promissory Note" (Exhibit "A"), as amended by the Change in Terms Agreements" (Exhibits "B" and "C"), and the "Construction Mortgage" (Exhibit "D") as amended by the "Amendment to Mortgage" (Exhibit F"): PRINCIPAL $756,842.25 INTEREST $20,108.13 PREPAYMENT PENALTY $7,568.42 LATE CHARGES 1 850.04 TOTAL $786,368.84 19. The Defendants are not in the military service. 20. In addition to the amounts listed and set forth in Averment 18 of this Complaint, the Plaintiff is entitled to reasonable attorneys' fees for the prosecution of this lawsuit with the amount claimed by the Plaintiff, being $37,842.00 based on ten (5%) percent of the principal balance due of $756,842.25. 21. The amount of attorneys' fees requested in Averment 20 is fair and reasonable. 22. The Premises (Exhibit "E") do not constitute the principal residence of Defendants as defined in and encompassed by Act 91 ["House Financing Agency Law% "Homeowners Emergency Assistance Act"-35 P.S. 1680.401.c et. seq.]. and does not constitute residential real estates as defined in Act 6 - 41 P.S. 101 et. seq. The Premises (Exhibit "E") constitute a commercial business establishment. 23. Judgment has in fact been entered in favor of Plaintiff and against the Defendants in the above-captioned matter. FACTS INVOLVING THE UNTIED STATES GOVERNMENT 24. On March 28, 2008, the Department of the Treasury, Internal Revenue Service filed a "Notice of Federal Tax Lien" in the Office of the Prothonotary of Cumberland County, Pennsylvania to 2008-1959 in the amount of $74,501.31 against the Defendant, Robert H. Black. 25. Attached hereto, marked Exhibit "G" and incorporated herein by reference is a true and correct copy of the "Notice of Federal Tax Lien" referred to in Averment 20 hereof. 26. The present fair market value of the real estate and improvements situate at and know and numbered as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42-29-2456-104, described in Exhibit "E" is $735,000.00. 27. The real estate and improvements situate at and know and numbered as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42-29-2456-104 and described in Exhibit "E" is subject to the following liens which are prior to the tax lien in favor of the United States Government: a. Mortgage in favor of Bank referred to In Averment 7 $786,368.84 28. This Amended Complaint is filed pursuant to 28 U.S.C.S. 2410 which provides as follows: (a) Under the conditions prescribed in this section and section 1444 of this title X28 USCS 1444 for the protection of the United States, the United States may be named a party in any civil action or suit in any district court, or in any State court having jurisdiction of the subject matter-- (1) to quiet title to, (2) to foreclose a mortgage or other lien upon, (3) to partition, (4) to condemn, or (5) of interpleader or in the nature of interpleader with respect to, (c) A judgment or decree in such action or suit shall have the same effect respecting the discharge of the propertyfrom the mortgage or other lien held by the United States as may be provided with respect to such matters by the local law of the place where the court is situated. However, an action to foreclose a mortgage or other lien, naming the United States as a parry under this section, must seek judicial sale. WHEREFORE, the PLAINTIFF, COMMERCE BANK/HARRISBURG prays Your Honorable Court for a judgment in favor of the PLAINTIFF, COMMERCE BANK/HARRISBURG and against the DEFENDANTS, ROBERT H. BLACK and PAMELA R. BLACK, for: r STATE OF PENNSYLVANIA SS: COUNTY OF Before me, a Notary Public, in and for the said County and State, personally appeared ?rnl? kk. l USJCrwho, being duly sworn according to law, doth depose and say that she/-.I?+a is a 64 S.eCOV t? Sq 4 of Commerce Bank/Harrisburg, a banking organization organized and existing under the laws of the Commonwealth of Pennsylvania, and that as such officer is authorized to make this Affidavit on behalf of Commerce Bank/Harrisburg and that the facts set forth in the foregoing document are true and correct to the best of her/--tT knowledge, information and belief. COMMERCE BANK/HARRISBURG Sworn and Subscribed to before me this 5 (SEAL) Amy ter day of JV-"_ 2009. Notary Pu c COMMONWEALTH OF FEWSYLVAIVIq NOTARIAL SEAL Stacey L. Houck, Notary Public City of York, York County My commission" ires December 1 6, 2011 I PROMISSORY NOTE Principal Amount: 5730,000.00 Initial Rate: 6.500% Dote of Note: Juty 1, 2004 PROMISE TO PAY. Robert H. Black and Pamela R Black I"Borrower') join* and severally promise to pay to COMMERCE BANKIHARRISBURG N.A. ("London"), or order, In lawful money of the United States of Amerks, the principal amoratt of Seven Hundred Thirty Thousand & 001100 Oorars (=730,000.00) or so much as may be outstanding. together wiih interest on the unpaid outstanding principal balance of each advance. interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Subject to any. payment changes resukhq from changes In the Index, Borrower will pay this ban in scoordance with the following payment schedule: 9 monthly consecutive Interest payments, beginning As" 1, 2004, with Interest calculated on the unpaid principal balances at an Interest nee of 6.600% per annum: 67 monthly consecutive principal and Interest payments In the Initial amount of $5,687.34 each. beginning May 1. 2005, with Interest calculated cn the unpaid prhelpal balances at an Interest rate of 6.600% per annum: 179 monthly consecutive principal and klmr vsymonts7nvwbLdd-aowwd.of.04,966.74 each. beginning February 1, 2010, whh Interest calculated on the unpaid principal balances at an interest rate based on the Prime Rain as published In Via Money Rate Suction of the Wall Street Journal. If a range of rates Is published, the highest will be used. (currently 4.000%). plus a merely of 1A00 percentage points. resulting in on initial Ietarest rota of 5.000%; and one principal and interest payment of $4,964.78 on Jwwwy 1. 2025, with Interest calculated on the unpaid principal balances at an Interest rate based on the Prune Rate as published in the Money Rats Section of the Wall Street Journal. If a range of rates is published the highest will be used. Icurerttiy 4.000%), plus a margin of IJ= percentage points. resulting In an i imal interest rote of 6.000%. This estimated fkal payment Is based an the assumption that all psymanto Will be made. exactly as scheduled and slot the Index does not change: the actual final psymant will be for all principal and accrued Internet not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or requked by applicable law, paymaMs. will be applied first to any accrued unpaid Inte?em. than to principal: then to any unpaid coisetion eastst and than to any Into charges. The annud merest raw for this hot* is corrrpu od on a 3651360 bask; that Is. by applying the ratio of the annual interest rob over a year of 360 days, multiplied by the owstandin g principal balance. multiplied by the actual number of dogs the pri m*W balance Is outstanding. Borrower will pay Lander at Lender's address shown above or at such other place as Lender may designate In wants. VARIABLE INTEREST RATE. The interest rate on this KIM Is subject to change from time to time based on changes in an independent Index which is the Prime Rate as published in the Money Rate Section of the War Street Journal. If a range of rates is published. the highest will be used. (the "index"). The Index Is not necessarily the lowest rate charged by Lender on Its bans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Indus after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make bans based on other rates as welt. The Indax currently Is 4.000% per annwn. The interest rate at rates to be applied to the unpaid prkm*W balance of this Note will be the rate or false set forth heroin in the -PoymwW section. Notwithstanding any other provision of this Note, after tin lust payment stream, she Interest rats for each subsequent payment stream WE be effective as of this last payment daft of the Just-sndi g psyrent stream. NOTICE: Under no circumstances will the interest rata an this Note be more than the maximum rate showed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by he original final maturity date, (B) increase Sorfowar's payments to cover accruing interest, (C) increase the number of Borrower's payments, and f0) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loon foss and other prepaid finance charges we earned fully as of the date of the loan and will not be subject to refund upon early payment lwhather voluntary or as a result of default), except as otherwise required by law. Upon prepayment of thin Now, Lender Is entitled to the following prepayment panaky: Prepayment of any amount of the principal sum shall be subject to a penalty chow e/ 5% during the that year of amordtation and decrnMng 1% par year thereafter to par. Except tar the foregoing. Borrower may pay all or a portion of the amount owed earlier than it Is due. Early payments will not, unless agreed to by Lender in writing. relieve Borrower of Borrower's obligation to eont n o to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked 'paid in full", "without recourse", or similar language. It Borrower sands such a payment, Lander may accept it without losing any of lender's rights undo this Note, and Borrower will remain obligated to pay env further amount owed to Lender. All written communications concerning disputed amounts, Including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed. or delivered to: COMMERCE BANKIHARRISBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011. LATE CHARGE. If a payment is 10 days or more late. Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable low. DEFAULT. Each of the following shall constitute an event of default f"Event of Default') under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default In Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or fumished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in env material respect, either now or at the time made or furnished or becomes false EXHIBIT bOrroweri Robert-H.-Black fSSN: ._ .._.. der_..._.._._COMMERCE BANKMARRISBURG N.A. Pamela R Stack (SBN: tf36-46-4209) COM IiLTA1 MORTGAGE DEPARTMENT 1788 North Meadow Drive 100 SENATE AVENUE Macha*sburg. PA 17056 CAMP HILL, PA 17011 (717) 975-5630 PROMISSORY NOTE Loan No: 3126250 (Continued) or misleading at any time thereafter. Page 2 Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Leader monies or a surety bond for the crack" or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 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 evidenced by this Note. In the event of a death, Lander, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, In doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note to impaired. Insecurity. Lander in good faith believes itself insecure. Cure PrwAslons. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve )12) months, it may be cured if Borrower, after receiving written notice from Lender demander cure of such default. (1) cures the default within fifteen {15).days; or (2) if the cure requires more than fifteen (151 days, Immediately IrtMes steps which Lender deems In Lender's sole disc Wit to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default,. Lander may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that smount. ATTORNEYS' FEES; EXPENSES: Lander may hire or pay someone else to help collect this Note H Borrower dpes not pay. Borrower win pay Lander that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,' whether or not there Is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts tD.modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Mots will be governed by, construed and enforced In accordance with federal law and the laws of the Commonwealth.. . of Pennsylvenle. This Note hie been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lander reserves a right of setoff In all Borrower's accounts with Lander 1whether checking, savings, or some other account). This includes all accounts Borrower holds Jointly with someone else and en accounts Borrower may open in the future. However, this does not include any IRA or Ksolgh accounts, or any trust accounts for. which setoff would be prohibited by law. Borrower authorizes Lander, to the. extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by First mortgage on parcel P42-28-2456-104 and improvements to be constructed thereon. located on Bumble Bee Hollow Road. Mechanicsburg, Cumberland County. Second Mortgage behind an ASN-AMRO first lien of 0146,000 on the borrowers' personal residence located at 1768 North Meadow Drive, Mechanicsburg, Cumberland Courny (lien to be released should a new appraised value for the subject property to be constructed provide LTV of 85%). LINE OF CREDIT. ThlsNote evidences-a-straight line of credit. Once the total amount of principal hag been advanced, Borrower-(stuot entitled to further ban advances. Borrower agrees to be liable for all sums either: (Al advanced in accordance with 1twinsUtktions of an authorized person or (8) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at anytime maybe evidenced by endorsements on this Note or by Lender's internal records, Including daily computer print-outs. POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party(ies) involved in the loan transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan which was Incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten (10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default under the Loan. COMMITMENT LETTER COMPLIANCE.. This loan is t onti n n Borr??gqww.s compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about, 200?f Upon breach of any term of condition therein Lender shall have the right to declare this loan in default and demand payment full o the prkoipsl balance remaining unpaid, together with all interest, which shall have accrued thereon. . SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(al to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL, PA 17011 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (al make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelwats, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with on without the substitution of new collateral; (d) app ch security and direct the order or manner of ' ,a thereof, including without limitation, any non-jJdicial sate permitted by the terms o: controlling security agreements. as Lender in its `don may determine; (e) release, substitute, agree not to sue, or deal with any one or n..-:a of Borrower's sureties, endorsers, or other guara,_., i on any terms or in any manner Lender may PROMISSORY NOTE Loan No: 3126250 (Continued) Page 3 other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly 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 (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon ot perfect Lender'a.secuuity..J e_-ms_T.in ".collateral; and take any other action deemed necessary by Lander without the consent of or notice to anyone. All such parties also agree that Lander may middy thfa ban witliout ft -consent of or rWica 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 eMorceab}Gty of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, 70GETHER WITH COSTS OF SUIT, AND AN ATTORNEY'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 (85001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE 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, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT 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. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORR ' X .... (SoN} 20, Black X ! t? yc't.i Seal} Paine a R Black u Upl W4 ELF VW. 9.9Lta'aa lM.. M?IrnIMr,Y LMY+a 4. 1M7.7w1. NNF?II?v+? -N N:MMM?MtY/MM[Ttr10761C '1IF 11w #..11 r aNGE IN TERMS AGREEME( References in the shaded area are for Lender's use only and do not limit the applicability, of this document to any particular loan or item. Any item above containing - " has been ornitted due to text length limitations. Borrower: Robert H. Black ISSN: 16942.5571) P..amele.B.Black ISSN; 166-46-4209) -- 1788 North Meadow Drlw Mechanicsburg, PA 17055 Lender: COMMERCE BANK/HARRISBURG NA. _.__?Mf'3tC1A1 MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL, PA 17011 (717) 975-5630 Principal Amount: $730,000.00 Inttlal Rate: 6.500% Date of Agreement: May 3, 2005 DESCRIPTION OF CHANGE IN TERMS. Extend interest only period for six (61 months. Reamortize the ban over 20years with principal and interest payments to begin November 1, 2005, with a new maturity date of October 1, 2025. Payments as detaiied below. All other terms, conditions, covenants and agreements shall remain as described in the original loan documents. PROMISE TO PAY. Hobart H. Black end Pamela R Black ('Borrower") jointly and severally promise to pay to COMMERCE BANKIHARRISBURG N.A. 1"Lender'1, or order, in lawful money of the United States of America, the principal amount of Seven Hundred Thirty Thousand b 001100 Doran 14730,000.00) or so much as may be outstanding, tog~ with Interest on the unpaid outstanding principal balance of each advance. interest shall be calculated from the date of each advance umr repayment of each-advance. PAYMENT. Subject to any payment changes resulting from changes in the Index. Borrower will pay this ban in accordance with the following payment schedule: 6 monthly consecutive inrterest payments. beginning May 1. 2005, with interest calculated on the unpaid prirheipal balances at an Interest rate of 6.500% per annum; 51 monthly consecutive principal and interest payments in the initial amount of $5,483.36 each. beginning November 1, 2005. with interest calculated on the unpaid principal balances at an interest was of 6.600% par annum; 188 monthly consecutive principal and Interest payments in the initial amount of $6,574.75 each, beginning February 1, 2010, with Interest calculated on the unpaid principal balances at an Interest rate based on the Prints Rate as published in the Money Rate Section of the Won Street Journal. if a range of rates Is published, the highest will be used. (currently 5.750%1, plus a raw& of 1.000 percentage points, resulting In an Initial interest rate of 6.75096; and one principal and interim payment of $5,575.06 on October 1, 2025, with interest calculated on the unpaid principal balances at an Interest rate based on tits Prime Rate as published In the Money Rate Section of the War Street Journal. It a range of rates is published, the highest will be used. Icurrently 5.750%1, plus a margin of 1.000 pwcentagie pests. resuhltg in an Itittal Interest rate of 6.750%. This estimated final payment Is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final paymem will be for err principal and accrued IMareat not yet paid, together with any other unpaid amounts under this Agreement. Unless otherwise agreed or reputed by applicable law, payments will be applied first to any accrued unpaid interest: then to principal; then to any unpaid collection costs: and then to any late charges. Interest on this Agreement Is computed out a 365!360 simple Interest bass; tat Is, by applying the ratio of the annual interest rate over a year of 360 days, muldpred by the outirlandling multiplied by the actual number of days the principal balance is outstanding. Borrower wrl principal balance. pay tensor at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Agreement is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Morey Rate Section of the Well Street Journal. If a range of rates is published, the highest will be used. (the "Index'). The Index is not necessarily the lowest rate charged by Lender on its bans. It th% Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently to 5.750% per annum, The interest rate or rates to be applied to the unpaid principal balance of the Note will be the rate or rates sat forth herein in the "Payment" section. Notwithstanding any odor provision of this Agreement, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of tits last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on the Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and ID) continue Borrower's payments at the same amount and increase Borrower's final Payment. PREPAYMENT PENALTY. Borrower agrees that all ban fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Agreement, Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum sitar be subject to a penalty charge of 5% during the fast year of amortization and declining 1% per year thereafter to per. Except for the foregoing. Borrower may pay all or a portion of the amount owed earlier than K Is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full', "without recourse', or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lander's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. AN written communications concerning disputed amounts, including any check or other payment instrument that indicates that the paymem constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISSURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE. CAMP HILL, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Agreement win bear interest from the data of acceleration or maturity at the variable interest rate on this Agreement. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the interest rate applicable to this Agreement at the time judgment is entered. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. 'Borrower fai)s to make any payment when due under the Indebtedness, Other Defaults. Borrower tails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default In Favor of Third Parties. Borrower defaults under any loan, extension of erJ6 security agreement, purchase or sales agreement, EXHIBIT E CHANGE IN TERMS AGREEMENT Loan No: 3126250 (Continued) Page 2 or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to perform Borrower's obligations under this Agreement or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or insolvency, The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture ProceadhVir. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affeadng 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 evidenced by this Note. M the event of a death, Lender. at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes Itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the defauk within fifteen (15) days; or (2) if the cure requires more then fifteen (15) days, immediately inklates steps which Lender deems at Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' tees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees. expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Agreement will be governed by fularal law appieebte to Lender and. to the extant not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its con iku of law provisions. This Agreement has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law. Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the futures. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing an the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Agreement is secured by Fast mortgage on parcel 042-29-2456-104 and improvements to be constructed thereon, located on Bumble Bee Hollow Road, Mechanicsburg, Cumberland County. Second Mortgage behind an ABN-AMRO first Gen of 8146,000 on the borrowers' personal residence located at 1788 North Meadow Drive, Mechanicsburg, Cumberland County (lien to be released should a new appraised value for the subject property to be constructed provide LTV of as%). LINE OF CREDIT. This Agreement evidences a straight fine of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Agreement or by Larder's internal records, including daily computer print-outs- CONTINUING VALIDITY. Except as expressly changed by this Agreement, the tetras of the original obligation or obligations, including all agreements evidenced or securing the obl'igationis), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change In terms. Nothing in this Agreement will constitute a satisfsetion of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be reieaeed by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives. successors, and assigns, and shall be enforceable by Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(" should be sent to us at the following address: COMMERCE BANK/HARRISSURG N.A. LOAN SERVICING PO BOX 1195 CAMP HILL, PA 17011-1195. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Each Borrower understands and agrees th' th or without notice to Borrower, Lander may w'"k respect to any other Borrower (al make one or more additional secured or unsecuret is or otherwise extend additional credit; (b) i Icompromise, renew, extend, accelerate. or otherwise change one ar more times the tu..d for payment or other terms of any indebtedness, . ,,hiding increases and decreases of the rate of -- ?ha kvlnhtoAnwAn! (rt Rxchanoe. enforce. waive, subordinate, fail or decide not to perfect, and release any security, with or without f, Loan No: 3126250 :HANGS IN TERMS AGREEMENT (Continued) Page 3 the substitution of new collateral; td) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any master Lender may choose; and (fl determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand tor_ payment, and .1fNZtiCg_ of distiorwr. Upon any change in the terms of this Agreement, and unh;ss otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guwsrttor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon of perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender witfxwt the consent of or notice to anyone. AN such parties also agree that Lender may modify this ban without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1096) 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 ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WANES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORRO i (Beall Robert ck t 7 X (Seal) Pamela R Black uuewFl101wIM?.w.f.».w.aw cam.Kr "PF ftk n Y IN".*- YIYVMtftn t . ..w It1YVtlAM%FIMII ftft%=JC nNltlf W21 \ PFP7 off, MANGE IN TERMS AGREEM, t i' -o ..:as in the shaded area are for Lander's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ..... has been omitted due to text length limitations. JWer: Robert H. Black (SSN: 169.42-5571) Lender: COMMERCE BANK/HARRISBURG N.A. _._.___.Pamda R 81a?tr M-N-;__M-49642052._.. .. _ ..... _......_._.__...__-. _...COMMBRCI/ L-#AORTOAGE-DEPARTMENT 17788 North !Meadow Skive 100 SENATE AVENUE Mechanicsburg, PA 17055 CAMP HILL. PA 17011 (717197&5630 Principal Amount: 4821,000.00 Initial Rate: 6.500% Date of Agreement: July 26, 2005 DESCRIPTION OF CHANCE IN TERMS. Effective as of the date of this agreement the loan amount will be increased from $730,000.00 to $821,000.00. All other terms and conditions remain as previously documented. PROMISE TO PAY. Robert H. Black and Pamela R Black I'Borrower") jointly and severally promise to pay to COMMERCE BANKIHARRiSBURG N.A. ("Lender'l, or order. In lawful money of the United States of America, the principal amount of Eight Hundred twenty-one Thousand & 001100 Dollars 1#821,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Subject to any payment changes resulting from flanges In the Index, Borrower will pay this ban in accordance with the following payment schedule: 3 monthly consecud" interest payments, beginning August 1, 2005, with Interest calculated on the unpaid at an interest rate of 6.500% per annum; 51 monthly consecutlw principal and Interest payments In the initial amount of $,1166 principal each, beginning November 1, 2005, with interval calculated on the unpaid principal balances at an interest rate of 6.500% per annum: 188 monthly consecutive principal and Interest payments in the Initial amount of $6,477.96 each, begs nI nil February 1, 2010, with interest calculated an tits unpaid principal balances at an Interest rate based on the Prins Rate as published In the Money Rate Section of the Wag Street Journal. If a range of rates Is published, the highest will be used, (currently 8.250%), plus a margin of 1.000 percentage points, resulting in an irAW interest raw of 7.250%; and one principal and Interest payment of $6.477.96 on October 1, 2025, with interest calculated on the unpaid principal balances at an Interest rate based on the Prime Rate as published it the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest win be used. (currently 6.250%), plus a margin of 1.000 percentage points, resulting In an Initial interest raw of 7.250%. This estimated final payment is based an the assumption that all payments will be made exactly as scheduled and that the Index does not change. the actual final payment will be for ant principal and accrued interest not yet paid, together with arty other unpaid amounts under this Agreement. Unless otherwise agreed or required by applicable lew, payments will be applied first to any accrued unpaid Interest: then to principal: then to any unpaid collection costs; and than to any late charges. frawast on this Agreement Is computed on a 365/360 simple interest basis: that Is. by applying the nib of the auwal interest ran over a year of 360 days. multiplied by the outstanding principal balance, multiplied by the actual nurnnber of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other piece as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Agreement is subject to change from time to time based on changes in on independent index which is the Prime Rate as published in the Money Rate Section of the Wag Street Journal_ If a range of rates is published, the highest will be used. (tire 'Index"). The Index is not necessarily the lowest late charged by Lander on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The ilex currently Is 6.250% per annum. The interest raw er rates to be app%W to the unpaid principal balance of the Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Agreement, after the fist payment stream, the Interest raw for each subsequent payment stream will be effective as of the lost payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on the Note be more then the maxkvvxn rate allowed by applicable law. Whenever increases occur in," interest rote, Lender, at its option, may do one or more of the following: fill increase Borrower's payments to ensure Borrower's loan wig pay off by its original final maturity date, 181 increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and 10) continue Borrower's payments at the some anununt and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the ban and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by taw. Upon prepayment of this Agreement, Lander In entitled to the following prepayment pons ty' Prepayment of any amount of the principal sum shell be subject to a penalty charge of 5% during the fist year of amortkadon and declining 1 % per year thereafter to par. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It is due. Early payments will not, unless agreed to by Lender in writing. relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer paymams. Borrower agrees not to send Lender payments marked "paid in fug", "without recourse', or similar language. It Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed anwuxa must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011. LATE CHARGE. It a payment is 10 days or more late. Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Agreement will bear interest from the date of acceleration or maturity at the variable interest rate on this Agreement. The interest rate win not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the interest rate applicable to this Agreement at the time judgment is entered. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or r y affect any of Borrower's property or Borrower's ability h.Aiuu E 11 CHANGE IN TERMS AGREEMENT Loan No: 3128250 (Continued) Page 2 to perform Borrower's obligations under this Agreement or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to tender by Borrower or on Borrower's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or fumished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a gang business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor at Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by iudicial proceeding, self-help, repossession or any other method. by arty creditor of Borrower or by. any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borrower's accounts. including deposit accounts, with Lander. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 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 evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Gua(antor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing to, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lander believes the prospect of payment or performance of the indebtedness is impaired. insecurity. Lander in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve 112) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 11151 days; or (2) If the cure requires more than fifteen 05) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to curt the default and-thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lander may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone also to help collect this Agreement if Borrower does rat pay. Borrower will pay Lender 'that amount. This Includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctions, and appeals. If not prohibited by applicable law. Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the Commonwealth of'Pennsylvanis. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lander (whether check'mg, savings, or some other account). This includes all accounts Borrower holds jointly with someone also and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Agreement is secured by First mortgage on parcel 142.29-2456-104 and improvements to be constructed thereon, located on Bumble Bee Hollow Road, Mechanicsburg, Cumberland County. Second mortgage behind-an-,ASN-AMRO first lien of $146,000 on the borrowers' personal residence located at 1788 North Meadow Drive, Mechanicsburg, Cumberland County (ken to be released should a new appraised value for the subject property to be constructed provide LTV of 85%). LINE OF CREDIT. This Agreement evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (e) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Agreement or by Lender's internal records, including daily computer print-outs. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligationls) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANKIHARRISBURG N.A. LOAN SERVICING PO BOX 1 195 CAMP HILL, PA 17011-1195. ISCELLANEOUS PROVISIONS. Lander may delay or forgo enforcing any of its rights Of remedies under this Agreement without losing them. h Borrower understands and agrees that, with or without notice to- Borrower. Lander may with respect to any other Borrower la) make one more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or rwise change one or more times tF , for payment or other terms of any indebtedness )uoing increases and decreases of the rate of at oh the indebtedness; Ic? exchar. }nforce, waive, subordinate, fail or decide not to ct, and release any security, with or without bstitution of new collateral; (d; apply such security and direct the order or manner bale thereof, including without limitation, any r? i CHANGE IN TERMS AGREEMEN Loan No: 3128250 (Continued) Page 3 non-judicial sale permitted by the terms of the comrolling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, of deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lander may choose; and if) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for palrrpent, and notice of dishonor. Upon any changy,in the,terms of thie_Agreement, and unles,a otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATI^RAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'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 I S500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE DF-THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS AGREEMENT. EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AG T IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFE F A S ED INSTRUMENT ACCORDING TO LAW. BOWER.: f X (Seal) ck It {SeaU a b44?? ]( iML4?? . Pamela Bleek LM11~W'ry.Yom.5.n{=00.[Y•.M.Vr r.." soirM M. W. =a Mheft ftw- - PA 1[MIMM Wamemmew1c M lion P%%% r RECORDATION REQUESTED BY: SANKIHARRISSURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL. PA 17011 WHEN RECORDED MAIL TO: COMMERCE BANI MARRISSURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL. PA 17011 „ DEEDS ' 04 JUL ... 7.. -Pfl 1 1a SEND TAX NOTICES TO: COMMERCE SJUMHARiMSSURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAW HILL. PA 17011 FOR RECORDER'S toss ONLY CONSTRUCTION MORTGAGE THIS MORTGAGE dated July 1, 2004, is nlitade and executed between Robert Black and Pamela R Black, whose address is 1788 North Meadow Drhre, Mechanicsburg. PA 17055 (referred to below as *Grantor") and COMMERCE BANKMARRISBURG N.A., whose address is 100 SENATE AVENUE, CAMP HILL, PA 17011 freferred to below as "Lender" I. GRANT OF MORTGAGE. For vakrabM coneMeradon. G craw grants, bargains, salle. convoys, assigns. tra wars; 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 sub"Wen* erected or affixed buildings, improyamerrta end fixtures: ell streets. lanes, alloys. passages, and ways. all easements, right of way, all Illiertlss, privilegaa, tenements, hereditaments, and appurtenances thereunto bolonging or anywise medo appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real inckxft without limitation ail minerals, oil, 44aa, geothermal end shmMar matters, (the "R Prop"") ooccaeteed ? In Culnberland County, Connnonweslth of Pennsylvania: See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as H fully set forth herein. The Real Prey or its address is colnnionly known as Bun-ibis Be* Hollow Road, Mechanicsburg, PA 17058. Grantor presently sssigns to Lander all of Grantor's right, title, and Interest In and to all present and futwo leases of the Property and all Rants from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest In the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. S GIVEN TO SECURE Ulf PAYMENT OF THE INDEBTEDNESS AND (al PEIFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $7+30,000.00, THE RELATED DOCUMENTS. AND THIS !MORTGAGE. THIS MORTGAGE, INCLUDNNG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, all ALSO GIVEN To SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETwEEN NOR ROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN. SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS MORTGAGE. THIS MORTGAGE lS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Bun 1 8 7 2 PG 3 7 4 5 I EXHIBIT E r MORTGAGE (Continued) Page 2 GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency' law, or any other law which may prevent Lender from bringing any action against. Grantor, including a claim . for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage Is executed at Borrower's request and not at the request of Lander; (b) Grantor has the full power, right, and authority to enter Into this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a default under any agreement or other inowu ment binding upon Grantor and do not result in a violation of any law, regulation, court decree of order applicable to Grantor. (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis Information about Borrower's financial condition; and fel Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness; of Borrower). PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lander all Indebtedness secured by this Mortgage as it becomes due; and Borrower and Grantor shall strictly perform all Borrower's and Grarltor'a obligations.uno.sr this Mortgage. CONSTRUCTION MORTGAGE. This Mortgage is a 'construction mortgage" for the purposes of Sections 9-334:and 2A-309 of the Uniform Commercial Code. as those sections have been adopted by the Commonwealth of Pemrylvar". POSSESSION AND.MANTHMANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shag be govemed by the following.provisksas: Possession and Use. Und ten occurrence of an Event of Default, Grantor may (1) remain in possession and control of the PiopeRy; W use, operate or manage the Property; and (3( collect the Rents from the Property.. Duty to Uslttaln. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements: grid mainterarice necessary to preserve its value. Co mplenee With Envirawnental Laws. Grantor represents and warrants to Lender that: 11) During the period of Grantor's owrership of-ths.Property, there has been no use, generation, manufacture, ttorage,_treatmem, disposal, release or tMeatenod release of anyMazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there hue been, except as previously disclosed to and acknowledged by Lender in writing, fa) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treabnant, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowfedgW by Lender in writing. (a) nether 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 Substance on, under, about or from the Property; and IN any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinsrmcan, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests. at Grantor's expense, as Lender may deem appropriate to determine compliance.of the Property with this section of the Mortgage. Any inspections or tests made by Larder 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 Grantor's due diligence in investigatW4-the-Proper4?4w,Mezardous Substances. Grantor hereby (11 • eleases 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 laws; and (2) agrees to indemnify and hold harmless Lender against any and asp claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, rabase or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the awns was or should haw 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 otherwise. Without otherwise limiting Grantor's covenants as provided herein, Grantor shall not without Lender's prior written consent, remove or permit the removal of send, gravel or topsoil, or engage in borrow pit operations, or use or permit the use of the Property as a land IN or dump, or store, burn or bury or permit the storage, burring or burying of any material or product which may result in contamination of the Property or the groundwater or which may require the issuance of a permit by the Environmental Protection Agency or any state or local government agency governing the Issuance of hazardous or toxic waste permits, or request or permit a change in zoning or lard use classification, or cut or remove or suffer the cutting or removal of any trees or timber from the Property. At its sob cost and expense, Grantor shall comply with and shall cause ad occupants of the Property to comply with all Environmental Laws with respect to the disposal of industrial refuse or waste, and/or the discharge, 8K 1872PG3746 MORTGAGE (Continued) Page 3 processing, marwfecture, generation, treatment, removal, transportation, storage and handling of Hazardous Substances, and pay Immediately when due the cost of removal of any such wastes or substances from, and keep the Property free of any Ilan imposed pursuant to such laws, rubs, regulations and orders. Grantor shag not install or permit to be installed in or on the Property, friable asbestos or any substance containing asbestos and deemed hazardous by federal, state or local laws, rules, regulations or orders respecting such material. Grantor shall further not install or permit the Installation of any machinery, equipment or fixtures containing polychlorinated blphemyls IPC9o) an or in the Property. VAth respect to any such material or nmmrisb curren* present In or on the Property. Grantor shall promptly comply with all applicable Environmental Laws regarding the safe removal thereof, at Grantor's expense. Grantor shelf indemnify Lander and hold Lender harmless from and against all loss, cost, damage and expense (including, without limitation, attorneys' leas and costs incurred in the investigation, defense and settlement of claims) that Lender may incur es a relwlt of or in connection with the assertion against Lender of any rdainn relating to the presence or rernoval of env Hazardous Substance, or dompgancit with any Environmentd Law. No notice from any governmental body has ever been served upon Grantor or, to Grantor's knowledge after due inquiry, upon any -prior owner of the Property, ch dmkV a violation of or sunder any Environmental Low or conncer ng the environmeAtel state, bondifion or quality of the Pr6owty, or the'iiee'thersof. or requiring or caging attention-06 the need for any work, repairs, constriction, removal, cleanup, alterations, demolition, renovation or installation am or in connection with, the Property In order to comply with shy Emkonmontal Law., and upon receipt of any such notice, Grantor shag take any and all steps, and shag perform shy and all actions necessary or appropriate to comply with the some. at Grantor's expanse. In the event Grantor fags to do so, Lender may declare this Mortgage to be in default. Nuleancs. Waste. Grantor shag not cause, conduct or pemnit any nuisance not 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 the foragoing, Grantor will not remove, or, gram to any other party the right to remove, any timber, minarals (including oil and gas), coal, clay, scoria, soli, gravel or rock products widaeit Lender's prior written consent. Renaud of hnprovemema. Grants shag not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Imp?overnerts of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may Omer upon the Real Property at all reasonable times to attend to Lender's interests end to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortpaga. CornpSance with Governmental Wwpdronents. Grata shell promptly comply with eN laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americana VVIth dsabigdes 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 post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Larder's Interest. Duty to Protect. Grantor sprees neither to abandon or Nava unattended the Property. Grantor shag 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 Property. CONSTRUCTI001 LOAN. If some or all of the proceeds of the ban creating the Indebtedness are to be used to construct or complete construction of any Improvements an the Property, the Improvements shag be completed no later than the maturity deft of the Note for such earlier dote as Lender may reasonably establish) and Grantor shall pay in full all costs and expenses in connection with the work. Lender will disburse ban proceeds under such terns and conditions an lender may deem reasonably necessary to insure that the interest created by this Mortgage shag have priority over all possible Bens, including those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by receipted bills, axpense affidavits, waivers of ions, construction progress reports. and such other documentation as Lender may reasonably request. TAXES AND LIENS. The following provisions relating to the taxes and fans on the Property we part of this Mortgage: Payment. Grantor shell pay when due (and in aN events prior to ddinquencyi all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done an or for services rendered or material fumial to the Property. Grantor shall maintain the Property free of any ions having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. 8111" 18 72PG3747 MORTGAGE (Continued) Page 4 Right to Contest. Grantor may withhold payment of afty tau, assessment, or claim in connection with a good faith dispute over the obligation to Pay, ao long as Lender's interest in the Property Is not javpardized, it a lien. arises or is filed as a result of nonpayment, Grantor shall within fifteen 115) days after the lien antes or, it a Nan is filed, within fifteen (15) days attar Grantor has notice of do filing, secure the discharge of the lien, or it requested by Lender, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' tees. or other charges that could accrue as a result of a foreclosure or sale under the Gat. In any contest, Grantor shall defend itself and Lander and shall satisfy any adverse judgment before enforcement spinet the Property. Grantor shah name Lander as an additional obtiggse under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any orris a written statement of the taxes and assessments against the Property. Nodce of Construction. Grantor shah notify Lender at least fifteen (15) days before any work is corlimesoed, .an y services are furnished, or shy matOwo are supplied ti) the Property, If any mechanic's lien, materialmen's Gan, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request 4-Lbndsr furnish to Lander advance sasuranoes satisfactory to Lender that Grantor can and will pay the cast of'such improvements. PROPERTY 'DAMAGE INSURANCE. The following' provisions relating to insuring the Property are apart of this Mortgage. Matatananae of Inswence, Grantor . spent. procure and maintain policies of fire insurance with standard extended coverage endorsements on a. replacement basis for the full Insurable value covering so improvernents on the Rant Property in an amount sufficient to avoid spplication of any coinsurance clause, and with a standard mortgagee clause in favor of Lander. Grantor shall also procure and maintain comprehensive general liability Inarance in such coverage amounts as Lender'may request with Under being named as additional insureds in such liability insurome policies. Additionally, Grantor shah maktsin sunh other insurance, including but not limited to hazard, buiiriiss interruption and boller insurance as Lender may require. Policies shall be written by such insurance componc4is4nd in such form as may be reasonably acceptable to Lender. Grantor shah deliver to Lander certificates of coverage from each answer contsieirg a stipulation that cove" will not be cancelled or diminished without a minimum-9f ten (10) days' prior written notice to Lander 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 favor of Lander will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located In an ores deeignated by the Director of the Federal Emergency Management Agency as a special flood hazard was, Grantor agrees to obtain and maintain Federal flood Insurance, if available, within 45 days after notice is given by Lender that the Property Is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the khan, up to the maximum policy limps set tender the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. (cantor shall promptly nobly Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (151 days of tits casualty. 1Mhether or not -Lender's security is impaired, Lander may, at Lander's eieetion, receive and retain the proceeds of any Insurance and apply the proceeds to -the reduction of the -Indebtedness. payment of any ran -affecting the Property, or the restoration and repair of the Property, If Lender elects to apply the proceeds to restoration and repair, Grantor shah repair or replace the damaged or destroyed Iimprovements in' s manner satisfactory to Lender. Lander chap, upon satisfactory proof of such sxpehditare, pay or reirnburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shoo be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shah be applied to the principal balance of the indebtedness. If Lander folds any proceeds after payment in full of the Indebtedness, such proceeds shoo be paid to Grantor as Grantor's interests may appear. Unexpired Insurance at Sale. Any unexpired Insurance shah inure to the bensfit 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 Property. LENDBR*S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge; of pay-when due shy amounts Grantor Is required to discharge or pay milder this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall rat be obligated to) take any action that Under deems appropriate, including but not omIted to discharging or paying as taxes, liras. security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. AN such expenditures incurred or paid by Lender for such purposes will then ,,if i Q7 2.?63148 MORTGAGE (Continued) Page 5 bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. AN such expenses will become a part of the indebtedness and. at Lender's option, will (A) be payable on demand; IB) be added to the balance of the Note and be apportioned wrong and be payable with any instaiknnom payments to become due during either (1) the term of any applicable insurance policy; or (2) the remalrAV term of the Note: or (C) be treated as s balloon payment which wig be due and peyabN at the Note's maturity. The Mortgage also will secure payment of ttese.smounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable tide of record to the Property in fee simple, free and clear of all Mons and encumbrances; other than those set forth In the Real Property description or in any title insurance policy, tide report, or find title opinion Issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lander. Deform of Tffle. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of oil persons. In the event arty action or proceeding is commenced that questions Grantor's title or the Interest of Lender undar this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such procesd'mg, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by course) 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 participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with ale existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. AN representations, warranties, and agreements made by Grantor in this Mortgage shag survive the execution and delivery of this Mortgage, shall be continuing in nature, and shelf remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full. CONDEPMATION. The tollowing provisions relating to condemnation proceedings ass a part of this Mortgage: Notice of Proceedings. Grantor shell finmediately notify Lender in writing should all or any pert of the Property become subject to any condemnation or expropriation proceedings or other similar proceedings, including without limitation, any condemnation, confiscation, eminent domain, inverse condemnation or temporary regndeition or taking of the mortgaged Property, or any part or parts of the Property. Grantor further agrees to promptly take such steps as may be necessary and proper within Lerder'a sole judgment and at Grantor's expense, to defend any such condemnation or expropriation proceedings and obtain the proceeds derived from such proceedings. Grantor shall not agree to any settlement or compromise or any condemnstion or expropriation claim without Lender's prior written consent. Lender's Psrdelpatiooa. Lender may, at Lender's sole option, elect to participate in any such condemnation or expropriation proceedings and be represented by counsel of Lender's choice. Grantor agrees to provide Lender with arch documentation as Lender may request to permit Lender to so participate and to reimburse, Lender for Landor's costs associated with Lender's participation, including Lender's reasonable attorneys' fees. Conduct of Proeaadigs. If Grantor fads to defend any such condemnation or expropriation proceedings to Lender's satisfaction, Lender may undertake the deforms of such a proceeding for and on behalf of Grantor. To this end, Grantor irrevocably authorizes Lander, such authorization being coupled with an interest, to bring, defend, adjudicate, settle, or otherwise compromise such condemnation or expropriation claims; it being understood, however, that, unless one or more Events of Default (other than the condemnation or expropriation of the Property) then exists wrier this Mortgage, Lender will not agree to any final settlement or compromise of any such condemnation or expropriation claim without Grantor's prior approval, which approval shelf not be unreasonably withheld. Appilcatlen of Net Pracesds. Lender shelf have the right to receive all proceeds derived or to be derived from the condemnation, expropriation, confleoatkom eminent domain, inverse condemnation, or any permsnard or temporary requisition or taking of the Property, or any part or parts of the Property ("condemnation proceeds"). In the event that Grantor should recehro any such condemnation proceeds, Grantor agrees to Immediately turn over and to pay such proceeds to Lender. AN condemnation proceeds, which are received by, or which are payable to either Grantor or Lender, shell be applied, at Lender's sole option and discretion, and in such manner as Lender may determine (after payment of ale reasonable costs, expenses and attorneys' fees necessarily paid or incurred by Grantor and/or Lerxler), for the purpose of: (a) replacing or restoring the condemned, expropriated, confiscated. or taken Property; or (b) reducing the then outstanding balance of the indebtedness, together with interest thereon, with such payments being applied in the manner provided in this Mortgage. Lender's receipt of such condemnation [IV A t 872PG3749 MORTGAGE (Continued) Page 6 proceeds and the application of such proceeds as provided in this Mottgags shall not affect the lien of this Mortgage. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a pan of this Mortgage: Current To=#, Fees amd Chwees. 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 continua Lender's lion on the Real Property. Grarwor shad reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stomps, and other charges for recording or registari g this Mortgage. Taxes. The following shad constitute taxes to which this.sectior sppks; III a specific tax upon this type of Mortgage or upon all or any.pwt of the Indebtertgtqla secured by this Mortgage: 12) a specific tax on Borrower which Borrower Is authorized or required to deduct from payments on"Ind9btlgdFsea esoursdl.by ifnis.typ* of Mortgage: (3) a tawom:04 type of Mortgage bhorgeable against the tlerxW or die.hokkr of the Note: and-.l.4i e specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax, to which this section applies is an"o 4ubosqupnt to the date of this.Mortgage, this event shall hew the same efApt.ae aft Event of Default, end},.(, mW .may armories any ar,all of.ltsvavailable remedies for an Event of pefautt. ga. provided below unieas t'arentor efther, (f) ..; pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the Tons. and Liens section and deposits with Lander cash or a sufficient corporate surety bond or other security saWactory to Lander. SECURITY AGRffINBrFT. FDWXSIQ STATQIIENTS. The following provisions relating. to this mortgage. as,* security agreement are a part of this Mortgage: Security Agreement. Thia- metnanent &W constitute a Security A groorrowit to the extent any of ft - Property constitutes fixtures. and Lender sham hive aN of the rights of a secured party under the Uniform Cornmarciai code as amended from *time to time. Security Interest. Upon request by Lender. Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents end Personal Prapdrty. hu'addidon to recording this Mortgage in the real property records,. Lander may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a fin for all expenses inqurred in perfecting or continuing this security statement. Grantor shad reimburse Eerier sever or detach the Personal Property n from the Property. ? e Upon dafauAt, Grantor shall net remove, Upon default, Grantor shall assemble ble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mafiktg addresses of Grantor {debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Cods) we as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations we a part of this Mortgage: Further Assurenees. At any time, and from time to time, upon request of Lender, Granter wNN make, execute and deliver, or WIN cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, retied, or rerecorded, as the case may be, at such tines and in such offices and places as Lender may deem appropriate, any and aN such mortgages, doodle of trust, security deeds, security agreements. financing statements, continuation statertsrrts,.instruments of further assurance, certificates, and other documents es may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (I I Borrower's and Grantor's obligations under the Note, this Mortgage, and the Related Documents. and 12) the Ae?s and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Larder agrees to the contrary in writing, Grantor shag fekrdxrse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorisations. It 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 end at Grantor's expense, For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Larder's We opinion, to accomplish the matters referred to in the preceding paragraph. it is understood that nothing not forth hersin shad require Lender to take any such actions, FULL PERFORMANCE, If Borrower 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 suitable statements of termination of any financing statement on fie evidencing Lender's security interest V1111 1812?G375© r MORTGAGE {Continued) Page 7 in the Rents and the Personal Property. Grantor will pay, if permitted by applicable low, any reasonable termination fee as determined by Lender from time to- *no. EVENTS OF DEFAULT. Each of the following, at Larder's option, shall constitute an Event of Default under this Mortgage: Payment Defeuh. Borrower fails to make any payment when due under the Indebtedness. D~ 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 firing of or to effect discharge of any lien. Other Defaults. Borrower or Grantor fags to comply with or to perform any other term, obligation, covenant or condition contained In this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. oehuk In Favor of Third Partles. Should Borrower or any Grantor default under any loan, extension of credit, security agreemortt, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that rrtsy materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Midabker)irisas or 6iTowar"s-or- Grantor's-abifhy to perform their respective obligations under this Mortgage or any related document. False flitstorrnents. Any warranty. representation or statement mails or furnished to Lender by Borrower or Grantor or- on Borrower's or Grantor's behalf, or made by Guarantor, or any other guarantor, endorser, surety, or accommodation party,. under this Mortgage or the Related Documents in connection with the obtaining of the Indebtedness evidenced by the Note or any security document directly or indirectly securing repayment of the Now is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective CoNassrolkedon. This Mortgage or any of the Related Documents ceases to be In full force and effect iinciudirg failure of any collateral document to create a veld and perfected security interest or refill at any time and for.orty ressom . Deeds or Inselvermy. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of credtror workout, or the commencement of any proceeding under any bankruptcy or insolvency lows by or against Borrower or Grantor. Creditor or Forhiwre PreeNdb ile. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, IflCkxft deposit accourts, with Lander. However, this Evert of Default shall not apply if there Is s good faith dispute by Borrower or Gnmtor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the crodkor or forfeiture proceeding and deposits with Lender monies or a surety bond for the credhor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Exeeufim: Attachment. . Any execution or attachment is levied against the Property, and such execution or attachment In not set aside, discharged or stayed within thirty 130) days after the same is levied. Chow In Zonkv or .Public; Reabiction. Any_ change in any zoning ordinance or regulation or. any other public restriction is enacted, adopted or kaplememod, that Smite or defines the uses which may be made of the Property such that the present or intended use of the Property, an specified in the Related Documents, would be in violation of such zoning ordinance or regulation or public restriction, as charged. Default Under Other Lion Documents. A default occurs under any other mortgage, deed of trust or security agreement covering all or any portion of the Property. Judgment. Unless adequately covered by Insurance in the opinion of Lender, the entry of a final judgment for the payment of money Involving more than ton thousand dollars (010,000.001 against Borrower or Grantor and the failure by Borrower or Grantor to discharge the same, or cause it to be discharged, or bonded off to Lender's satisfaction, within thirty (30) dogs from the date of the order, decree or process under which or pursuant to which such judgment was entered. Breech of Other AgrewneM. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor, or any other BK 1872PG375 r MORTGAGE (Continued) Pagea guarantor, endorser,. surety, or accommodation party of any of the Indebtedness or any Guarantor, or any other guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the indebtedness. In the event of a death. Lender, at its option, may, but shop not be required to, psmtit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Advat a Change. A material adverse change occurs in Grantor's financial condition, or Lender bepeves the prospect of payment or performance of the Indebtedness is Impaired. Insecurity. Lander in good faith believes itself insecure. Right to Cuts. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, lt may be cured if Grantor, after receiving written notice from Larder deunanding cure of such default: (1) cunw.the default within fifteen (15) days; or (21 if the cure requires more than fifteen (15) days, irpmediebly initiates steps wh}ch.Lender deems kvLender's *ole discretion.;to be sufficient to owe the default and thereafter continues artrf•complo"s all . reasonable and necessary steps sufficient to produce compience as soon as reasonably practical. RIGHTS AND REMEDNS ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's• option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness Immediately due and payable. UCC Remedles. With respect to all or any part of the Personal Property, Lander shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Copeot Rents. Lander shall have the right, without notice to Borrower-or GrantiDr, to ;aka possession of the Property and, with or without taking possession of the Property, tq,.collect the Rsrts,.iltok4% amounts past due and unpaid, and apply the net proceeds, over and above Lader's costs, against the kidebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lander. If the Rents we collected by Lander, then Grantor irrevocably •aubwrim Leveler to endorse instruments received lei payment thereof in the name of Grantor and to nagotiasa the sane and collect the proceeds. Payments by- tenants or other users to tender in response to is Woir's demand shop satisfy the obligations for which the payments are made, whether at not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Resolver. Lender shell have the right to have a recelva appointed to take possession of all or any pan of the Property, with the power to protect and preserve the Property, to operate 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 recsivw may serve without bond if permitted by law. Lender's right to .the appointment of a receive shall exist whether or not the apparent value of the Property exceeds the Indebtedness by ¦ substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judk*d Farecbswe. Lander may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. , Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lander and all persons claiming under or through Larder, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and conless judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lander 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 prior writ or proceeding whatsoever. Nardudidal Sells. If permitted by applicable law, Larder may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by not-judicial sale. Defklency 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. If Granter remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shop, at Lender's option, pay a reasonable rental for the use of the Property, or 121 vacate the Property immediately upon the demand of Lander. nV 1812Q63152 UIN • MORTGAGE (Continued) Page 8 other Remedles. Lender shell have all other rights and remedies provided in this Mortgage or the Note or avaiiable at law or in equity. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all right to have the Property mwahaNed. In exorcising its rights and remedies, Lander shall be free to so all or any part of the -Property together or separately, in arm sale or by separets sales. Lender shall be entitled to bid at any pcbnc sale on all or any portion of the Property. Nodes of Bob. Lander 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 sate or ather intended disposition of the Personal Property is to be made. Unless otherwise required by applicable taw, reasonable notice shall mean notice given at least ten (101 days before the time of the sale or disposition. Any sale of the Personal Property may be nude in conjunction with any sale of the Real Property. Elarden of floor Allies. Election by Lender to pursue any remedy shell not exclude pursuit of sny other remedy, and an electron to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under"thia-Mortgage or otherwise shall, be construed so as to limit or restrict-the-ri titer red to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or Borrower and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees: Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recovar such sum as the court may adjudge reasmuible as attorneys' fees at trial and upon any appeal. Whether or not any court action Is kwoWed, and to the extent not prohibited by law, all reasonable expenses leader Incurs that in Lander's opinion are necessary at any time for the protection of its irdefest or the enforcemom of its rights shah become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation. however subject to any limits under applicable low, Lender's attorneys' fees and Lender's legal expenses, whather or not there is ¦ lawsuit, Including attorneys' fees and expenses for barkruptcy proceedings finekxding efforts to modify or vacate any automatic may or W#Bwdon). appeals, and any srticipsted post-judgment collection services, the cost of searching records, obtaining tide reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance. to the extent permitted by applicable few. Grantor also win pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable low, any notice required to be given carder this Mortgege shall be given in writing, . and shelf be effective when actually delivered, when actually received by tsletacsimile (unless otherwise required by low), when deposited with a notionally recognized overnight courier, or, if muted, when deposited in the United States mail,, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. AN copies of notices of foreclosure from the holder of any Nan which has priority over this Mortgage shell be sent to Lender's address, as shown new 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 that the purpose of the notice Is to change the party's address. For notice purposes. Grantor agrees to keep Lender informed at all times of Grantor's currant address. Unless otherwise provided by applicable law, it there is more then one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The•foliowing miscellaneous provisions are a part of this Mortgage: A04ndnrents, This Mortgage; together with any filleted Docuraerts; constitutes the entire u ndamtprding and agreement of the partei as to 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 boind by the alteration or amendment. Annual Reports. It the ftopwW is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, s certified statement of net operating morons received from the Property during Grantor's previous fiscei year in such form and datad as Lender shall require. "Net opaatfng income" shall mean all cash receipts from the Property less oil cash expenditures made in connection with the operation of that Property. Caption lleodisgs. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or donne the provisions of this Mortgage. GaYmnkq Law. This lfiortgage will be geVemad by, construed end enfaraed in accordenoe wIth federal law end the laws of the Comntonweallli of Pennsylvania. This Mortgage has been accepted by Lauder in the Conrnoawasith of Pennsylvania. Joint and Several LWAky. AN obligations of Borrower and Grantor under this Mortgage shall be joint and several, and en references to Grantor shall mean each and every Granter, and all references to Borrower shsN mean each and every Borrower. This means that each Borrower and Grantor signing below is responsible for all obligations in 8K 1872PG3753 • , ? t ,'^s i :i MORTGAGE (Continued) Page 10 this Mortgage. No Waiver by Lander. Lander shall not be deemed to have waived any rights under this Mortgage unless such waiver Is given in writing and signed by Lander. No delay or omission on the part of Lander in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lander of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision at this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shah not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabirky. If a court of competertt jurisdiction finds any provision of this Mortgage to be Illegal, invalid, or unenforceable as to any person or circumstance, that finding shall, not make tha'offending provision Illegal, invalid, or unenforceable as to any, otiter person or circumstance. If feasible, the offending provision shall be considered modified so that it beeomsui' legal, tiaNd unnif enforceable. If the offemwfing'provisfon cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise. required by law, the illegality, invalidity, or unenforceabhity of any provision of this Mortgage shall not affect the legality, validity or anfomeebility of any other provision of this Mortgage. Non-Bale( y,of Lander. The relationship between. gofr4wer and Grarmr and Lender created by this Mortgage is strictly a debtor and creditor relationship and,not flduc{ery In nature, nor is the relationship to be coratrued as creating any partnership or joint venture between Lander and Borrower and Grantor. Borrower and Grantor are exercising gorrowor's &W Grantor's own Woornert with respect to borrower's and Grantor's business. AN information- supplied to. Lender is for lender's protection only and no zothw party Is entitled to rely on such lnformation. There. is no duty for Lender to review, inspect, supervise or inform Borrower and Grantor of any matter with respect,to Swrower's and Grantor's 'business. Lender and Borrower and Grantor intend that Lender may reasonably rely on, 'all information supplied by Borrower and Grsmor to Lender, together with all representations and warranties given by Borrower and Grantor to Lender, without investigation or confirmation by Lender and that any Investigation or failure to investigate will not diminish Lender's right to so rely. f+llarger. There shaq.be no merger of the Interest or estate created by this Mortgage with any otter interest or estate in the Property. at any time held by or for the benefit of Lender in any capacity, without the written consent of Lander. Sole Discretion of Lends'. Whenever Lender's consent or approval is required under this Mortgage, the decision as to whether or not to consent or approve shall be in the sole and exdmsnive discretion of Lander and Lender's decision shall be final and conclusive. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shah be enforceable by Lender and its successors and assigns. llMe In of the Essence. Time is of the essence in the performance of this Mortgage. DERN6001S. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless spec floah ji stated ,to the contrary, AN references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shah include the plural, and the plural shall include the singular, as the context may require. Words and tarms,rot otherwise defined in this Mortgage shah have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower' means Robert H. Black and Pamela R Black and includes all co-signers and co-makers signing it* Note. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Defoule. Environmental Laws. The words "Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. I'CERCLA"I, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-4991"SARA1, the Hazardous Materials Transportation Act, 49 U.S.C. Section 180 1, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state of federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words 'Event of Default" mean individually, collectively, and interchangeably any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Robert Black and Pamela R Mack. Guarantor. The word 'Guarantor" means any guarantor, surety, or accommodation party of any or all of the indebtedness, and, in each case, Grantor's successors, assigns, heirs, personal representatives, executors and .187 2PS3154 MORTGAGE (Continued) Page 11 adridniatratbre of any guarantor, surety, or accommodation party. Gaw" The word "Guaranty" means the guaranty tram Guelrsrit6rr, or my other gor, eiWorser, surety, or accomfOdadoh party to Lender. Including without limitation a quNaris`r`of iiN dr'peri tlf•ttfe Note. ild.aedow .Substances. The words "Hazardous Substances' mean nwferials that'.. .use of their quantity, concerjtfatafn Air physical, chemical or iMecboW chsraeteristies, may caunis,w•,poss • present of potential hazard to human health or the environment when improperly used, ir60W.-stored, disposed of, generated, manufactured, transported.ibr otherwise handled. The words 'Hazardous Subitericds' we used in their vory broadest sense and include without limitation any and all hazardous or toxic substances, mstwisis or waste as defined by or listed under the Environmental Laws. The term 'Hazardous Substances' also induda, without limitation, petroleum and petroleum by-products or any fraction thereof end asbestos. Imp?dvernents. This word "Improvements" means all existing and future improvements, 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, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The ions and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shelf relate back to the date of this Mortgage. Lender. The word 'Lender" means COMMERCE BANKMARRISSURG N.A., its successors and assigns. Mortgage. Tha word 'Mortgage" means this Mortgage between Grantor and Lender. Nob. The word 'Note' means the promissory note dated Judy 1, 2004, In the original prindW WMUnt of 6730,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory -rote or agreement. The maturity date of the Note is January 1, 2025. 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; together with ad accessions, parts, and additions to, ai replace., rRs of. and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refuels of premiums) from any safe or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Reel Property. The words 'Real Property' mean the real property, interests and rights, as further described in this Mortgage. Rented Documents. The words "Related Documents' mean all prom bsory notes, credit agreements, ban agreements, environmental agreements, gueanties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word 'Rents" means all present and future rants, rsvenues, income, issues, royahies, profits, and other benefits derived from the Prbperty. 6141872P63755 t . MORTGAGE (Continued) Pops 12 EACH GRANTOR ACKNOWLED0112 HAVMIG READ ALL THE PROVISIONS OF THIS MORTGAGE. AND EACH GRANTOR AGREES TO ITS TOM. THIS MORTGAGE IS ONO UN M SEAL AND IT IS KTBN= THAT TM MORTGAGE K AND SHALL CONSWUR AND HAVE THE BM I OF A SEALED INSTRUMOfT AOCORMS TO LAW. 1-18111, CERTIFICATE OF RE8IDEMCE I hmoby certify. that the pradss address of ft atartpgw. N.A., 1044 (a fa hollows. COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVdRJE. CAMP FA 1 A far INDIVIDUAL. ACKNOWLEDGMENT COMMONWEALTH OF POOSYLVAMA ? couNTY OF ? ?' ? n hs- ? day of - L", tM Public. Pan !IU . mown to ms (of aatlafeatorily pnaven? to be the whollm nee and %-=tm"ad that they examited the same for #W ad . whateeR. I haatams sat my find and mm 20 bsfsre ma •Week am appzj PAN" 0?.'m Ft we sobam bed to to wht* bovumant, ? 4 87 ZP?,37 ?0 r r ALL THAT CERTAIN tract of land situate in the TOWNSHIP OF UPPER ALLEN, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated (30' from centerline) at the dividing line between Lots #1 and #2 as shown on the hereinafter mentioned plan; thence along the western right of way line of Bumble Bee Hollow Road T-614 Relocated South 21 °58'00" West a distance of 342.29' feet to a point; thence continuing along the same by a curve, curving to the left having a radius of 580.00' and an arc length of 118.38' feet to a point at the Intersection of the western right of way line of Bumble Bee Hollow Road T-614 Relocated and the northern right of way of Old Hollow Road T-614 Relocated; thence along the northern right of way line of Old Hollow Road T-614 Relocated by a curve, curving to the right in a northerly direction having a radius of 120.00' feet and an arc length of 119.86' feet to a point; thence continuing along the same North 20°34' 30" West a distance of 39.69' feet to a point at the dividing line between Lot #1 herein described and lands now or formerly of Stanley F. Werzyn; thence along said dividing line North 66°41' 30" East a distance of 19.50' feet to a point; thence continuing along the same North 51 °34' 30" East a distance of 91.51' feet to a point; thence continuing along the same North 22°51'47" West a distance of 337.27' feet to a point; thence continuing along the same North 23°05'53" West a distance of 85.98' feet to a point at the dividing line between Lots #1 and #3; thence along the dividing line between Lots #1, #3 and #2 South 68°02'00" East a distance of 362.99' feet to a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated, said point being the Place of BEGINNING. BEING Lot #1 as shown on the Final Subdivision Plan of Chad Hazam. Said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, Commonwealth of Pennsylvania in Plan Book 60, Page 4. EXHIBIT E K qN ctK UPI #: 42-29-2456-104 Robert H. Black and Pamela R. Black, Mortgage Dated: July 1, 2004 Mortgagors To Commerce Bank/Harrisburg, N.A., Mortgagee Mortgage Recorded: July 7, 2004 Record Book 1872 Page 3745 Original Mortgage Amount: $730,000.00 Amended Mortgage Amount: $821,000.00 AMENDMENT TO MORTGAGE This AMENDMENT TO MORTGAGE dated October 2007: 1. The face amount of the "Construction Mortgage" dated July 1, 2004 and recorded July 7, 2004 in Record Book 1872 Page 3745 ("Mortgage") is increased from $730,000.00 to $821,000.00. 2. The Mortgage is amended to provide that the Mortgage secures a "Note" dated July 1, 2004 in the original amount of $730,000.00, as amended by a "Change In Terms Agreement" dated July 26, 2005 which increased the indebtedness for which the Mortgage stands as collateral to $821,000.00, which "Change in Terms Agreement" dated July 26, 2005 is incorporated herein by reference thereto. 3. The following terms set forth in the Mortgage" are hereby amended as follows: Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts costs and expenses payable under the "Note" dated July 1, 2004 for the face amount of $720,000.00, as amended by a "Change In Terms Agreement" -dated July 26, 2005 which increased the principal balance of the indebtedness for which the Mortgage stands as collateral to $821,000.00 and any amounts expended or advanced by. Lender to discharge Grantor's obligations under this Mortgage, as amended, or expenses incurred by Lender to enforce Grantor's obligations under the Mortgage, as amended, together with interest on such amounts as provided in this Mortgage, as amended hereby. The liens and security interests created by the Mortgage as amended shall relate back to the date of this Mortgage. Note. The word "Note" shall refer to a "Note" dated July 1, 2004, as amended by a "Change In Terms Agreement" dated July 26, 2005 which increased the principal balance of the indebtedness for which the Mortgage stands as collateral to $821,000.00 together with all renewals of, extensions of, modifications of, refinancing(s) EXHIBIT F of, consolidations of and substitutions for The Note, as amended by the Change in Terms Agreement dated July 26, 2005. 2. Except as provided for in Paragraphs 1, 2 and 3 hereof, all terms and provisions of the Mortgage remain in full force and effect and remain binding upon Mortgagors. In Witness Whereof, Robert H. Black and Pamela R. Black have hereunto set their hands and seals this UA.day of October, 2007 i ing b ly b and hereby. (Seal) ess obert H. Black fitness Pamela R. Black Acknowledgment Mail to: Commerce Bank/Harrisburg, N.A. Att: Angela Masser 3 801 Paxton St. York, Pa. 17111 Ikhibit "A" ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right-of-way line of North Meadow Drive, said point being on the dividing line between Lot Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 48 degrees 03 minutes 59 seconds East, eighty-nine and fifty-eight one-hundredths (89.58) feet to a point; thence continuing along same on a curve .to the right, having a radius of two hundred five and zero one-hundredths (205.00) feet, an arc length of twenty and forty-five one-hundredths (20.45) feet to a point on the dividing line between Lot Nos. 20 and 19 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 41 degrees 56 minutes 01 second West, one hundred twenty-six and two one-hundredths (126.02) feet to, a-point; thence North 48 degrees 03 minutes 59 seconds West, one hundred ten and zero one-hundredths (110.00) feet to a point on the dividing line between Lot Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 41 degrees 56 minutes 01 second East one hundred twenty-five and zero one-hundredths (125.00) feet to a point on the western dedicated right-of-way line of North Meadow Drive, the place of BEGINNING. BEING Lot No. 20 on Phase VI-Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds in Plan Book 65, Page 95. INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK 1` ON THIS, the Lj day of ?? (? ?? , 2007, before me Stacey L. Houck, the undersigned Notary Public, personally appeared ROBERT H. BLACK and PAMELA R. BLACK, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. .1. , I L IN WITNESS WHEREOF, I hereunto set my hand and official seal. ``. Notary Public in and for the State of PA NOTARIAL SEAL Stacey L. Houck, Notary Public York, York County My commission expires December 16, 2007 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200743948 Recorded On 11/26/2007 At 11:01:35 AM * Total Pages - 5 * Instrument Type - AMENDMENT Invoice Number - 9394 User ID - KW * Grantor - BLACK, ROBERT H * Grantee - COMMERCE BANK/HBG N A * Customer - REAM CARR MARKEY & WOLOSHIN LLP * FEES STATE WRIT TAX $0.50 RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $17.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA G o RECORDER OF D Imo * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 000AU9 III ! I I I II I II I{ I IIII II I I II ili Form 668 (Y)(c) lRev. February 2004) Department of the Treasury - internal Revenue Service Notice of Federal Tax Lien A Serial Number For Optional Use by Recording Office rea: SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913-6050 431849708 L-OR:$ _ ?TJ9 ~C-4'I As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the followhWnamed taxpayer. We have made a demand for payment of this llabilhy, but it remains unpaid. Therefore, there Is a lien In favor of the United States on all property and rights to Cjotl ai5f0$ property belonging to this taxpayer for the amount of these taxes, and additional penalties, Interest, and costs that may accrue. P ao?8y$ Name of Taxpayer ROBERT H BLACK Residence 1788 N MEADOW DR MECHANICSBURG, PA 17055-5152 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in 1RC 6325(a). Tax Period Date of Last Dar for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refilling of Assessment (a) b c) d e 6672 12/31/2004 XXX-XX-5571 01/07/2008 02/06/2018 30743.00 6672 03/31/2005 XXX-XX-5571 01/07/2008 02/06/2018 27243.97 6672 06/30/2005 XXX-XX-5571 01/07/2008 02/06/2018 16523.34 a c? :. C-' _n C:7 m 21. .. `? W 3TJ Place of Filing Prothonotary Cumberland County Total $ 74510.31 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI the 20th day of March 2008 , on this, Signature A Title REVENUE OFFICER 22-06-1408 for MIGNA RODRIGUEZ (717) 777-9622 (NOTE: Certificate of officer authorized by law Rev. Rul. 71-466, 1971 - 2 C.B. 409) EXHIBf P? ? C m to the validity of Notice of Federal Tax lien Form 668(Y)(c) (Rev. 2-2004) CAT. NO 60026x f . . 4 RED-4:) f-ECt OF THC P +THOIN'OTA?Y 2009 JUN -8 PM 12: 50 MVM?w11'iU 4.'.Ju! Y 1 S NEa 4NSYLVANIA ti ? y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No.: 09-1129 CIVIL TERM Plaintiff VS. ROBERT H. BLACK and PAMELA R. Action in Mortgage Foreclosure BLACK and THE UNITED STATES OF AMERICA, Defendants STIPULATION It is hereby stipulated and agreed by and between COMMERCE BANKJHARRISBURG, Plaintiff, and the Defendant, UNITED STATES OF AMERICA, as follows: I . That the premises referred to in the Complaint is owned by ROBERT H. BLACK and PAMELA R. BLACK, being an adult male and female individual respectively, being husband and wife, and residing at 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055 and hereinafter sometimes referred to jointly, severally, individually and collectively as "Defendants". 2. The Plaintiff filed an action in mortgage foreclosure to the above number and term, and named as Defendants ROBERT H. BLACK and PAMELA R. BLACK and UNITED STATES OF AMERICA. 3. The parties hereby agree that the UNITED STATES OF AMERICA shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. § 2410 et seg. iS `e.46 4Z I'8 WV Z- NnP 6002 t =.: a r,J16bV H a. A 4. The UNITED STATES OF AMERICA hereby accepts service of the Amended Complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the Defendant. 5. The UNITED STATES OF AMERICA has one (1) tax lien against the property which is subject to the action of mortgage foreclosure entered in the Prothonotary's office of Adams County, Pennsylvania as follows: DATE OF LIEN LIEN INFORMATION AMOUNT OF LIEN March 28, 2008 6 2008-1959 $74,501.31 That the Federal tax lien referred to in paragraph 5 in the amount of $74,501.31 is junior in time to the Plaintiff s mortgage set forth in paragraph "7" of Plaintiff s Amended Complaint. 7. That the Defendant, UNITED STATES OF AMERICA, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the UNITED STATES OF AMERICA for foreclosure and sale of the mortgaged property. 8. That the Defendant, UNITED STATES OF AMERICA, is not indebted to J the Plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which shall be served on the Defendant, UNITED STATES OF AMERICA. 10. That the judicial sale of said property shall discharge the Federal Tax Lien referred to in paragraph 5 hereof. It. That the proceeds of sale shall be divided and distributed as the parties .... , r may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, P.O. Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the Defendant, UNITED STATES OF AMERICA, preserves its right of redemption as provided in Title 28, United States Code, Section 2410(c). 13. The parties to this Stipulation shall bear their respective costs in this proceeding. Dated: 0 & 2009 Jack F. Rea squire Ream Carr Markey & Woloshin LLP 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 e-mail: JReam_639@comcast.net Attorney for Plaintiff, Commerce Bank/Harrisburg Dated: (a?%?o? By: wwro ?i?l ss4 . S" I?- Assistant U.S. Attorney Attorney for United States of America ViI; i. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCA BANK/HARRISBRG t/d/b/a METRO BANK, NO.: 2009-0 1 1 29 CIVIL TERM Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants Action in Mortgage Foreclosure NOTICE OF NON-JUDICIAL SALE IN RE: COMMERCE BANK/HARRISBURG, t/d/b/a METRO BANK, vs. ROBERT H. BLACK AND PAMELA R. BLACK, DEFENDANTS, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-01129 CIVIL TERM TAXPAYER: ROBERT H. BLACK TAXPAYER I.D. # 169-42-5571 TAX LIEN: COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA Filing # Amount of Lien Date Lien filed Serial # 2008-1959 $74,501.31 March 28, 2008 431849708 GENTLEMEN: 1. THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE NOTICE OF SALE: JACK F. REAM, ESQUIRE REAM, CARR, MARKEY & WOLOSHIN, LLP 119 EAST MARKET STREET YORK, PA 17401 I.D. 4 10241 PHONE 1-717-843-8968 FAX 1-717-846-6676 E-MAIL JREAM_639@comcast.net ATTORNEY FOR PLAINTIFF, COMMERCE BANK/HARRISBURG t/d/b/a METRO BANK 2. Attached to this notice is a copy of each Notice of Federal Tax Liens (Form 668) affecting the property to be sold: Filing # Amount of Lien Date Lien filed Serial # 2008-1959 $74,501.31 March 28, 2008 431849708 3. The property to be sold and the terms of the sale are as follows: 3.1 The location of the property to be sold and a full description of the property: Real Estate and Improvements known and numbered as and situate at2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42- 29-2456-104 and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto. 3.2 The date, time and location of Sale: DATE: September 2, 2009 TIME: 10.00 A.M. PREVAILING TIME PLACE: Sheriff's Office, Cumberland County Court House - One Courthouse Square, Carlisle, Cumberland County, Pennsylvania 3.3 Terms of Sale: TEN (10) PER CENT OF BID PRICE AT TIME OF SALE REMAINDER AMOUNT WITHIN THIRTY (30) DAYS FROM DATE OF SALE 4. The details of the Indebtedness and the expenses of sale as follows: 4.1 Amount of the Principal Obligation: $756,842.25 4.2 Amount of Interest as of SEPTEMBER 2, 2009 $25,963.50 INTEREST AT THE PER DIEM 2 RATE OF $ FOR EACH DAY AFTER SEPTEMBER 2, 2009 4.3 LATE CHARGES $1,850.04 4.4 Other Expenses charged against the sale proceeds: 1. LEGAL FEES $5,500.00 2. SALE COSTS - SHERIFF OF CUMBERLAND COUNTY $1,500.00 4.5 Prepayment Penalty $7,568.42 4.6 Total $798, 224.21 This Notice of Sale is submitted in duplicate and I ask and request that the duplication copy of this notice be acknowledged and return to me. DATED: July 2, 2009 P,CARR, M, ESQUIRE RMARKEY & WOLOSHIN, LLP 119 EAST MARKET STREET YORK, PA 17401 PHONE 1-717-843-8968 FAX 1-717-843-6676 E-Mail: JReam_639@comcast.net W. # 10241 ATTORNEY FOR PLAINTIFF COMMERCE BANK/HARRISBURG t/d/b/a METRO BANK Receipt of Notice of Sale Acknowledged by Internal Revenue Service By: Its: Date: 2009 Time: 3 6152 Department of the Treasury - Internal Revenue Service Form 668 M(c) (Rev. February 2004) Notice of Federal Tax Lien Area: Serial Number For Optional Use by Recording Office SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913-6050 431849708 tJ0 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) ' 9•ov -PCL 'P r.F- have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there Is alien in favor of the United States on all property and rights to a`1,({? aZ <<f0$ property belonging to this taxpayer for the amount of these taxes, and additional penalties, Interest, and costs that may accrue. ?" JZ ao?8y$ Name of Taxpayer ROBERT H BLACK Residence 1788 N MEADOW DR MECHANICSBURG, PA 17055-5152 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 63251a?. Tax Period Date of Last Day for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refiling of Assessment a) (b c) d e) 6672 12/31/2004 XXX-XX-5571 01/07/2008 02/06/2018 30743.00 6672 03/31/2005 XXX-XX-5571 01/07/2008 02/06/2018 27243.97 6672 06/30/2005 XXX-XX-5571 01/07/2008 02/06/2018 16523.34 C7 co [j -1 _lJ W D Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 Total 1 $ 74510.31 This notice was prepared and signed at DETROIT, MI the 20th day of March 2008 , on this, Signature ?- H y for MIGNA RODRIGUEZ Title REVENUE OFFICER (717) 777-9622 22-06-1408 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Form 668(10(c) (Rev. 2-2004) Part 1 • Kept by Recording Office CAT. NO 60025X ALL THAT CERTAIN tract of land situate in the TOWNSHIP OF UPPER ALLEN, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated (30' from centerline) at the dividing line between Lots #1 and #2 as shown on the hereinafter mentioned plan; thence along the western right of way line of Bumble Bee Hollow Road T-614 Relocated South 21 °58'00" West a distance of 342.29' feet to a point; thence continuing along the same by a curve, curving to the left having a radius of 580.00' and an arc length of 118.38' feet to a point at the Intersection of the western right of way line of Bumble Bee Hollow Road T-614 Relocated and the northern right of way of Old Hollow Road T-614 Relocated; thence along the northern right of way line of Old Hollow Road T-614 Relocated by a curve, curving to the right in a northerly direction having a radius of 120.00' feet and an arc length of 119.86' feet to a point; thence continuing along the same North 20°34' 30" West a distance of 39.69' feet to a point at the dividing line between Lot #1 herein described and lands now or formerly of Stanley F. Werzyn; thence along said dividing line North 66°41' 30" East a distance of 19.50' feet to a point; thence continuing along the same North 51 °34' 30" East a distance of 91.51' feet to a point; thence continuing along the same North 22°51'47" West a distance of 337.27' feet to a point; thence continuing along the same North 23°05'53" West a distance of 85.98' feet to a point at the dividing line between Lots #1 and #3; thence along the dividing line between Lots #1, #3 and #2 South 68°02'00" East a distance of 362.99' feet to a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated, said point being the Place of BEGINNING. BEING Lot #1 as shown on the Final Subdivision Plan of Chad Hazam. Said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, Commonwealth of Pennsylvania in Plan Book 60, Page 4. e ? AD FILELD-t iil- 2009 JUL -6 Fl'l ! : II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG t/d/b/a METRO BANK, NO.: 2009-0 1 1 29 CIVIL TERM Plaintiff vs. ROBERT H. BLACK and PAMELA R. Action in Mortgage Foreclosure BLACK, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PA. R.C.P. 3129.2 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax lien against the real estate of DEFENDANTS, ROBERT H. BLACK and PAMELA R. BLACK, situate at and known and numbered as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42-29- 2456-104 and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto. You are hereby notified that on SEPTEMBER 2, 2009 at 10:00 A.M., Prevailing Time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Commerce Bank/Harrisburg t/d/b/a Metro Bank, Plaintiff, vs. Robert H. Black and Pamela R. Black, Defendant, No. 2009-01129 CIVIL TERM, the Sheriff of Cumberland County, Pennsylvania, will expose at Public Sale the real estate of DEFENDANTS, ROBERT H. BLACK and PAMELA R. BLACK, situate at and known and numbered as 2250 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania being Lot # 1 on a Plan of Lots for Chad Hazam said Plan being recorded in Plan Book 60, Page 4, in the Recorder of Deeds Office for Cumberland County, Pennsylvania, UPI # 42-29-2456-104 and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto at the following location: At a room designated by the Sheriff of Cumberland County Pennsylvania, in Cumberland County Court House One Courthouse Square Carlisle Cumberland County, Pennsylvania The room to be designated to conduct the Sheriff's Sale will be posted on the day of the Sale being SEPTEMBER 2, 2009, at each and every public entrance to the Cumberland County Court House. A description of said real estate is hereto attached. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County distribution will be made on October 2, 2009 in accordance with the Schedule of Distribution unless exceptions are filed thereto within ten (10) days after filing the Schedule of Distribution. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Dated: July 2, 2009 1 Jack earn '10, squire Rea Carr, Markey & Woloshin LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff Commerce Bank/Harrisburg t/d/b/a Metro Bank ALL THAT CERTAIN tract of land situate in the TOWNSHIP OF UPPER ALLEN, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated (30' from centerline) at the dividing line between Lots #1 and #2 as shown on the hereinafter mentioned plan; thence along the western right of way line of Bumble Bee Hollow Road T-614 Relocated South 21 °58'00" West a distance of 342.29' feet to a point; thence continuing along the same by a curve, curving to the left having a radius of 580.00' and an arc length of 118.38' feet to a point at the Intersection of the western right of way line of Bumble Bee Hollow Road T-614 Relocated and the northern right of way of Old Hollow Road T-614 Relocated; thence along the northern right of way line of Old Hollow Road T-614 Relocated by a curve, curving to the right in a northerly direction having a radius of 120.00' feet and an arc length of 119.86' feet to a point; thence continuing along the same North 20°34' 30" West a distance of 39.69' feet to a point at the dividing line between Lot #1 herein described and lands now or formerly of Stanley F. Werzyn; thence along said dividing line North 66°41' 30" East a distance of 19.50' feet to a point; thence continuing along the same North 51 °34' 30" East a distance of 91.51' feet to a point; thence continuing along the same North 22°51'47" West a distance of 337.27' feet to a point; thence continuing along the same North 23°05'53" West a distance of 85.98' feet to a point at the dividing line between Lots #1 and #3; thence along the dividing line between Lots #1, #3 and #2 South 68°02'00" East a distance of 362.99' feet to a point on the western right of way line of Bumble Bee Hollow Road T-614 Relocated, said point being the Place of BEGINNING. BEING Lot #1 as shown on the Final Subdivision Plan of Chad Hazam. Said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, Commonwealth of Pennsylvania in Plan Book 60, Page 4. ? EXHIBIT FIND- oFFICE of rte PRoTtton)orwQ-y aoo9 JuL-lo PM I:93 ba CulAe.e -LIWD CoONTY PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW METRO BANK, Plaintiff-Petitioner vs. ROBERT H. BLACK and PAMELA R. BLACK, NO.: 2009-01129 CIVIL TERM Petition pursuant to 42 Pa.C.S. 8103(a) to Fix Fair Market Value and Deficiency Judgment Defendants-Respondents PRAECIPE FOR ENTRANCE OF APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Please enter my appearance on behalf of the Defendant-Respondents, Robert H. Black and Pamela R. Black, in the above captioned matter. Dated: ~ ~ ~ 1 2010 Peter, J. Russo, Esq. Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Phone 717-591-1755 x 103 Fax 717 -591-1756 n N ~ ~.~i `=P ~ :'j 1'il - s' ~i ; I ~ ' -7 C ~ ;t"' + 2"q _ -j -'} ~ ; . r. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW METRO BANK, Plaintiff-Petitioner NO.: 2009-01129 CIVIL TERM Action in Mortgage Foreclosure vs. ROBERT H. BLACK and PAMELA R. BLACK, Defendants-Respondents Petition pursuant to 42 Pa.C.S. 8103(a) to Fix Fair Market Value and Deficiency Judgment ACCEPTANCE OF SERVICE Pursuant To Rule 402 (b) of the Pennsylvania Rules of Civil Procedure, I, Peter, J. Russo, Esq., attorney of record for the Defendants-Respondents, Robert H. Black and Pamela R. Black, in the above captioned, matter hereby accept service on behalf of the Defendants-Respondents, Robert H. Black and Pamela R. Black, of the following pleading filed in the above captioned matter and hereby certify to the Court of Common Pleas of Cumberland County, Pennsylvania that I have been expressly authorized by the Defendants-Respondents, Robert H. Black and Pamela R. Black, to accept service of the following pleading filed in the above captioned matter: Dated: c~ ~~ c~ {:; ~..~ - ~~ ~" --- ``:__ ~_ i ~`- ~'%~ ~-- :~ t,.. o ~'` cr c..~ PETITION PURSUANT TO 42 Pa.C.S. 8103 (a) and RULE 3282 of PENNSYLVANIA RULE DURE al ~ 1 ~ 2010 Peter, .Russo, Law Offices of Peter J. Russo, P.C. ~~ 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Phone 717-591-1755 x 103 Fax 717 -591-1756 ;~~~ Attorney for the Defendants and Respondents, " Robert H. Black and Pamela R. Black --' r.i -~ C.L. ~~ °I' ' ED-OFFICE OF HE 171PR'OTHONOTAR)" 710 10 SEP 17 PM 1: 19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, NO.: 2009-01129 CIVIL TERM Plaintiff VS. ROBERT H. BLACK and PAMELA R. Action in Confession of Judgment BLACK, Defendants PRAECIPE TO SATISFY JUDGMENT TO: PROTHONOTARY'S OFFICE OF CUMBERLAND COUNTY Please mark the above-captioned Judgment as SETTLED and SATISFIED. Dated: 2010 Jac c F:-Ream; squire Ream, Carr, Markey & Woloshin LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-6676 E-mail JReam_639@comcast.net Attorney for the Plaintiff Metro Bank f/k/a Commerce Bank/Harrisburg