The URL can be used to link to this page

Home My WebLink About09-1717INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER A. CHRONISTER, JANE E. CHRONISTER, PAUL E. KUHN, KATHRYN P. KUHN and CHRONISTER LANDSCAPES, INC., Defendants CIVIL ACTION NO. 1'111 Vit " r-t Yrn NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mAs adelante en las siguientes pAginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de a notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Code por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reciamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Code sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE DUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS CUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS DUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jnietrzak ReaeerAdlerPC com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliamsna Re erAdlerPC com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION CHRISTOPHER A. CHRONISTER, NO.-1717 JANE E. CHRONISTER, PAUL E. KUHN, KATHRYN P. KUHN and CHRONISTER LANDSCAPES, INC., Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Integrity Bank (hereinafter "Integrity") is a Pennsylvania Financial Institution with a mailing address of 3345 Camp Hill, Pennsylvania 17011. 2. Defendants Christopher A. Chronister and Jane E. Chronister (hereinafter "the Chronisters") are adult individuals, husband and wife, with a mailing address of 1000 West Foxcroft Drive, Camp Hill, Pennsylvania 17011. 3. Defendants Paul E. Kuhn and Kathryn P. Kuhn (hereinafter "the Kuhns") are adult individuals, husband and wife, with a mailing address of 1000 West Foxcroft Drive, Camp Hill, Pennsylvania 17011. 4. Chronister Landscapes, Inc. is a Pennsylvania Corporation with a mailing address of 3701-A Derry Street, Harrisburg, Pennsylvania 17111. Christopher A. Chronister is the President of Chronister Landscapes, Inc. (hereinafter "Chronister Landscapes"). 5. On August 25, 2006, Chronister Landscapes executed a Promissory Note (hereinafter the "Note") with Integrity Bank pursuant to which Integrity Bank agreed to lend Chronister Landscapes the amount of $35,000.00 under Loan No. 1500154185 and Chronister Landscapes agreed to repay the entire principal amount of $35,000.00 in one principal payment plus all accrued unpaid interest on August 24, 2007. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A". 6. On September 24, 2007, Chronister Landscapes entered into a Change In Terms Agreement (hereinafter "CIT Agreement") with Integrity Bank pursuant to which Chronister Landscapes agreed to pay the principal amount of $35,000.00 due under the Note and Loan No. 1500154185 according to the following payment schedule: sixty (60) monthly consecutive principal and interest payments in the initial amount of $570.12 each, beginning on October 25, 2007, with interest calculated on the unpaid principal balances at an initial interest rate of 9.250% per annum; and twenty-four (24) monthly consecutive principal and interest payments in the initial amount of $567.23 each, beginning October 25, 2012, with interest calculated on the unpaid principal balances at an interest rate based on the New York Prime Rate of Interest. A true and correct copy of the Change In Terms Agreement is attached hereto as Exhibit "B". 7. Under the terms of the CIT Agreement, Chronister Landscapes is to pay a late fee of 5.0% of the regularly scheduled payment if any payment should be more than ten (10) days' past due. 8. Under the terms of the CIT Agreement, upon default, the interest rate of the loan shall be increased by 5.0 percentage points, from 9.250% to 14.250%. 9. Under the terms of the CIT Agreement, upon default for failure to make any required payments, Chronister Landscapes shall be responsible to pay Integrity Bank's reasonable attorney's fees should Integrity Bank have to enforce the CIT Agreement. 10. On September 24, 2007, the Chronisters and the Kuhns executed and delivered to Integrity a Mortgage in the amount of $35,000.00, securing Loan No. 150154185, the Note and the CIT Agreement. A true and correct copy of the September 24, 2007 Mortgage is attached hereto as Exhibit "C". 11. The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County on April 2, 2008 at instrument number 200810145. 12. The land and premises subject to said Mortgage is located at 1000 West Foxcroft Drive, Camp Hill, Pennsylvania 17011, and is described in the Deed and Legal Description that is attached to the Mortgage at exhibit "C". 13. Chronister Landscapes has been in default under the terms of the Note and CIT Agreement since October 25, 2008 by failing to make the regularly scheduled payments due in October, November, December 2008 and January, February and March 2009, in the amount of $570.12 per month, for a total of $3,420.72. 14. Late fees of 5.0% of each missed monthly payment are also due and owing in the total amount of $171.36, for a total due of $3,592.08. 15. Integrity Bank has complied with the notice requirements of Act 6 and Act 91. True and correct copies of the notices sent to the Chronisters in compliance with Act 6 and Act 91, as well as certified return receipts evidencing receipt thereof, are attached hereto as Exhibit «D" 16. Integrity has taken all actions or complied with all conditions precedent to the filing of this action. WHEREFORE, Plaintiff, Integrity Bank demands judgment against Defendants Christopher A. Chronister, Jane E. Chronister, Paul E. Kuhn, Kathryn P. Kuhn and Chronister Landscapes, Inc. in the amount of $3,502.08, plus interest, costs attorney's fees and such other relief as the Court deems appropriate. Respectfully submitted, REAGER & ADLER, P.C. Date: March 19, 2009 ?IA J H. Pietrzak, Esq ttorney I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 Attorneys for Plaintiff, Integrity Bank E?cl?i b?f ? Borrower: Chronister Landscapes, Inc. (TIN: 25-1824809) 1000 West Foxcroft Drive Camp Hill , PA 17011 Lender: Integrity Bank Camp Hill OMbe COP), 3348 Market Strait Camp HE, PA 17011 (717) 920 Principal Amount: $35,000.00 initial Rate: 9.750% Date of Note: August 25, 2006 PROMISE TO PAY. Chronbtw Landscapes, Inc. ("Borrower") promises to pay to kuegrky Bank ("Lander"), or order, in lewhd money of the United States of America, the principal amount of Thkty-five Thousand & 00/100. Dollars (=35,000.00), together with Interest on the unpaid prinNpsl balance from August 25. 2006, until paid in fill. PAYMENT. Borrower will pay this ban In one principal payment of $35,000.00 plus Interest on August 24, 2007. This payment due on August 24, 2007, will, be for all prkWMI and all accrued interest not yet paid. In addition, Borrower will pay regular monthly payments of all eccnad unpaid hnWest due as of each payment dats..begtlirnkng September 24, 2006, with all subsequent Interest payments to be due on the same day of each month after that. Unless otherwise agreed or. squired by applicable law, payments will. be applied fist to any accrued unpaid Interest, then to principal: than to sny.unpaid collection costs; and than to any late charges. The annual Interest raft for this Note Is computed on a 3851380 basis; that is, by appl'ytng the ratio of the anrwal Interest rate over a year of 360 days, multiplied by the outstanding.prkrcipsl balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designeft In writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest". The New York Prime Rate of Interest is an index, and loans of the Bank may be established at, above or below. the index. The New York Prime Rate of Interest is not necessarily the Bank's lowest rate of interest. The interest rate shall float at New York Prime (the "Index"). The index is not necessarily the lowest rate charged by Lander on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying 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 is 8.250% per arxum. The interest rate to be applied to the unpaid. principal balance during this Note will be at a rate of 1.500 percentage points over the Index, resulting In an initial rate of 9.750% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable. law. PREPAYMENT. Borrower agrees that all loan 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. Except for the foregoing, Borrower may pay without penalty 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. 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 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 amount must be mailed or delivered to: Integrity Bank, 3314 Market Street 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 or $10.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 5.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, In no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("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 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 or misleading at any time thereafter. Insolvency. 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 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 tlUd 15Jtld1N1 U?IItlJJV UNV dJNV IVU IVdIJNitld U1VdN1I dHl dU t%UL1 1N:JJtl?d Nyl yU IVUIJ,IVVVVVJ .1.A=NC3U11V NV UNV L11la ?U S1S00 H11M k13H13001 '31ON SIHl JNl1' 'q3S 1VU31V1100 ANV Ol JNIly.--13N N30N31 J ?Q30NVA0V NO (130N3dX3 S1NnOWV iib' 0NV ANV 0NV S3'JNVHO 31V1 '1S3u31N. .1N00V 11V ONV 31ON SIHl d0 33NV1V8 Wd, ?Id 3NI1N3 3H1 NOd N3MOHN08 1SNIVJV 1NEIrmonf 1131N3 a0 SS3?N00 '0311d 1NIV1dW00 LnOHIIM NO KLIM 0NV 310N SIHl 1130Nn llnl/d30 V E131JV 1i3MON1108 N.Od 3W11 ANV 1V HV3ddV Ol '3N3HM3S13 NO 'VINVA-1ASNN3d d0 H.LIV MENOWW03 3Hl NI 13!103 ANV d0 XN313 NO ANVIOWOHlONd 3H1. NO A3NU011V ANV SN3MOdW3 0NV S3ZINOHInV k1SV30/13uu1 Ae30H . N3MONHOS '1N3wwnr 3o NotS9 mPo 'e10N 9141;o suolmoid J9410 Aug ;o Allilgeeoio;ue 941 loeHe iou slim 11 'elgeeaio;ueun aq of peulwislep uoseei Aue Jo; s1 a1ON 9!41 ;o uopiod Aug ;l •1eJenes pus lino! gig GION slyi iepun suolie6ligo 94I 'apeui s1 uolle0111136 i 041 woym 41!m Abed 941 Ue41 Jeylo euoAue of eanou io ;o luasuoo 0141 ino411m ueoi 9141 A;lpow Aew Jepuel 1941 se osle seined yons liV •euoAue of a3llou io;o luasuoo 941 inoyllm iepuel Aq Aiessooeu pewe9p_uouoe J041o Aue e)lel pue :Ieielel oa l Alunoes s,ispue-1 .oe;Iad Jo uodn azlieei of 119; 'nedwl io :leielelloo Jo iolusien6 Jo A1Jed Aug 9999191 io ueoi x141 (0wp Alpelaedea) pualxe.io meuei Aew Japual 1941 99369 sallied yons pV 'Allilgell woi; pesselei eq Heys 'JesJOpua io JO)l? 'iolueisnB 'Je)lew se Jeylaym 'aloN s141 suit o4m Abed ou 'Bu1l1iM u1 palels Alsseldxe eslmie4io ssslun pue 'a10N 6141;o s eyi ! eBueyO Aue uodn 'iouoyelp;o 9ollou pue 'luawAed Jo; puewap 'lueullueseid enleM 'Mel Aq pomolle lus1xa ay1 of 'aloN 8141 sesiopus io saelueienB 'suBls oqm uosiod ieyio Aue pue J9moiioe •wayl Bulsol 1no411m a1ON 9141 iepun selpowei io sigft sal ;o Aue Bu!oio;ue oB1o; io Aelep Am iepuel •eloN 941 ;0 198J 041 13aHe iou Him 109; slyl 'pea]o;ue eq louuao eiON slyl ;o lied Aue ;I 'SNOISIAGHd 1VN3N3D -suftse pue siIosseoons 931 pue iepuel ;o 1!;aueq a4l of einul I194s pue 'suBlsse pue siosseoo?s 'senlleiuase?deJ leuosied 'alley s,1em0?JOe uodn pue 'iemoiAoe uodn Bulpulq aq 11949 eioN 9!41 ;0 swiel 941 Si83N31N( NOSS3O3nS ueoi 941;o Ile io Aue;o Abed uoiaepuowooos io AieJns `io1usivnB Aue sueew „jozueien0„ prom 94L iolusien6 Aue io lemoiioe of sueol ieyio 119 ;o eouewioped pus luawAed sainoes osle usol s14i `rinvaci ggoa?Jf}anvu..3.Lm O SSOao 'S1N3Wn00o ONIAdI1N301 N3H10 d0 3SN3011 S,N3AINO un0.t 33S Ol iiSV OS1V Am 3M 'nOA Aamol of Sn MOiiv 'nVA .LVHI NOIIVWNOdNI H3H10 ONV 'H1918' d0 tilVC1 'SS3Na0'd '3WVN anOA aOd )ISb' 111M 3M 'NV01 V NO Jt4nO33V.I1SOd34 V 3811 u3H13HM '1N(1033V NV N3d0 'noA NIHM :(1OA ww swjw sm. LVHM '.LNn000V NV SN3d0 OHM NOSN3d HOV3 S3t31iN301 IVH NOLLVW>Vo4Nl 1730331: CINV ''Ad1u3A 'NiVl9o Ol. s46tln1IlSNI `tV10NVNld -nv S3uinO3u MV1 IYUM13d 'S311WAIJDV ?JNVIlmaNnV1 A3Nbw oi1d VISINOUN31 30 0N1aNnj 3H1 LHE)Id IN3WTIUMO?J 3Hl d'13H'Ol '13V 1OWIVd •9np uolleBl1go 0411190 of 30113919 s,)lueg 941 BUIsIApg J9MOiio8 0l a011ou ueuuM a3ueAPs sAsP (06) Aleulu of loe(gns '6319010 ;o slap 941;o Nesienluue 4u!; 4009 uo enhoaHe eq of peslaisxe eq haul 4014m uolido 1190 a aA84 11949 3ueg 841 'NOLLdO 11113 -lapses-oipAH UOIIOB-Q00 L '901:1 iemod A9IJ8H 966 L :JBilorl WM8 986 L :9oLj4oeS/098Z1 ioloeil ologn)l 666 L :i8ps0? PHIS 1X96 0660 666 L :sieileil pes0l0us 1091-9 L. 666 L (Z) ON4 :Jew uoi-pZ JOA ADS loo;-OZ 986 L :??a?l 301-9 Isuolleweiul loo;-OZ 966 4 'J9II9.4 uol-9 loo;-9 L b00Z :iBlleJi uol-9 uoVnH loo;-VZ 9OOZ Xonil do-3old An940 ogo 6136 L .1)10",1 dwnd OW J 093 666 L ,quo p9puelxs/,4oni•L do-)l0ld AA?3 VXV OZO 6661. :)1onJl duulo Mn943 *Xi, Os O OOOZ :1uowdinbe ;o loll Bulmollol 941 sapnloul us!I s!4l :Bulmollo; eyi of pellwll iou lnq Bulpnloul 'peilnboe J97499JO 4 pue peumo mou sweee eseulsnq pe uo u9ii Loon polooped 'Pllen a Aq peinoss s1 WN 6!yi s96P91mou)13a JemOJJOS •1VN31Vl'IOO •slunoooe yons Ile pue Aug ImAeBe 9s9upelgopul 941 uo Bulmo suing pe Holes Jo aBJe4o of 'Mel elgsolldde Aq peultuied lueixe 941 Oi 'iepuel aezuoyine ismoiioe Mel Aq pailglyad eq pinom Holes 4014m JO; 9iunoooe 39nil Aue io 'siunooos 46o9)1 jo VNI Aue opnloul iou oeop et p 'JanamOH •einin; ay1 ui uodo Aeui JOMOJJOg slunoooe Ile pug esp suoswos yalm Altu!o[ splal iemouog slunoooe 11ia sepnloul sI41 '(13"0009 ?el{ao Swos Jo '9631"99 `631)10043 Je41ayM) iepuel yilm slunoooe s,ismoiioe Ile ul Holes;o lyBU a seAJaseJ Jepuel 'Mel elgeolidde Aq peulwied lueixe 941 o1 -:140C3S d0 1HDIN •peJOuo4slp Jelel sl sAed JemouOe 4014m yum SBJe40 peilioyineeid Jo Noetio 941 pus ueol s,Jemouoe uo a'uewAed a sa)lew Jamalog ;! 00.0L$ ;o Jepuel 'oi as; a Aed lllm ismomoe '33d Wm MONOHSIo •elueAIAsuuad;o 41499muowwo0 'Alunoo puelJegwno ;o sunoo eyi ;o uopolpelin( eyi of ilwgns of isenbei s,Jepuel uodn seeJBe iemouoe 'ilnsmel a sl eJe4i ;i •3rmA d0 301OH3 '"Aosuu9d ;O 44samuOwu303 841 W Japw1 Aq POWs= Us" ? WN 8141 '?ISlA?? m? ?o 91O1µ300 84 Oa PJWWJ VW4plll? quw4A"md 10 411 0 841 W 9mel i4; 'mel p Aq peed iu wows, mp of `P a mVu*1 o19l6ejldgo mul pJeM Aq pwwno8 aq Mm OWN 2141 'MV1 SNIN WAOD ieyio eyi isulsoe Jsmomoo Jo Jgpu91 Ja449 Aq WBnoiq wplowwnoo io 'Bulpooooid 'uopog Aug ul iglu Ain[ Aug of 1481, 041 9Awm Ag9Jay J9moJiog pug J9Pu91 '1i3AIVM Au(V 'Mel Aq peplnoid suing ieyio pe of uop!ppe ul 'sisoo iinoo Aue Aed lllm osle ismoiiog 'Mel alggolldds Aq peilgl4oid iou ;1 sleedde pue '(uolloun(ul Jo Ails 0lisumm Aug elm Jo Al p= of s1Jo4o I" WWjul) eSuIposowd Ao1dru*nq Jo; emscixe 199W ,sAowous Bulpnpul 'im9me1 a el eieyi iou Jo Je41a4m 'sosuadke pt" s,npual pus ass} ,sA*w=o e,Jepu9l 'mel elgoolidde ,spun sllwil Aue Oi loe(gns '9epnloul 9141 'iunowa leyl JSpual Agd illm JsmomM •Aed iou soup ismoJJog ;191oN 9141 io"oo dla4 of rile euoswoe Aid JO 044 Aew JaPue1 •93 X3 'SM SA3NVO11V •lunows 1941 Aed IIIm JamoiJoe ua41 pue 'anp Alejelpeuiull 1seieaul pledun p9=00 118 pue sioN 9l41 J9pun eoueleq ledlouud pledun aJllue a4l sieloep 'Mel elgeolldde Aq poilnbei 9e 99040u yons Buln1B m4e 'Aew i9pual Vilnalop uodn •SIHMH smcIN31 'leollosid Algeuosaw s9 uoos si eouelldwoo empoid of luepWns sdel9 AJesseoeu pus elg9uoseel lie salaldwoo pue s9nuliuOO J9499Jeyl Pus iln9;ap eyi eino of luslolHne eq o1 uopwoslp alos s,Jepusl ul sweep Jepuel 4oRIM 9dgla sslslllUl Aleielp9wwl 'sAvp (01) u91 u941 slow swinbeJ 9x10 s41;1 (Z) Jo 'RASP (Oil UK uW 4& MnQ,16p 041 swno (0 : PWOP 43ns;o eino Bulpuewsp iepuel UJ04 9JIIOU U%WM SUTAi W AW 'J9 o8 ;I psJno eq A" l1 'M#UPw Il1) GAWMl BulpgOWd eyi ul4lim DION $I41 ;o uolslnoid ewes 941 ;o y0esjq a ;0 9onou a usniB useq iou say ismoiiog ;1 pue sigiino sl luewAed ul 11ns;sp a ueyl Je41o 14nelop Aug ;I suolsiAoAd ein3 •ainoesul;Iesil seA9lleq 4119; pooB ul iepuel •AMinoesul •pw!sdwl 91 91oN x141;o eouewioped io lusuuted ;0 13odsoid 0141 saAellaq iepuel io 'uopffmo leloueug 9,J9MO?JOe ul 6Jn000 a$ueyo a9JaAp9 19" V ' 99JanPV •Jemoiiog ;o iloois uowwoo eyi;o aiow Jo (%9Z} lueoied aAU-Aiusmi;o df49JSUmo ul 963940 AuV •dlysJ U MO ul e6u943 -- 'line;90 ;o 1ueA3 Aue vino 'os Bulop ul 'pue 'Jepuel of AJoloe;sues ieuuew 6 ul AlueienB eyi iepun Bu!sue suolleEiflgo eyi Aryeuoll,puooun ewnsse of 91e1se s,Jowsona eyi *Wed 'oi pWp*W aq iou ipW inq 'Aaw 'uoQdo ell Is 'iepun 'WROP 9 ;O iuene syi ul 140N 8141 Aq peouepine s9sups4g9pu1 eyi ;o AluomnB Aue 'iepun A113tpg J!1 ';0 A II'an 941 seindelp io mnonaJ Jo 'iustodwooul aswo3eq Jo selp JolueJenO Aue Jo esoupoigopw eyi ;o Aue ;o JoluvionD Aug m losdow yilm sin0oo sluaAe Bu eowd eyi ;o AuV -xwwrenD BupawHV siueA3 •eindslp 941 Jo; puoq Jo aAJesaJ Z eB9d (penuquoo) 58LV9009L :ON ueoi 31ON AUOSSIWOad PROMISSORY NOTE Loan No: 1500154185 (Co"r j4ed) Page 3 COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 0600) 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"08R: BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. u• c;? PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. 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. BORROWER: CHR P s B :c Seal) optwr A. ChmnlWw, President of Chronister Landscapes, Inc. LENDER: INTEGRITY BANK X Matt Loper, r LAW MW L.A M3, V- 5.3210.009 Cop. Mwk W F^W WW SeWooo, loo. 1337, M& N rAohft it . - M r-'u"x ww'Lftmw.FC Twin pN3 d, 6xk)bJ,6 --RANGE IN TERMS AGREE ,. -i Refereaods in the boxes above are for Lender's use only and do not limit the applicm Any. item above containing "`"`" has been omitted due Borrower: Chronister Landscapes, Inc. (TIN: 25-1824809) Lender: 1666 West Foxcroft Drive Camp Hill , PA 17611 of this document to any particular loan or item.. Integrity Bank Camp Hill Office 3345 Market Street Camp HUI, PA 17011 (717) 920-4900 Principal Amount: $35;000.00 Date of Agreement: 9 LI-© DESCRIPTION OF CHANGE IN TERMS. Term out loan over a seven (7) year period, with five (5) year call option. The rate will be fixed for five (5) years at 9.25%, thereafter to be floating at New York Prime, currently 7.75%. Also add 1000 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania as additional collateral. PROMISE TO PAY. Chronister Landscapes, Inc. ("Borrowet") promises to pay to Integrity Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of Thirty-five Thousand & 00/100 Dollars ($35,000.00), together with interest on the unpaid principal balance from September 24, 2007, until paid in full. PAYMENT. Subject to any payment changes resulting from changes to the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly. consecutive principal and interest payments in the initial amount of $570.12 each, beginning October 25, 2007, with Interest calculated on the unpaid principal balances at an initial Interest rate of 9.250% per annum; and 24 monthly consecutive principal and interest payments in the Initial amount of $567.23 each, beginning October 25, 2012, with interest calculated on the unpaid principal balances at an interest rate based on the New York Prime Rate of Interest. The New York Prime Rate of interest shaft mean the interest rate per annurn announced from time to time in various business journals, such as The Wall Street Jounial, as the "Prime Rate of Interest". The New York Prime Rate of Interest is. an index, and loans of the Bank may be established at, above or below the Index. The New York Prime Rate of Interest is not necessarMy the Bank's lowest rate of interest. The interest rate shag float at New York Prime (currently 7.750%); plus a margin-of 1.000%, resulting in an initial interest rate of 8.750%. Borrower's final payment will be due on September 25, 2014 and will be for all principal and accrued interest not yet paid, together with any other unpaid amounts on this ban. Unless otherwise agreed or required by applicable law, payments will be appnbd first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this loan Is coniptited on a 3651360 simple interest basis; that Is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, muMpged by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above.or at such other place as Lender may designate In Writing. VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this loan will be 9.250%. Thereafter, the interest rate on this loan is subject to change from time to time based on changes in an independent index which is the New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest". The New York Prime Rate of Interest is an index, and loans of the Bank maybe established at, above or below the index. The New York Prime Rate of Interest is not necessarily the Bank's lowest rate of interest. The interest rate shall float at New York Prime (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 loan, Lender may designate a substitute index after notifying 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 is 7.750% per annum. The interest rate or rates to be applied to the unpaid principal balance during this loan 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 payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan 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 (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT. Borrower agrees that all loan 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. Except for the foregoing, Borrower may pay without penalty 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 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 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 amount must be mailed or delivered to: Integrity Bank, 3314 Market Street 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 or $10.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this loan shall be increased by adding a 5.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this loan would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Agreement. If judgment is entered in connection with this Agreement, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. 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, CHANGE IN TERMS AGREEMENT Loan No: 1 5001 541 85 (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 Docurents. 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. Insolvency. 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 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, 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. Change In Ownership. Any change,in ownership of twenty-five percent (25%) or more of the common stock of Borrower. 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 default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates step's which Lender deems in Lenders 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 under 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 reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable 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. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. 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 Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $10.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. 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 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 a valid, perfected UCC-1 lien on all business assets now owned and hereafter acquired, including but not limited to the following: This lien includes the following list of equipment. 2000 C30 4X4 Chevy Dump Truck; 1999 C20 4X4 Chevy Pick-up Truck/extended cab; 1989 C60 GMC Dump Truck; 1989 C30 Chevy Pick-up Truck; 2005 24-foot Hudson 6-ton trailer; 2004 16-foot 6-ton trailer; 1996 20-foot International 5-ton trailer; 1986 204oot Beaver 20-ton trailer; two (2) 1999 16-foot enclosed trailers; 1999 Case 95XT Skid Loader; 1999 Kubota Tractor L2850/Backhoe; 1986 BWM Roller; 1995 Harley Power Rake; 1000-gallon Hydro-seeder. 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 obligation(s) 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 parry 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. MISCELLANEOUS PROVISIONS. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who PHANGE IN TERMS AGREEMENI Loan No: 1500154185 (Continued) Page 3 signs, guarantees or endorses this Agreement, to the extent allowed by law, weave presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless 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 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 f$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 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, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. 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. BORROWER: CHRONI ER LANDSCAPES, IN > r B {tii 'Seal r.1 ) Christopher A, ro?.ster, Pre t..'of"Uronister Landscapes, Inc. ATTEST: Corporate Seal Se ry or Assistant Secretary LENDER: INTEGRITY BANK X AiqAA4=?. U,(,j Gary Klick, Vic President VW. 5.99.10.001 Co W. "NUM ftS"W SOW*". Ina. 1997. 1007. AS NOhb %WW. . M 9.WM3DIgCpLLlL1010C.PC 116//W M./1 j?? 1 ??? v' . I or Y?;_ 1yc. Parcel Identification Number: RECORDATION RECIUESTED BY: Integrity Bank Camp HUI Office 3345 Market Street Camp HUI, PA 17011 WHEN RECORDED MAIL TO: Integrity Bank Carr* HNi Office 3345 Market Street Camp Hill, PA 17011 SEND TAX NOTICES TO: Camps Hkl Office 3345' Markst Street MORTGAGE Amount Secured Hereby: $35,000.00 THIS MORTGAGE dated 9A-q- A67, is made and executed between Christopher A. Chronister, Jane E. Chronister, PAUL E KUHN and KATHRYN P KUHN, whose address is 1000 West Foxcroft Drive, Camp Hill , PA 17,011, (referred to below as "Grantor") and Integrity Bank; whose address is 3345 Market Street, Camp Hill, PA 17011 (referred to below as "Lender" ?. GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, allays, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") roosted in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 1000 West Foxcroft Drive, Camp Hill , PA 17011. CROSS?COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon; of either Grantor or Borrower to Lender, or any one or more of them, as wall as all claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Nota; whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liqui'dated' or uniiquidated, whether Borrower or Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be. or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents 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, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: MORTGAGE Loan No: 1500154185 (Continued) Page 2 GRAN?OR'S WAIVWS ? Grantor waives all right's.or defenses arising by reason. of, any "one action' or "anti=defici"ey" law, or any other Jaw which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lander 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. GRANTORS REPRESENTATIONS AND,. WARRANTIES.. Grantor warrants that: (a). this Mortgage _is executed at Borrower's. request and not, at the request of Lender; (b) Grantor has_th'a full power, right, and,authority to enter into this Mortgage and to hypothecate the Property; .(c) the provisions of this,Mortgaga do nqt conflict w,th,, or resiik in s default under arty agreement or other instrument binding Upon Grantor and do not result m,a,ylolat(on;of,any,law, regulation, court decree or 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 (9) ;Lander, has made, no representation to Grantor about Borrower, (including without limitation the-,pr editworthiness of Borrow,frl. PAYMENT AN13 `PERFORMANCE: Except as otherwise provided in this Mortgage, Borrower and . Grantor shall pay to Lender all indebtedness securrfd by this Mortgage as it`becOrri$s due, and Borrower and Grantor shall••stdctly-perform ;all Borrowers and Grantor's obligations under this Mortgage; POSSESSION. AWMAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and. use of the Property shall be, governed by the following provisions: Possesslon,and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use; operate or manage the Property; and (3) collect the Rents from the Property. Duty to Mair,taln. Grantor shall maintain the Property in tenantable condition and promptly perform ail repairs, replacements; and maintenance necessary to preserve its value. Compliance Wkh Environmental Laws. Grantor represents and warrants to Lender that (1) During the, period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any, Hazardous Substance by any 'person on, under; about or from the Property; 121 Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lander in writing,. (a) .any. breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened. release of any Hazaitdous Substance on, under; about or from the Property by any. prior owners or.occupants of the Property, " (c? • any Victual, or threatened litigation or claims of. any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged byLariderin writing,' (a) neither GrAntor'not any tenant, contractor, agent or other authoidied'user of the'Properiy •shalf use' generate, Vnanufacturei store, •tteat, ditobta•df atteleas'd shy Hazardous Substance on, under; about or f. ro'm the Property and (b)'• any such activity shall be,conducted ,in compliance with all applicable federal, state, . and local 'W§ f regulations and ordinances, 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 Lander 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 investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution, in the event Grantor becomes liable for cleanup or other costs under any such laws; and -12) agrees to indemnify, defend, and hold harmiess Lender against any 'and a. claims; losses, lialiilkies,.dari ao.", penalties, and. oxPen;;00.Whicn,tendgr 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, dis°posal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not'the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, 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. Nuisance, Waite. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of 'or waste on or to the Property or any portion of the Property. Without limiting the generality of the .foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil an8.gasF?.coal, clay;; scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Pro' party wi#hout Lender s;' prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor' ib"rriake'arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal! value. ` Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable tii4,a 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. MORTGAGE Loan No: 1500154185 (Continued) Page 3 Cornpilance with Govemmental Requlrements Grantor shall promptly comply with ail laws, ordinances, and ' regulafionrt ngw or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including vvitilouf'iimltaPtion,.tfie Arriencans Wj Disab§IrUes'I(ct Grehtor mpy co; e t in '9 faith arty such. law oidmance,? or. regulationi aiii wtthliold compliance during any proceeding including apprapriata eppeais; so long `as Grantor has notify d l endar in writing prior to 'doing slb 'and so loiq as, in L'ender's:aole $pinion, Lender's intereatetinither$rbperty;are. vot jeopaardized ; Londe 'r;may, require Grantor to post adequate.-security` or d' surety borxl,.,reasonably:satisfactory to Lender, to:proteat.Lender's interest. „ Duty 'to Protobt: Grantor agrees neither to `abandon `oi' leave unattended the Property : Grantor shall do 'sit other acts, in addition1d thd6o acts`sat'forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS: The 'following provisions relating to the taxes' and lions on the Property are part of this Mortgage: Payment: Grantor shall pay when due. (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, Water charges and sewer aetVice charges levied against or on account of the Property;'and shall pay when due all claims for work. done on or for services rendered or material futhishe'tp"-the PropertyGrantor shall maltit m the:Frroperxy free g1,anX I'ierIs having priority over orrequal to the interest of;)_ender under this Morfgatge, except for #ftie Existing Indebtedness;referied tb in'th(s Mortgage or those lieriie specifically agreed.to. in'wilting by Lender, a6d except for the lien of taxes and assessments not due as further specified in the' Right to Contest paragra?h': Right to Contiot. Grantor" may withhold' payment of any tax, assessment, or claim in connection with a good faith disputeover the obligation to`pay, so long as Lender's interast.in the Property is not jeopardized. If a lien arises or is filed' as a result of'nonpayrnent, Grantor shall within fifteen (15) days aftet the lien arises' or, if a lien is filed, within fifteen '(15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with` Lender' cash ofa•sufficient corporate' surety bohd dr other-security` satisfactory to Under in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foiiiglosur i or sale under "the lien: In any contest; Grantor shall defend itself and Lender and shall satisfy, any, adverse judgment before enforcement against"the- Property. Grantor shall-'name Lender.as an additional dbligee under anysurety bond furrnshed in'the contest proceedings. Evidence of Pgymeq?. Grantor ahall:_upon demancj furr to Lender satisfactory evidence of paymant.of the tgses. or assessments and all authorize the oppropnate,govnshammenta( ,off'fcial to deliver to Lender at. ar)y br ie a writtieii statement,.of the: taxes and assessments tagainst. the Property... Notice of Construction. Gr`anfor shelf notify Lender" tit,leasf'fifteen (15). days before any' work is'cdrhrnenced, any stIvices are furrnshe'd;'or any riSaterial's'arb'supplled t0'ftiiY'PPoperfy,''if any rfitichaniC's'tiien; rnateriatnien"a lien; or o'dier fien could lieasserted on account'of'the' work; 'services V materialb and1ha'cost 'exceeds.-$41000.00. Grahibr will upon request-of Lender furnish td Lender advance-assurances satisfactory to Lender that4rantor 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: Meinteriance"of' Insurance. Grantor shail'procure and maintain policies of fire insurance with standard' extended coverage endorsements on a ;replacement basis for the full insurable value covering all Improvements on the Real Property in. an amount sufficient to avoid application of any, coinsurance clause, and. With a standard mortgagee clause in favor of Lender., Grantor shall also procure and maintain'cora reliensive,general liability insurance in such coverage amounts as Lender. may request with Lender being named as additional insureds in such, liability insurance policies'. Additionally; Grantor shall maintain. such: thin insuraance includil g. but nof`l?rrfitQd? to -hati id,. business ffi erruotipfi and boiler :insurance as Lender may. require. Policies shall be written by such insurance companies and in such form as may be reasonably: acceptable to Lender.. Grantor shall deliver to. Lender'.certificates of coverage from each ,insurercontaining: astipulation that coverage will' not be;.cancellsd:Qr in had without o Iriinimum of thirty (30) days' prior,written notice to Lender and not containing any disclaimer of the insurer's' liability for. failure to.'give such notice: Each insurance policy also shall include arr. endorsement providing that coverage in favor of Lender will not be impaired in any way by any act; omission or default of ,Grantor or any,othei liersdr . Should= the Real Propeitybe located in a' area"d"esignated by"the Director of the Federal'Ernetgency;Mana'gerrient Agency as a special flood hazard area; Grantor.agrees'to obtain and maintain Federal Flood insurance, if"availible,..for the full unpaid principal balance of the loan 'and any'prioe lions on the property'securing the loan, up to the maximum policy limits "t under tiro National°Flood Insurance Program; or ss'otheriwise required by Lender, and to maintain. such insifrancefb`r'the term' of the loan: ' 116 ., A pplication of Proceeds. Grantor . shall prorptly, ngpfy. Lander of any lobs, or damage to the F?roperty if .the estimated cost of repair or replacement exceeds 51,000.00: Lender may make proof of loss if Grantor fails to do so: within fifteen 05-1 days of;the casualty:. Whether.or.not Lender's..security js. mpaired,:.Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the MORTGAGE Loan No: 1500154185 (Continued) Page 4 k indebtedness usyrnant of any, lien affecting. the Property, or the restoratlon_and: repair. of the Property If Lender elects to apply the. proceeds. to restoration and repair, Grantor shall repair or replace the. damaged or destroyed improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or'reimburse' Grantor from the proceeds for the reasonable -cost of repair. or restoration it Grantor is not in default urider'this Mortgage. Any proceeds which have not been"disbursed within 180 days "after their receipt and which Lender has'not conlrrlitted to the" repair or restoration' of the Property shall be used firat to pay any amount owing to"I arider'ui der. tfiii Vd'rtgage • then to pay :accrued intoies't, and" the'rernainder, if'any" ahali'U,'applfed to the principal balance of ft Indebtedness; If Lender holds any proceeds after payment in full of the Indebtedness; such proceeda sh811 be paid to Grantor as`Grantor's interests me -appear. CorrrpUarice. with Existln - indebtedness: During the period in which any Existing Indebtedness .described below is in -effect, . compliance - With . the. insurance provisions contained in tha instrument evidencing such Existing indebtedness shall constitute. compliance with the insurance provisions. under this Mortgage, to the. extent cc plrsnce with the to i , of this Mortgage would cgns#itu e , dllpllliation 91 ,ina%k*nca.,rgquu'otie?nx ?..Jf any proceeds from. the :insurance become payable..on loss, the provisions in this Mortgage for division of proceeds snail apply only to that porfign of the proceeds not payable. o the. holder of.the Existing Indebtedness. UNDER'& EXPENDITURES. 'If any "action or proceeding is commenced that Would materially affect'Lender"s into-rest in the Property or rf'Grantof fails to' cbinply` With any provision of this Mortgage or any Related Documents, including-bUt not limited to`Grantor's•failure to: comply with any obligation to maintain Existing Indebtedness in good standiirg as required below, or to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or, any. Related. Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, 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. AII'such expenditures incurred or paid by Lender for such purposes will then bear ifiterest`at'the rate charged under the. Note from the date' incurred or paid by Lender to the date of repayment by Wi rrk&f All' ' ch`expenses will become a part'of.the.indebtedness and At Lende'r's- option'; wrill AA)` be payable on demand; (B) be added to the balance of the Note and be,Apportioned among and be payable with any installment paymentsaa.become..due,during.. eitheF.:.:(1J the ;.term of any,applicable insurance policy; or (2) the. remaining term of the Note; or, (C) be treated as.s;balloon payment which will be dye and:payable'at,the Note's,rr)aturttK The Mortgage also will secure payment of these amounts, Such, right. shall lie .gyn. addition to all' other rights: and remedies to Which Lender may been titled upon Default. Grantor's obligation to Lender for all Is 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 Nbids good and marketable title' of record to-the" Propertyin fee•sinrple; free and clear of I Iien's and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness. section below or in any title `i'nsUNinca policy, title report, or final title opinion issued in favor of and' accepted by; Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and a6thority to execute and deliver this Mortgage to Lender. Difens of Title: Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title "to the Piopsrty against the (awful claims of all persons. In the event any action` or proceeding !at commenced that gyestI J Grantor a title or thq rntolbt of?Le'nder undpr this Mortgage, Grantor shall defend the Action, at G'rantor's expehse: F-1 . Grantor- May be the, roi iis.l -par>'y in`: such proceeding,' but ,Lender,, smell, bs gntrtl to wn choice, and participate'in the proceeding and to be 'represented in the oroceeding'by'oouhsel of Lender's own" Grantor will dBliter, 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 all existing applicable. laws, ordinances, and re9ulations, of governmental authorities. Survival of Repr6iontotions and Warranties: All representations, warranties; and agreements made by Grantor in this Mortgage shall survive- the execution' and delivery of this Mortgage, shall be continuing in nature, and shall rem;iin,in,full,fnrce ai?d effect until such.time,as Borrower's Indebtedness shall be paid in full. EXISTING'INDEBTEDNESS: 'Tild-following provisions cohcernin'g Existing Indebtedness-a're'a part of this Mor tgage:- Exlgtlng- Ll n ThQ ben, of this Mortgage securing ,the Indebtedness;may be secondary and;ir4fenor. to an„existing lien. Grantor expressly covenants and agrees to pay or see to the payment of the Existing, lndebtedness and to i.;,d prevent any dafiiulton such indebtedness, arty defauft'under the instruments"evidens .cing•such inddebtedness, or any default under any security documerfts fol such indebtedness.; _ No Modification... ..Grantor shall. not enter into any agreement with the holder of any mortgage or athec security agreement w icF h'as-priority over this 1416 tgage`'by"which 'that'agreenieiif is rnodified,-amended; C)Afth Ted; or ranewed.without the prior written consent of Lender. Grantor shall neither request nor accept any future advances MORTGAGE Loan,No:.15001541@5 (Continued) ?. Page 5 under anyssuch security agreement.vKithout the,pfror ;written Consent of Lender. CONDEMNATIbN l`ha following provisions relating'to cdr demnation proceAArioa ate a part'of titiis NCb'rCgB$e'i' Proceedings. If any;'proceeding,,inicondamnation? is •filed,•,Grantor- shall promptly r*ify Lender in .wMIng,,and. Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may tie'AN'rl6iiIinafoirtWin'such'pr66ea hb1: birVWdet shaH-b'e erSMled`to particloatei n the'prodaeding And`Eo be represented in .the -proceeding by,-counsel of its own choice,. and Grantor will delivar,or, cause to be delivered to Lender such instruments and documentation as may be requested by Lender from, time to time to permit such participation. Appllcatlon of Net Proceeds.. It all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, tender may at its election require that all or any portion of the net proceeds of the award be :applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in cor5riect!On'with`#Fie condemnation. CiH. A IIV4L AIJTHORITES TKe following provisions relating IMPOSITION:.O TAXES, FEES A RGES BY Golf Ail to governrrtental taxes, fees and charges sire a part of this. Mortgage: Currant Taxes, Fees and Charges. iJpon request by Lender, Grantor shall execute such documents _in addition to this. Mortgage and take whatever' other action is, requested by Lender to perfect and continue Lender's lien 'on .the Real. Propert y..,. Grantor shall 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, documentarystamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes.to which this section applies: (1) a specific tax upon .this type of Mortgage & upon all or any part, of the Indebtedness secured by "this Mortgage; (2) . a `specific taz on, Borrower which ' Borrower is authorized or required to deduct from payments on the Indebtedness secured by. this type of Mortgage; (3) a 'tax on this type of Mott9ag' chargeable against the Lender or the holder.. of the Note; and (4). a . e . . specific tax'on all or any portion of 'the Indebtedness or on payments of rinc(p al and interest made by Borrower. Subsequent taxes. ?,If any tax-to which-this. section, applies is_onected.subsequent.to the date of this Mortgage; xercise.,any or all of-,its availlable this event: shall. havg the-same effect ;as an.,Event of Default,..and. Lender. Maya remedies for an Event. of;Default..as provided' beldam,, unless.Grantoratther. t1) pays..the?.tax:Wore; it becom8s delinquent,: qr : (21.: coritasta •th®. tax as provided above' in,.the Taxes sand Liens section and deposits with' Le'n'der. cash or .a sufficient,corporate surety bond'.or other security satisfactory to Lender. SECURITY AGREEMENT; ANANCING STATEMENTS. The following provisions; relating tb" this Mortgage as a security aViei erireiit are a part of this Mortgage.- ; Security, Agreement. This instrument shall ..constitute a Securtty Agreement to the,. extent any of the F?roperty constitutes fixtures, and Lender: shall have all. of the rights of a secured parry under the Uniform Coi im6iciil. Code as amended from time to time. Sacurity 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 and Personal Property.. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file:executed counterparts; copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse. Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sayer or detach the Persona( Property from; the, Property, , Upon default, Grantor shall assemble any Personal Property not sffixeto the Rropertyin{a mapper $nd at a.place reasonably ognvenient to i^irantor and Lender end make it available to Lender within three (3) days 8fier receipt of written 'demand fFom Lender to the extent .. permitted by applicable law. Addresses. The .mailing 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'Code) areas stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further 'assurances' and additional authorizations are a part of this Morta e: Further Assurances. At any time, and from time to time upon request of Lender; Grantor Will make, execute and deliver, or will cause to be:.rriadi, executed ovdelivered, to Lender or to Lenders de'sig'nee, arid when requested by Le"der, cause, to. be ,filgd, recorded,, iefilad,, or rerecorded as. the case may be, at such time. and (n such,oft1Ges era ;.places as. Lender may deem;ippropriate, any; and Al such, mortgages, ,deeds ofarust, securrty deeds securfty agreements, financing statements, continuation statement's, instr'umen'ts of further assurance, certificates, ' and other documents as may; in: .the. sole opinion, of Lender;: be necessary, or.desir4ble:in order_to eff- actuate,. complete; perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the KF ay a y; MORTGAGE Loan No: 1500154185 (Continued) Page 6 R fated .Documents, and (2) the liens and security interest's created. by this :Mortgage on the Property whetfie nopv owned or,hereafter acquired by, Grantor. Unless piohibhed.by law or Lender agrees tothe contrary in writipg, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to iri this paragraph: Additional. Authorizations.. If Grantor, fails to do any of the things referred to in the preceding paragraph, Lender may do so; for and in, the name of Grantor, and at Grantor's expense. For such purposes, 'Grantoi hereby irrevocably authorizes Lenderto make, execute, deliver, file, record and do all other things as may be necessary or de"sirable,' in Lender's sole `opinion, to accorhplish 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 and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all the obligations imposed `Upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of 3his Mortgage and suitable statements of termination of any financing statement on file' evidencing Lender'ts'security1nteres't• in the Rents and the Perdcrn81.Propdrty: Grantor will-'pay, if,-.perm'misted by`appiicable* law; any reasonable'termination fee as determined by Lender from tiftie to timer EVENTS 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. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. • Borrower or Grantor fails 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, diAgation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor., ailault ' Favor of Third Parties Should §orrower. of any Grantor default"under an'y loan, extension of credit, security agreement, purchase `or sales agfeement, or any other agreement, in favor of any other creditor or person that r'aa' 'inetbrialfy`, affect `anybf''8orr6wl3i' s: 0ir, any' Grantor's'' property 'or' Borrower's ability to repay the i"ndebt'edness or Borrower's',or Gfbritot'6'6bifity td perfotm'-their Yespactive obligations under this Mortgage, or.. any relaied `docutffdKt: , . <.; False Statements. Any warranty, ;representation or statement made or furnished to Lender by Borrower or Grantor or `on Borrower's or:Grantor;s behalf urider'this Mortgage or the' Helated 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 thereaf#er: Defective Collateranzation. This Mortgage or any of the Related Documents ceases to be in full force and affect (including failure of any collateral document to create a valid and perfected security interest w lien) at any time and for any reason. - - Dopth or.,Insohreno. The dissolution or termination of Borrower's or Grantor's existence as a going business,. the insolvency of BQrroy?rer or, Grantor, the appointment of a receiver for any part .of Borrowers or Gr`ariitor'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 or Grantor. Creditor or FQrfoitura Procaefffngs ommgnceroent of torgclosNre' or forfeiture proceedir>js?i whether,by judicial proceeding, self-help, repossession or any, other method, by any creditor of Borrower or Grantor or by any governmental agency agairist any properfji `secu'ring the Indebtedness. This includes a garnishment of any of Borrower's or Geantor's' accounts, including deposit %deounts, with Lender; However, this Event of Default shall not apply'if thbra is a- good faith' dispute by Borrower or Grantor 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 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. Existing Indebtedness. +. The. payment of any installment of principal or any interest on the Existing indebtedness is not made: within the-time required by the-promissory,nota evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, Ora* suit or otfier4dtIbh is cbmmeneetf eo4or rdlose 9riy.6kWiriglien'66 the Property: Braisich. of Other A4! ht. And breachtiy Borrower or Grantor under the terms of. sny gther agreement between Borrower .,or. Grantoctand Lender that is not remedied yvrthiri.0y Orace,pe[iod.provided therein .including without limitation any agreement concerning anyndabtedness or other obligation of Borrower or Grantor to Lender, _•whether existing-.now or.later.• c -. Events Affecting. Guarantor. Any of the preceding events occurs with respect to any Guarantor of an of. the MORTGAGE Loan.No: 1500154185 (Continued) Page 7 Indisjb 'd Zeaa or any C?uerantor dies pr becrfrrl utc,'p. ?fant, or [evoked or,..dtsputela vaiidtty o#,. or uab?i?ty, .. under, zany Guaranty .of the, Jr?debtedness In' the ave'nt, of a. death,: ;Lender:, its optwn, mey, bui',shaii not be'. required to, permit the Guarantors estate to assume unconditionally the obligations arising: Sri r, the' guaranty in a mannersatiafactoiyttrL•.isnder; and;?in doing's'o;?ctire??eriy'fveiat?of?ilefadlt -E}i? f• ?, •?? ' .: }• u 1 :.ti.,.. . -,?J ,f ,, _ s ?. ? t r ?. 1' t1.1 ri L . P.r t ".? t :.j t., •; ?. i, . Adwrss Change p` maternal. adverse ohange occuts in irantoi's, financial, condition or .,Lender believes t?re, prospect, of-payment :or performance of ihe; Indebtedness is. impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure.. If any *default, 'other th4ha default in payrnent 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 (121 months, it may be cured if Grantor, after. receiving written notice from lender demanding cure of such default; (1) 'cures the default within ten (10) days; or (2) if the cure r'eq'uires chore than ten (10) days, immediately ihitiates steps which Lender-deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to ptodite compliance as sooh as reasonably practical. RIGHTl3 ANpr DIES OIV QEF/ JL ,Upon 4.occurrenca tlf an Event at Dsfa It and a),pny t they er, Lender, . at Lender's opts 6, may exercise any one of more of tits f'oiloinring fghts and remedies, m a ditto` M any they rights or remedies"provided bylaw: 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. UCd Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies pf a secured party under the Uniform Commercial Code. Collect Rents. Lehder shall have the right, without notice to Borrower or Grantor,, to take, possession of the. Property arid; with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid.' and 'apply, the,net proceede, over and.above Lender's costs, against the Indebtedness. In furtherance of this 'right, Lender may require any tbnant ? or other user' of the Property to. make 'paymgnts'of rent or use fbes directly to Lender.' If the., Rents are-collected'by Lender, then' Grantor, irrevocably'bdthoriies Lerrde- -t -endor-* instruments received in payment thereof in the name' of Grantor and to negotiate the, same and collect the proceeds. -: Payments by tenants or other users. to Lender in response to Lender's demand shall satisfy the obligations for whio"h the'paymefits are made'; whether-or not any-•proper grounds•.for the demand existed: Lender may exercise its rights under this subparagraph either in person; by.'adent; or:theougha receiver,..'. . Appoint Receiver. Lender shall have the right to-have a receiver appointed to take'possession of all or. any part. of, the Property; with the power to protect and preserve the Property, to opera4the Property preceding foreclosure 'or sale; and to 'collect the' Rents ; from. the' Pro'per'ty `and apply the, proceeds;, over and -above; the cost-:of the ridbidership; against the"Indebtedness: :The receiver 'may;serve without bond if permitted by law. •t.endees right to'the appointment of a' receiver shall* exist whether, or ' not •the 'apparent value of the Property. exceeds. the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any 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 orelsewmie,-as attorney for Lender and all persons claiming finder or through Lender, to sign an agreement for entering in any competent courtari,ami'sable:action1h.ejectment`for'possessioh,'bi-tle'Prgpe`rty'-ghd'tc ap'pear' for and" ofihfe8s'jud¢irteitt against Gralntor., 'and ,.against all. pprsons claiming .under ;or .through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a:cppy 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. Nonjudicial .Sale. If permitted by.applicable law, Lender may. foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale... Deficiency Judgment. Lendar 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 sold as provided above or. Lender. otherwise,.becomes entitled. to posse'ssio'n of the Property upow.default of-Borrower or Grantor, Gr ptpr shall, become a. tenant,at.sufferance,of tender or the purchaser of'theroperty_and shall, ai Lender's op?on, either if)'' 1) pay a reasonable `rental for the use of the Property , or (2) vacate the Prope'r'ty immediately upon the demand of Lender.. - . - Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available MORTGAGE Loan No: 1500154185 (Continued) Page 8 attaw or in equity. Se'e of the Property. To "the extent permitted by applicable law, Borrowei and Grantor hereby waive any 'and all right to have the Property, marshalled: In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together, or separately,, in one, sale, or by separate sales. Lender. shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Propert y or of the .time after which any private sale or other intended disposition of the Personal Property is to be made. • Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten. (16) days before the time of the sale or disposition Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender fo pursue any remedy shall not exclude pursuit of `any othor.rernedy, and an;eleotton tb make expenditures- or°to take; action to perform an obligation of Grantor under this. Mortgage,. after Graaritor's failure to perform, shall' ho3 affect' Ceirider's right-to' dedlate°a default and' 95(erCibo A8 terodies: , Nothing under this Mortgage, or otherwise shall be construed so as to limit or restrict. the rights and remedies available 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 andlor to proceed against any other collateral directly or indirectly securing the Indebtedness. AttoMays' Fees; Expenses. If Lender Institutes any 'suit or action to enforce any of the terms' of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appear'. 'Whether, or not any court/ action is involved, and to the extent not prohibited by law, all reasonable expenses Lender. incurs that in .Lender's. opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear in'tarest ht the Note rate' from the data of the expenditure until repaid. Expenses covered by this paragraph include, .without limitetion;''however subject* to any limits under applicable law Lender's reasonable: ettorneys':'fees and .Lenders legal expenses whether or not there is a,lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (ipcludmg}efforts' to ritodify or vacate any,.automatic, stay or inlunoq !), appeals, an0 any anticipated, poet judgment<;coliection sarvices, thA cost of.`searchi,ng reco da, obtaining , j, repQ1, (including foreclosure trepgrtsl, surveyors'} repottsk ,agd applaisali fees arLd ,title insurance,' to- the eXteint ;pgrmttted by applicable law Grarrtor also will paY any court costs, m addition to all othersuRjs provider) bylaw. NOTICES. Unless otherwise provided :by applicable, law; any. notice required to be given. under this Mortgage •shpli be given, in writing, and. shall be effective ..when, actually delivered,. when actually, received:,by, tatelacsimile .lunless otherwise required by law) * when deposited with •a nationally recognized overnight courier, or,' if mailed, when deposited in the United States'mail,'as first class, certifled or registered mail postage prepaid; directed to the addresses shown near the beginning of this Mortgage. All. copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving forma( 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 current address:' Unless otherwise provided by applicable law, if there is more than one'Grbntor, `any 'notic'e given by Lender to any Grantor is deemed to be notice given to all Grantors.- MISCELLANEOUS-PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendriients This Mortgage, og0l . F.an tit ar?y,,i3eiatQd ; osgments,; oon$trtute$ lire entt(e UndOri?. k1g: and agreement of 'the parties as to the matters aet forth in this Mortgage. . o 11 alteration of of amendrriant to this Mortgage shall be effective unless given in writing and signed by the parry or parties sought to be charged or bound by the alteration or amendment: Annual Reports. If the Propertyis, used. for purposes other than Grantor's residence Grantor shall furnish to Lender, upon request, a certified statement. of net operating income received from the Property during Grantor's previous fiscal•year, in such form and detail. as Lender shall "require, ,"Net operating Income.- shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this' Mortgage are for convenience purposes only and are not to. be used to iriterpret or'define'thb provisions of `this Mbr'tgage;': Governing. Law. , This Mortopge.wbl be gbvemed. by itederal Iaw applicable to Lender dnd to tit's extent not preempted. by federai.Jsw, the laws, of:thb Coinmonwealth af.Pennsylvania without regard to. its conflicts of law piovislons..This.Mortgoge.has bean:acce. . by,Lander.in tho COrnmem(Veelth of Pennsylvania . Choice of ;Venus - If there. is a lawsuit, C??antor agrees,upon Lender's request to su¢mit to'the lunsdicli6n of. the court`s of Cumberland County, Commonwea'Ith of Pennsylvania. `Joinfirnd Ssve'ralLlatiNity. "Ali o'bl'igatiori§ of Borrower and Grantor under this Moitga0e'6h811 b8 joirii Andse'vefal, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean, each t MORTGAGE Loan.No: 1500154185 (Coq pued) .., ' •I . 1i la L and every. Borrower..This means that each.Grantor signing below is re sponsibie.for all obligations m.this M9rt9a9e,: No Waiverr, by, Lender.. 1ander.shall, not.ba deemed to. hava .waived, any., rights;.under,,this Mortgage unless such waiver.. is. given in writing. and signed.,by Lender:. N. delay,-oc 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 shall not prejudice or constitute,a waiver of Lender's right otherwise to demand strict connplianca with that provision or any other provision 'of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or 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 shall 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. Severablility. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the. offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable, If the offending provision cannot be. so modified, it shall be considered deleted fromVhis Mortgage. JJnless otherwise required by law, 'the ..illegality, I in,! iIidlty, or unenforceability of any provision of this Mortgage shall not affect the legality, validity UT enforceability of, any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the*Property•at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal represenfetives; successors, and assign's,, and shall be enforceable by Lender and its successors and, assigns. Time is of the Essence. Time`is of the essence in the performance of this Mortgage. r Waive Jury..:. Ail parties to, this Mortgage hereby yraivs the right to any jury. trial in alny, action proceed41:_o counterclaim brought,by any party; againsx #ny.oth*r. party: , DEFINITIONS.. The following.. capitalized. Words. and. terms shall have the.. following, meanings when used in this Mortgage.. Unless.spec#ically stated to..ttie.contrary,..all references to dollar amounts,shait mean, amounts in, lawful, and the ,plural, money of the .?lnited.States of, Amencq,,, Vllords end terms,use?J in the singular shall irZc(ude the plural, shall include the singular, as the context. may, require 'Words. and terms', not otherwise defined in this :Mortgage: shall have the :meanings attributed t6, such'terrri>;. m: the Uniform Commercial Code: Biifftiiwera `The' vliord "Borrow8r"' frieans .'Landscapes, Ihc: •ahd includes' all -co-signers .and co=makers sidhing:the Notd grid`alltheir successors`arid'assigns Defauh Th@, word "Default" means the Default set forth in this Mortgage in the section titled "Defsuit Environmental Laws. The words "Environme"ntal 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 limitationAhe Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as.amended, 42 U.S.C. Section 9601, at seq. ("CERCLA."), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. NO- 99-4i9 ("SARA"), 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, at seq., or other applicable state. or federal laws, rules, or regulations adopted pursuant thereto: Event of.Defa'ult Th'e words "Event df Default" mean any of-tits events of default-set forth in this Mortgage in -.the events bf detfAWt6ction of this Mortgage. Existing Indebtedness. The words `16isting Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The. word "Grantor" means, Christopher A. Chronister, Jane E.. Chronister, PAUL E_.OHN and KATHRYN. P KUHN. Guarantor. The word "Guarantor" means any guarantor; surety,, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means. the guaranty front Guarantor to 'Lender, including without limitation a guaranty of all or part of the Note.- Hazardous Substerices." The words "Hazardous Substances" mean materials that, because of their quantity; coMbritration or. physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported'or otherwise f4hdled. "'The'- rds Hazardous•Subatances"-are used in their very broadest se iii =aril include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed q 11 .4, ti? 5 MORTGAGE Loan No: 1 5001 541 85 (Continued) Page 10 under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum"8nd petroleum by=products or any fraction thereof and asbestos. Improverrierits. The 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. Ifid0tednsss. 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. Specifically, without limitation;' Indebtedness includes all amounts that may be indirectly secured by the Cross-Coliateralization provision of this Mortgage. Lender. The word "Lender" means Integrity Bank, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated , in the original principal amount of $35,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "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 all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together "with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from.any sale or other.disposition of the Property. Property. The word "Property" means collectively the .Real Property and the Personal Property. Real Property. The words "Real Property mean the real property, interests- and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties,, 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. Rants. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. MORTGAGE Loan No: 1500154185 (Continued) Page 11 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: Ch V er A. Chronieter .!.:CERTIFICATE OF RESIDENCE:: I herehy;;ce(tify, that the: precise..address.;of, the mortgagee,, )Integrity Bank, herein is as follows: Camp HUI Office, 3345- Market Street; Camp HIN, PA 17011 Attorn gent for Mortgagee MORTGAGE Loan No: 1500154185 (Continued) Page 12 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF 4 J1 ^ A A_ ) 1 0 this, th ,M day of hr- , 20 0'7 , before me the undersigned Notary ubilc, personally appeared Christopher A. Chronister; J ne E. C on star' UL E N; and KATHRYN P KUHN, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and officla"a-aw-0 Notary Public in for the State of PA- LMPIPM U d W Vim. O.U. TaOM CW. Nrlmd FhW.W $.kthnn. Nu. 1Nl1. 1001. AN W*N P--d. • IA [NBONOOKKW W.R T41507 W13 llrp-_- _ 14* A. Davis. NOWY GoudY CampE 21,2MI Nb Note AOgEAt P. x1AaLER 3 ?. RECOn,DF? OF DEEDS ?W ,, n 4ONNt+(-PA 05 SEA Z9 Phi Z 55. , 1?acPar+os?lYb? TMIUMM awde dro /s dqof i? fie ye?c of oar Lord T" howmd lie (3005). MY A. YOM4 a do* mean, GRAWM Pm* atone llid A N D C? A. C aad. a= L C S% kh wM4 ad rAi13i<i & UM at X4 X'WM !. KDEK, Me wMb QRWrMIA PN* of as Baeed ?'tr *a th* acid Fang dim iPimt PIK bead k aoaeid maa of tbo am of OW siiiM M 200GUM ONIAWO aba aml M^ bowlmoseyddw UmhdsWwdAmedoe, wag mdtdyprUby tbsamidPaty oftlneeaamdPatioiewidParq?d**FWftkvtaodb slfN ooddlikiwot dbaeg rare', do aodpt winewof fie bmby admvnrledNd, b? walled, , rdd? d odK *&oft ph"K Omv4rd aid oo118e W rod by sm peerequt dw Pot, bimpla, eau, Auk aaftg micas convey, god aor A crib ft meld Paq orgo woad Factberbdwsad=*L ALL that oat4tbt tat at Lad dk*b is the BwwA of Wad, Ctmbo&Md Comity Pensivlvaabt, move p stdoulmly booaded and dgmdbol s Maws, to wlty womm at a paint on the vraarm aide of Peoud Ddva, mid point bebnp' Am aocl 0*m comm of Lot No. 70, 8eotfm D of the beedadlec mwdoad vim of GMo* by the >Meaecaaida ad'1R??at>?leaad iva, aft-0. .0.4e•.M no" NO 43.ia Aot+o s poii? ?ooi bp? i5aiiiar net a oiM tni ? ti?tc iuteliiii.a. .. sadba of 10 llet, ga ao 4r*m of 1314 ft to a paint on do aaira aide at Bdw Rand; &mo byme>rxtbemaideof&bas•a4 0oalhwdaswa?54 aeioanw27sgooedg Was 12DA9.1h tic a polo# *woe by the wartem Vw dW NL 706 sod= D.,);w& 04 drwe?t 1? miatMer 33 eeooode Wien 130.71 filet b spotty!; !boons by the aocmeot Eiao of Lot No. 70, saodoa D NW& 80 dMew 44 miooies 37 aao" Beet 125 !at to tiro pimm a(SWROMO. gai ,j r _ Lot No. T0. SoWm D, d 6r ran d Loh of Rbwwkw as nowdW in r oorweoe Aw 11, Pop 9 ad b sI ft ad are isokkdm ad oapd'toao atreooed. RdO TM "M PMOM % b" ldK& A. CoWor, wida?v, by her powew of Amwrey, Sarea L'aer¦t slid 1Ca6,Y Jo Color, scow by iaa of avabp 1Cadyy Jo Jaobo?wdd. ?oMd aed omreyadb Jq•A. Yowl[ 69 daedM?ed Jane 24, ?1 and wawded J* 3, 21001 into Rmwdw of Deeds b ad fw Cimrbw1mdC+an*, PA in Raowd Do* 249, Palo 1111. acidItonI "a'. -=deoadim"nowmwd=xA APO M 9A1D PWW d4w ftA Paco hr 6dr adraR dm& bdwa mwcdea ad s&oWwd 4 doer by drwa prwecd4 oarmd, p* and Wa to md+a0go add Perq of do 8aooed pat, 6dr Behr and mbxh del dwy, 6e aid h* d 60 Plat POK 6* bdw all and tiopdada kmgkumb m dyoembw 1-,666 , i Me" aed pfd or mreitboad ?dio?Mrdadaa,?tobRM/bapppclrsboN, aeq M rdd??afllta.8asae?dPact, dmirbdm and weigaa. aRdotit dca acid 1yc1,q d6a Pbrt Peet anc11rr1e Ldra aori a?at ad and ereq e6r Pmw vrP?ooe wb R- - pre, ba * dd?eb g or to diet to am or powk YWARRAM'AMPOREMAM1D. wr14 by dcese 713d NXKAV4=OD = tAOXm Q1l IAUY ITT MLARL 11111°1 4111 [pool %2 41 r. id gi ?Ss??lsars??c? ? ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200810145. Recorded On 4/2/2008 At 11:30:53 AM * Instrument Type - MORTGAGE Invoice Number -17749 User ED - KW * Mortgagor - CHRONISTER, CHRISTOPHER A * Mortgagee - INTEGRITY BANK * Customer - INTEGRITY BANK * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $32.00 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE -- $3.00 TOTAL PAID $59.00 * Total Pages - 15 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 DLFEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIINIIIIINNIAII ,6,?,?J,D NOTICE OF INTENT TO FORECLOSE MORTGAGE - ACT 6 NOTICE January 27, 2009 To: Christopher & Jane Chronister, On August 25, 2006 you executed a note in favor of Integrity Bank (the "Bank") evidencing a loan in the amount of $36,275 (the "Loan"). The Note is secured by a mortgage (the "Mortgage") against your real property known and numbered as 1000 West Foxcroft Drive, Camp Hill, Pa 17011 (the "Mortgaged Property). The Mortgage IS IN SERIOUS DEFAULT because monthly payments of $570.12 were not received for the months of October, November, December 2008 and January 2009. The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter, is $2,650.98. You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to the Bank the above-mentioned amount of $2,650.98, plus any additional monthly payments and late charges which may become due during this period. Such payment must be either by cash, cashier's check, certified check or money order, and made at 3345 Market Street, Camp Hill, Pa 17011 You may cure this default within THIRTY (30) DAYS, the Bank intends to exercise its right to accelerate the NOTE and the Mortgage. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may loose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, the bank intends to commence a lawsuit to foreclose upon your Mortgage Property. If the Mortgage is foreclosed, your Mortgaged Property will be sold by the Sheriff to pay off the Loan. If the Bank refers your case to our office, but you cure the default before we begin formal legal proceedings against you, you will still have to pay the reasonable attorneys' fees actually incurred. Any Attorneys' fees will be added to whatever you owe the Bank, which may, also include reasonable costs. If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sherif)" s foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments, plus any late or other charges then due, as well as the reasonable attorneys' fees and costs connected with the foreclosure sale, and you must perform any other requirements under the Mortgage. It is estimated that the earliest date the Sheriffs Sale could be held would be approximately June 2009. A notice of the date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the undersigned at the following number: 717-920-3681. This payment must be in cash, cashier's check, certified check or money order and made payable to the Bank at the address stated above. You should realize that a Sheriff s Sale will terminate your ownership of the Mortgaged Property and your right to remain in it. If you continue to live in the property after the Sheriff s Sale, a lawsuit could be started to evict you. You have additional right to help you protect your interest in the Mortgage Property. YOU HAVE THE RIGHT TO SELL THE MORTGAGED PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUITION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE MORTGAGE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES, AND THE ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. YOU MAY CONTACT THE UNDERSIGNED TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. If you cured the default in full, the Mortgage will be restored to the same position as if no default had occurred. Sincerely, Holly A Davis Consumer Loan Manger ACT 91 N! C-0 FOR LO, * .00ml ?y s,r : i.!Oi NAC-cv.loos ombl" lam{ Christopher & Jane Chronister 1000 West Foxcroft Drive Camp Hill.-Pa. 17017 l5nn194185 Yntearity Bank. T.nt Par i tl*& Aa.nlr- H1C MMVA1- '8 Zh GM. C Y MQRTIa AGE AISSWANCE PROGRAM m lov cow MORT4lAft SAM aC.aLT-W 1 &glG, ,ACV I; Vlbt MAY M FOR IF V6UR DBFAULT RAS B.EN U$M 43'x'' CRCLJMTAfqm PRYOM YQXM Io a. Witt 1 loi"9oa W., V.,"v OKd ue * (IYTip?tie rti?rl??wir?lq?ie) Y4d kiAVlir A X$# PRROO'tP *M4 A : " PAY YOIM MOR,T"M 3"! stn an?.e a31iaaliom fill at, t ?.xdlt tau= Y-owmuttec kin ddkdi f r iknmomns od ttaieck?i?llf.? tf mpp1iaWonWM'U Ow or YaU' .1 3t A"nek [om Ru mq=0 r6ti FAIL -td D Gi so wvbb DAB `.1 11;f T".:OT.M% N.Pxm * laws ">lm 1&Tsg !X FiC lR l UAT WW AGM iGl?1R D AN YoiQR At:E1KiQ? ACI CiAt : - Auilablo #ds for cmmpmy mom as ooe mm VM 1400tl. Tyr vuih b+? ? W by .mkrt?o A#biftoi#ais tabl' by Tba msxlvaliis nn le r?#1 b?'ll?>a?.i?t Yim ?f ynlc ro?ndt lbe ?a ? ? forte abovo. You vyi'll be tcd ctu ectly bg' fhe IrI Avg ... 6L1Pg. Fih cT t i . on Y+wT apliori: t'' QM IF YOIU ABX. CE1R 1'I7a3E F WTZC p.RY UM PU G OP A 99MWN XN OANX,WUI T OLLO O PAW OrT XOM. i<b1-YO UMOUTIGON Pt 'Q!? S O iLY 4Hbt H 1?QT HR COIF AS 1.A1"l 'fit? COL (If You ftdts ? yoq cea asi#ll :apy'or Ewes pw MorlgWAsdduia4 ?llE1 A P., ; •-?Ma MOlLTGAOS dbtW.by #e *ovp WOO 9OYM t Y 1000. West Foxcroft Drive, Camp Hill, Pa 17011 jSZgaM=Vjj4 AMTbcgxj?wscheduled monthly payments have not been receivedfor the months of Nct,NovoDec 2008 & Jan 2009 YOU N%V. 2TUADS`M.'Y:900" PAS ft folkOft "As 190 %6 aiii .: ;$SSta diue Octah r 2008-$570.12., November 2008-$570.12, n?@mber,2.DQ8-$570.12, and Denuary 2009-5570.12 Latp fPPR $-47n_.qn T AL AMOVW NW OM: $ 5 n . QB $: Y CO 11AW FAMM TO TAIffi.'I FOLLOWNG AMOR dkiwtm Kk-e?licabtel: e Of Integrity Bank, Attn: Holly Davis....3345..Market.. Str.eet,._..Camu...Hil.l_..: Pa17_011 IFYOU'Do. fin`D ?i1t.T -U you do.auot:embe. t WAM TIMT 09) DAYS of, .if _#t o t. totixsm ptt?t ttp ?:: >?Y If "Y% *Oim n n acs; tiie l r Aw'BAauda tb4?6:attotnaya to sta 0Vd:MdGu to. Tam'o#e a#= your s P"Perq. IFTM" Mod rW#y *0..1 be jo :by 60 SljwW 1?+e tfi?aa?erlt?+"?r?e?1 +?',ui will l i? rp?e9 fio p?? tie s+l? '`s i tfiat went y, f wu up to UD. orvevar; if toaai protxadis?ramc t yam, you V+iit dace to iU. teaapanabhtattaa?eyis het actus$fy aui+ed by the a #f t}se?!©oed Q. ?ta?aaY`a lfip IT.be added die agaount t?vyI the taaawr WWI tw 00 Odu0c other MSQMNO i osti. If* emb the d WIthb ft TJORTY (M) DAY 0054 yow'*M ? id to to' 401" "0 fees. The lender Mrj also sue you perwrWky forihe.wlpaid rWO 'b+fiiatux aad ?1:afbers?tms ?e un??r diemc wiftnt?'?- ? (?? 1;i periaid' •: ...... • ynu. s'?i liav?e.?e.r?ht?o c .dtb deice enrd Itravaati tha sale ut artlr t up=to oae'fionrlas re ilia 3CoU am.. do as ky Plsl!ing'. e: el amaaaat t dim, pin : hde .a#har?'I at day. .CAWROIM ? eosts?eckd wiib ?iet`edted v?litli'* - off. ??-ia 81?:t? t??e? eitd???uie ! +cdfi?:s.fkr1llti#i?i?$e Y"r in?t in da mamas aftiordan t rtaNteb t+e±?i a prili'. t , i s t ai tto atu . ifyox bo uewwa : .I #ia a. arm ate ea?+?i,l?ta? ? ??ot??ee ?i€i t?,?gtt't?3?oa b±?[C't lea. 43.a+o?arae;`e??na?dado surest ae7C axes lany?t. bafwa'oust! out ` OM- i .. Integrity Bank Addew 3345 Market Street, Camp Hil, Pa 17011 li 717-920-4900 717-920-3611 Holly Davis '?' .sa?r.? . ?. tit?+? "? i?:?.?s?! ill I,ymii'.? e??he MW V JwV s iii #a m '?! bpdc a?ut? t rv 7 Eiq they I t aria time. .?oaaetos r?rbe'uenp?v?i1??C?;tiy:]t?ai ??l°. p#y aep and oa?iay?s r a rx?ris al+e i l 'tg brut ;;Boa in ' e r YOi lYtXff A d.NAVEM'EERMT: TQ TSBnOPIMTAE?ObTANI%I 'Ml%Ay 7stkKRTOAOR,i TOILT-0 nod` Mme`. ? AX01 LVMW 1? tTUTM ?!!L3 ??1Y:tl?FF'M .E'I TO:HA T WS bEWULT MMW UY AN YTJW PARTYA ON YOUR SMAW. T-, V `T13EUMTOAGE' TO TIM SAA-6posnum,A,S-WWOD AULTHAD. OOOMIP? Ii! YOU CM. . MDWATJLT OWWR tt;YOU DOl 'SAS TM9RIGHT`TO CtIIM'Y CIR-DE6 i?L?T NO TUN nOW T U4 ANA` BAR YEtX) TOASMT. T1IEi 01??3TSX9JI F-A DBFAU TStANY 17QMOO=RIKOG'MOiQ P1. ANY .LAwwrD±1tS'Aru IINmTimMaRmAds] ablio $, TOi. A. ,T Ate` OT OR:PEF04?WX©U IP9LMVEYQU'UAY X1YE TO WO ?A=QN BY 7M UMML tO $. fl'#? " JW. i91+iDW TWIME 4I,13AW.W- `. - LAW. COx$?I K OMDIT cot- 5WIN4 ??? G?B SERnQ?t+? YQIiR ?O?iNTF l.tn a ft.:6f oo 'rxiu li. !ig?t?t es'Ad&d in Act, 37O COMY, in whkh Yh# p v b Courkesting.Aaenclas P Army qf&r vh'hr vv lisps 4; MYOW AM, :f#1C, to ?t gta fo r ne?po? Adis G? l?tN?rlgi ??i ?. Pik 17 Fiwt 74734.26 9 .CP atW IM PA miquom u7?.?uar• 8? Y&k PA 17403 *MIAgtr 4•M 47t7; t3?9ET = on caldit1i,4(on •rApw R "'km `t6'4A tla?gi $t?eat :P!!t -'T71EI!{ 7.17, MAM 'F* M^MV hft Fair Not(" Council An P"" 910 140A ft ski* . PA 17110 717'i?e.?SS1A Fait I1T29?.9Q?l3 tiousbW Radaue AuM of tfUrnbarland County 9.3 N. Nww6aratnOK *0 404 A 170" 90A. = P t.-zs Past xi7:?4?:4?,•a LWA", ilia. Lk* T'hvnwm AW6 M. it$r w tONO ib AIg PA 171:40 7ft.tW. 7 Fak: 717.?82,2898 t tittit f,po6MnO. Inc. ?hael.lahnen low FM BU*k ft*bWO PA T71M 711 t? x?ta ?? :Albletntity ?t ?over'nanca W. paip.zmd"" -lA p1?. - ,, . . M,?i•Plk ti70Si F* 71116.0600 M - (Domestic Only: Coverage Provided) N m (Domestic Only; i 1 Provided) Coverage -W For delivery information visit our website at www.usps.com OFFICIAL USE For delivery OFFICI AL USE Postage $ m Postage $ O 1 CNMed Fee O C"ed Fee PoWnwk 0 Ic (0t RegWFOO O eM (Endoreem Required) Here 0 O Restitted e M 1 c Eftwamen Wh . Total Postage & Fees , Total Postage & Fees $ O Sent To Eli; orPDBa.N 4 r orPO IFoDow, sh" r delwcry infonnc Jill, ? O O CsNgsd Fes O O Ron R.ceW Fee O MYRequlrod) A O - - ^--- O O C`- Complabs Earls 1. 2. and 3. Aieo own0de A . ewe" Not 41f ReebiCfied Degvary Ceti dsalrad. ¦ PrW your name aid aiddma on the reverse X Addmuee r?elu r rl the owd.to you. h at we car s o t tt S. Roooked by f P*W MW" C bate of DWWNY ? ? { _ ? ,l w? y ??L m Mach thls'c and to the back of the rhW1 r w . or on the front H spaoe.perrtdts. 0: Is ddv y addise? dlNrailtfiom item 1? Yes l 1. n?tlcie Add, to: If YES, s OW daNVery address below: E No II ?JU?.IUI'll?-'. W C ?V f O ? Gy Elea Mea ? . Y Vv `` ?} . - 11 A _ Rpleoxed ? F+hm Raoelpki'or hAefdwidlee 13 lmknd Md C.O.D. ,Uj,C 4. Reetrlot d DdverlR (ice F1 C3 Yes ^'°" - - _.-_ _ . --- _- - -- -- -- ._ __ 7006 0100 0000 3496 3766 (lianafe?flrfrri service hbe4 L Ps Form 3811, PebruW 2W Dom W Redun RweV 102:t a¢-*1seo z m. Pla c. VERIFICATION I, Robert K. Day, hereby verify that I am the Executive Vice President of Integrity Bank, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: -? . ? ? • a By: Ro ert K. Day, Execu ' e Vice President Integrity Bank C -71(f 73 f ? p 4 V y .?p? L i O J V Sheriffs Office of Cumberland County R Thomas Kline ? ?t, of climb ?r? ? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF 1,,E s"EPIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/20/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Chronister Landscapes, Inc., but was unable to locate then in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on April 22, 2009 at 1430 hours this Complaint in Mortgage Foreclosure upon defendant Chronister Landscapes, Inc. is returned not served per request from attorney John H. Pietrzak. 04/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on April 22, 2009 at 1430 hours this Complaint in Mortgage Foreclosure upon defendant Christopher A. Chronister is returned not served per request from attorney John H. Pietrzak. 04/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on April 22, 2009 at 1430 hours this Complaint in Mortgage Foreclosure upon defendant Jane E. Chronister is returned not served per request from attorney John H. Pietrzak. 04/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on April 22, 2009 at 1430 hours this Complaint in Mortgage Foreclosure upon defendant Paul E. Kuhn is returned not served per request from attorney John H. Pietrzak. 04/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on April 22, 2009 at 1430 hours this Complaint in Mortgage Foreclosure upon defendant Kathryn P. Kuhn is returned not served per request from attorney John H. Pietrzak. SHERIFF COST: $101.00 April 22, 2009 2009-1717 Integrity Bank VS Christopher A. Chronister SO ANSWERS, R THOMAS KLINE, SHERIFF V ; ? -