HomeMy WebLinkAbout09-3521
1
3
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank, No. - QM I ivi l -ram
Plaintiff
vs.
Action in Mortgage Foreclosure
Steven E. Westhafer, and the
United States of America,
Defendants
To: Steven E. Westhafer, and the United States of America, Defendants:
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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CPAL ACTION - LAW
Adams County National Bank, No.
Plaintiff
VS. Action in Mortgage Foreclosure
Steven E. Westhafer, and the
United States of America,
Defendants
To: Steven E. Westhafer, and the United States of America, Defendants:
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defendersee de
las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a
partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia
escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus
objeciones a las demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en al
demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED
PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES
PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
2
•
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank, No. D 9- 2Y,21 Te,
Plaintiff,
vs. Action in Mortgage Foreclosure
Steven E. Westhafer, and
the United States of America,
Defendants.
COMPLAINT
AND NOW, this a7 th day of M o q , 2009, comes the Plaintiff,
Adams County National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this
action in mortgage foreclosure against Steven E. Westhafer, and the United States of
America, Defendants, whereof the following is a statement:
1. The Plaintiff is Adams County National Bank, Mortgagee, a national banking
corporation organized and existing under the laws of Congress relating to national banks, with
its main office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania
17325.
2. The Defendant is Steven E. Westhafer, an adult individual who resides at 71 Silver
Crown Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Defendant, Steven E. Westhafer, is not in the military or naval service of the
United States or its allies within the provisions of the Servicemembers Civil Relief Act of
2005, 50 App. U.S.C.A. § 501 et seq.
3
4. The United States of America is named party defendant, pursuant to the provisions
of 28 U.S.C.A. §2410. The United States of America claims liens on the property herein
sought to be foreclosed, initiated by the filing of the following Notices of Federal Tax Liens:
(A) Notice of Federal Tax Lien No. 2006-05055, naming Steve E. Westhafer, as
taxpayer, filed on August 30, 2006, in the office of the Prothonotary of Cumberland County,
Pennsylvania, in the amount of $28,353.51 (a copy of said Federal Tax Lien is attached hereto
and marked as Exhibit "A").
(B) Notice of Federal Tax Lien No. 2008-00035, naming Steve E. Westhafer as
taxpayer, filed on January 3, 2008, in the office of the Prothonotary of Cumberland County,
Pennsylvania, in the amount of $9,940.91, (a copy of said Federal Tax Lien is attached hereto
and marked Exhibit `B").
(C) Notice of Federal Tax Lien No. 2008-04691, naming Steve E. Westhafer as
taxpayer, filed on July 31, 2008, in the office of the Prothonotary of Cumberland County,
Pennsylvania, in the amount of $89,516.58, (a copy of said Federal Tax Lien is attached
hereto and marked Exhibit "C").
5. On February 25, 2004, the Defendant, made, executed and delivered a mortgage
upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded
in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record
Book 1855 at page 1906, a copy of said mortgage being attached hereto and marked as
Exhibit "D" and incorporated herein by reference.
6. The mortgage secures Defendant's note dated February 25, 2004, in the amount of
$1,400,000.00, payable to Plaintiff in monthly installments with interest adjusted as per terms
4
of the note, a copy of which is attached hereto as Exhibit "E" and incorporated herein by
reference.
7. Said mortgage has not been assigned.
8. The real estate is described as follows:
ALL that certain piece or parcel of land, situate in the Township of Silver
Spring, County of Cumberland and State of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point in the center line of Township Road T-
592, known as Glendale Drive, at corner of lands now or formerly of
Ronald E. Ryan; thence in and through said Road, South 9 degrees 8
minutes East, 43 feet to a point; thence by the same, South 28 degrees 22
minutes West, 181.50 feet to a point; thence by the same, South 14
degrees 33 minutes West, 81.23 feet to a point; thence by the same, South
22 degrees 24 minutes West, 235.95 feet to a point; thence North 73
degrees 22 minutes 30 seconds West, 28 feet to a point; thence South 10
degrees 53 minutes West, 84 feet to a point; thence South 36 degrees 29
minutes 20 seconds West, 186.35 feet to a post; thence by lands now or
formerly of Lester Vogelsong, South 57 degrees 15 minutes West, 74 feet
to a point; thence by the same, South 61 degrees 55 minutes 15 seconds
West, 251.64 feet to a point; thence by the same, South 75 degrees 36
minutes 47 seconds West, 173.47 feet to a point; thence by the same,
South 74 degrees 13 minutes 40 seconds West, 147.22 feet to a point;
thence by the same, South 67 degrees 20 minutes 56 seconds West, 199.57
feet to a point; thence by the same, South 81 degrees 43 minutes 10
seconds West, 426.35 feet to a post; thence by the same, North 19 degrees
35 minutes 42 seconds West, 286.94 feet to a post; thence by the same,
North 12 degrees 19 minutes 06 seconds East, 146.27 feet to a point;
thence by lands now or formerly of Catherine E. Vogelsong, North 79
degrees 04 minutes 27 seconds East, 373 feet to a point; thence by the
same, North 14 degrees 12 minutes 41 seconds West, 401.35 feet to a
point; thence by lands now or formerly of Ronald E. Ryan, North 80
degrees 30 minutes 06 seconds East, 948.23 feet to a point; thence by the
same, North 79 degrees 42 minutes 07 seconds East, 412.00 feet to a point
in the center line of Township Road T-592, the place of BEGINNING.
BEING the same premises which Elwood R. Westhafer and Joyce
A. Westhafer, husband and wife, by deed dated June 3, 2003, and recorded
in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book 257, Page 2338, granted and conveyed unto
Steven E. Westhafer, Mortgagor herein.
i
9. Said mortgage is in default because the payments of principal and interest, which
have become due and payable on February 1, 2009, and on the 1 st day of each month
I
thereafter, remain due and unpaid. By the terms of said mortgage and at the option of
Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable.
10. The present owner of the real estate is the Defendant, Steven E. Westhafer.
11. By reason of the aforesaid default, the following amounts are due in accordance
with the terms of the mortgage:
(a) Balance of unpaid principal $ 960,723.74
(b) Interest from 01/02/09 to 05/26/09 $ 21,507.00
(Plus $147.86 per diem thereafter)
(c) Late charges to 5/26/09 $ 2,337.18
(Plus $402.96 per month thereafter)
(d) Other fees $ 372.20
(e) Attorney's commissions $ 25,000.00
TOTAL $1,009,940.12
12. The attorney's commissions set forth above are in conformity with the mortgage
documents and Pennsylvania law and will be collected in the event of a third party purchaser
at Sheriff's Sale. If the mortgage is reinstated prior to the Sheriff's Sale, reasonable
attorney's fees will be charged based upon legal work actually performed.
13. The Combined Notice of Delinquency, which satisfies the requirements of the
Notice of Intention to Foreclose pursuant to Act 6 of 1974 (41 P.S. §403) and the Notice of
Homeowners' Emergency Mortgage Assistance pursuant to Act 91 of 1983 (35 P. S.
§ 1680.401 c), as amended, has been sent to Defendant by first-class mail, postage prepaid, and
by certified mail, return receipt requested. Copy of the Combined Notice of Delinquency sent
to Defendant is attached hereto and marked as Exhibit "F" and incorporated. herein by
reference. The Certified Mail Receipts (PS Form 3800) and Domestic Return Receipts (PS
6
i
Form 3811) from the mailings of said Notice to Defendant are attached hereto and marked as
i,
I'
Exhibits "G - I". Said Receipts are incorporated herein by reference.
WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the
sum of $1,009,940.12, plus interest from May 27, 2009, at a per diem of $147.86, additional
late charges, costs of suit, and other charges collectible under the terms of the mortgage; for
the foreclosure and sale of the mortgaged property; and for other relief as the Court deems
appropriate. Plaintiff also demands judgment against the United States of America for the
purpose of divesting the tax liens held by such Defendant.
Respectfully submitted:
PURL, EASTMAN & THRASHER
By:
dward G. Puhl, Esquire
Attorney ID Number 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
7
a
STATE OF PENNSYLVANIA,
COUNTY OF ADAMS
Susan M. Saylor, being duly sworn according to law, does depose and say that she is
the Assistant Vice President, Collections, of Adams County National Bank, and that the facts
set forth in the foregoing complaint are true and correct to the best of her knowledge,
information and belief.
Z 0 -
Susan M. Saylor
Sworn to and subscribed before me
this 19*' day of --,
2009.
A7. 6lv. D
Notary Public
COMMOMM&TH OF PEW YLVAW
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EDIT "A" PAGE 1 Of 2
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.
Fwm 4" (T)(c) -- - Department of the Treasury - internal Revenue Service
lpkv. ftbnwry 2000 Hodca of FNdlfil Tax L km ,
Area: Serial Number
siyhm Busniza8/mr RMPLO D AREA #2
Uen (Unit MOM (800) 879-3903 310069506
p OY M" "It 1, 6322, sad $3t3 of tlr i?oorsah Rnleaae
CO ft ale are hers a EWN daw mat (b dN ft LMatrtt and pewMn)
have pew attMM aphM do 1?oRotwM1111111111d pp4M. we have awade
a wioaiild tar pry¦ m of drt qty, Mt k toasiot MpM.
Awe k a In b low or do uww slaps as &g p wa g, aM Tbwvfav,
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props ty pahall t to Ob mgmWw for w anoint of du gmu, and
addhdmd pa ddw, bowery ad costs that my soma.
Name of Taxpayer STEVE E WE THAFER
Residence 71 SILVER CROWN DR
MECHANICSBURG, PA 17050-1638
- -T&4405, F TL
?? ?jff'/Y on
MR UAM RUMU DRORMATHM: for each nmmnant iblad below,
on tM danodom of the kn Is allied by dw date y followkq such date. operate as a a ?? e)• t shat,
in IRC 8326(x). of role" - n defined
fto of
Ibr
End of Tax T
1040 112/31/2001 -XX-2265 02/09/2004 03/11/2014
1040 12/31/2002 -XX-2265 01/03/2005 02/02/2015
1040 12/31/2003[m -XX-2265 04/04/2005 05/04/2015
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5852.25
3249.94
Place of Filing
Prothonotary
Cumberland county Total $ 28353.51
Carlisle, PA 17013
This notios was prepared and signed at DETROIT, MI I
on this, i
the _ Is 1:11 day of Ault 2006
Signature A. Tidy
for REGINA OWBN3 A 22-00-0008
(800) 829-3903
(MOTEL CeraBceee of of fm sw0w ind by low to take sommie ft"W* is not eeeentM to tit vM4ty of Notice of federal Tat Non
Rev. 11u1. 71.4e6. test - 2 C.B. e091
hrt i - Ka" by Reowis Oallce f0n" sMRxc) IRev. 2-2004f
CAT. NO OW26X
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OBIT "B" PAGE 1 of 2
Fan "I (YX0 Department of the Treasury - Internal Revenue Service
(tw,,. February 2004) Nodee of Federal Tax Lien -„
Area: r! umber
MALL Duan isss/saLF nwLoYSD AREA (I2
Uen Unit Phone: (aoo) 913-6050 410602207
As p oridad by 1Nctlas 6321, 6322, and 6323 of dw b lumd kareeea
Cak we we skft here been astlssad a modes dot toots (IsdliNlltp Iwi-i - a aid MUNN)
apho the fowl ssred cupt4lar. We hate soda
a daawd for papow of dots my, bet k naNtt?t a wdL TMf fw*
done k a oft b hVw Of the Wtsd Statei an all pmpw ty asd do" to
M"m ty bdow4bs to th tasparsr for dw axww of dmm taros„ asd
adddosd psoldof, 1assss4 asd coots dank say aoa s.
Residence 71 SILVER CROWN DR
MRCHMCSBDRG, PA 17050-1638
For OptloeMUn by ft
?4 p1w a/ I. o-U
c.x /9 Y/ r
lei,. '20" 24
ROMANT ULEI U MFOMAMNs For each assessment Nsted below,
union notice of the ten is rallied by the date given in column (e), this notice shah,
on the day following such data, operate as a certificate of mNss as defined
In IRC 8325(a).
led I
IOsd of Tax T Et'
of L"
destY~IwAbw Asaai t w" for
1040 112/31/2004 XXX-XX-2265 04/
Place of FNing
Prothonotary
Cumberland County
Carlisle, PA 17013
Total I $ 9940.91
This notice was prepared and signed at DETROIT, MI
on this,
the 19th day of December 2007
,
Signature A
for DAVID m. sHROyn Rltle Q OFFICER 22-06-1442
(717) 777-9625 X1320
(Me>fM Cstifi W of ofaoar tud+or nd by kw to take w1mw1eftim t Is not oo$w* N to the vaNdhy of Nlotloa of Faders! Tax Non
Rev. Rul. 71-482, 1971 - 2 C.B. 4091
tart t - Kee ay lotoar bg CNkg Form 668(T)(e) ftv• 2.2004)
CAT. NO e0025X
2007 05/02/2017
9940.91
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FJtRTRT 1 "B° PAGE 2 of 2
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FSHIR-TT °C" PAIGE 1 Of 2
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615 2
iFo? 6" (Y?(c) Department of the Treasury - Internal Revenue Service
M*V. Fobuny 2004) No" of Fedwd Tax Lim 7U.6.0. yLo) KM
Area:
BNRLL BU8n=B/8BLrr XWWYRD AREA 82 Serial Number
Lien Unit Phone: (800) 913-6050 458434608
Aft MIa" by seW= 6321, 6322, and 6323 of do" P
etfel ibe+?ttre
Code, we era des a ¦odoe dtet &=as (bd¦ ft kwo aid pen Mw)
bm been Mond vad w dte f -gff-. lllttttaa?ed wool W6 We 6rw ¦ uk
a dmtwd far N4nn w of *At M ft, ba k roo tt tnp L lb*a % i
dtere k a In b bwr of d» linked Mato: m a1 "erne and d*ft to
May beset *g to ft teotpeilrrr for dw unow of diem tsar, and
addkiad PamehhR 0-- - 1, aad oohs dnt away acme.
Residence 71 SILVER CRONY DR
I"ECHANICSBQRG, PA 17050-1638
'Pit . P-W • N 00
0L .2,& o?P
.712 X1/3
C
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0
r?z. ?
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r w V3
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rz rr-
lij'IiIORTAIfi' RUSM iNFORMATIOI>Ih For each assessment Noted blow,
unioos node of cho Non b mfbd by the data given in cok m (s), dlie notice sh4
on the day fokWkV such den, opsrm as a csrtitiosts of rebate n defined
In IRC 03z5M.
MW of Tax TT Enisyw? Iden?yl?t? Nttot6er Awem=M No ON Laq ft 1W
ON"
1040 112/31/2005' XXX-XX-2265
Place of Filing
Prothonotary
Cumberland County
Carlisle, PA 17013
This notice was prepared and signed at DETROIT, MI
the 22nd day of July . 2008
99516.58
Total
$ 89516.58
on this,
Signature ?- A.
for DAVID N. SHROYER - " OFFICER 22-06-1442-
for 17) 777-9625 x2320
twum Cwdacaft of oftlow euftrbed by law to take OcknowbdpmNn b not eaaneel to tie velkllty of Modes of fedwel Tax Nan
Rev. Rul. 71-4ee. 1971 - 20.6.4091
part t - K409 by seosrr ag Olga CAT. ( AT NO z-20041
C. R10 s0026X
w "Cu Page 2 of 2
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ROBERT R.71PGLER
?c '0 tDER OF DEEDS
i.: '`, :,AitD COUtJTI( - ;
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After Recording Return To:
ADAMS COUNTY NATIONAL BANK
675 OLD HARRISBURG ROAD
GETTYSBURG, PA 1735
(Space Above This Line For Recording Data)
LOAN NO.: -
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated FEBRUARY 25, 2004
together with all Riders to this document.
(B) "Borrower" is
STEVEN E WESTHAFER
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is ADAMS COUNTY NATIONAL BANK
Lender is a CORPORATION
organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA
Lender's address is 675 OLD HARRISBURG ROAD
Gettysburg, PA 17325
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated FEBRUARY 25, 2004
The Note states that Borrower owes Lender
ONE MILLION FOUR HUNDRED THOUSAND AND 001100
Dollars (U.S. $ 1,400,000.00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than MARCH 1, 2035
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(F) "Loan "means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest.
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(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable):
?X Adjustable Rate Rider Condominium Rider [] Second Home Rider
0 Balloon Rider Planned Unit Development Rider 1-4 Family Rider
[] Biweekly Payment Rider V.A. Rider
Q Other(s) [specify]
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to. point-of=sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.(. S,?1101 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amenbed from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
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TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment ol'the Loan. and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the
COUNTY of CUMBERLAND
[Type of Recording Jurisdiction] [Name of Recordiryr Jurisdiction]
SILVER SPRING TOWNSHIP
THIS MORTGAGE IS TO SECURE A PRESENT AND FUTURE ADVANCEMENT OF FUNDS IN
ACCORDANCE WITH A CONSTRUCTION LOAN AGREEMENT OF EVEN DATE HEREWITH TO
ENABLE COMPLETION OF THE CONSTRUCTION OF THE IMPROVEMENTS TO BE ERECTED
ON THE MORTGAGED PREMISES.
which currently has the address of GLENDALE DRIVE
[Street) ..
MECHANICSBURG Pennsylvania 17055 "Property Address"):
Iciryl
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered. except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the 'dote and any prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Esp.-ow Items pursuant to
Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency.
However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender:
(a) cash; (b) money order; (c) certified check, bank check. treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payment or partial payments are insufficient to bring the
Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the
future against Lender shall relieve Borrower from making payments dlie under the Note and this Security
Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) taxes and insurance due
under Sections 4 and 5; (b) interest due under the Note; (c) late charges; (d) costs of collections; (e) amounts
due under Section 3; (f) principal due under the Note. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges,
second to any other amounts under this Security Instrument, and then to reduce the principal balan'be of the
Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.
If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to
the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the
extent that any excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to
any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance pre..-niums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortg.,tc Hisurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at
any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
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shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for
any or all Escrow Items. Lender may waive Borrower's obligation to pay to lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower,
shall pay directly, when and where payable, the amounts due for any Escrow items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and to
provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section ;.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA. Lender shall estimate the amount of funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any F:deral Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later thr_ the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the Funds, annuail-% analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or
earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that
these items are Escrow Items, Borrower shall pay them in the manner provided in Section ;.
Borrower shall promptly discharge any lien which has priority over t)•;s. Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien is manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or
(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10
days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
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actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage." and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtaJn insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or
amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower,
Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and
might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost
of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower'could
have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date
of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lenrlcr, shall be
applied to restoration or repair of the Property, if the restoration or repair iF economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
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related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use
the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, i'I'less Lender otherwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist
which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower
notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representatiop,? include, but
are not limited to, representations concerning Borrower's occupancy of the Propeas Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,
including protecting and/or assessing the value of the Property, and securing and/or repairing the Property.
Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority
over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its
interest in the Property and/or rights under this Security Instrument, including its secured position in a
bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make
repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or
other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take
action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It
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is agreed that Lender incurs no liability for not taking any oral I actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees
to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a conolt: of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. f, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected
by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue
to pay to Lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in
lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan
is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such
loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the
amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall
pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable
Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Noi,.; for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
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Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than
the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction,
or loss in value. unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value
divided by (b) the fair market value of the Property immediately before the partial tz:? ing, destruction, or loss
in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of
the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and
Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this
Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument. whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security instrument. The proceeds of any award or claim
for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
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or modification of amortization of the sums secured by this Security Instrument granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,
without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of
Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any
right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except is provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. in
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to
Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note
or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under
the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to R-rrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notlc-- to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
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shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but
such silence shall not be construed as a prohibition against agreement by contract. In the event that anv
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
AS used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include
the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However. this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
II' Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the
earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security
Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to
reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
(a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays al! expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable. attorneys' fees,
property inspection and valuation fees, and other fees incurred for the purpose of pr:oicting Lender's interest
in the Property and rights under this Security Instrument; and (d) takes such action as t .nder may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender
may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality or entity; or •(d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
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A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments
due under the Note and this Security Instrument and performs other mortgage loan servicing obligations tinder
the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the
Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change which will state the name and address of the new Loan Servicer. the address
to which payments should be made and any other information RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (% either an
individual litigant or the member of a class) that arises from the other party's action pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental
Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition
that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (o) that is in violation of any Environmental Law,
(b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of th? Pronerty.- tee preceding two
sentences shall not apply to the presence, use, or storage on the Property of smaii %antities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the
Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental
Cleanup.
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NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower
of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default
must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums
secured by this Security Instrument, foreclosure by judicial proceeding and sa!Q of the Property. Lender
shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration
and foreclosure. If the default is not cured as specified, Lender at its option may require immediate
payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys'
fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy
this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption fi•om attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security :I,nctru:nent is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase nicney mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
'44t Ajt"? (Seal)
STEVEN E WESTHAFER -Borrower
Certificate of Residence
[Space Below This Line For Acknowledgment]
. (Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
1, George A. Vaughn, III do hereby certify that the correct address of the
within-named Lender is 675 OLD HARRISBURG ROAD, Gettysburg, PA 17325
Witness my hand this25th day oI~ebruary, 2004
Agent oI Mortgagee
COMMONWEALTH OF PENNSYLVANIA, CCIMBERLAIVD County ss:
On this, the 25th day of February, 20 04 before me
the undersigned officer, personally appeared
STEVEN E WESTHAFER
known to me (or satisfactorily proven) to be the person whose name(s) is/arc subscribed to the within
instrument and acknowledged that helobel4l'?e9 executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commis- WEALTH OF PENNSYLVANIA
Member. Pennsylvania Association Of Notaries
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Notar al Seal
Nang I,. Bis?e, Notary Pubic
H3tl?tlert Ttillp., Ctmberlartd County
IN??COrnrtls.5iort Expires Sept 8, 2007
Notary Public
FXRTRT'P eDs
PACE 14 of 18
MR 18 5 5 I"G 19''191
Adams County National Bank
Loan No.
Legal Description
ALL THAT CERTAIN piece or parcel of land, situate in the Township of Silver Spring, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center line of Township Road T-592, known as Glendale Drive, at
corner of lands now or formerly of Ronald E. Ryan; thence in and through said Road, South 9 degrees 8
minutes East, 43 feet to a point; thence by the same, South 28 degrees 22 minutes West, 181.50 feet to a
point; thence by the same, South 14 degrees 33 minutes West, 81.23 feet to a point; thence by the same,
South 22 degrees 24 minutes West, 235.95 feet to a point; thence North 73 degrees 22 minutes 30
seconds West, 28 feet to a point; thence South 10 degrees 53 minutes West, 84 feet to a point; thence
South 36 degrees 29 minutes 20 seconds West, 186.35 feet to a post; thence by lands now or formerly of
Lester Vogelsong, South 57 degrees 15 minutes West, 74 feet to a point; thence by the same, South 61
degrees 55 minutes 15 seconds West, 251.64 feet to a point; thence by the same, South 75 degrees 36
minutes 47 seconds West, 173.47 feet to a point; thence by the same, South 74 degrees 13 minutes 40
seconds West, 147.22 feet to a point; thence by the same, South 67 degrees 20 minutes 56 seconds
West, 199.57 feet to a point; thence by the same, South 81 degrees 43 minutes 10 seconds West, 426.35
feet to a post; thence by the same, North 19 degrees 35 minutes 42 seconds West, 286.94 feet to a post;
thence by the same, North 12 degrees 19 minutes 06 seconds East, 146.27 feet to a point; thence by
lands now or formerly of Catherine E. Vogelsong, North 79 degrees 04 minutes 27 seconds East, 373 feet
to a point; thence by the same, North 14 degrees 12 minutes 41 seconds West, 401.35 feet to a point;
thence by lands now or formerly of Ronald E. Ryan, North 80 degrees 30 minutes 06 seconds East,
948.23 feet to a point; thence by the same, North 79 degrees 42 minutes 07 seconds East, 412.00 feet to
a point in the center line of Township Road T-592, the place of BEGINNING.
BEING the same premises which Elwood R. Westhafer and Joyce A. Westhafer, husband and
wife, by deed dated June 3, 2003, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book 257, Page 2338, granted and conveyed unto Steven E.
Westhafer.
0111 r' "D" PAGE 15 of 18
BU 8 5 5 PG 1920
FIXED/ADJUSTABLE RATE RIDER
(One-Year Treasury Index - Rate Caps)
LOAN NO.
THIS FIXED/ADJUSTABLE RATE RIDER is made this 25TH day of FEBRUARY, 2004 , and
is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed
(the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's
Fixed/Adjustable Rate Note (the "Note") to
ADAMS COUNTY NATIONAL BANK,
CORPORATION (the "Lender") of the same
date and covering the property described in the Security Instrument and located at:
GLENDALE DRIVE
MECHANICSBURG, PA 17055
[Property Address]
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN
ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S
ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM
RATE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial fixed interest rate of 5.625 %. The Note also provides for a change
in the initial fixed rate to an adjustable interest rate, as follows:
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of
MARCH . 2012 , and the adjustable interest rate I will pay may change on that day every
l?th month thereafter. "rhe date on which my initial fixed interest rate changes to an adjustable interest rate, and
each date on which my adjustable interest rate could change, is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is
the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made
available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each
Change Date is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
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(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TWO AND THREE QUARTERS percentage points ( 2.750%) to the Current Index.
The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point
(0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate
until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate
in substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate 1 am required to pay at the first Change Date will not be greater than 7.625 % or less
than 3.625 %n. Thereafter, my adjustable interest rate will never be increased or decreased on any single
Change Date by more than two percentage points (2.0°.'x) from the rate of interest 1 have been paying for the
preceding 12 months. My interest rate will never be greater than 11.625%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly
payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an
adjustable interest rate and of any changes in my adjustable interest rate before lino c; fective date of any change.
The notice will include the amount of my monthly payment, any information required by law to be given to me
and also the title and telephone number of a person who will answer any question I may have regarding the
notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any rem-.udies permitted by this
Security Instrument without further notice or demand on Borrower.
2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section A above, Uniform Covenant 18 of the Security Instrument described in Section B1 above shall then cease
to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as
follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
MULTISTATE FIXED/ADJUSTABLE RATE RIDER-ONE YEAR TREASURY-Single Family-Fannie Mae UNIFORM INSTRUMENT
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wi't' "D" PAGE 17 of 18
0T :1.a55?G 19,22 ??
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
f is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to
Lender information required by Lender to evaluate the intended transferee as if a new loan were being
made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired
by the loan assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and
agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated
under the Note and this Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice
of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is
given in accordance with Section 15 within which Borrower must pay all swm secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period Lender may invoke
any remedies permitted by this Security Instrument without further notice or demand on Burrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Fixed/Adjustable Rate Rider.
(Seal)
STEVEN E WESTHAFER Borrower
(Seal)
-Borrower
- (Seal)
-Burrower
- (Seal)
-Borrower
1 Certify this to be recorded
In Cumberland County PA [Sign Original Only]
r' tr"?i4?I ?y?
v, xdtiYa.? :;
Recorder of Deeds
MULTISTATE FIXED/ADJUSTABLE RATE RIDER-ONE YEAR TREASURY-Single Family-Fnnnie Mae UNIFORM INSTRUMENT
FNMA3182 (12/00) Page 3 of 3 FORM 3182 1/01
I3? "D" PACE 18 of 18
rat ?4 •SKI
. LOAN NO.
FIXED/ADJUSTABLE RATE NOTE
(One-Year Treasury Index - Rate Cap)
THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE
INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
FEBRUARY 25 2004 GETTYSBURG PA
J Date] (City)
[Stale)
GLENDALE DRIVE
MECHANICSBURG, PA 17055
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that l have received, I promise to pay U.S. $ 1,400,000.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is
ADAMS COUNTY NATIONAL BANK,
CORPORATION I will make
all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly
rate of 5.625 %. The interest rate I will pay may change in accordance with Secoon 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any
default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payments on the first day of each month beginning on APRIL 1 2005 . I will
make these payments every month until I have paid all of the principal and interest and any other charges described below
that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will he applied to
interest before Principal. If, on MARCH 1 2035 , I still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at
ADAMS COUNTY NATIONAL BANK, PO BOX 3129,GETTYSBURG, PA 17325
or at a different place if required by the Note
Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 8,059.19 This amount may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must
pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance
with Section 4 of this Note.
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of
MARCH , 2012 , and the adjustable interest rate I will pay may change on that day every 12th month
thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my
adjustable interest rate could change, is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly
average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the
Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the
"Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information.
The Note Holder will give me notice of this choice.
MULTISTATE FIXED/ADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Fannie Mae UNIFORM INSTRUMENT FORM 3522 1/01
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FXRTRT 1 °E° PAGE 1 Of 5
LOAN NO.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TWO AND THREE QUARTERS percentage points ( 2.750 %) to the Current Index. The Note
Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the
limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid
principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially
equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 7.625 %:, or less than
3.625%. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by
more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 months. My
interest rate will never be greater than 11.625%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date uwii the amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my inii;al _`_/ed interest rate to an adjustable
interest rate and of any changes in my adjustable interest rate before the effective date of any ciiange. The notice will include
the amount of my monthly payment, any information required by law to be given to me and also the title and telephone
number of a person who will answer any question I may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as
a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate
a payment as a Prepayment if I have not made all the monthly payments due under this Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use
my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the
Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly
payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my
monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial
Prepayment may be offset by an interest rate increase-
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted lin-"o, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitre,-'! mit; and (b) any sums already
collected from me which exceeded permitted limits will be refunded to me. The Note Holder lnay choose to make this refund
by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the
reduction will be treated as a partial Prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar clays after the
date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue
payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediatel•• in full as described
above, the Note Holder will still have the right to do so if 1 am in default at a later tiro,:.
MULTISTATE FIXED/ADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Fnnnie Mne UNIFORM rINSTRUMENT FORM 3522 1/01
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EXFIT'RT'I' "E" PAGE 2 of 5
'LOAN NO.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in fall as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.
Those expenses include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the
Note Holder a notice of my different address.
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will
be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different
address if I am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated .,, keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarar::or, surety or endorser of this
Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a
guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under this Note against each person individually or against all of us together. This means that any one
of us may be required to pay all of the amounts owed under this Note.
10. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date
as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in
this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment
in full of all amounts I owe under this Note. Some of those conditions read as follows:
(A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above,
Uniform Covenant 18 of the Security Instrument shall read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this. Section 18, "Interest in
the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Borrower.
(B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above,
Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and
Uniform Covenant 18 of the Security Instrument shall instead read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section Iu, "Interest in
the Property" means any legal or beneficial interest in the Property, inciudic?., but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment !.-ties contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
MULTISTATE FIXED/ADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Fannie Mae UNIFORM INSTRUMENT FORM 3522 1/01
FNMA3522 (12100) Page 3 or4 Initialls? Initial
EDIT "E" PAGE 3 of 5
LOAN NO.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender
information required by Lender to evaluate the intended transferee as if a new loan were being made to the
transferee; and (b) Lender reasonably determines that Lender's security ?,vill not he impaired by the loan
assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is
acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable jee as a condition to
Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and
agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under
the Note and this Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If
Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
See attached "Addendum to Note for Construction Loan" of even date.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
1??? ?V2?? (Seal)
STEVEN E WESTHAFER (Seal)
-Borrower -Borrower
Social Security Number Social Security Number-..
(Seal) (Seal)
-Borrower -Borrower
Social Security Number Social Security Number
[Sign Original Only]
MULTISTATE FIXED/ADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Fannie Mae UNIFORM INSTRUMENT FORM 3522 1/01
FNMA3522 (12/00) Page 4 of 4 Initial ?w Initial
EXHIB ' "E" PAIGE 4 Of 5
LOAN NO.
Addendum to Note for Construction Loan
This is a construction loan with permanent financing. During the construction term interest only, plus
escrows, if applicable, will be due and payable monthly on the sum of the draws disbursed. The interest
rate on the construction portion of the loan is 5.625 % per annum, which may or may not be the
same as the interest rate contained in the Note.
The construction term shall terminate at the earlier of the completion of construction or the expiration
of TWELVE ( 12 ) months from the date hereof. In the event that construction is
completed prior to the expiration of the construction term, a modification agreement, or similar such
document, may be required to be executed by the Borrower(s). Borrower(s) hereby agree to execute, if
necessary, a modification agreement and pay for the recording of same and provide Adam County National
Bank with an endorsement to the title policy or addendum to the certificate of title evidencing the
recordation of the modification agreement.
At the end of the construction term, regular monthly payments of principal, interest and, if applicable,
escrows for real estate taxes, insurances, etc..., will commence in accordance with the first payment date
shown on the Note.
In the event construction is not completed in the time allotted, Adams County N.,ional Bank reserves
the right to change the interest rate and assess additional fees. Any additional costs, such as recordation of
a modification agreement, title bring down, etc..., will be at the expense of the Borrower(s). Borrower(s)
hereby agree to execute any and all documents, pay associated fees and costs required to effect an interest
rate change.
2, 116t"
Borrower STEVEN E WESTHAF
Borrower
Borrower
Borrower
Addendum to Note for Construction Loan
Laser Forms Inc. (800) 44&3555
LFI #ADA100 M2
M_Tm "E" PACE 5 of 5
Date: April 3, 2009
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Speck information
about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice
explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling
Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this
Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons
with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTI FICACIO'N OBTENGA UNA
TRADUCCIO'N I NMEDIATAMENTE LLAM ANDO EST A AGE NCIA (PEN NSYLVANIA H OUSING FINANCE
AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIB A. PUEDE SE R ELEGIBLE PARA UN PRE'STAMO
POR EL PR OGRAMA L LAMADO " HOMEOWNER'S EMER GENCY M ORTGAGE A SSISTANCE PRO GRAM" EL
CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Steven E. Westhafer
PROPERTY ADDRESS: _ 30 Glendale Drive, Mechanicsburg, PA 17055
LOAN ACCOUNT NO.:
ORIGINAL LENDER: Adams County National Bank
CURRENT LENDER/SERVICER: Adams County National Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
AND
• IF YOU ME ET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PE NNSYLVANIA HO USING
FINANCE AGENCY.
E11IT "F" PAGE 1 Of 4
r
TEMPORARY STAY OF FOR ECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and
attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE . IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP
TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed
at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located
are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice
(see following pages for speck information about the nature of your default.) You have the right to apply for financial assistance
from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at
the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a
foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting
with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE PO STMARK D ATE OF THIS NOTICE AND FILE AN
APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE
SECTION CALLED "TEMPORARY STAY OF FORECLOSURE.
YOU HAVE THE RIGHT TO FILE A HEM AP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE
APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR
APPLICATION IS E VENTUALLY APPROVED AT AN Y TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE
WILL BE STOPPED.
AGENCY AC TION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
30 Glendale Drive, Mechanicsburg, Silver Spring Township Cumberland County PA
1,Y JCIUUU,YLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past
due: _ Monthly payments of $8,059.19 due for February 1, March 1 and April 1, 2009, plus past due charges
of$1 531.26
Other charges (explainlitemize):
TOTAL AMOUNT PAST DUE: $25,708.83
T't' "F" PAIGE 2 of 4
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use f not applicable):
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BYPAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 25.708.83 . PL US ANY MORTGAGE PAYMENTS
AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash,
cashier's check certified check or money order made payable and sent to:
ADAMS COUNTY NATIONAL BANK
PO Box 3129
Gettysburg. PA 17325
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use i not
applicable.)
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the
lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will
be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against
you, you will still be required to pay the reasonable attorneys fees that were actually incurred up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they
exceed $50.00. Arty attorneys fees will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THRTY (30) DAYperiod, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30)
DAYperiod and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to
one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due,
reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as
specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged
property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the
Sheriff's 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 or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
NAME OF LENDER: Adams County National Bank
ADDRESS: P.O. Box 3129, Gettysburg, PA 17325
PHONE NUMBER: (717) 339-5069
FAX NUMBER: (717) 334-1658
CONTACT PERSON: Susan M. Saylor
E-MAIL ADDRESS: ssaylor(a),acnb.com
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or V( may not sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at
the sale and that the other requirements of the mortgage are satisfied.
ExHiBw °F" PAIGE 3 Of 4
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY, CUMBERLAND COUNTY, FRANKLIN COUNTY AND YORK COUNTY
Adams County Interfaith Housing Authority
40 E. High Street
Gettysburg, PA 17325
(717)334-1518
FAX (717) 334-8326
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888-511-2227
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Consumer Credit Counseling Service of Western PA
970 South George Street
York, PA 17403
(717) 846-4176
Housing Council of York
116 North George Street
York, PA 17401
(717) 854-1541
FAX (717) 845-7934
Opportunity Inc.
301 E. Market Street
York, PA 17403
(717) 424-3645
HUD Housing Counseling Program
1-800-569-4287
*Copies also sent to 71 Silver Crown Drive, Mechanicsburg, PA 17050
*Copies also sent first class mail
EX II= "F° PAGE 4 Of 4
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Solicitor
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Jody S Smith
OFFICE OF THE S"ERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
06/08/2009 07:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 8,
2009 at 1915 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Steven E. Westhafer, by making known unto himself personally,
defendant at 71 Silver Crown Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents
and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44 SO ANSWERS,
Iy.,t
June 09, 2009 R THOMAS KLINE, S ERIFF
2009-3521
Adams Co. National Bank
V
Steven Westhafer
I ,'A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff,
VS.
Steven E. Westhafer, and the
United States of America,
Defendants.
No. 09-3521 Civil Tenn
Action in Mortgage Foreclosure
STIPULATION
It is hereby stipulated and agreed by and between counsel for Plaintiff, and Defendant,
United States of America, as follows:
1. That the premises referred to paragraph 8 of the Plaintiff's Complaint are owned by
Defendant, Steven E. Westhafer.
2. That the three Federal tax liens referred to in paragraph 4 of Plaintiff's Complaint in
the amounts of $28,353.51, $9,940.91, and $89,516.58 are junior in time to Plaintiff's mortgage
set forth in paragraph 5 of said Complaint.
3. That Defendant, United States of America, agrees to the entry of a judgment in favor
of Plaintiff in this action.
4. That Defendant, United States of America, is not indebted to Plaintiff.
5. That the aforesaid premises shall be sold at a sheriff's sale, notice of which shall be
served on Defendant, United States of America.
96 .9 wv Z- Kar 6062
6. That the sheriff's sale of said property shall discharge the three Federal Tax Liens
referred to in paragraph 4 of Plaintiff's Complaint.
7. That the proceeds of the sheriff's sale shall be divided and distributed as the parties
may be entitled.
8. That Defendant, United States of America, preserves its right of redemption as
provided in Title 28, United States Code, section 2410.
9. That the parties to this Stipulation shall bear their own respective costs in this
proceeding.
By_
Melissa A. Swauger, Esq.
Assistant U.S. Attorney
Attorneys for Defendant,
United States of America
PUHL, EASTMAN & THRASHER
A.1 h
By.
Edward G. Puhl, Esq.
Attorneys for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
0 714
2009 JUN 15 F ` 1: 2- 8
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff,
VS.
Steven E. Westhafer, and the
United States of America,
Defendants
No. 09-3521 Civil Term
Action in Mortgage Foreclosure
CERTIFICATE OF SERVICE
AND NOW, this day of June, 2009, I, Edward G. Puhl, Esquire, of Puhl,
Eastman & Thrasher, attorney for Plaintiff, Adams County National Bank, hereby certify that
I have this date served the United States Attorney's Office, by mailing the original true copy
first class mail, postage prepaid, to Melissa A. Swauger, Esq., Assistant United States
Attorney, at the address shown below:
United States Attorney's Office
ATTN: Kim Stevens
Federal Building
228 Walnut Street, Suite 220
P.O. Box 11754
Harrisburg, PA 17108-1754
PURL, EASTMAN & THRASHER
By:
Edward G. Puhl, Esquire
Attorney ID# 55709
Attorney for Garnishee
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
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TAR,
OF THE
2009 JUN 15 P 1 8
OCT p 12010
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
ORDER
No. 09-3521 Civil Term
Action of Mortgage Foreclosure
AND NOW, this ~_ day of ~ ~ ~_, 2010, upon consideration
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of Plaintiff s Motion for Postponement of Sheriff s Sale, it is hereby ORDERED that the
request is granted and the Sheriff's Sale of Defendant's real property, known as 39 Glendale
Drive, Mechanicsburg, Pennsylvania, is continued until January 5, 2011. No further
advertising or additional notice to lienholders or the Defendant is required, provided the
:;postponement is announced at the October 6, 2010 Sheriff's Sale.
~~ ~.
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Adams County National Bank,
Plaintiff,
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Defendants.
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/cc: Edward G. Puhl, Esq., 220 Baltimore Street, Gettysburg, PA 17325
/ Steven E. Westhafer, 71 Silver Crown Drive, Mechanicsburg, PA 17055
~/ Steven E. Westhafer, Westhafer Auto Repair, 415 Railroad Ave., Camp Hill, PA »oi t-sbo9
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BY THE COURT:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW C)
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ACNB Bank, formerly known as No. 09-3521 Civil Te C5.
Adams County National Bank,
Plaintiff,
C> -n
vs. `2 o
Steven E. Westhafer, and the Action in Mortgage Foreklosure -r
United States of America,
Defendants.
PRAECIPE
TO THE PROTHONOTARY: sq'ed
Please mark the above-captioned Action in Mortgage Foreclosure as discontinued.
Dated: December 30, 2010
PURL, EASTMAN & THRASHER
Edward G. Puhl, Esquire
Attorney ID Number 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
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