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HomeMy WebLinkAbout09-3829ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 3gay' CIVIL TERM MELVIN E. MOHR and JUDITH R. MOHR, MORTGAGE FORECLOSURE husband and wife, 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 an 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 3 tz 9 CIVIL TERM MORTGAGE FORECLOSURE COMPLAINT NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Melvin E. Mohr, is an adult individual residing at 8 Chestnut Ridge Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The Defendant, Judith R. Mohr, is an adult individual residing at 8 Chestnut Ridge Road, Gardners, Cumberland County, Pennsylvania 17324. 4. By Deed dated August 17, 1992, Gust G. Fourlas, Debra P. Fourlas, Thomas L. Whitcomb, II and Marcy M. Whitcomb, conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Melvin E. Mohr and Judith R. Mohr. This Deed was recorded in the Cumberland County Record Book 35, Page 730, et seq., all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 8 Chestnut Ridge Road, Gardners, Cumberland County, Pennsylvania. 5. On or about April 28, 2006, Melvin E. Mohr and Judith R. Mohr as Mortgagors, made, executed and delivered a written Promissory Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A" and referenced in the mortgage as being 16 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania and 8 Chestnut Ridge Road, Gardners, Cumberland County, Pennsylvania. This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds for Cumberland County on May 1, 2006, at Cumberland County Record Book 1948, Page 2942, et. seq., all of which pages are incorporated herein by reference and made a part hereof. 6. A true and correct copy of the aforesaid Promissory Note is attached hereto and made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". 7. Defendants have defaulted under the terms and conditions of the Mortgage and Promissory Note by failing to make payment for the month of January, 2009, and every month thereafter. 8. Defendants are the present record owners of the premises described in Exhibit "A" and are the real owner of the premises. 9. Plaintiff served Notice of Plaintiff's Intention to Foreclose on the real estate of Defendant and provided Defendant with Notice of Defendant's Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage Assistance Law) via certified mail and certificate of mailing on or about March 5, 2009. 10. Attached hereto and marked as Exhibit "D" are true and correct copies of the combined Act 6 and Act 91 Notice provided to Defendant. 11. Attached hereto and marked Exhibit "E" are true and correct copies of the certified mail receipts and the certificates of mailing for the combined Notice served upon Defendant. 12. Under the terms of the Mortgage and Promissory Note, if any monthly payment of principal and interest is not made when due or any other obligations of the Promissory Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Promissory Note obligations shall become due and payable immediately at the declaration of Mortgagee. 13. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 14. The Promissory Note and Mortgage permit Plaintiff to recover its attorney fees and costs. 15. The following amounts are presently due on the said Mortgage and Promissory Note calculated to May 20, 2009: Principal $161,421.25 Interest to 05/20/09 $ 3,971.84 (per diem of $ ) Late Charges $ 323.08 Attorney fees $ 8.071.05 (set for purposes of this Complaint as 5% of principal debt) TOTAL: $173,787.22 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $173,787.22 plus interest thereafter at the contract per diem from May 20, 2009, and costs, attorney fees and expenses against Defendants, Mortgagors and real owners and seeks foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A" hereto. Respectfully submitted, EN, BARIC & SCI eL, YJ - David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.d it/orrstown ban Wmoh r/complaint. pld The statements in the foregoing Complaint arc based upon information that has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information that I have given to my counsel, they are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities. -? nA Linda K. Mowen Assistant Vice President Loan Workout & Collection Manager Orrstown Bank • S OIa Comb G . M U-Ship of 112 Cweb. Co y ? ?.w+ ?wshr m s? r??ic? n?yT z ?i i+?uw llrMtter m Do - liI1?7 .LEER, air P`Y>?••. Z ??'' 40 Ruoun Y Awxn ? alow am& Co. Wa C?a AGL Coro, a. 04 CA AIL MADE THE //•" day of f?l1d UST in the year at our Lord one thousand nine hundred ninety-two (1992). 1E4WEEK GUST G. FODRLUS and DEBRA P. FODRLAS, of North Middleton Township, Cumberland County, Pennsylvania and THOMAS L. WHITCOMB, II, in his own right, and MARCY M. WHITCOMB, his wife, -of Dickinson Township, Cumberland County, Pennsylvania Grantors, and KELVIN B. MOHR and JUDITH R. MOLAR, his wife, of Dickinson Township, Cumberland County, Pennsylvania, Grantees WITNESSSTH, that in consideration of Forty-five Thousand (840,000.00) Dollars in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns, as tenants by the entireties, ALL that certain tract of land with the improvements therein erected, situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stone and fence by lands formerly of Isaac Camp, South 88 1/2 degrees East 8 perches to a stone; thence by lands formerly of George Slusser, South 74 1/2 degrees Nest 3.7 perches to a stone; thence by lands formerly of James Greenbaum, North 52 1/2 degrees West 8.3 perches to a stone; thence by lands formerly of A. Young, North 54 1/4 degrees East 1.5 perches to the Place of Beginning. CONTAINING 21 perches neat measure, having thereon erected a stonshouse (formerly a schoolhouse) known as 8 Chestnut Ridge Road, Gardners, PA 17324. BEING the same premises which Sarah L. Starner, by deed dated May 11, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book sE", Vol. 30, Page 489, granted and conveyed unto Gust 0. Fourlas and Debra P. Fourlas, his wits. The said Gust G. Fourlas and Debra P. Fourlas sold equitable title to the premises to Thomas L. Whitcomb, II by written Agreement of Sale dated July 12, 1988 and recorded in Cumberland County Miscellaneous Book 351, Page 1178. The said Marcy N. Whitcomb, wife of Thomas L. Whitcomb, IT, executes this dead solel to evidence her -- t t th ithi t i i y n o e w n ransact on. And the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. tiGG 35 Act 730 EXHTETT "A" i IN MUSS WHEREOF, said grantors have hereunto not their hands and seals the day and year first above written. SIGNED, SEALED and DELIVERED -- - in the presence of ?Qwsa a. !'ourlae (SEAL) pp.?-- - (ssALj [SEAL] TRI (SEAL] Y riTc-oai->b '• STATE OF PENNSYLVANIA COUNTY OF RDRA?4 as. On this, the I" day of August, 1997, before me, the undersigned officer, Personally appeared oust G. Footles and •bW*a', P. Fourlae, known to ae (or satisfactorily proven) to be the persona whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. i 4 4N1 ' IN WITNESS NHEREOP, I hereunto set my hand and offic seal. COMMOKWEALTH Cif pENhII ,, ? . . bo-PAItim T of REVENUEYIVA 1 E S g4um 0 Off NWAIML iIK AlAaawle? AL LOM Aim hlae 4WAft Rw1Nr..e.. air emm"m e.w. eft n. ,M! d F y ri N 4 I >. 41w= ? O ly ?r U. Dees T W Ca N R V u v w s W Cm V Cl I Goat V354k 731 4i _ STATE OF PENNSYLVANIA s ' s ss. COUNTY OF CUMBERLAND On this, the 01 day of August, 1991, before me, the undersigned officer, personally appearod Thomas L. Whitcomb, II and Marcie N. Mhitoomb, known to sloe (or satisfactorily proven) to be the persons whose poses are subscribed to the within instrument, and ackpowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official ...... 4 seal. ,le• ' WWK NMNL ?Ea do•ao itro'w?at?rrs??ssmMM n, hN , T e o O a 3 •? .???o? (Ito -1 I do hereby certify that the precise residence and complete p t of as ad ess of a within mood grantee(s) is 8' CAt,$4 wF APL POQa- r 1mrs PI( 1?2-? l Attorney for CONNOWWRALTH OF PENNSYLVANIA jh) _( ,1,•1t COUNTY OF \ ??11 RECORDED on this d?? day of A.D. 192 in the Recorder's (tics of the said county, in Deed Book V , Vol.' , Page. Given under my hand and the seal of the said office, the date above written. Recorder j 100 V35 rg 732 i r I' ............................. .............................wa"'::::vxt:•:.:i :.ti WttK .: ?.:t:'•t.....i:tiv?A ::•?:A?•.?::'References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular.loan or item. Any item above containing " has been omitted due to text lenoth limitations. Borrower: Judith R Mohr (SSN: 230-52-4435) Lender: ORRSTOWN BANK Melvin E Mohr (SSN: 329-44-0643) NORTH MIDDLETON OFFICE 8 Chestnut Ridge Rd 77 EAST KING STREET Gardners, PA 17324 P 0 BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $168,000.00 Date of Note: April 28, 2006 Maturity Date: April 28, 2026 PROMISE TO PAY. Judith R Mohr and Melvin E Mohr ("Borrower") jointly and severally promise to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Sixty-eight Thousand & 00/100 Dollars ($168,000.00), together with Interest on the unpaid principal balance from April 28, 2006, until paid in full. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, subject to any payment changes resulting from changes In the Index, Borrower will pay this ban in accordance with the following payment schedule: 60 monthly consecutive principal and Interest payments in the Initial amount of $1,298.48 each, beginning May 28, 2006, with interest calculated on the unpaid principal balances at an initial discounted interest rate of 7.900% per annum; 179 monthly consecutive principal and Interest payments in the Initial amount of 81,382.98 each, beginning May 28, 2011, with interest calculated on the unpaid principal balances at an interest rate based on the Wall Street Prime (currently 7.750%), plus a margin of 1.000%, resulting In an Initial Interest rate of 8.750%; and one principal crud interest payment of $88,188.22 on April 28, 2026, with interest calculated on the unpaid principal balances at an interest rats based on the Wan Street Prime (currently 7.750%), plus a margin of 1.000%, resulting In an Initial interest rate of 8.750%. This satimated final payment Is based on the assumption that an payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for an principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required b applicable law, payments will be applied first to any accrued unpaid interest; then to principal; than to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 365/360 basis; that Is, by applying-the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this Note will be 7.900%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Wail Street Prime (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 7.750% per annum. The interest rate or rates to be applied to the unpakl principal balance of this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, ICI increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Should Borrower prepay all or any amount of principal during the next five (5) years, the Borrower shall be assessed against the amount prepaid, a five percent (5.00%) prepayment penalty. The assessment percentage shall decrease one percent (1.00%) per annum to par. Lender acknowledges that excepted from this assessment will be principal payments that are generated as a result of operation of the business for which the ban was extended. Specifically not excepted will be any prepayments generated as a result of a refinancing at any other financial institution. Except for the foregoing, Borrower may pay a® or a potion of the amount owed earlier than is due. Early payments will not, unless agreed to by Lender in writing, renew Borrower or Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments.. Except for the foregoing, Borrower may pay all or a portion of the amount owed earner than It is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 4.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this EXHIBIT "B" PROMISSORY NOTE Loan No: 26471319001 (Continued) Page 2 Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve 0 2) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 0 5) days; or (2) if the cure requires more than fifteen 0 5) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against'the other. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated April 28, 2006, to Lender on real property described as "Real Property located at 16 W Pomfret St, Carlisle, PA 17201 " and located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property described as "Real Property located at 16 W Pomfret St, Carlisle, PA 17201 " and located in Cumberland County, Commonwealth of Pennsylvania. (C) a Mortgage dated April 28, 2006, to Lender on real property described as "Real Property located at 16 West Pomfret Street, Carlisle, Pa. 17013 and 8 Chestnut Ridge Rd, Gardners, PA 17324" and located in Cumberland County, Commonwealth of Pennsylvania. (D) an Assignment of All Rents to Lender on real property described as "Real Property located at 16 West Pomfret Street, Carlisle, Pa. 17013 and 8 Chestnut Ridge Rd, Gardners, PA 17324" and located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial information, required by the Lender's Original Commitment Letter to the Borrower, on an annual basis. If the Lender does not receive the required financial information within two hundred seventy (270) days of the Borrower's fiscal year end, the Lender has the right to increase the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender increasing the interest rate charged on this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: ORRSTOWN BANK, NORTH MIDDLETON OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times PROMISSORY NOTE Loan No: 26471319001 (Continued) Page 3 the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (a) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER i• . ISeaq I ohr .......::. Malvi E ohr LASER PRO Lending, V«. 6.30.00.004 top. H114nd Finncis! Sonic- Inc. 1997, 2005. AN Rights R4Fxwd. • PA cAUMPLID70.FC TR•12731 PR.1 Parcel Identification Number: RECORDATION REQUESTED BY: ORRSTOWN BANK NORTH MIDDLETON OFFICE 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 :i ??66 I?i?Y 1 A(? 10 Ol WHEN RECORDED MAIL TO: ORRSTOWN BANK NORTH MIDDLETON OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSSURG, PA 17257 SEND TAX NOTICES TO: ORRSTOWN BANK NORTH MIDDLETON OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG,PA 17257 R RECORDER'S E ONLY MORTGAGE Amount ?ee? ad Hereby: $168,000.00 THIS MORTGAGE dated April 28, 2006, is made and executed between Melvin E Mohr and Judith R Mohr, whose address Is 8 Chestnut Ridge Rd, Gardners, PA 17324-8064 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lander"). GRANT OF MORTGAGE, for valuable consideration. Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and nwtgaggs to Lender all of Grantor's right, title, and Interest in and to the following described real property, together wit xisting or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatl to the real roperty, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") Pottated In Cumberland County, Commonwealth of Pennsylvania: See Attached The Real Property or its address is commonly known as 16 West Pomfret Street, Carlisle, Pa. 17013 and 8 Chestnut Ridge Rd, Gardners, PA 17324. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation parry or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and Interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $188,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and EXHI$TT'^C11 BK 1948FIG2942 MORTGAGE (Continued) Page 2 acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and lb) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and Its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A 'sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasshokf interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (end in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (151 days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended 91948PG2943 MORTGAGE (Continued) Page 3 coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten 110) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Rood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the ban and any prior liens on the property securing the ban, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lander, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lander may make proof of loss if Grantor, fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within ISO days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title.. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, 8K 1948PG2944 MORTGAGE (Continued) Page 4 documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: 11) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; 12) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; 13) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of Its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Larder agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Copateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver tar any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Procesdings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shell not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and BK 1948PG2945 MORTGAGE (Continued) Page 5 Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shell not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change, A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 115) days; or (2) if the cure requires more than fifteen 115) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lander may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lander, then Grantor irrevocably authorizes Lender to endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Reel Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. WWt 1948PG2946 MORTGAGE (Continued) Page 6 Attorneys' Fees; Expenses. It Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there Is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of not operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shell not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. SevsraMlity. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the, Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall Include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Judith R Mohr and Melvin E Mohr and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9801, at seq. I"CERCLA"1, the Superfund Amendments and Reauthorization Act of 1988, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 8901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Melvin E Mohr and Judith R Mohr. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Vol( [948PG2947 MORTGAGE (Continued) Page 7 Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances' also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. Lander. The word "Lender" means ORRSTOWN BANK, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated April 28, 2006, in the original principal amount of $168,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is April 28, 2026. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT A SEALED INSTRUMENT ACCORDING TO LAW. TOR: Malvi o X ?" '? lSedl R MoM ' ??- Sig?neknowledged and delivered in the presence of: Witness X Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows: NORTH MIDDLETON OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHH j BURG, PA 17257 tomey or Agent for Mortgagee N1948PG2948 ,rl,t MORTGAGE (Continued) Page 8 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) / I SS COUNTY OF CiGl/1 ,/1'?'L _ bW(ll,np7 I i / On this, th ?X day of 20 jz_, before me l m Q 50? the underalgned otary Public, personally appeared Melvin E Mohr and Judith R Mohr, known o me (or satisfactorily proven) to be the person whose names ar"ubscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contai 6d. In witness whereof, I hereunto set my hand and official seal. Notary ublic in and for the State of wen nq lr?k^Y. W. O.]O.OJ.001 raP. NVIM r ?eY 9W,Mn4 Mu. ell, x101. 411Mn llwr.y. . r? a:ICrI1VUW].PC 1R1i1l, Ml. i Notarial Seal Lisa M. treason, Notary Public Carlisle Boro, Cumberland county My Commission Expires Sept 9, 2006 Member, Pennsylvania Association Of Noharies b ?? v ' } . 1 i BK 1948PG2949 LEGAL DESCRIPTION 16 W. POMFRET STREET CARLISLE, PA 17013 TAX PARCEL # 04-21-0320-208 ALL THAT CERTAIN lot of land with dwelling thereon known and designated as No. 16 West Pomfret Street in the Borough of Carlisle, Cumberland county, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of West Pomfret Street 94.2 feet West of the intersection of the West side of South Hanover Street and the South side of West Pomfret Street, which point is at the corner of the lot of land of Martha B. Lenton, formerly of Samuel C. Hertzler; thence Southerly along the line of said Lenton land 60 feet to the property formerly of the Mrs. E. C. Beetem Estate, now or formerly of Dennis B. Gotthard; thence Westerly along the line of land of said Gotthard 36 feet, more or less, (stated as 33 feet, more or less, in prior deed) to the property formerly of Harry B. Sipe and wife, now or formerly of William L. Huganir and Majorie C. Huganir, his wife; thence Northerly along the line of said Huganir land, 60 feet, more or less, to the Southern side of West,Pomfret Street; thence Easterly along the Southern side of said Pomfret Street 36 feet, more or less (stated as 33 feet, more or less, in prior deed), to the aforesaid property of Martha B. Lenton, the place of BEGINNING. ?f C?_ C, J1 .y. .: cler of Deeds I 94gPG2950 wPsR,c Judith R. Mohr Melvin E. Mohr 8 Chestnut Ridge Road Gardners, Pa. 17324 ?Ub? /3c7o pave ?y?? 436 Oiuts?rowrr BANK A Tradition of Excellence C(OPY April 20, 2009 Return Receipt Requested and Regular U. S. Mail 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. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour 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 servina Your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housma Finance Agency toll free at 1-800-U2-2397. (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. EXHIBIT "D" P.O. Box 250 • Shippensburg, PA 17257 • 717.530.3530 • 717.532.4143 fax LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Judith R. Mohr Melvin E. Mohr PROPERTY ADDRESS: 8 Chestnut Ridge Road Gardners. Pa. 17324 LOAN ACCT. NO.: 26471319001 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS 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: CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - 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 fVY'1 10 wI'Mw.I Tul-- L1CV9P /AA• ? . \iw ?.? _..- - - -- - - -- - - - - - - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR 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 specific 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 YOUR APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE 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 "TEMPORARILY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP ALLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - 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 (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 8 Chestnut Ridge Road, Gardners, Pa 17324 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: January 28th--$ 698.48, February 28th--$ 1.298 48 and March 28th--$1,298.48. Other charges (explain/itemize): LATE CHARGES-$ 258.16 TOTAL AMOUNT PAST DUE: 3,563.60 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: NIA HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,553.60 PLUS 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: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A 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 mortnape 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 mortgage 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 attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's 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 THIRTY (30) DAY period 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) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs 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 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: P.O Box 250.77 East Kina Street Ship pensbura. PA 17257 Phone Number: (717) 709-3029 Fax Number: (717) 709-3091 Contact Person: Bets y J Smith E-Mail Address: bsmith(caorrstown coin EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 X 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: 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 THOE 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 DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, BETSY J. SMITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 of Capital Region Loveship, Inc. 2320 North 5th Street Harrisburg, Pa. 17110 717-232-2207 Marantha 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 Base, Inc. 447 South Prince Street Lancaster, Pa. 17603 (717)-392-5467 Opportunity Inc. 301 East Market Street York, Pa. 17403 (717)-424-3645 PHFA 211 North Front Street Harrisburg, Pa. 17110 (717) 780-3940 or 800-342-2397 Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western Pa. Colonial Shopping Center 970 S. George Street York, Pa. 17403 (888)-511-2227 American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, Pa. 17331 (717) 637-3768 CCCS of Northeastern Pa. 202 W. Hamilton Avenue State College, Pa. 16801 (814) 238-3668 or 800-922-9537 Housing Alliance of York 35 South Duke Street York, Pa. 17401 (717)-854-1541 N 6? ? r0 m d ? . N l0 tE W m N sz? na O U H R U? '3 ui O NF IL L?W nay eaRtrlCS E / ^1 -N o 2 ?a E 4259Z03'`: A?9 21 2009 1?IIAILED FRO' ZIP DE 1 325 7 Ir.I I ?.? ICI I° N d l? en ? a O ? r o N a i i ai? Icn 0 1a : : LL. U. dJ = 0. o :in 8 i b SZE9 92fiZ 1000 DOET 900L tP0P0 , o a° H I@ 02 1M 0 1 o 0 0004259703 APR 1CMAILED FROM ZIPCOI 0 O O It I K E Z I: woo 4 O OWLL t J ? ,IJ - H OHO Mah zQw O "%! lYZJ uM z ? ? w t v^ a o n H 'd to --T O N H U III Ln r- m x -? ru ? M1 rq C3 O C3 O ?r O _ m r-q CC) 0 M1 3?a O 04 cn a? H b 0 04 QI '1? d N H z 00 0 n x 0 7 ?O? W?v ? a O Z N -8.4 EXHIBIT "E" OF THR" 2009 juq 1 fl All 11: 3.7 Cif h r , i.?,y I-.hf., ,< -A n lE r L! Ve ?wi l t??R Ltitt?;P•1 78 Sv Pd ?qy -? ;? Sheriffs Office of Cumberland County R Thomas Kline ? str of cumbrr'4 Edward L Schorpp Sheri' Solicitor A Ronny R Anderson 451t? Jody S Smith Chief Deputy OFYCE OF TK SAERiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06112/2009 03:17 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2009 at 1517 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Melvin E. Mohr, by making known unto himself personally, defendant at 8 Chestnut Ridge Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/12/2009 03:17 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2009 at 1517 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Judith R. Mohr, by making known unto herself personally, defendant at 8 Chestnut Ridge Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.34 SO ANSWERS, June 15, 2009 R THOMAS KLINE, SHERIFF Deputy/Sheriff 2009-3829 Orrstown Bank v Melvin Mohr n C - r ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3829 CIVIL TERM MORTGAGE FORECLOSURE 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 amended complaint and notice are served, by entering a written appearance personally or by an 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3829 CIVIL TERM MORTGAGE FORECLOSURE AMENDED COMPLAINT NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Melvin E. Mohr, is an adult individual residing at 8 Chestnut Ridge Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The Defendant, Judith R. Mohr, is an adult individual residing at 8 Chestnut Ridge Road, Gardners, Cumberland County, Pennsylvania 17324. 4. By Deed dated August 17, 1992, Gust G. Fourlas, Debra P. Fourlas, Thomas L. Whitcomb, II and Marcy M. Whitcomb, conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Melvin E. Mohr and Judith R. Mohr. This Deed was recorded in the Cumberland County Record Book 35, Page 730, et seq., all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 8 Chestnut Ridge Road, Gardners, Cumberland County, Pennsylvania. 5. By Deed dated April 28, 2006, Marlin L. Gibb, conveyed the premises described in Exhibit `B", attached hereto and made a part hereof, to Melvin E. Mohr and Judith R. Mohr. This Deed was recorded in the Cumberland County Record Book 274, Page 1284, et seq., all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 16 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. 6. On or about April 28, 2006, Melvin E. Mohr and Judith R. Mohr as Mortgagors, made, executed and delivered a written Promissory Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibits "A" and "B" and referenced in the mortgage as being 16 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania and 8 Chestnut Ridge Road, Gardners, Cumberland County, Pennsylvania. This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds for Cumberland County on May 1, 2006, at Cumberland County Record Book 1948, Page 2942, et. seq., all of which pages are incorporated herein by reference and made a part hereof. 7. A true and correct copy of the aforesaid Promissory Note is attached hereto and made a part hereof as Exhibit "C". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "D". 8. Defendants have defaulted under the terms and conditions of the Mortgage and Promissory Note by failing to make payment for the month of January, 2009, and every month thereafter. 9. Defendants are the present record owners of the premises described in Exhibits "A" and " B"and are the real owner of the premises. 10. Plaintiff served Notice of Plaintiff s Intention to Foreclose on the real estate of Defendant and provided Defendant with Notice of Defendant's Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage Assistance Law) via certified mail and certificate of mailing on or about March 5, 2009. 11. Attached hereto and marked as Exhibit "B" are true and correct copies of the combined Act 6 and Act 91 Notice provided to Defendant. 12. Attached hereto and marked Exhibit "F" are true and correct copies of the certified mail receipts and the certificates of mailing for the combined Notice served upon Defendant. 13. Under the terms of the Mortgage and Promissory Note, if any monthly payment of principal and interest is not made when due or any other obligations of the Promissory Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Promissory Note obligations shall become due and payable immediately at the declaration of Mortgagee. 14. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 15. The Promissory Note and Mortgage permit Plaintiff to recover its attorney fees and costs. 16. The following amounts are presently due on the said Mortgage and Promissory Note calculated to May 20, 2009: Principal $161,421.25 Interest to 05/20/09 $ 3,971.84 (per diem of $35.40) Late Charges $ 323.08 Attorney fees $ 8.071.05 (set for purposes of this Complaint as 5% of principal debt) TOTAL: $173,787.22 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $173,787.22 plus interest thereafter at the contract per diem from May 20, 2009, and costs, attorney fees and expenses against Defendants, Mortgagors and real owners and seeks foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A" hereto. Respectfully submitted, Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbank/mohr/amendedcomplaint.pld ijavia A. tSanc, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. David A. Baric, Esquire DATED: June 18, 2009 '. s • S Mat Cumb. Co., PI Tavnth c ?CoI Pa 7:f '9 y ?? 'L Aa" or IM X `+tos? ft;M.e 1tsaNa1h, D,• ..? :---f"'" THIS .DEED, D.ta P =-V_ AZ 2..2s z Raoun M z wow RNun P. zwelat Cum0. Co. Dj@L? Col..?AOL CwM. O L 04R O&A% MADE THE /Wy!•'• day of f1Ud•?ST in the year of our Lord one thousand nine hundred ninety-two (1992). BETWEEN GUST G. FOURLAS and DEBRA P. FOURLAS, of North Middleton Township, Cumberland County, Pennsylvania and THOMAS L. WHITCOMB, II, in his own right, and MARCY M. WHITCOMB, his wife, -of Dickinson Township, Cumberland County, Pennsylvania Grantors, and KELVIN E. MOHR and JUDITH R. KOHR, his wife, of Dickinson Township, Cumberland County, Pennsylvania, Grantees WITHESSETH, that in consideration of Forty-five Thousand ($45,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns, as tenants by the entireties, ALL that certain tract of land with the improvements therein erected, situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stone and fence by lands formerly of Isaac Camp, South 58 1/2 degrees East 8 parches to a stone; thence by lands formerly of George Slusser, South 34 1/1 degrees West 3.7 parches to a stone; thence by lands formerly of James Greenbaum, North 52 1/2 degrees West 8.3 perches to a stone; thence by lands formerly of A. Young, North 54 1/4 degrees East 1.5 perches to the Place of Beginning. CONTAINING 21 parches neat measure, having thereon erected a stonehouse (formerly a schoolhouse) known as 8 Chestnut Ridge Road, Gardners, PA 17324. BEING the same promises which Sarah L. Starner, by deed dated May 11, 1983 and recorded in the Office of the Recorder of Deeds in and tar Cumberland County in Deed Book "E", Vol. 30, Page 189, granted and conveyed unto Gust 0. Fourlas and Debra P. Fourlas, his wire. The said Gust G. Fourla¦ and Debra P. Fourlas sold equitable title to the premises to Thomas L. Whitcomb, II by written Agreement of Sale dated July 12, 1988 and recorded in Cumberland County Miscellaneous Book 351, Page 1178. The said Marcy M. Whitcomb, wife of Thomas L. Whitcomb, II, executes this deed solely to evidence bar consent to the within transacti i i • sI • f! i on. ?. And the said grantors hereby covenant and agree that they . will warrant specially the property hereby conveyed. orrG35 rice 730 EXHIBTT "A" S i i i :i 3 IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED and DELIVERED in the presence of G, Fonrlas (SEAL) / • (SEAL] us or e. Fourlas / (SEAL] to?ye P com I N [SEAT"] cY W comb STATE OF PENNSYLVANIA COUNTY OF FOAM = as. On this, the /" day of August, 1992, before me, the undersigned officer, personally appeared oust G. Fourlas and •bebta'+ P. Fourlas, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, Y hereunto set my hand and offic, seal. COMMONWEALTH OF PF ?? ?.? „ E wP AEPA.TMEhIT OF REVENUE SYMA RFAIEY t/I ` ?v ,?,; TiiANSPEP APOtr@ j R 5 Q. Q Q_ T. o O car TAJ< R0.n.6? ? ?? MOTAR4IL PAA&w LAUAQAN A< LANK V" inkr 1=% AAm Co. t:7 A4 a-ww" UPIM ew I& it" d ,.4 N t.Uj= p 41 ? V 4. 4 -n p p 4 S W R g N 7L' U8 CD 41 O W Q' U ce .Y or. V al V35 nicE .731 STATE OF PENNSYLVANIA i ' s ss. COUNTY OF CUMBERLAND s On this, the #17 day of August, 1992, before me, the undersigned officer, personally appeared Thomas L. Whitcomb, II and Marcie M. Whitcomb, known to on (or satisfactorily proven) to be the persons whose {lames are subscribed to the within instrument, and ackpowladged that they executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. yam; xorsa?L ueL ,,,. owl L. CC" UOTAMY NUX MT. MLY MUM. NUMMAND DO. W cuumm apN1?ES 6CI Q 1sN Title o O cs %,; I do hereby certify that the precise residence and complete p t ofPce aT aril of the within named grantee(s) is Ch44} 1 k h(Wdgt Koad 1r?+iurs Pit /73 ay Augu t 92 Attorney for tj Aft-0 COMMONWEALTH OF PENNSYLVANIA . (? OtN _X( ? s as. COUNTY OF ` e?y ,p RECORDED on this 1 i day of rlJ? A.D. 19 q Z„ in the Recorder's ffiee of the said County, in Deed Book V , Vol. ? , Page ?k3 . Given under my hand and the seal of the said office, the date above written. ' v S?Dev , Racorder j AO? V 35 PAGE 732 i i• %g • i? NAM CA BETWEEN Pennsylvania, Tax Parcel # 0421-0320-208 6?? geew this day of a ---11 tA ( , 2006, MARLIN L. GIBB, married man, of Carlisle, Cumberland County, "GRANTOR", AND MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, of Boiling Springs, Cumberland County, Pennsylvania, "GRANTEES", WITNESSETH, that in consideration of the sum of Two Hundred Ten Thousand and 00/100 ($210,000.00) Dollars, In hand paid, the receipt whereof is hereby acknowledged, the said GRANTOR does hereby grant and convey in fee simple to said GRANTEES, their heirs and assigns, as tenants by the entireties, ALL THAT CERTAIN lot of land with dwelling thereon known and designated as No. 16 West Pomfret Street in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of West Pomfret Street 94.2 feet West of the intersection of the West side of South Hanover Street and the South side of West Pomfret Street, which point is at the comer of the lot of land now or formerly of Martha B. Lenton, formerly of Samuel C. Hertzler; thence Southerly along the line of said Lenton land 60 feet to the property formerly of the Mrs. E. C. Beetem Estate, now or. formerly of Dennis B. Gotthard; thence Westerly along the line of land of said Gotthard 36 feet, more or less, (stated as 33 feet, more or less, in prior deed); to the property formerly of Harry B. Sipe and wife, now or formerly of William L. Huganir and Majorie C. Huganir, his wife; thence Northerly along the line of said Huganir land, 60 feet, more or less, to the Southern side of West Pomfret Street; thence Easterly along the Southern side of said Pomfret Street 36 feet, more or less, (stated as 33 feet, more or less, in prior deed), to the aforesaid property of Martha B. Lenton; the Place of BEGINNING. eccx 274 813=84 EXHIBIT "B" BEING the same premises which James Line and Catherine S. Line, his w fe, by Deed dated July 29, 1988 and recorded July 29, 1988 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 33-M Page 322, granted and conveyed unto Marlin L. Gibb, grantor herein. Nancy Gibb joins herein to convey any interest she may have in the subject premises by virtue of her marriage to Marlin L. Gibb, grantor here. AND the said GRANTOR hereby covenants and agrees that he will warrant the easternmost 33 feet, more or less, of the property hereby conveyed and will not warrant the western 3 feet thereof. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. Witness: Marlin L. AA-" a2" Mdvl- I'v"ai an ibb COMMONWEALTH OF PENNSYLVANIA :at• COUNTY OF CUMBERLAND ?- 4ne y On this thep?V day of 06, before me, the undersigned officer, personally appeareMarlin L. Gibb sown to me (or satisfactorily proven to be the persor6whose nam6'afsubscribed to the within instrument, and acknowledged thatahef xecuted same for the purposes therein contained. WITNESS my hand and official seal the day and ear above written. Uy7.vppi r UM it Q1'BB9M ?y Pd* (SE=AL) Notary Public WNW SOW loot 2 !!?? f °+ 812©5 1an 0 W rt *91ae F SWL 9, p ? ? ? y I hereby certify that the precise ' enee and comg)ete post oMg O dress of the within named Grantee is d7-L-j Ai , 2006 Attorney for Grantee Cueberlud Couotr Warder of Deeds Intrwout Filins IKeiPtl 601632 ., ... ?`,e recorded. Coulzty'PA Recorcler of Deeds Isstrl2006-014168 5/01/2006 10:07:43 Rmrks: BAF.A9811 L N OFFIM Nu Ma TV" MT 11.50 NO - ITT 5TA1E .50 2100.0 0 CARLISLE AREA 1050.00 CARI.ISL.E 8 1050.00 DEED - AM 11.50 J.C.S. / A.T.J. 19.00 C0 IiI'ROUEiW F" 2.00 REC. IIIPMW FM 3.00 Checkl 3430 #11488.50 Meckl 3923 $2,100.00 Checkl 3924 $11059.00 Totil Received....... $4,238.50 Odox 274 PaIEJ86 r r rvrrnvvvr r r rev r a. ----_ ........................... ................._..,, .x. ,,, :.,:,•::... ..•,..•arwex: •?raer::---:;rx :- - -----ca:?&1.x References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular,loan or item. Any item above containing "** *" has been omitted due to text length limitations. Borrower: Judith R Mohr (SSN: 230-52-4435) Lender: ORRSTOWN BANK Melvin E Mohr (SSN: 329-44.0643) NORTH MIDDLETON OFFICE 8 Chestnut Ridge Rd 77 EAST KING STREET Gardners, PA 17324 P 0 BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $168,000.00 Date of Note: April 28, 2006 Maturity Date: April 28, 2026 PROMISE TO PAY. Judith R Mohr and Melvin E Mohr ("Borrower") jointly and severally promise to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Sixty-eight Thousand & 001100 Dollars ($168,000.00), together with interest on the unpaid principal balance from April 28, 2006, until paid in full. PAYMENT. Borrower will pay this loan In full Immediately upon Lender's demand. If no demand is made, subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and Interest payments in the initial amount of $1,298.48 each, beginning May 28, 2006, with interest calculated on the unpaid principal balances at an initial discounted interest rate of 7.900% per annum; 179 monthly consecutive principal and Interest payments In the Initial amount of $1,382.98 each, beginning May 28, 2011, with interest calculated on the unpaid principal balances at an interest rate based on the Wall Street Prime (currently 7.750%), plus a margin of 1.000%, resulting In an initial interest rate of 8.750%; and one principal and interest .payment of $68,188.22 on April 28, 2026, with Interest calculated on the unpaid principal balances at an interest rate based on the Wall Street Prime (currently 7.750%), plus a margin of 1.000%, resulting In an Initial interest rate of 8.750%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this Note will be 7.900%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Wall Street Prime (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request, The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 7.750% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Should Borrower prepay all or any amount of principal during the next five (5) years, the Borrower shall be assessed against the amount prepaid, a five percent (5.00%) prepayments penalty. The assessment percentage shall decrease one percent (1.00%) per annum to par. Lender acknowledges that excepted from this assessment will be principal payments that are generated as a result of operation of the business for which the loan was extended. Specifically not excepted will be any prepayments generated as a result of a refinancing at any other financial Institution. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower or Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result In Borrower making fewer payments. . Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lander. All written communications concerning disputed amounts, Including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 4.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this EXHIBIT "C" PROMISSORY NOTE Loan No: 26471319001 (Continued) Page 2 Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 05) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against'the other. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated April 28, 2006, to Lender on real property described as "Real Property located at 16 W Pomfret St, Carlisle, PA 17201" and located in Cumberland County, Commonwealth of Pennsylvania. (8) an Assignment of All Rents to Lender on real property described as "Real Property located at 16 W Pomfret St, Carlisle, PA 17201 " and located in Cumberland County, Commonwealth of Pennsylvania. (C) a Mortgage dated April 28, 2006, to Lender on real property described as "Real Property located at 16 West Pomfret Street, Carlisle, Pa. 17013 and 8 Chestnut Ridge Rd, Gardners, PA 17324" and located in Cumberland County, Commonwealth of Pennsylvania. (D) an Assignment of All Rents to Lender on real property described as "Real Property located at 16 West Pomfret Street, Carlisle, Pa. 17013 and 8 Chestnut Ridge Rd, Gardners, PA 17324" and located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial information, required by the Lender's Original Commitment Letter to the Borrower, on an annual basis. If the Lender does not receive the required financial information within two hundred seventy (270) days of the Borrower's fiscal year end, the Lender has the right to increase the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) clays prior to the Lender increasing the interest rate charged on this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuraay(ies) should be sent to us at the following address: ORRSTOWN BANK, NORTH MIDDLETON OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times PROMISSORY NOTE Loan No: 26471319001 (Continued) Page 3 the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT 'R JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWEF./l Seal) it ohr ... _ ...:.:.:::.:...:: ?.;::..;:::::.:>;::: •:::.: !Seal) Melvi E ohr Lwen PRO !MEMO. V., 5.30.00.001 Cep. NuMnd F , W SOWN—. Me. 1997. 2009. All Rights R?Nrwd. - PA CACPRLPL1020.PC TA- 12731 PR-I Parcel Identification Number: RECORDATION REQUESTED BY: ORRSTOWN BANK NORTH MIDDLETON OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG. PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK NORTH MIDDLETON OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 F066 fly 1 Aft 10 01 SEND TAX NOTICES TO: ORRSTOWN BANK NORTH MIDDLETON OFFICE 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 FOR RECORDER'11 USE ONLY MORTGAGE AmouAi es ad Hereby: $168,000.00 THIS MORTGAGE dated April 28, 2006, is made and executed between Melvin E Mohr and Judith R Mohr, whose address is 8 Chestnut Ridge Rd, Gardners, PA 173214-9064 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, convoys, assigns, transfers, releases, confirms and rtgages to Lender all of Grantor's right, title, and Interest In and to the following described real property, together wit xisting or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter; and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Cumberland County, Commonwealth of Pennsylvania: See Attached The Real Property or its address is commonly known as 16 West Pomfret Street, Carlisle, Pa. 17013 and 8 Chestnut Ridge Rd, Gardners, PA 17324. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lander against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest In and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents, THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (e) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF !188,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and EXHIBTT "b7n BKI948PG2942 MORTGAGE (Continued) Page 2 acknowledged by Lender in writing, ('a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and Its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Larder's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lenders sole opinion, Lender's interests In the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any Interest in the Real Property. A "sale or transfer" means the conveyance of Reel Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the ;Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended IKI948PG2943 MORTGAGE (Continued) Page 3 coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real cl use in fin an avor of Lander. Grantor shall) also procure and maintain comprehensive general with l ability ainndard surance mortgages such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally. Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lander may require. Policies shall be written by such Insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lander certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall Include an endorsement providing that coverage in favor of Lender will not be Impaired in any way by any act, omission or default of Grantor or any 'other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lander that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor, fails to do so within fifteen 05) days of the casualty. Whether or not Lender's security is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lion affecting the Property, or the restoration and repair of the Property. If Lander elects to apply the proceeds to restoration and repair, Grantor shall repair or replace. the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (8) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's Maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title.. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and lb) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify tender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lander, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lander for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, 8KI948PG2944 MORTGAGE (Continued) Page 4 documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Mortgage, this event shall have the some effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which Information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) ere as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Coltateralization. This Mortgage or any of the Related Documents ceases to be an full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and BK 1948PG2945 MORTGAGE (Continued) Page 5 Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation parry of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Propertypreceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale, Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. BK ! 948PG2946 t: MORTGAGE (Continued) Page 6 Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable low, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses foe bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed tthe addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any parry may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other then Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lander. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, Invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceab(lity of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the, Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: . Borrower. The word "Borrower" means Judith R Mohr and Melvin E Mohr and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Supertund Amendments and Reauthorization Act of 1966, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 8901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Melvin E Mohr and Judith R Mohr. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. B? 1948PG294 7 MORTGAGE (Continued) Page 7 Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with Interest on such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated April 28, 2006, in the original principal amount of $168,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is April 28, 2026. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property- The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums), from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT A SEALED INSTRUMENT ACCORDING TO LAW. TOR: X' Seal ( 1 Msivi o T iSeali Signed knowledged and delivered in the presence of: Witness X Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows: NORTH MIDDLETON OFFICE, 77 EAST KING STREET, P O BOX 250, SH7EN BURG, PA 17257 torney or Agent for Mortgagee N 1948PG2948 I till MORTGAGE (Continued) Page 8 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA I COUNTY OF I SS I On this, th ?X day of 20_, before me 1 LSXI R, A Sd? the unders igned Notary Public, personally appeared Melvin Mohr and Judith Mohr, known o me (or satisfactorily proven) to e the person whose names ar"ubscribed to in e within instrument, and acknowledged that they executed the same for the purposes therein contai dd. In witness whereof, I hereunto set my hand and official seal. Notary Public in and for the State of uses rso uw*a v.. s.w.mow uw• re,we 1. .: s.m?.,., M...»?. tae. u syv. s.x:.w. . ra .nemusww.re m.,xm: ea.: Notarial Seal Lisa M. Greason, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept 9, 2006 Member, Pennsylvania Association Of Notaries BK 1948PG2949 LEGAL DESCRIPTION 16 W. POMFRET STREET CARLISLE, PA 17013 TAX PARCEL # 04-21-0320-208 ALL THAT CERTAIN lot of land with dwelling thereon known and designated as No. 16 West Pomfret Street in the Borough of Carlisle, Cumberland county, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of West Pomfret Street 94.2 feet West of the intersection of the West side of South Hanover Street and the South side of West Pomfret Street, which point is at the corner of the lot of land of Martha B. Lenton, formerly of Samuel C. Hertzler; thence Southerly along the line of said Lenton land 60 feet to the property formerly of the Mrs. E. C. Beetem Estate, now or formerly of Dennis B. Gotthard; thence Westerly along the line of land of said Gotthard 36 feet, more or less, (stated as 33 feet, more or less, in prior deed) to the property formerly of Harry B. Sipe and wife, now or formerly of William L. Huganir and Majorie C. Huganir, his wife; thence Northerly along the line of said Huganir land, 60 feet, more or less, to the Southern side of West,Pomfret Street; thence Easterly along the Southern side of said Pomfret Street 36 feet, more or less (stated as 33 feet, more or less, in prior deed), to the aforesaid property of Martha B. Lenton, the place of BEGINNING. -C,-0-c-Jer of Deeds 8K 1948PG29Sa 441111? Judith R. Mohr Melvin E. Mohr 8 Chestnut Ridge Road Gardners, Pa. 17324 7Go / 3CJo C9ao 7?/.7 /a 436 Oiuts?rowrr BANK A Tradition of Excellence C (D RD) April 20, 2009 Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached Daaes. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM HEMAP may be able to help to save your home This Notice explains how the pro 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 gugstions, 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. EXHIBIT ""r P.O. Box 250 • Shippensburg, PA 17257 IN 717.530.3530 • 717.532.4143 fax LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Judith R. Mohr Melvin E. Mohr 8 Chestnut Ridge Road Gardners. Pa. 17324 LOAN ACCT. NO.: 26471319001 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK 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 MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - 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 THE NEXT (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. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 specific 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 YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE 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 "TEMPORARILY STAY OF FORECLOSURE". us. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUR E ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - 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 Brin it u to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 8 Chestnut Ridsle Road. Gardners. Pa 17324 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: January 28th--$ 698 48 February 28th -$ 1.298-48 and March 28th--$ 1.298.48 Other charges (explain/itemize): LATE CHARGES--$ 258.16 TOTAL AMOUNT PAST DUE: 3 553.60 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $_3,553.60 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa ments must be made either b cash, cashier's check certified check or mono order made payable and sent to. ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A 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 ri hts to accelerate the morta e 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 mortaaae 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 attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's 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 THIRTY (30) DAY Period. you will not by rannir-A #- 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) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv temp i in +r% nne h,..._ - -•• •-•• • w ?? ?? ??? wCi ana D errormin an other a uirements 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 Sheriff's Sale of the mortgaged property could be held would be a 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale willlbeesent 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: ^""' F.v. Box 250 77 East Kin Street Pone Nu Shi (7171 ensbur PA 17257 709-3029 Fax Number (717) 709-3091 Contact Person Bets y J Smith EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding 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: 0 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 THOE 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 DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, BETSY J. SMITH, COLLECTION DEPT. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, Pa. 17110 717-232-2207 Marantha 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Base, Inc. 447 South Prince Street Lancaster, Pa. 17603 (717)-392-5467 Opportunity Inc. 301 East Market Street York, Pa. 17403 (717)-424-3645 of Capital Region PHFA 211 North Front Street Harrisburg, Pa. 17110 (717) 780-3940 or 800-342-2397 Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western Pa. Colonial Shopping Center 970 S. George Street York, Pa. 17403 (888)-511-2227 American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, Pa. 17331 (717) 637-3768 CCCS of Northeastern Pa. 202 W. Hamilton Avenue State College, Pa. 16801 (814) 238-3668 or 800-922-9537 Housing Alliance of York 35 South Duke Street York, Pa. 17401 (717)-854-1541 i V d V u® G ?W RIM zQ C j?l of C C J.j I C HOW Y ?W `o$ E u? E 9.9 eF U. vex' A'' d i L±j N 0 o E9 92h TOOO OUT 90N. Ln ----? m .n ru O O O G G cc G 0 r%- O n kn N t?l ti boN g r. x N 0 ? a H ? 'iy° ?"?s PITNE 02 1M 0 0004259703 APR AMEQ FROM ZIPCOJ v ?y ?t 10 Cf) r` bo ?+ b a W q u] 41 {t Gi' [? GJ •'J .C b ? U std 00 U 1 EXHIBIT "F ii CERTIFICATE OF SERVICE I hereby certify that on June 19 , 2009, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Amended Complaint, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Melvin E. Mohr Judith R. Mohr 8 Chestnut Ridge Road Gardners, Pe vania 17324 4N c David A. Baric, F(LE~ CE THE.:' .:'., ???°RY 2 On J' (' 1 pij r `I ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009- 3829 CIVIL TERM . c'~ -,~ MORTGAGE FORECLOSURE ~ ` 3 `~' .~. , cry , °_' ~ --, r, C ~, i ~ - . ~ ~ ~,~ , : ~w .. ~ -~ ; ` `c AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER PA.R.C.P. 3129.2 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Notice of Sale Under Pa.R.C.P. 3129.2 was mailed to the following parties via certificate of mailing as evidenced on the United States Postal Service Certificate Of Mailing Receipts attached hereto. Respectfully submitted, BARIC SCHERER G David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ~arir, Sch~rEr 1~ u~~~ sbu~ s-~~,/+ ~slti ~ One piece of ordinary mail addressed to: f Il an ~' in Sh~ ~a 7 PS Form 3877, January 2001 c _ ~~ >m c ~o o ~ ~m ~N 0 z ~ o ~ a o :D:I7 ~ V) W ILOOG(r~ ~ ' _ ~~ ~ a m U.S. POSTAL SERVICE CERTIFICATE OF MAILIN(a MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: gor~r/ Sc~nfxtir la ~I's~SO~!~L; Sfi~.~ rlis '1013 One piece of ordinary mail addressed to: Cumberland Cou~1"~ax Gam gurtiau ~n~ Cour-Nnpusti Squaw Ca-r1is1~ , PA 1"1013 PS Form 3il7 I, January zuu r U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ~hG ~1~ a~ x o p0 o ~~ 1 o ~ ~m m N o~~ 3 ~ :D V) ~~ 3 --rZr• v i~ i ~ rx)c (n ~~ c ;n ~ ~ ~ D m 8~ am o NO ~~ 1 m ~~ One piece of ordinary mail addressed to: O~ :D I) .ZD7 to Cumber and noun Oam~s~ir/ lZ~allons ~,~ „~_,;~_~. 13 North NanDd Sfi'e:~- ;- ,za)~~~~o ~~ Carlisl~,~~ 1'1013 ~C.:n ~~_;"D m PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Boar, ~ lq UPS}SOU~'bl S'l'1'a~} r ~ 11; A 1"l01~ One piece of ordinary mail addressed to: PA sc~u ~o. Box ~gllo _Narrisburq, Pa t'II~L V PS Form 3817, January 2001 $c L r m O p °o ~~ 1 C y 1 ~ N m o ~ a c o~ O :D~l ~ V7 Q7 i]~.~J.y=~ ~~~ :1+,471 CJ•t0 ~~;n ~ ~ ~ D m u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FORINSURANCE-POSTMASTER Received From: [3arir/ Schfr~ir 1 ~ I~~s~ South S3r~t' (',arlisl~ PA 1~D13 One piece of ordinary mail addressed to: ~ulrlau bf (;omplianc.~ ~ • gox a~Og4g 4~'1r1S ~~ ~ ~-~ PS Form 3817, Jt~ryhry 2001 8~ D y O HO ° ~~ 1 i~ N o = ~ 01J~ ' D O V T :D~1 ~ Vl Hr Q r ~• j j ti.~J, +3 ~ y ~ D ~ ~ m ac P ~ o p y ~' ~j N s U.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANrF_pnRrhnncrFa Received From: ~ri~ S~-~~ avlislti ~1 l~013 One piece of ordinary mail addressed to: ° ~ , U ~ S ~ '~rF asu arf o~~ _' D :D«~ . r~sbur h i Room ~0g W ,_«~_~~~,~ 1QOfl libfx 'h~l RUf~'1Ulfi ~Ln " n m ~ ur h PR 15aaa PS Form 3817,~huary 2001 ~HE~IFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~4~~tD E~ ~umbp~,~~4 r .~ ~~~~~ !~1',~~ r,~~ :. urn .;,,. G!~FEGE 4F'~E SHERIFF f °{'; ~ ~'C ^ r c~~~~, C-r Irv ~.,, ~ , '~~~ Y. I A : y.~ Jody S Smith Chief Deputy Richard W Stewart Solicitor Orrstown Bank Case Number vs. Melvin E. Mohr (et al.) 2009-3829 SHERIFF'S RETURN OF SERVICE 04/06/2010 05:49 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1745 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Melvin E. Mohr and Judith R. Mohr, located at, 8 Chestnut Ridge Road, Gardners, Cumberland County, Pennsylvania according to law. 04/07/2010 09:06 AM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 0906 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Melvin E. Mohr, by making known unto, Judith Mohr, spouse, at, 16 W. Pomfret Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/07/2010 09:06 AM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 0906 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Judith Mohr, by making known unto, Judith Mohr, personally, at, 16 W. Pomfret Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to hoer personally the said true and correct copy of the same. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the swm of $1.00 to Attorney David Baric, on behalf of Orrstown Bank, 77 East King Street, Shippensburg, PA 17257, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 830.75 SHERIFF COST: $830.75 June 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF. a -o~ Pd, ~~, , Gl ~ 7>~~ ,~ a ys3s ~' (oj CountySuite Sheriff, Teleosoff. Inc. .i~ • ~' ', ~ - •h i ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET ' CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 1725'7 Plaintiff v. NO. 2009- 3829 CIVIL TERM MELVIN E. MOHR and JUDITH R. MOHR, MORTGAGE FORECLOSURE husband and wife, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Names and addresses of owners or reputed owners: Melvin E. Mohr and 16 West Pomfret Street Judith R. Mohr Carlisle, Pennsylvania 17013 2. Names and addresses of the defendants in the judgment: Melvin E. Mohr and Judith R. Mohr 16 West Pomfret Street Carlisle, Pennsylvania 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank Cumberland County Tax Claim Bureau 77 East King Street Shippensburg, Pennsylvania 17257 One Courthouse Square Carlisle, Pennsylvania 17013 • 1' Cumberland ~ounty Domestic Relations PA SCDU Department of Revenue U.S. Treasury Department 4 13 North Hanover Street Carlisle, Pennsylvania 17013 P.O. Box 69110 Harrisburg, Pennsylvania 17106 Bureau of Compliance P.O. Box 280948 Harrisburg, Pennsylvania 17128 Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222 Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 5. 77 East King Street Shippensburg, PA 17257 Name and address of every other person who has any record lien on the property: Orrstown Bank Cumberland County Tax Claim Bureau Cumberland County Domestic Relations PA SCDU Department of Revenue U.S. Treasury Department 77 East King Street Shippensburg, Pennsylvania 17257 One Courthouse Square Carlisle, Pennsylvania 17013 13 North Hanover Street Carlisle, Pennsylvania 17013 P.O. Box 69110 Harrisburg, Pennsylvania 17106 Bureau of Compliance P.O. Box 280948 Harrisburg, Pennsylvania 17128 Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222 6. Name and address o every other person who has any record interest in the property and whose interest may be affec d by the sale: n/a v a+ 7. Name and address of every other person of whom the plaintiff has knowledge who has '~ any interest in the property v~hich may be affected by the sale: n/a I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to a orities. Date: ~oZ ajT /D r David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of landwith the improvements therein erected, situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stone and Fence by lands formerly of Isaac Camp, South 68 1/2 degrees East 8 perches to a stone; thence by ands formerly of George Slusser, South 34 1/2 degrees West 3.7 perches to a stone; thence by ,ands formerly of James Greenbaum, North 52 1/2 degrees West 8.3 perches to a stone; thence by Viands formerly of A. Young, North 54 1/4 degrees East 1.5 perches to the Place of Beginning. CONTAINING 21 perches neat measure, having thereon erected a stonehouse (formerly a schoolhouse) known as 8 ChQstnut Ridge Road, Gardners, PA 17324. BEING the same premises which Gust G. Fourlas, Debra P. Fourlas, Thomas L. Whitcomb, II and Marcy M. Whitcomb by deed dated August 17, 1992 and recorded in the Office of the Recorder of Deeds in and forCumberland County in Deed Book Vol. 35, Page 730 granted and conveyed unto Melvin E. Mohr and Judith R. Mohr, husband and wife. PARCEL NO.08-43-3408-1p EXHIBIT "A" d . ~ i~ ~: •- i• ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET ~I CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff v. N0.2009- 3829 CIVIL TERM MELVIN E. MOHR and JUDITH R. MOHR, MORTGAGE FORECLOSURE husband and wife, Defendants P~10TICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Melvin E. Mohr and Judith R. Mohr. Orrstown Bank Cumberland County Tax Claim Bureau Cumberland County Domestic Relations PA SCDU Department of Revenue U.S. Treasury Department 77 East King Street Shippensburg, Pennsylvania 17257 One Courthouse Square Carlisle, Pennsylvania 17013 13 North Hanover Street Carlisle, Pennsylvania 17013 P.O. Box 69110 Harrisburg, Pennsylvania 17106 Bureau of Compliance P.O. Box 280948 Harrisburg, Pennsylvania 17128 Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222 You are hereby notified that on June 2, 2010, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued ' ut of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judg ent of Orrstown Bank v. Melvin E. Mohr and Judith R. Mohr, No. 2009-3829, the Sheriff of umberland County, Pennsylvania will expose at Public Sale in the Cumberland County Co ouse, One Courthouse Square, Carlisle, Pennsylvania, real estate of Melvin E. Mohr and Judi R. Mohr, known and numbered 8 Chestriut Ridge Road, Gardners, Cumberland County, Pe sylvania, with a parcel number of 08-43-3408-10. A description of said real estate is hereto a ached. You are further notified that a Schedule cif Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on ,and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have ~ opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. oa as ro DATE: David A. Baric, Esquire LD. # 44853 Baric Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff „. F LEGAL DESCRIPTION ALL that certain tract of 1 d with the improvements therein erected, situate in the Township of Dickinson, County of Cum erland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stone an fence by lands formerly of Isaac Camp, South 68 1/2 degrees East 8 perches to a stone; thence y lands formerly of George Slusser, South 34 1/2 degrees West 3.7 perches to a stone; thence y lands formerly of James Greenbaum, North 52 1 /2 degrees West 8.3 perches to a stone; thence y lands formerly of A. Young, North 54 1/4 degrees East 1.5 perches to the Place of Beginning. CONTAINING 21 perches neat measure, having thereon erected a stonehouse (formerly a schoolhouse) known as 8 hestnut Ridge Road, Gardners, PA 17324. BEING the same premises hich Gust G. Fourlas, Debra P. Fourlas, Thomas L. Whitcomb, II and Marcy M. Whitcomb y deed dated August 17, 1992 and recorded in the Office of the Recorder of Deeds in and r Cumberland County in Deed Book Vol. 35, Page 730 granted and conveyed unto Melvin E. IV~Iohr and Judith R. Mohr, husband and wife. PARCEL N0.08-43-3408''''.-10 1 LEGAL DESCRIPTION ALL that certain tract. of Dickinson, County of CL as follows: BEGINNING at a stone aY perches to a stone; thence perches to a stone; thence perches to a stone; thence to the Place of Beginning. CONTAINING 21 perches schoolhouse) known as 8 C with the improvements therein erected, situate in the Township of rld, and Commonwealth of Pennsylvania, bounded and described fence by lands formerly of Isaac Camp, South 68 1/2 degrees East 8 lands formerly of George Slusser, South 34 1/2 degrees West 3.7 lands formerly of James Greenbaum, North 52 1/2 degrees West 8.3 lands formerly of A. Young, North 54 1/4 degrees East 1.5 perches measure, having thereon erected a stonehouse (formerly a iut Ridge Road, Gardners, PA 17324. BEING the same premises hick Gust G. Fourlas, Debra P. Fourlas, Thomas L. Whitcomb, II and Marcy M. Whitcomb deed dated August 17, 1992 and recorded in the Office of the Recorder of Deeds in and r Cumberland County in Deed Book Vol. 35, Page 730 granted and conveyed unto Melvin E. ohr and Judith R. Mohr, husband and wife. PARCEL N0.08-43-340810 'WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF!PENNSYLVANIA) NO 09-3829 Civil COUNTY OF CUMBE AND) CIVIL ACTION -LAW TO THE SHERIFF OF C MBERLAND COUNTY: To satisfy the debt, ' Brest and costs due ORRSTOWN BANK, Plaintiff (s) From MELVIN E. M HR and JUDITH R. MOHR (1) You are directe to levy upon the property of the defendant (s)and to sell SEE LEGAL iiaJV~. a~aa a a (2) You are also directe to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as folio s: and to notify the garnishe (s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for a account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposin thereof; (3) If property of the de endant(s) not levied upon an subject to attachment is found in the possession of anyone other than a na ed garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $176,052.8: Interest from 7/27/09 to Atty's Comm Atty Paid $173.34 Plaintiff Paid Date: 3/2/10 (Seal) L.L. $.50 (per diem $35.40) -- $7,646.40 Due Prothy $2.00 Other Costs David D. Buel ,Prothonotary By: Deputy REQUESTING PARTY: Name: DAVID A. BAR] Address: BARK SCHE 19 WEST SOl CARLISLE, P Attorney for: PLAINTII Telephone: 717-249-687 Supreme Court ID No. 4~ ~, ESQUII2E H STREET 17013 w On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 8 Chestnut Ridge Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~~~...5f~1.4~ Real Estate Coordinator 9Z~01`d OIOtlW0101 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL er Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH ~F PENNSYLVANIA ss. COUNTY OF Lisa Marie Coy e, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being du y sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodic 1 published in the Borough of Cazlisle in the County and State aforesaid, was established January , 1952, and designated by the local courts as the official legal periodical for the public tion of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the sai County, and that the printed notice or publication attached hereto is exactly the same as was rinted in the regulaz editions and issues of the said Cumberland Law Journal on the following dates, A ril 16 Aril 23, and A ril 30, 2010 Affiant further Law Journal, a legal pE matter of the aforesaid statements as to time, s that he is authorized to verify this statement by the Cumberland J of general circulation, and that he is not interested in the subject or advertisement, and that all allegations in the foregoing and chazacter of publication aze true. ~_____ Li Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 , Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PuDlie CARLISLE BOROUGH, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2014 welt Zia. !ON-i~l~ OMB/ Onstown Bank vs. Melvin E. Mohr Judith R. Mohr Atty: David A. Baric ALL that certain tract of land with the improvements therein erected, situate in the Township of Dickinson, County of Cumberland, and Caa-- monwealth of Pennsylvania, bounded and described as follows: BEGINNING at a atone and fence by lands formerly of Isaac Camp, South 68 1 /2 degrees East 8 perches to a stone; thence by lands formerly of George Slusaer, South 34 1/2 degrees Weat 3.7 perches to a stone; thence by lands formerly of James Greenbaum, North 52 1/2 degrees West 8.3 perches to a atone; thence by lands formerly of A. Young, North 54 1/4 degrees East 1.5 perches to the Piace of Beginning. CONTAINING 21 perches neat measure, having thereon erected a stonehouse (formerly a schoolhouse) known as 8 Chestnut Ridge Road, Gardners, PA 17324. BEING the same premises which Gust G. Fourlas, Debra P. Fourlas, Thomas L. Whitcomb, II and Marcy M. Whitcomb by deed dated August 17, 1992 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Vol. 35, Page 730 granted and con- veyed unto Melvin E. Mohr and Ju- dith R. Mohr, husband and wife. PARCEL NO. OS-43-3408-10. .,...,~ .~ .... ...~.«.,~W..~ ..............,~~.~w,.,....x._,: ;~ .. a .. ti?~~i? .., 'q ~. 5. ~1.~Y, i r ;~ ~ ' 'gP,~ „y ; ~ The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 `1~~~~- rn to an~ul~scribed before m~'thisl~y~~iy faf May, 2010 A.D. Notarv Public /r COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Klsner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 04/23/10 04/30/10 Writ No. 2OO9~E29 Civil Term Onstown Bank' Vs. Melvin E. Mohr Judith R. Mohr Arty: David A Barlc' ALL. that certain tract of land with the improvements therein erected, situate in the Township bf Dickinson, County of Cumberland, and-Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stone and fence by lands formerly of Isaac Camp, South 68 lf2 degrees East 8 perches to a stotte;'theace by lands formerly of George Slusser, South 341/2 degrees West 3.7 perches to a stone; thence by lands formerly of James Greenbaum, North 52 1!2 degrees West 8.3 perches to a stone; Uuuceby lands fom~erly ofA. Young, North541/4 degrees.East 1.5 perches to the Place of Beginning. CONTAINING 21 perches neat measure, having thereon erected a stonehouse (formerly a schoolhouse) known as 8 Chestnut Ridge Road, Gazdners, PA 17324. BEING the same premises which Gust G. Footles, Debra P. Fourlas, Thomas L. Whitcomb; II and Mazcy M. Whitcomb by deed dated August 17, 1992 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Vol. 35, Page 730 granted and conveyed unto Melvin E. Mohr and Judith R. Mohr, husband and wife. PARCEL NO.08~3-3406-10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which ORRSTOWN BANK is the grantee the same having been sold to said n~/S ~ grantee on the 2ND day of JUNE A.D., 010, under and by virtue of a writ Execution issued on the ry,(J L 2ND day of MARCH, A.D., X92010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 3829, at the suit of ORRSTOWN BANK against MELVIN E MOHR & JUDITH R MOHR is duly recorded as Instrument Number 201019099. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~~' day of of Deeds Heoaorderd0eed~,Cu~beA~nACbu~~M~M Mp Comnhalon ESN b Fib Nondy tl il~ ~ ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009- 3829 CIVIL TERM MORTGAGE FORECLOSURE PETITION OF ORRSTOWN BANK TO SET ~7 r" ~ - ca ._ _.. .. ; , LL s~ AND NOW, comes Petitioner, Orrstown Bank, ("Orrstown") by and through its attorneys, BARIC SCHERER, and files the within petition requesting this Court to establish the fair market value of real property and in support thereof sets forth the following: 1. Petitioner, Orrstown Bank, has a principal place of business at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendants, Mervin E. Mohr and Judith R. Mohr, are adult individuals with a last known address of 16 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Through an action docketed to the above number, Orrstown obtained a judgment against Defendants, Melvin E. Mohr and Judith R. Mohr. 4. The judgment entered in this action was for $183,699.22 calculated to February 10, 2010 with a per diem of $35.40. 5. Pursuant to the judgment obtained and after execution on this judgment, Orrstown did purchase at sheriff's sale on June 2, 2010, all that certain piece of land and buildings thereon known as 8 Chestnut Ridge Ro~.d, Gardners, Cumberland County, Pennsylvania 17324. 6. By deed dated June 23, 2010 from the Sheriff of Cumberland County, Orrstown has obtained the real property. 7. Appended heret and incorporated as Exhibit "A" is a true and correct copy of an appraisal performed on behalf o Orrstown for the property which was the subject of the action in mortgage foreclosure. 8. The appraisal establishes the fair market value of the property obtained by Orrstown at Sheriff's Sale as being $106,000.00. 9. Additional interest accruing to the date of this petition is $6,407.40 for a total judgment of $190,106.62. 10. No judge has ruled on any issue in this case. WHEREFORE, Petitioner requests that this Court set the fair market value of the property at $106,000.00 with a deficiency judgment of $84,106.62 plus a per diem of $35.40 from August 10, 2010 to the date of judgment. Respectfully submitted, BA SCHE t ~ ~ David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 pet VERIFICATION I verify that the statements made in the foregoing Petition Of Orrstown Bank To Set Fair Market Value Pursuant To 42 Pa.C.S. Section 8103 are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Petitioner and is based upon the statements provided by Petitioner, as well as documents reviewed by the undersigned as attorney for Petitioner. This verification will be substituted and ratified by a verification signed by the Petitioner who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. ~ ~ ~ David A. Baric, Esquire Dated: ~ ~ ~ ~ (~ APPRAISAL OF REAL PROPERTY LOCATES AT: 8 Chestnut Ridge Road Deed Bonk Page 35V Page 730 Gardners, PA 17924 FOR: Orcstown Bank 2695 Philadelphia Avenue, Chambersburg. PA 17207 as aF: ,iune t7. 2010 BY: Susan B. Burkholder State Ganifietl Residential Appraiser The intended user of this report is Orrgtown Bank. This indented use is for finanGng purposes only. Su~nmary Format Form GA - "TOTAL for Windows" appraisal sollware by a la mode, inc. - 1-800•ALAiN00E EXHIBIT "A" i From:Orrstown Bank Loan Department 717 709 3091 08!0312010 10:39 #253 P.002/012 Diversified Appreisal Servitors Uniform Residential Appraisal Resort FINN 081810M TM a of IAis s a sisal ro ovlde the krba/clefs witli an accaale, and a s , ophiorr of ttte trgrkd vaYre M the sub' t Address 8 h foul R e Road City Gardners State PA DD Code 17324 n. , Owner 01 Publk Record Melvin d Judith Mohr Cow Crunbedand L eed k Pa 35V P a 730 Assessor's Parcel M -3408.010 _,_ Tax Yeaz 2010 R.E. Taus S 1.575.52 Name n.. Ma Relerenx 43.3408 Cereus Tract 127 OCC Owner Tenant ~ VaCant' S sort AsseiSrrknlS S n a.___.~~ r, PUD NOA S ar matlh Ised Fee Sim r Leasetwl0 i Otlter descnJ_ Assi T ~ Pachas0 Transapion ': Refinance 7rensacdon ' 'Diner describe To establish value V tetrder wnt enk Address 2695 Philedal is Ave Chambersbu PA 17201 N tlN sub' cuaere odered ror saN has d been odered to saN n rte twelve motdns or to dk effective date of this 'sal? Yes No dale a0I/CB used s , a dates . The ub'ect is current) listed in the ntral Pa MLS for 119900. The i ak was 5730.(]00 on 5-19.09 and reduced to 5128 000 on 10-2.09 axl a sin reduced on 3-12.10 to 5119 900. 1 rld tlid not analyse the contras (a a for the subject purchase uansacnon. Explain the res s!s of the anatysis of me Contract IDr sots a why the anaysis was nor aned. n.a. Contrxl Pike S n.a. Date OI Can t n.a. Is die property sekr Ne rwrner of ;wnNC record? ~ :Yes No Oata Sant s n.a. N tlrere any IlnanclN assistance (loan charges, slue concessans. gift or dOwnpay~nen: assrstance, ek l to be paid Dy any pony an bahad of Ne boaower? (J Yes ~.~ No K Yes. re the lop! dWlar amamr azrd de~riDe'me items to De n.a. - Note:Ra»andtherooWeom oftne bOmoodennota reiaalhctora Cherededetla One-UnltHouting Trends __ Ottrr-UnBN PrpMttLandUae% Urban r SuburDatt R loeadon Pr Values hureasin `~' Stal~N `' Decd ' PRICE AGE Otte-Unn 8016 _ BuN!•U l~ TS% 25.75% 25'X Demandl5 I `i Shoo- a kt Bapax Over Su ~ S 2./ Unit % GrOr/th `~ id . StabN : Sro ktazkel Time (~; Urber 3 mtlts [>' 3.6 nMs Over 6 rrths 100 Low 10 Mhrltl• % tlDOrhOpd Bowklaries The sub'ect hborh0od Is Dortlered by Peach Glenn Road Adems Count 250 250 Comrnccia_I _ 5 x _ __ 150 Prod. 50 lMler 35 ~ Descd lion Rural area with able ownershi alterns within reasoneMe commuting distance to scoots, nlecas Of worship _ sho and trans nation. Market COtr~llans Ndudin su fa the abo Conclusions Markelin condition are good. The avers a market' time is Ihree ro six months. YpIWINMIe If U r Area .19 acre S Irre Uler View qv@ e AiC Classdkadon ricudural Zoning Lk.SCriplion Existin0 usa_is permitted in this mne. once L al L I Non orttti Grendladtered Use No Zuni I describe N the ' est and best use of sub eft D as m oved or as proposed per p ens and specil~caiion, ~_thepresent use? LEI Yes ~~No p No, dastxibe __ Uelltlea Publk Otlrer describe _ Pudk Outer(rleacrLe) Otf_sitelm~n>vdnerea-type Prro1N PrivaU ~ L _~- Electric !Srl Wamr ~ I ,~ Well Street Macadam `~ ' n.a. Sarwta Sower ~ ~ On site AMY None bas FEMA S Rood Hazard Area ~ ~ Yes ' . !No FEMA FlOad Zone X fEMA Ma # 42041 C0415E t~AIA Mao Date 03-16.09 _ Are tlM ttltl<las and Od•site' rovenrprts ' al the market area? ~ Yes ' No d No, describe _ Are (here ~ adverse sire corxdlons or external I tins easements, et~roachmenls, enhronmenWl ctutettions Wnd uses ek. ? ~ Yes ~ No If Yes. describe tatrtleal n Units ~ One One vridr Aceess UNt FoundeUon Extedor Deudplion mabrleN/conddbn irtterbr metedelytwndition oncrete Slab ~ Crawl S acs _ Founda tian YraYS Stone Fbors WoodlP d N M Stories 1 d 8esemant Partial Basement _ E%laia Ways Srorte/T111/Ava Ways Pt t r/ WA T DeL i Ad. S-DeUEnd Unh R Sed Utter Canst. Bas Ba Arp s .ft. t Firksh 96 Root Surtace MelaUShi les TrfrtyFnish Wood/A Gutters 8 Dovmspouls Akrm/Av0 BalA Floor Vi Av Ranch Yar Butt 1700 Eri 'de E /Exe --' Sum Pun of ' IrdesNDOn - _ Window T Dbl-hu A Bala Wakua;ot UA Srorm Sas inSlAated Insulated/Av Car St None ElteCtive A 5 310 Atilt fNrk Stork Stairs ' Floc Scottie Fidshed . FNated ~ flea C i ~ s r'~ Setlle~nt FWA ti HWBB Radian! Fuel Elec . Cemral Air COrd0i0ran vMual ~ Omer Screens YeafAv a" 0 N ~ Cars 1 Amenities ~ ~ Woodstovels # Ddvewa 5urtace Stone R s / Fence e` Oi Cars r PatiCVOeck ~ Porch Erxdoaed C * of Cars Pool Otlar ~ Aft Del. f" Built-m A es R ator Ran n Dishwasher :' `' Oi I ~ 'Microwave ~ Washer er Other describe FhtlsMed area stove retie cadains' S Rams 2 Bedreans 1.5 Bel 5 1 274 5 care fat Of Gross Area AtkAre Grade AdditlaW teaDXes 'al e8kient items. nct srad shed. Oestdbe 1118 cOt1060n 01 the nc4rdin n condition on the interior and exterior. ed r aks, deledorotion. rerrovations. rerrtodeYnO, elc.l. AN improvement are considered to be in avers e '~ Are there a sisal Odieiencies ar adverse rA itions dot affect the IivabiYir, souMtkss, a suuaual fore ri Of the ro ? ~ Yas NO tl Yes: describe Ooa the o ror cordOnn !o :he nei U hood lurrttional Nifty, style. cundNOn, use_ conslruaion, dc. ? Yes : NO If No, desalts Freddie Mac Fotm TD March 2005 Page 1 of 8 Fannie Mae Form 1004 March 2005 Form 1 a - •TOTAL fa Windows' appraisal ;ohwaze by a a mode, inc. -1.600-ALAMODE From:Orrstown Bank Loan Department 717 709 3091 08103/2010 10:41 #253 P.003/012 Uniform Residen~al A raisal Re art FlNM 061810M TMre are 3 bs a otN~ la sab in the suD' t hborhood ra kt from S 142 0 to S 126 0 There ire 3 W cabs in pre FEATURE SUBJECT Address B Chsatnut Ridge Road rdrvers PA 17324 wipfn pk lwMre mon COMPARABLE SALE • T i 470 Pine Road 'Mount Ho Sri s ths ra M sab IMm S 119900 t0 S 135 000 COMPARABLE SALE * 2 COMPARABLE ALE * 3 233 Pine Roetl 4244 CarSSle Road Mount H ri s Ga Hera Pmrdrn' p SuD' 6.21 miles __- 6.46 mi 1.14 mike Sob Pdce S a. i 120 000 E 135 000 S 119500 $7bPdcelQossLn.Area ?E h. S 85.71 s .h. _-____ S 1 s .p. S 100.25 .1t. Dora s Courthouse -_ Cou a Courthouse wMicatlOn50 s ML +ML MLS VALUE AO,p1STMENTS DESCRIPTI DESCRIPTION + • S Ad sb11EM DESCRIPTION + • E Ad~usimdp DESCRIPTION + - S Ad' Sales aFinancktp Caxresaions Cbsing cast Other -2,500 Closing cost FHA -2,000 Closing cost FHA -7,170 ofSaWikrte 10.5.09 ___.-_- T 7.31-09 11-1 09 LOCatbn Avera a `Similr _ __ ._ _ •Similar - ___ iSimSar LetseliddrFa Si .F a SM Fee Sim k-- Fee Sim M F e Sim _ _ SBe 19 acre ' 1.21 acre -5.100 .36 age -900 .86 acre -3 400 New ve a _ Stmpar ___ __~ Sim+tar Si r of CenetrUClldtl Ranch ~ .; . S n pl ` Ranch ^__ Brick _ ~ Ran^h _ _, Bride Ranch _ Vin kli +5 000 Aesgl ~310years X 45_ e~azs______ __- 65 ears _ . _ 45 ro - COnipGat iAvera a Similar Su oripr -680 Similar AbOVe Grade ToW BMne. ee + Tots Sdnrts. BiM 7da_ Sdrms. Batl16 ToW 88me. Sala Room Court 5 2 1.5 7 4 2 . __ -5000 4 2 1 _ _ V 000 6 3 1 -1 000 GroesUv' Area 1 274 .P.. 1,d0o sQ.it _ •3600 1,120 sQ.tl, +4,600 1,192 4 .fl. -2500 Basentrptt 8 Rnished tlAprte BBbW Grade None None FuN bsml Fami room -5.000 _-- -2,000 FuN bsmt None -5,000 Fup bsmt !None -5.000 RrecpOnal A ra a impai _ - i irar imNar _ Ht run CA i Elec bsbd _ +3,0 Fha Op +3 000. Fha OS ~-- +3 000 E EBkaapbems dC ne None Non 2-cerinl era a ' ~__ 4000 - N 1-car car rt None •2000rfVone ~ __ -~ PaolvPapofDeck E sad h ' Porch, irpl~ r Porch i ;Porch R -1 000 Shed None - +1 000 L shed __ Wd stove shed •1 000 Net A t Ma + L ±-._ S 23 400 f- + ~ - S 12 10- 0~ ~~ - - ~ E 13 070 Aqusted sab Price d Can bs I I : db ,did Hat reSBamh Ste sale a ;rand tps Net Aa. 19.5 % Gross 26.2 % t of pre suDj_ecr pro $ 96 6 0 perty and corttparaDl Net Adj. 9.0 % Gross Ad . Z0.2 % e sale. S noL apbin Net Adj. 10.9 % S 122 900 Gross '. 21.3 % S t 06.430 resarOh did ~ ~ db na reveal an d sales or :rensters of the suet property for the Three ey ors Orior to the ehecllve dale_ot tlds a0braisal. Dap SD s Assessment records research ~ ~d drd rxd reveal an d sobs or hansters.ol the comparalde cabs for the year prior to the date of sab of the wmpuabb sab. Dap S s Aasewment records rt the rostAs of the research and ana sis of sale a hatreter hat d pr: su t and w arabb sales addidonM a cabs an 3 . _ ITEM SUBJECT COMPARABLE SALE dt COMPARABLE SALE #r2 COMPARABLE SALE 83 Dap of Pdor Sab/iransler _ 8-24.2 ' ~ ___._ 12_17-84 3.17.2 _ 6.2 -95 Price of Prbr SakV'frartsfer 45 000 ~ 884 000 574 000 _ S82 000 Dap Sbace s Courtho Courthouse Courthouse Courthous0 EfkcdveDateMDapSourc s 6-1-10 6.10 ~6-10 6.10 's oT dot sab a transfer his of Ste sub t and con arable sobs No ale has taken face in the ast three era for the sub'ecl ro art the com arablea in the asl ar ------ S d Sales Coro eon A oach A 000 er room ad'ustment was made for rho total number of rooms 2000 r bath and 1.000 er half th. a d' ImeM was made 'nee the lea are smiar in effective a e. ' '~ ----- --- - Indkated Yabe b Sales Com orison A ch S 106,000 --'- IndkMed Yalw : Sebe Com roe The s Coro orison a roach bein COneldered alnCE this is an OW/ler OCCU i tr n m be mis d' tot " S 106 000 Coat roach (H developed) S n a. Income A (M ) S n.a. Haider the most rate in arriVinp at m final o 'pion of value. The Income a r ch a not si le famNv dweriino. the Coat approach was considered t0 t)e unreliable Since this is npl neW reader. Th45 appraisal is made Q as is", L] stAtject rAmpbted, ^ subject to Ux IoNOwirtg repairs o r Ntspectiai based on the exlraad eompkian per pons and speciliralions on Ste basis of a hypah~cal condNon prat the improrertttatis have been albrafiais on the basis of a hypalherical condition that ;he repairs or aAerarions have heen cOn0leted, or [] st~jeC to the a assu ion the; the cond rion or deficiatcy does not require operation or repair: Aowaised in current eonddion Bawd on a complete visual imruppe~cibn of the eondipone, and apprakr'a certification, my ( E 106 000 a of June 17, 20 irdemr end exterior ras of the subJect property, dNrned scope of work sfatemrd of asaum~ Iona aruf limiting r) opinion of five marker value, es deRned, of the rat property Ihet is the atrtrieet of This r rl is 0 which b the date of ins tcSon and the effectve date of this a rebel. -eddie Mac Form 70 March 2005 Page 2 of 6 Fannie Mae Form 1004 March 2005 Form 1 4 -"TOTAL for Windows' appraisal soltware by a .a mode, inc. -1 •SOC-ALAMDOE From:Orrstown Bank Loan Department 717 709 3091 08103/2010 10;42 #253 P.004/012 i (Uniform Residential Aooraical Rannrt ~~~„e,e,,,.. d urn. ~ - - COST APPROACH TO VALUE (not required f>y Fannie Mee) ___ __ _ _ ~ _ _ _ Provide ad uate irdoanatbn for the latderlcaera b re scale the bebw cost fi wes and cakuLitiens. _ _ rt for the inbn of site vahre summa al rebk Wrid sales or ath~ ids for estimating rile vahk~_ _ _,Siteyalue of E78.983 was ofRained from assessment records. The Cost A chiwas rat considered since this is not new construction. ESTrAATm REPROWCTION OR REP EMLNT CO51 NEW OPIMON OF SfIL VALUE.... _...._ ... _ =S 5arrceac~stdate _ ____ _ __ DWELLHfG S .Ft.ro~E . - -~~-_~~~~5 ~- _ OWi tab from cost servrca EH a date of cost data ~ So.Ft. @ S =S Comments on Cost roach oss liven area ca bns, tle reciation. etr,.( ~_ =g --- Gera elCar.~ S .Ft. S . _. =S 7otal Estimate of Cost•New =g Less P sical _ _ Fwrctional Eztenral _ 0 eCCiatedCosiollmprovements ...__. .. _ ... =3 _ _ "AS•is" vaWe of Sitc hnprovemeas _. _ _ . __.. ... =5 Estimated Remaini Econbrtic Lde HUD and VA y0 Years , INDICATED VALUE BY COST APPROACH . . _ ..._....,. ~S INCOME APPROACHTOYALUE(na1 wired Fannie Mx) Estimated Month MarNet Ren; S x Gross Rent Mufti ter = E Indicated Value Dy Income Approach of hrcame roach inclurfar su t fo market rem and GRM PROJECTINFORMAifE)NFORPWe(H fie) LS the Ibdlder in contra of the Honieovrrer ' Association (HOAt? r Yes ~} No Unit tv s ~ Detached "'~ AlWClad Provide the idMowiD inlormakon for PUDs ONLY it tl _ /bdlder is in Conti of a the HOA and Ehe sub'ect Is an atbched Wtil. INameolPro' t ~ Taai nranber of Toai __ number of amts Taal number of rmi~s sdd _ _ _ Total number of tarts renPod ~ Total ___ _ number of units tar sak Data sources ~ ~ ~~ Was the o' t created the comasbn of aisti Does the eeldain 8n mudi•dweli unAS? Are the utits, earvron ekmems, and recreatbn face huil6 s into a PUD? Yes ~ Y~"~i-"--- ~ -~` C' No H yes. dale of cornersion. ___. No Data Stnuce ties cam kse? Yes [' No U No, describe the status of campidion. ..._ Are the cameo N8maa5leased b or the Ho as' Assoaatgn? Yes ' , Ne If Yes, describe the renal terms and Lions. Describe common elerttenls and recreaboref faaliK. . -- _. . -.._. ... -_ -~ ~a~"~~~ ~.~a~ ~~~,,, ,,, mu~ai cwo rage 3 of 6 Fannie Mae Form 1004 March 2005 form 104 -"TOTAL la Windows" appraisal software by a la mode, inc. -1.800•ALAMODE From:Orrstown Bank Loan Department 717 709 3091 08!03/2010 10:43 #253 P.0051012 sisal This report form Is designed to rebart an appraisal of a one•unit property or a one-unit property with an accessary unit; including a unit in a planned unit ((development (PUD). This report form is not designed to report an appraisal of a manufactured home or a untt in ~ condominium or cooperative project. This appraisal report is subject to (the following scope of work, intended use, intended user, definition of market value, statement of assumptions and lira ing condttions. and certifications. Modifications, additions, or deletions to the Intended use, intended user, definition of m ket value, or assumptions and (/rafting conditions are not permitted. The appraiser may expand the scope of work to inclu a any additional research or analysis necessary based on the complexity of this appraisal assignment Modificattons or deleti ns to the certitlcadons are also not permitted. However, additonal certHleadans that do not constitute material alterations t, this appraisal report, such as those required by law or those related to the appraiser's continuing education or membership in an appraisal organization, are permitted. SCOPE OF WORK: The scope of'work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requVemeMS of this apprlalsal report form, including the following definition of market value, statement of assumptions and iimtting condiUon$, and certtf~ations. The appraiser must, at a minimum: (t) pertorm a complete visual inspection of the interior and extedpr areas of the subject property, (2) inspect the neighborhood, (3) Inspect each of the comparable safes from at least the/ street, (4) research, verAy, and analyze data from reliable public and/or private sources, and (5) report his ar her analysis, ~lpinions, and conclusions in this appraisal report. INTENDED USE: The intended uslr of this appraisal report is for the lender/client to evaluate the property that (s the subject of this appralsal for a mortgage finance transaction. INTENDED USER: The Intended user of this appraisal report is the lender/client. DEFINITION OF MARKET VALUE: The most probable price which a properly should bring in a compeddve and open market under all condttions requish to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price Is not affected by undue $Umulus. Implicit in this definttion is the consummation of a sale as O} a specified date and the passing of tide from seller to Guyer under conditions whereby: (1) buyer and seller are typ~ally matfvated; (2) both parties are well informed or well a lsed, and each acting in what he or she considers his or her own best interest; (3) a reasonable Ume is allowed for expo$ure in the open market; (4) payment Is made in terms of cash in U. S. ddlars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. •Adjusiments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which ar normally paid by setters as a result of tradition or law in a market area; these costs are readily ident'rfiable since the seller ays these costs in virtually ail sales transactions. Special or creative financing adjustments can be made to the c mparable property by comparisons to financing terns offered by a third party insdtutianal lender that is oat already involved I the property or transaction. Any adjustment should not be calculated on a mechanical dollar Tor dollar cost of the financing ar concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AID LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptio~ihhs and limiting conditions 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised ar rite title to it, except for information that he: or she became aware of during the research involved in performing this appralsal The appraiser assumes that the title Is flood and marketable and will not render any opinions about the title. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding fhe appraiser's determination of tts size. 3. The appra(sar has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an idenU7ied Special Hood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regardmg this deterninaUdn. a. The appraiser will not give tesUDrony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this ;appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property Or that he or she became awaze of during the research involved in performing the appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knawlddge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited 10, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, a c.) that would make the property less valuable, and has assumed that there are no such condttions and makes no guarantee or warzandes, express or implied. The appraiser will not be responsible for any such condtions that do exist or Tor any ngineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an ex ert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of Ur property. 6. The appraiser has based his or r appraisal report and valuation concwsion for an appraisal that is subject to satisfactory completion, repairs, or alterations o the assumption that the completion, repairs, or alterations of the subject property will be performed in a professional ma er. Freddie Mac Fortn 70 March 2005 Page 4 of 6 Fannie Mae form 1004 March 2005 form 1Q04 -'TOTAL for Windows' ao0raisal ;ollware by a o mode. mc. - t$Op•AlAM00E From:Orrstown Bank Loan Department 717 709 3091 08103!2010 10:44 #253 P.006/012 Residential APPRAISER'S CERTIFlCATION: The Appraiser certifies and agrees char. 1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2. I performed a complete visual i spection of the interior and exterior areas of the subject property. I reported the contlftion of the Improvements in factual, s ific terms. I identdied and reported the physical deficiencies that could affect the livability, soundness, or shuctural ihtegrtry of the property. 3. I pertormed this appraisal in accordance with Ute requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. I developed my opinion of the ~arket value of the real property that is the subject of this report based on the sales comparison approach to value. I h ve adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I further certtfy that I considered the cost and income approaches to value but did not develop them, unless otherwise Indicated in ~ this report. 5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any ottedng tort sale of the subject property in the tvYeNe months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three yetlrs prior to the effective date of this appraisal, unless otherwise indicated to this report. 6. I researched, verified, analyzed, ~nd reported an the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the cornparab a sale. unless othervise indicated in this report. 7. I selected and used comparable salles that are locationally, physically, and functionally the most similar to the subject property. 8. I have not used comparable sales that were the result of combining a land sate with the contract purchase price of a home that has been built or will be built on the lilnd. 9. I have reported adjustments to thQ comparable sales that reflect the market's reaction to the differences between the subject property and the compazable sales. 10. I verified, from a disirderested sotlrrce, ail information in this report that was provided by parties who have a financial interest in the sale or Nnancing of the subject property. 11. I have knowledge and expertencle in appraising this type of property in this market area 12. 1 am aware of, and have access ~o, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, pu tic land records and other such data sources for the area in which the property is located. 13. I obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be'true and correct. t4. I have taken into consideration Uhe factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. i have noted in this appraisal report arjy adverse conditions (such as, but not limited ta, needed repairs, deteAoration, the presence of hazardous wastes, toxic ubstances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aw~re of during the research Involvetl in performing this appraisal. I have considered these adverse conditlons in my analysis of a Droperty value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. I have not knowingly withheld an significant information from this appraisal report and, to the best of my knowledge, all statements and information in this a~praisal report are true and correct. 16. I stated in this appraisal report rrly own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions ar(d limiting conditlans in this appraisal report. 17. I have no present or prospective i~tterest in the property that is the subject of this report, and 1 have no present or prospective personal Interest or bias Ith respect to the participants in the transaction. I did not base, ether partiauy or completely, my analysis and/or opinio~ of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or na tonal origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the p operties in the vicinty of the subject property or on any other basis prohibited by law. 18. My employment and/or compensation for performing this appraisal or any future art anticipated appraisals was not conditioned on any agreement or and rstanding, written or otherwise, Thal I would report (or present analysis supporting) a predetermined specific value, a prede ermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a spe lilt result or occurrence of a specific subsequent event {such as approval of a pending mortgage loan application). i 19. I personally prepared all conclusi ns and opinions about the real estate that were set forth in this appraisal report. If I relied on signficant real property app aisaf assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal re ort, i have named such individual(s) and disclosed the spectte tasks pertormed in this appraisal report. I certty that any indi idual so named is qualified to perform the tasks. i have not authorized anyone to make a change to any item in this appraise report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 20. I identified the lender/client in thin appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this aopraisal re ort. Freddie Mac Form 70 March 2005 Page 5 of 6 Fannie Mae Form 1004 March 2005 Form 100{ - •iOTAL for Windows' apprarsai sWtware by a a mode. inc. -1.800-ALAPAODE From:Orrstown Bank Loan Department 717 709 3091 08/03/2010 10:45 #253 P.007/012 .Uniform Residential A raisai Re ort FiN# 09,9,oM 21. The lender/client may disclose or distribute [his appraisal report to: the borrower, another lender at the request of the borrower, the mortgagee or Its syCCessors and assigns: mortgage Insurers; government sponsored enterprises; other secondary market participants; d collection or reporting services; professional appraisal organaations; any department, agency, or instrumentallry o} the ntted States; and any state, the District of Columbia, or other Jurisdictions; wtthout having to obtain the appraiser's or supervisoqry appraiser's (if applicable) consent. Such consent must be obtained hefore this appraisal report may be disclosed or distribt>Ited to any other party (including, but not limited to, the public through advertising, public relations, news. sales, or other m la). 22. I am aware that any discloser or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations. Further, I a also subject to the provisions of the Uniform Standards Of Processional Appraisal Practice that pertain to disclosure or distribpdan by me. 23. The borrower, another lender alt the request of the borrower, the mortgagee or its successors and assigns, mortgage insurers, govemment sponsored errterprisas, and other secondary market pardcipants may rely on this appraisal report as part of any mortgage finance transaction) that Involves any one ar more of these parties. 24. ff this appreisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/o ,state laws (excluding audio and video recordings), or a facsimile transmission of This appraisal report cordainktg a copy ~ar representation o1 my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this'. appraisal report were delivered containing my original hand written signature. 25. Any intentlonal or negligent m`srepresentadon(s) contained in this appraisal report may result in civil liability and/or criminal penalties including, but n¢t limited to, fine or imprisonment or both under the prOVlsions of Title 18, Untted States Cade, Section 1001, et seq., or siJmilar state laws. SUPERVISORY APPRAISER'SCErtTIFICATION: The Supervisory Appraiser certifies and agrees that 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, cortlCluslons, and the appraiser's certification. 2. I accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis. opinions statements, conclusions, and the 8ppraiser's certlflcatbn. 3. The appraiser identified in this appraisal report is either asub-contractor or an employee of the supervisory appraiser (ar the appraisal firm), is qualified to perfodm this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies uyith the UnHarm Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Startgards Board of The Appraise( Foundation and that were in place at the time this appraisal report was prepared. 5. ii this appraisal report was trans)itted as an "electronic. record" containing my "electronic signature," as those terms are defined in applicable federal and/or.stata laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy qr representation of my signature, the appraisal report shall be as etfectlve, enforceable and valid as if a paper version of this ,appraisal report were delivered containing my original hand written signature. APPRAISER Signature _ .-. Name Susan . Burkholde Company Name ocversified Aoaraisaljiervices Company Address ~._Hinh Street, t to, ._._ Carlisle, PA 17013 ~ __ Telephone Number ~,7.2a9-2759 -~___., __,____. Email Address sue.burkhoaer maa.~:om _ Date of Signature and Report June 1 20,0 Effective Date of Appraisal June 17, o,o ____,____ State Certification # RL-000959-L or State License # _ or Other (describe) State # State PA _ Expiration Date oT Certification or Licen a June 30.20, f ADDRESS OF PROPERTY APPRAISED; 8 Chestnut Ridce Road l . __ Gardners. PA 17324 APPRAISED VALUE OF SUBJECT PROMER7Y $ ,os.0oo __ .._ LENDER/CLIENT Name Company Name ortaiown Bank Cempany Aridness 2695 Phaadebhia venue Chambersbum, PA Email Address SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Name _ Company Name Company Address Telephone Number Email Address Date of Signature State Cerification # or State License # State Expiration Date of Certification ar License SUBJECTPRDPERTY .7 Did not inspect subject property ~:_ Did inspect exterior of subject property from street Date of Inspection Did inspect interior and exterior of subject property Date of Inspection COMPARABLE SALES Did not inspect exterior of comparable sales from street Did inspect exterior of comparable sales from street Date of Inspectio» Freddie Mac Forth 70 March 2005 Page 6 of 6 Fannie Mae Form 1 OOd Mazch 2005 form X004 - 90TAL for Windows" aupra~sal software by a ~a mode, inc. -1-e0a-ALAMODE From:Orrstown Bank Loan Department 717 709 3091 08/03/2010 10:46 #253 P.0081012 Sudotemental Addendam ~;vim,. ~Q,o,~.. t n.a. ~ - -_ - - PN r 8 Chestnut R' Road Gardners n Cumberiand pt PA 17324 L Orratown Bank i Additional Comments: The subject property has an on site well and septic system. This is common for the Brea and have no adverse impact upon the marketability or the home. One or more of the comparebl$ sales are older than six months old. Although there are comparable properties in the subjed's area, none have sold recently, 'therefore, sales in excess of six months old have to be used. All three comparables used were the best available. Although there are other similat home in the subject's neighborhood, none have sold recently. Therefore is was necessary to use sales further than one mile~,from the subject property. The sales used are the best available. Gross adjustments exceed 25°/~ for one or more o1 the comparable sales. Although there ere other similar homes in the area. none have sold recently. The dales used are the best available. I i This report has been etedroni Iiy prepared and transmitted in compliance wish USPAP guidelines which indudes verification of the complete transfer and deliv ry, digitally protected signatures and adequate security measures in place to protect data transmitted by appraiser. The scope of the assignment inlpluded an analysis of the subject's area, an inspectlon of the subject properly, an estimation of the property's highest and best -ise and the consideration of all three approaches to value and the aDPlicetion of those relevant to the valuation of the subject pFoparty. This report has been electronically prepared and transmitted in compliance with USPAP guidelines which indudes verification of the complete transfer and delivery, digitally protected signatures and adequate secudty measures in place to protect data transmitted byapprafser. The Intended User at this appraisal report is the LenderlClient. The Intended Use is to evaluate the property that is the subject of This appraisal for a mortgage finance trensaetion, subject to the stated Scope of Work, purpose of the appraisal. reporting requirements of this appraisal report form, and Definition of Market Value. No additional Intended Users are identified by the appraiser. Privacy Notice Pursuant to the Gramm-Leach-E$illey Ad of 1999, effective July 1, 2001, appraisers, along with all providers of personal finandal services are now required by fedleral law to inform their clients of the policies of the firm with regard to the privacy of the client nonpublic personal information. As professionals, wre understand that your privacy is very important to you and are pleased to provide you with this information. In the course of performing eppdaisal, we may collect what is known as "nonpublic personal information" about you. This information is used to facilitate the services that we provide to you and may include the information provided to us by you directly or received by us from others with your authorization. We do not disclose any nonpublic personal information obtained In the course of our engagement with our clients to nonaffiliated third parties, excep as necessary or as required by law. By way of example, a necessary disclosure would be to our independent contractors, an In certain situations, fo unrelated third party wnsuttants who need to know that informaton to assist us in providing appraisal rvices to you. All independent contractors artd any third party consuhants we engage are informed that any information thby see as pan of an appraisal is to be maintained in strict confldence within the firm. A discosuro required by law would be a disclosure by us that is ordered by a coup of competent jurisdiction with regard to a legal action to which you are party. We will retain records relating tqq professional services that we have provided to you for a reasonable time so Ihat we era better able to assist you with your needs. In ortler to protect your nonpublic personal information (or unauthorized access by third ponies, we maintain physical, electronic and procedural safeguards that comply with our professional standards insure the security and Integrity of your (nft~rmation. Form TAD -"TOTAL la NAndaws" appraisal soltwara by a u mode, inc. -1-800•ALAMOpE From:Orrstown Bank Loan Department 717 709 3091 Location Map 08!03!2010 10:46 #253 P.009/012 8 n.a. ------ _ P 8 CNeslnlrt Rid e R' d _ _ Caardnars Cumberland ~ -~ State PA LuCade 17324 OrratOwn Bank '. ;; "~ MapPomt' t ~' St ::.. , ~ d ~ ~ ~ ~ ~ W ~ ~ $ '+ ar< i~ . ~a~ W ~ ~~ ~ ~ aal~rq _. x awlnor Y •, i ~ - aow,l naly sw~wz. . ..~clri~aw, Pe. ~ r u:ir a r, ~:.; -,x''. ,;;a~;'~ v u v. ~. ~ o-'~" ~ - Q'•° . ,~ .._ .. ~ a r. i a ~Lalimore ' eilFlrfSN~li ,I. IJ .4 M 91 eiyieruille,. O° ''hmO~cuille PO ~ 45' ' 4 s ~~ I w ro 01006 Yi•wfMCp m30W MMKO.IM/xa6l,lx Folm MAP.t OC - 'TOTAL for Windows• appraisal spflware try a is rtrode, oic. -1.8110-AiAM00E YwN Swinpc .'~,.K From:Orrstown Bank Loan Department 717 709 3091 Building Sketch (Page - 1} 08/03!2010 10;47 #253 P.0101012 n.a. A 8 Chestnut Rid e R d Gardnero Cumlxrlarxl PA 17324 Orrstown Bank 41.0' 8.0' Living Btlrm Sun 26.0' KilChen 26.0' Room Bdrm Blh Blh 41 0' 8.0' SKETCH CALCULATIONS ------~---1 i A~ 4g.0 x 26.0 ~ 1274.0 , i ,. _ _ „ ___. First Floor 1271.0 -! - ._...-_. ----_.__f ~~---,--...___. -- ...-- _-- ;Total Living Ana __---- -~. ^1274.0 _._. Form SKT.BI~SkI -'TOTAL fa Windows" lpprti5al sotlwarc by a W mode, inc. -1-800•plpFA00E ~From:Orrstown Bank Loan Department 717 709 3091 Subject Photos 08/03/2010 10:47 #253 P.0111012 Borrower Client n.a. Pro ert Addres 8 Chestnut Rid a Road Cit Gardners oun Cumberlaed State PA bo Code 17324 L¢nd¢r Orrslown Bank Subject Front 8 Chestnut Ridge Road Subject Rear ~. .. ~ . ,~:.:: { ~~ ~ -_ Subject Street Forrn PICPIX.TR - "TOTAL for Winduws"appraisal software by ~: la mode, inc. -1-900-ALAtvt00E from:Orrstown Bank Loan Department 717 709 3091 08103/2010 10:49 Comparable Photo Page #253 P.012/012 _~ RonowetlCfienl n a. ---_-__._ .--- _-.___ _ --.__-.-- PrODertyAddreSS 8 Chestnut Ridae Road _ _ ._._____- City Gardners Coun _Cumberland,________,~ State PA IiD COde 17324 ' ender Orrstown Bank Comparable 1 410 Pine Road Comparable 2 233 Pine Road Comparable 3 4244 Carlisle Road Fnnn PICPIX.BR - "TOTAL for Windows^ appraisal sOfwarc by ~ la mode. inc. -1 Bi)O ALAMODE ~ _ CERTIFICATE OF SERVICE I hereby certify that on August ~~ , 2010, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Petition Of Orrstown Bank To Set Fair Market Value Pursuant To 42 Pa.C.S. Section 8103, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Melvin E. Mohr Judith R. Mohr 16 West Pomfret Street Carlisle, Pennsylvania 17013 ~~~ David A. Baric, Esquire ~I ~ ~~ ., i . + ORRSTOWN BANK ~'~ 77 EAST KING STREET I, SHIPPENSBURG, PA 17257 Plaintiff v. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009- 3829 CIVIL TERM MORTGAGE FORECLOSURE PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Petition Of Orrstown Bank To Set Fair Market Value Pursuant To 42 Pa.C.S. Section 8103 filed in this matter on August 11, 2010. Respectfully submitted, F--- t BARIC SCHERER David A. Baric, Esquire Date: August 17, 2010 I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ~- O .. ~ ~_~_: ;;~ __ r r ....- - - i, i ,~~:. ~~ O U' Q VERIFICATION I, Linda Mown, Assistant Vice President, brrstovm Bank, verify that the statements made in the foregoing Petition Of Orrstown Bank To Set Fair Market Value Pursuant To 42 Pa.C.S. Section 8103 are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted. verification. T understand that false statements herein are made subject to the penalties of 1 A Pa.C.S. §4904 rebating t~ unsworn falsifications to authorities. ~~st II.2191a I~ Assistant Vice ~rrstown Bank 'WUG '122010 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 3829 CIVIL TERM MORTGAGE FORECLOSURE RULE AND NOW, this Zf-day of A J 1?- , 2010, upon consideration of the 611/ foregoing Petition, it is hereby ordered that (1) a rule is issued upon the respondents to show cause why the petitioner is not entitled to the relief requested; (2) the respondents shall file an answer to the petition within 0?/ days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within 40days of this date; 6x- - (5) argument shall be held on 1 , the day of ail- Uv 2010 in Courtroom of the Cumberland County Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, • ?`aZ2.,1 ?. 0 ?A 3 a ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 3829 CIVIL TERM MORTGAGE FORECLOSURE ORDER OF COURT AND NOW, this '~-~~day of October, 2010, upon review of Plaintiff's Petition to Set Fair Market Value and after hearing on said Petition it is ORDERED that a Deficiency Judgment is entered in favor of Plaintiff and against Defendants in the amount of $86,053.62 with a per diem of $35.40 from October 4, 2010. BY THE COURT, Albert H. Masland, J. c3 ~ David A. Baric, Esquire ~~ ~°- ~, ~, ~ -~ Baric Scherer 'u'rn .~=? 19 West South Street =~=~ ~ , ~"' k ~~~ Carlisle, Pennsylvania 17013 ~`~, ~, y'l ' ~-~--~~ ~~ ~ ~~ ~] T9 ~ Melvin E. Mohr ~' ~' . c~ ~" `"~ o Judith R. Mohr ~ ~ •' ~, '' 16 West Pomfret Street } '~t ~ --- %'~ ..~, Carlisle, Pennsylvania 17013 C®Pr'rs n1a.~lcd rol~~~~ ~L.. ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff v. iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3829 CIVIL TERM MELVIN E. MOHR and :MORTGAGE FORECLOSURE JUDITH R. MOHR, husband and wife, • Defendants. AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I certify that the attached correspondence was mailed to the Defendants via United States First Class mail dated August 24, 2010 and was not returned to me as undeliverable. David A. Baric, Esquire October 4, 2010 ~ ~ o ~ ~ ~~ --~; ~" .c- ~ ° ~-- ~ .,~~ ~h a ~- i ~c w on ~ ~, .~.. ~.~ ~ --~; i BARK Attorneys-at-Law SCHERER David A. Banc Michael A. Scherer Tricia D. NauIor Of Counsel 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 -Fax dbaric~baricscherer. com August 24, 2010 Melvin and Judith Mohr 16 West Pomfret Street Carlisle, Pennsylvania 17013 RE: Orrstown Bank v. Melvin and Judith Mohr No. 2009-3829 Civil Term Dear Mr. and Mrs. Mohr: Enclosed for service upon you find a Rule issued by Judge Masland on August 18, 2010 in connection with the Petition To Set Fair Market Value I filed on behalf of Orrstown Bank. Very truly yours, BARIC SCHERER David A. Baric, Esquire DAB/j 1 Enc. cc: File dab.dir/orrstownbank/mohr/mortgagelmohr2.ltr i AUG 1 ~ZO10 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 3829 CIVIL TERM MORTGAGE FORECLOSURE RULE AND NOW, this day of ~, 2010, upon consideration of the foregoing Petition, it is hereby ordered that (1) a rule is issued upon the respondents to show cause why the petitioner is not entitled to the relief requested; (2) the respondents shall file an answer to the petition within ~_ days of this date; (3} the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within ~ days of this date; (5} argument shall be held on ~ ,.,r1~r , the ~ day of ~ it : ~ Ar~9 ~~4gr~ , 2010n Courtroom ,~ of the Cumberland County Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, ~ODD,~ ~i~i~.6 _a ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff v. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2009-3829 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I certify that the attached correspondence was mailed to the Defendants via United States First Class mail dated August 24, 2010 and was not returned to me as undeliverable. ~ ~ * ~-, ~, c~ David A. Baric, Esquire ~, -~~ ~rr~ o rn rT; r-~ j..4 ;~. ~' ---~ -~ rn v~~ - ~~ October 4, 2010 ~ ~ ~ ~ ' °--- o ~ -` :'n ~~ w ~ `-~ w `~' -< BARK Attorneys-at-Law SCHERER David A. Banc Michael A. Scherer Tricia D. Nauior Of Counsel 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 -Fax dbaric®baricscherer. com August 24, 2010 Melvin and Judith Mohr 16 West Pomfret Street Carlisle, Pennsylvania 17013 RE: Orrstown Bank v. Melvin and Judith Mohr No. 2009-3829 Civil Term Dear Mr. and Mrs. Mohr: Enclosed for service upon you find a Rule issued by Judge Masland on August 18, 2010 in connection with the Petition To Set Fair Market Value I filed on behalf of Orrstown Bank. Very truly yours, BARK SCHERER David A. Baric, Esquire DAB/j 1 Enc. cc: File dab.dir/orrstownban Wmohr/mortgage/mohr2.ltr ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. MELVIN E. MOHR and JUDITH R. MOHR, husband and wife, Defendants AUG ~ ~ 20 iA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 3829 CIVIL TERM MORTGAGE FORECLOSURE RULE AND NOW, this day of ~ni~, 2010, upon consideration of the foregoing Petition, it is hereby ordered that (1) a rule is issued upon the respondents to show cause why the petitioner is not entitled to the relief requested; (2) the respondents shall file an answer to the petition within ~,~ days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within ~ days of this date; (5) argument shall be held on n ~~ , the ~ day of ~-I~ ~t : ~ ~9rrl (~;(,~-4g~ , 2010^ n Courtroom ~~ of the Cumberland County Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, t' P a is n;u~