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HomeMy WebLinkAbout09-4410'0 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. THOMAS J. AHRENS and CHRISTINE M. AHR:ENS, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 411D 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 complaint and notice are served, by entering a written appearance personally or by an attorney and filling 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 IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2009- yy l d CIVIL TERM THOMAS J. AHRENS and CHRISTINE M. AHRENS, MORTGAGE FORECLOSURE husband and wife, Defendants 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, Thomas J. Ahrens, is an adult individual residing at 2112 Foxfire Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Defendant, Christine M. Ahrens, is an adult individual :residing at 2112 Foxfire Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. By Deed dated February 12, 2009, Carolyn G. Madeira conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Thomas J. Ahrens and Christine M. Ahrens. This Deed was recorded in Cumberland County at Instrument No. 200904059, et seq., all of which pages are incorporated herein by reference; and made a part hereof. The premises are further described as being 305 Chestnut Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania. 5. On or about February 18, 2009, Thomas J. Ahrens and Christine M. Ahrens as Mortgagors, made, executed and delivered a written Credit Agreement and Disclosure secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A." This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds for Cumberland County on February 28, 2009, at Cumberland County Record Instrument No. 200965269, 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 Credit Agreement and Disclosure 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 Credit Agreement by failing to make payment for the months of March, 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. No notices are required under Act 6 or Act 91 as the original loan amount was in excess of $217,000.00 and the property given as security is not the principal residence for the Mortgagors. 10. Under the terms of the Mortgage and Credit Agreement, if any monthly payment of principal and interest is not made when due or any other obligations of the Credit Agreement or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Credit Agreement obligations shall become due and payable immediately at the declaration of Mortgagee. 11. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 12. The Credit Agreement and Mortgage permit Plaintiff to recover its attorney fees and costs. 13. The following amounts are presently due on the said Mortgage and Credit Agreement calculated to June 16, 2009: Principal $225,000.00 Interest to 06/16/09 $ 2,902.31 (per diem of $24.60) Other Charges $ 55.00 Late Charges $ 7.50 Attorney fees $ 11,309.03 (set for this Complaint 5% of principal) TOTAL: $239,273.84 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $239,273.84 plus interest thereafter at the contract per diem from June 16, 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, BARICf- SCHE David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbank/ahrens/chestnutridge/complaint.pld 0,6/16/2009 12:52 7172495755 OBS PAGE 06 ?A 4N The statements in the foregoing Complaint are 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. DATE: t . {+M A?' dI Alan Patton Vice President-Ozrstown Bank Z?- `,5q r II?111191dIMIB OOOAYN Tax Parcel 6&qp d (1q DEED a4 an, This DEED, made the day of in the year of'Our Lord two thousand nine (2009). Between BETWEEN CAROLYN G. MADEIRA, widow, of Pennsylvania, Grantor and THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, of Pennsylvania , Grantees WITNESSETH, that in consideration of SEVEN HUNDRED FIFTY T14OUSAND AND 00/100 ($750,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, as tenants by the entireties, their heirs and assigns; ALL that certain piece, parcel or tract of land situate in the township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Chestnut Ridge Drive at the dividing line between Lots Nos. 3 and 4 on the plan of lots hereinafter mentioned; thence along the dividing line between Lots 3 and 4, South 44 degrees 51 minutes 23 seconds West 58' .09 feet to a point oil line of lands now or formerly of Merle Stambaugh; thence along line of lands now or late of Merle Stambaugh, North 5 l degrees 40 minutes 00 seconds West 420.93 feet to a point at the dividing line between Lots Nos. 2 and 3 on the plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 2 and 3, North 53 degrees 34 minutes 36 seconds East 400 feet to a point; thence further by same North 69 degrees 02 minutes 30 seconds East 207.36 feet to a point; thence further by same North 63 degrees 05 minutes 1<S seconds East 50 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of' said Chestnut Ridge Drive, South 45 degrees 08 minutes 36 seconds East 250,05 feet to the point and place of Beginning. BEING the same premises which Gene E. Rhoad and Kay D. Rhoad, by Deed dated April 15, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book F36, Page 744, granted and conveyed unto Frederick L. Madeira and Carolyn G. Mareira, husband and wife, which upon the death of Frederick L. Madeira on March 10, 2006 title vested solely in Carolyn G. Madeira, the Grantor herein. EXHIBIT "A" y UC??i 0 ?l O S cj BEING Lot No. 3 on "Final Subdivision Plan of a 20.17 acre Tract of Land for; J.R. Freshman, Gene Rhoad, James Yeager", which said Plan is recorded in thr_ Recorder's Office in and for Cumberland County in Plan Book 38, Page 53. BEING known and numbered as 305 Chestnut Ridge Drive. AND the Grantors hereby covenants and agrees that they will warrant generally the property hereby conveyed. 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 cif: (SEAL) CAY(ULYN G. MADEIRA Certificate of Residence I hereby certify that the precise residence of the Grantees herein is as follows: 3?S G?tet>?.? r???ye 6,; vC , Nt?ct A"cs6?^?5 PA 11 e55 Atx6pt;*y for Grantees 1' I`j (-, ,,I t Acknowledgment COMMONWEALTH OF PENNSYLVANIA COUNTY OF e-m 6,eaiA vcl SS. On this, the l ?4i day of 2()09 , before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Carolyn G. Madeira, widow, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Glenda M. Wethington, Notary Public Camp Hip Boro. Cumberland County my Commission Expires Dec. 27.2010 Member, Pennsylvania Association of Notaries hereunto set my hand and official seal. EA L) Notary Public s q .100 c/ G L-1 G ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200904059 Recorded On 2/1712009 At 9:41:31 AM * Instrument Type - DEED Invoice Number - 37195 User ID - MBL * Grantor - MADEIRA, CAROLYN G * Grantee - AHRENS, THOMAS J * Customer - TRI-COUNTY * FEES STATE TRANSFER TAX $7,500.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $3,750.00 DISTRICT UPPER ALLEN TOWNSHIP $3,750.00 TOTAL PAID $15,048.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ?j oe ° Rre? . ° ° RECORDER O Ze S1760 * - information denoted by an asterisk may change during the verification process and may not be reflected on this page. u?iYui?uu JG{1CIG&t6Sq CREDIT AGREEMENT AND DISCLOSURE Principal Loan Date ' Maturity Loan No Call/ Coll °Account Officer nitUs -$225,000.00 02-1& 2009 230480 lea Jao1 A000556 ** References in the boxes above are for our 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: Thomas J Ahrens Christine M Ahrens 52 Gettysburg Pike Mechanicsburg, PA 17055 Lender: ORRSTOWN BANK SIMPSON STREET OFFICE 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 CREDIT LIMIT: $225,000.00 DATE OF AGREEMENT: February 18, 2009 Introduction. This Credit Agreement and Disclosure ("Agreement") governs your line of credit (the "Credit Line" or the "Credit Line Account") issued through ORRSTOWN BANK. In this Agreement, the words "Borrower," "you," "your," and "Applicant" mean each and every person who signs this Agreement, including all Borrowers named above. The words "we," "us," "our," and "Lender" mean ORRSTOWN BANK. You agree to the following terms and conditions: Promise to Pay. You promise to pay ORRSTOWN BANK, or order, the total of all credit advances and FINANCE CHARGES, together with all costs and expenses for which you are responsible under this Agreement or under the "Mortgage" which secures your Credit Line. You will pay your Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, including credit advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the terms of this Agreement. We can release any Borrower from responsibility under this Agreement, and the others will remain responsible. Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and' will continue until termination of your Credit Line Account. All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon termination. The initial advance on your Credit Line Account, in the amount of $225,000.00, will be made on the Opening Date to be applied toward the purchase of the property securing your Credit Line Account. The period in which advances may be made on your Credit Line Account (the "Draw Period") begins on the Opening Date and will continue as follows: indefinitely. Except for your initial advance, your ability to obtain additional advances will begin following the expiration of your right to cancel. Minimum Payment. Your "Regular Payment" will be based on a percentage of your outstanding balance plus all accrued FINANCE CHARGES as shown below or $25.00, whichever is greater. Your payments will be due monthly. Range of Balances Regular Payment Calculation All Balances 0.556% of your outstanding balance plus all accrued FINANCE CHARGES Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of your Regular Payment. You agree to pay not less than the Minimum Payment on or before the due date indicated on your periodic billing statement. How Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to Finance Charges; then to unpaid principal; then to any voluntary credit life and disability insurance premiums; then to late charges and other charges; and then to any amounts that exceed your Credit Limit. Receipt of Payments. All payments must be made by a check, automatic account debit, electronic funds transfer, money order, or other instrument in U.S. dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received at that address prior to 2:00 PM Eastern Standard Time on any business day will be credited to your Credit Line as of the date received. If we receive payments at other locations, such payments will be credited promptly to your Credit Line, but crediting may be delayed for up to five (5) days after receipt. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Two Hundred Twenty-five Thousand & 00/100 Dollars ($225,000.00), which will be your "Credit Limit" under this Agreement. During the Draw Period we will honor your request for credit advances subject to the section below on Lender's Rights. You may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Your Credit Limit is the maximum amount you may have outstanding at any one time. You agree not to attempt, request, or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Limit. Your Credit Limit will not be increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immediately the amount by which your Credit Line Account exceeds your Credit Limit, even if we have not yet billed you. Any credit advances in excess of your Credit Limit will not be secured by the Mortgage covering your principal dwelling. Charges to your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement, the Mortgage or any other document related to your Credit Line. In addition, we may charge your Credit Line for funds required for continuing insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. We may also, at our option, charge your Credit Line to. pay any costs or expenses to protect or perfect our security interest in your principal dwelling. These costs or expenses include, without limitation, payments to cure defaults under any existing liens on your principal dwelling. If you do not pay your property taxes, we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit advance and will decrease the funds available, if any, under the Credit Line. However, we have no obligation to provide any of the credit advances referred to in this paragraph. Credit Advances. After the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Line as follows Credit Line Checks. Writing a preprinted "Credit Line Check" that we will supply to you. Telephone Request. Requesting a credit advance from your Credit Line to be applied to your designated account by telephone. Except for transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, you acknowledge and you agree that we do not accept responsibility for the authenticity of telephone instructions and that we will not be liable for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine. Overdrafts. Writing a check on your designated checking account with us in excess of the available collected balance in the account. EXHIBIT "B" CREDIT AGREEMENT AND DISCLOSURE Loan No: 230480 (Continued) Page 2 Requests in Person. Requesting a credit advance in person at any of our authorized locations. Other Methods. Internet Banking. If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one Borrower telling us not to give advances to the other. Limitations on the Use of Checks. We reserve the right not to honor Credit Line Checks in the following circumstances: Credit Limit Violation. Your Credit Limit has been or would be exceeded by paying the Credit Line Check. Post-dated Checks. Your Credit Line Check is post-dated. If a post-dated Credit Line Check is paid and as a result any other check is returned or not paid, we are not responsible. Stolen Checks. Your Credit Line Checks have been reported lost or stolen. Unauthorized Signatures. Your Credit Line Check is not signed by an "Authorized Signer" as defined below. Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the Credit Line Check. Transaction Violation. Your Credit Line Check is less than the minimum amount required by this Agreement or you are in violation of any other transaction requirement or would be if we paid the Credit Line Check. If we pay any Credit Line Check under these conditions, you must repay us, subject to applicable laws, for the amount of the Credit Line Check. The Credit Line Check itself will be evidence of your debt to us together with this Agreement. Our liability, if any, for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. We may choose -not to return Credit Line Checks along with your periodic billing statements; however, your use of each Credit Line Check will be reflected on your periodic statement as a credit advance. We do not "certify" Credit Line Checks drawn on your Credit Line. Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line: Credit Line Credit Line Check Limitations. The following transaction limitations will apply to your Credit Line and the writing of Credit Line Checks. Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $100.00. This means any Credit Line Check must be written for at least the minimum advance amount. Telephone Request Limitations. The following transaction limitations will apply to your Credit Line and requesting an advance by telephone. Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $ 100.00. Overdraft Limitations. The following transaction limitations will apply to your Credit Line and writing a check in excess of your checking account balance. Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 20. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $50.00. Other Transaction Requirements. If the credit line balance is less than $50.00, and the overdraft is less than $50.00, the amount of the overdraft will be taken. In Person Request Limitations. The following transaction limitations will apply to your Credit Line and requesting an advance in person. Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $100.00. Other Methods Limitations. The following transaction limitations will apply to your Credit Line and accessing by other methods. Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $100.00. Limitation on All Access Devices. You may not use any access device, whether described above or added in the future, for any illegal or unlawful transaction, and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness. Notwithstanding the foregoing, we may collect on any debt arising out of any illegal or unlawful transaction. Authorized Signers. The words "Authorized Signer" on Credit Line Checks as used in this Agreement mean and include each person who (a) signs the application for this Credit Line, (b) signs this Agreement, or (c) has executed a separate signature authorization card for the Credit Line Account. Lost Credit Line Checks. If you lose your Credit Line Checks or if someone is using them without your permission, you agree to let us know immediately. The fastest way to notify us is by calling us at (717) 532-6114. You also can notify us at our address shown at the beginning of this Agreement. Future Credit Line Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request is voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and conditions of this Agreement will govern any transactions made pursuant to any of these new services. Collateral. You acknowledge this Agreement is secured by the following collateral described in the security instrument listed herein: an Open-End Mortgage dated February 18, 2009, to us on real property located in Cumberland County, Commonwealth of Pennsylvania. Property Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right, for reasonable cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, if you fail to obtain or maintain insurance as required in the Mortgage, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any other remedies available to us, or do any one or more of these things. Further information concerning these property insurance requirements is set forth in the Mortgage. CREDIT AGREEMENT AND DISCLOSURE Loan No: 230480 (Continued) Page 3 Right of Setoff. To the extent permitted by applicable law, we reserve a right of setoff in all your accounts with us (whether checking, savings, or some other account), including without limitation, all accounts you 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. You authorize us, to the extent permitted by applicable law, to charge or setoff all sums owing on this Agreement against any and all such accounts, and, at our option, to administratively freeze all such accounts to allow us to protect our charge and setoff rights provided in this paragraph. Periodic Statements. If you have a balance owing on your Credit Line Account or have any account activity, we will send you a periodic statement. It will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your "Previous Balance," and your "New Balance." Your statement also will identify the Minimum Payment you must make for that billing period and the date it is due. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the date credit advances are posted to your Credit Line. There is no "free ride period" which would allow you to avoid a FINANCE CHARGE on your Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all credit advances made under your Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To get the average daily balance, we take the beginning balance of your Credit Line Account each day, acid any new advances and subtract any payments or credits and any unpaid FINANCE CHARGES. This gives us a daily balance. Then, we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the "average daily balance." Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance described herein. Then we multiply by the number of days in the billing cycle. This is your FINANCE CHARGE calculated by applying a Periodic Rate. Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows. Initially, we will apply the discounted rates shown herein. Thereafter, we start with an independent index which is the Wall Street Prime (the "Index"). We will use the most recent Index value available to us as of the date of any ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged by us on our loans. If the Index becomes unavailable during the term of this Credit Line Account, we may designate a substitute index after notice to you. To determine the Periodic Rate that will apply to your account, we subtract a margin from the value of the Index, round that up to the nearest 0.125°/x, then divide the rounded value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE. The ANNUAL PERCENTAGE RATE includes only interest and no other costs. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or decreases from time to time. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect quarterly. In no event will the corresponding ANNUAL PERCENTAGE RATE be more than the lesser of 18.000% or the maximum rate allowed by applicable law. Today the Index is 3.250% per annum, and therefore the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line are as stated below: Rates During the Discount Period Term of Discount ANNUAL PERCENTAGE Range of Balances Discounted Rate RATE First 12 Months All Balances 3.990% 3.990% 0.01093% The term of the discount period is 12 Months. The interest rate of 3.99% will be calculated and in effect for twelve months from the original date of the Credit Agreement and Disclosure. Current Non-discounted Rates for the First Payment Stream Range of Balance Margin Added or Conditions to Index All Balances -0.250% ANNUAL PERCENTAGE RATE 3.000% Notwithstanding any other provision of this Agreement, we will not charge interest on any undisbursed loan proceeds. Daily Periodic Rate 0.00822% Conditions Under Which Other Charges May Be Imposed. You agree to pay all the other fees and charges related to your Credit Line as set forth below: Returned Items. You may be charged $33.00 if you pay your Credit Line obligations with a check, draft, or other item that is dishonored for any reason, unless applicable law requires a lower charge or prohibits any charge. Fee to Stop Payment. Your Credit Line Account may be charged $35.00 when you request a stop payment on your account. Fee for Excess Number of Transactions. Your Credit Line Account may be charged $35.00 if you exceed the maximum number of transactions allowed per period. Overlimit Charge. Your Credit Line Account may be charged $35.00 if you cause your Credit Line Account to go over your Credit Limit. This includes writing a Credit Line Check in excess of your available balance. Charge for Advance Less than Minimum. Your Credit Line Account may be charged $35.00 if you request a credit advance for less than the minimum advance amount disclosed above, whether we decide to honor it or whether we refuse to honor it, unless applicable law requires a lower charge or prohibits any charge. Miscellaneous Photocopying. If you request a copy of any document, we may charge your Credit Line Account $2.00 Per copy for the time it takes us to locate, copy, and mail the document to you. If your request is related to a billing error (see "Your Billing Rights" notice) and an error is found, we will reverse any photocopying charges. Late Charge. Your payment will be late if it is not received by us within 16 days after the "Payment Due Date" shown on your periodic statement. If your payment is late we may charge you $2.50. Daily Periodic Rate CREDIT AGREEMENT AND DISCLOSURE Loan No: 230480 (Continued) Page 4 Credit Line Check Printing Charge. Your Credit Line Account may be charged $ 10.00 Per order. Lender's Rights. Under this Agreement, we have the following rights: Termination and Acceleration. We can terminate your Credit Line Account and require you to pay us the entire outstanding balance in one payment, and charge you certain fees, if any of the following happen: (1) You commit fraud or make a material misrepresentation at any time in connection with this Credit Agreement. This can include, for example, a false statement about your income, assets, liabilities, or any other aspects of your financial condition. (2) You do not meet the repayment terms of this Credit Agreement. (3) Your action or inaction adversely affects the collateral for the plan or our rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. Suspension or Reduction. In addition to any other rights we may have, we can suspend additional extensions of credit or reduce your Credit Limit during any period in which any of the following are in effect: (1) The value of your property declines significantly below the property's appraised value for purposes of this Credit Line Account. This includes, for example, a decline such that the initial difference between the Credit Limit and the available equity is reduced by fifty percent and may include a smaller decline depending on the individual circumstances. (2) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material change in your financial circumstances. (3) You are in default under any material obligations of this Credit Line Account. We consider, all of your obligations to be material. Categories of material obligations include the events described above under Termination and Acceleration, obligations to pay fees and charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the property or proceeds, obligations to pay and perform the terms of any other deed of trust, mortgage or lease of the property, obligations to notify us and to provide documents or information to us (such as updated financial information), obligations to comply with applicable laws (such as zoning restrictions), and obligations of any comaker. No default will occur until we mail or deliver a notice of default to you, so you can restore your right to credit advances. (4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement. (5) The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is less than one hundred twenty percent (120%) of the Credit Limit. (6) We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice. Change in Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time, if the change will unequivocally benefit you throughout the remainder of your Credit Line Account, or if the change is insignificant (such as changes relating to our data processing systems). If the Index is no longer available, we will choose a new (Index and margin. The new Index will have an historical movement substantially similar to the original Index, and the new Index and margin will result in an ANNUAL PERCENTAGE RATE that is substantially similar to the rate in effect at the time the original index becomes unavailable. We may prohibit additional extensions of credit or reduce your Credit Limit during any period in which the maximum ANNUAL PERCENTAGE RATE under your Credit Line Account is reached. Collection Costs. We may hire or pay someone else to help collect this Agreement if you do not pay. You will pay us that amount. This includes, subject to any limits under applicable law, our reasonable attorneys' fees and our legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, you also will pay any court costs, in addition to all other sums provided by law. Access Devices. If your Credit Line is suspended or terminated, you must immediately return to us all Credit Line Checks and any other access devices. Any use of Credit Line Checks or other access devices following suspension or termination may be considered fraudulent. You will also remain liable for any further use of Credit Line Checks or other Credit Line access devices not returned to us. Delay in Enforcement. We may delay or waive the enforcement of any of our rights under this Agreement: without losing that right or any other right. If we delay or waive any of our rights, we may enforce that right at any time in the future without advance notice. For example, not terminating your account for non-payment will not be a waiver of our right to terminate your account in the future if you have not paid. Cancellation by you. If you cancel your right to credit advances under this Agreement, you must notify us and return all Credit Line Checks and any other access devices to us. Despite cancellation, your obligations under this Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement. Prepayment. You may prepay all or any amount owing under this Credit Line at any time without penalty,. except we will be entitled to receive all accrued FINANCE CHARGES, and other charges, if any. Payments in excess of your Minimum Payment will not relieve you of your obligation to continue to make your Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. You agree not to send us payments marked "paid in full", "without recourse", or similar language. If you send such a payment, we may accept it without losing any of our rights under this Agreement, and you will remain obligated to pay any further amount owed to us. 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. Notices. All notices will be sent to your address as shown in this Agreement. Notices will be mailed to you at a different address if you give us written notice of a different address. You agree to advise us promptly if you change your mailing address. Annual Review. You agree that you will provide us with a current financial statement, a new credit application, or both, annually, on forms provided by us. Based upon this information we will conduct an annual review of your Credit Line Account. You also agree we may obtain credit reports on you at any time, at our sole option and expense, for any reason, including but not limited to determining whether there has been an adverse change in your financial condition. We may require a new appraisal of the Property which secures your Credit Line at any time, including an internal inspection, at our sole option and expense. You authorize us to release information about you to third parties as described in our privacy policy and our Fair Credit Reporting Act notice, provided you did not opt out of the applicable policy, or as permitted by law. Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or transfer your Credit Line Account and our rights and obligations under this Agreement to another lender, entity, or person, and to assign our rights urder the Mortgage. Your rights under this Agreement belong to you only and may not be transferred or assigned. Your obligations, however, are binding on your heirs and legal representatives. Upon any such sale or transfer, we will have no further obligation to provide you with credit advances or to perform any other CREDIT AGREEMENT AND DISCLOSURE Loan No: 230480 (Continued) Page 5 obligation under this Agreement. Tax Consequences. You understand that neither we, nor any of our employees or agents, make any representation or warranty whatsoever concerning the tax consequences of your establishing and using your Credit Line, including the deductibility of interest, and that neither we nor our employees or agents will be liable in the event interest on your Credit Line is not deductible. You should consult your own tax advisor for guidance on this subject. 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 inaccuracy0es) should be sent to us at the following address: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257. Jury Waiver. We and you hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either us or you against the other. Overdraft Protection. You may obtain credit advances under your Credit Line by writing a check on your checking account(s) 11 1000979 with us in excess of the available collected balance in the account(s). . Caption Headings. Caption headings in this Agreement are for convenience purposes only and are rot to be used to interpret or define the provisions of this Agreement. Interpretation. You agree that this Agreement, together with the Mortgage, is the best evidence of your agreements with us. If we go to court for any reason, we can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to prove what you owe us or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as the original. You agree that, except to the extent you can show there is a billing error, your most current periodic statement is the best evidence of your obligation to pay. Severability. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. Acknowledgment. You understand and agree to the terms and conditions in this Agreement. By signing this Agreement, you acknowledge that you have read this Agreement. You also acknowledge receipt of a completed copy of this Agreement, including the Fair Credit Billing Notice and the early home equity line of credit application disclosure, in addition to the handbook entitled "What you should know about Home Equity Lines of Credit," given with the application. This Agreement is dated February 18, 2009. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X ?-y (Seal) Thoma J jh.Airi X t1Ut-?lw "1 'A °f ?f Lt tii?/j? (Seal) Christine M Ahrens FES-13-2008 09:32AM FROWTRiCOUNTY ABSTRACT 17177613830 T-087 P 006/006 F-041 III FIRST AMERICAN TITLE INSURANCE CO. Commitment Number. AH.Ra9-09 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this'lCommitment is described as follows; ALL THAT CERTAIN piecee, parcel or tract of land situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania'; more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Chestnu=t Ridge Drive at the dividing line between Lots Nos. 3 and 4 on the plan of lots hereinal er mentioned; thence along the dividing line between Lots 3 and 4, South 44 degrees 51 minutes 23 seconds Wiest 583.09 feet to a point on line of lands now or formerly of Merle Stambaugh; thence along line of lands now ornate of Merle Stambaugh; North 51 degrees 40 minutes 00 seconds West 420.93 feet to a point at the dividing line between Lois Nos. 2 and 3 on the plan of lots hereinafter mentioned; thence along said dividing line between?ILots Nos. 2 and 3, North 54 degrees 34 minutes 36 seconds East 400 feet to a point; thence further by same North 69 degrees 02 minutes 30 seconds East 207.36 feet to a point; thence further by same North 63 degrees 05 minutes 16 seconds East 50 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees 08 minutes 37 seconds East 250.05 feet to the point and place of BEGINNING. I ALTA Cornmit+neni Sc)entde C i? (AHFt49-09.PFC/AHR48.(1914) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200905269 Recorded On 2/25/2009 At 12:02:03 PM * Instrument Type - MORTGAGE Invoice Number - 37893 User ID - MSW * Mortgagor - AHRENS, THOMAS J * Mortgagee - ORRSTOWN BANK * Customer - ORRSTOWN BANK * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $17.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $54.50 * Total Pages - 8 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA 4 °p CUMe ,O RECORDER O D EDS 1780 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIINIIIIAIIIf ?LA IIIIIIIIIIIIIIIIIIIII -? ? 00199E Parcel Identification Number- 42-10-0646-044 RECORDATION REQUESTED BY: ORRSTOWN BANK SIMPSON STREET OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK 2695 PHILADELPHIA AVENUE CHAMBERSBURG, PA 17201 FOR RECORDER'S USE ONLY OPEN - END MORTGAGE AND SECURITY AGREEMENT THIS IS A PURCHASE MONEY MORTGAGE (This instrument is an open-end mortggagge and secures future advances pursuant to 42 Pa. C.S. §§ 8143 and 8144, Act No. 126 of f990) Amount Secured Hereby: $225,000.00 THIS MORTGAGE dated February 18, 2009, is made and executed between Thomas J Ahrens and Christine M Ahrens, whose address is 52 Gettysburg Pike, Mechanicsburg, PA 17055 (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 "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, 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 305 Chestnut Ridge, Mechanicsburg, PA 17055. The Real Property parcel identification number is 42-10-0646-044. REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness including, without limitation, a revolving line of credit, which obligates Lender to make advances to Grantor unless Grantor fails to comply with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Grantor and Lender that this Mortgage secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance, plus interest. The initial advance under the terms of the Credit Agreement is to be applied toward the purchase of the Property. 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 EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. 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 good 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; EXHIBIT "Crr MORTGAGE (Continued) Page 2 (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and 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, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or stiffer 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 and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, 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. 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, 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 the Existing Indebtedness referred to in this Mortgage or 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 Lendercash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a 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: MORTGAGE (Continued) Page 3 Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. 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 (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 Lender that the Property is located in a special flood hazard area, for the maximum amount of Grantor's credit line and the full unpaid principal balance of 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 (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 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. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Leander believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement 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 Credit Agreement 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 Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. 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 the Existing Indebtedness section below 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 fill 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 Promises. All promises, agreements, and statements Grantor has made 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 is paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The fallowing 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 MORTGAGE (Continued) Page 4 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, 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 Credit Agreement; 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 of 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 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 shalt 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 Idebtor) 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 Credit Agreement, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage 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, terminates the credit line account, 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. Grantor will be in default under this Mortgage if any of the following happen: (A) Grantor commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Grantor's income, assets, liabilities, o any other aspects of Grantor's financial condition. (B) Grantor does not meet the repayment terms of the Credit Agreement. iCt Grantor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. 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 MORTGAGE (Continued) Page 5 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 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. 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 Credit Agreement 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 will 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. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. 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 Credit Agreement 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 reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable 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 and notices pursuant to 42 Pa. C.S.A. Section 8143, at. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person'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. It will be Grantor's responsibility to tell the others of the notice from Lender. ADVANCE MONEY MORTGAGE. (A) This Mortgage secures future advances made pursuant to the Credit Agreement or Related Documents. Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks of any kind or nature described in 42 Pa. C.S.A. § 8144, (B) If Grantor sends a written notice to Lender which purports to limit the indebtedness secured by this Mortgage and to release the obligation of Lender to make any additional advances to or for the benefit of Grantor, such a notice shall be ineffective as to any future advances made: (1) to enable completion of the improvements on the Real Property for which the loan secured hereby was originally made; (2) to pay taxes, assessments, maintenance charges and insurance premiums; (3) for costs incurred for the protection of the Property or the lien of this Mortgage; (41 on account of expenses incurred by Lender by reason of a default of Grantor hereunder or under the Related Documents or under the Credit Agreement; and (5) on account of any other costs incurred by Lender to protect and preserve the Property or the lien of this Mortgage. It is the intention of the MORTGAGE (Continued) Page 6 parties hereto that any such advance made by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. 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. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or unenforceable. 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 words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Thomas J Ahrens and Christine M Ahrens and includes all co-signers and co-makers signing the Credit Agreement and all their successors and assigns. i Credit Agreement. The words "Credit Agreement" mean the credit agreement dated February 18, 2009, with credit limit of $225,000.00 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. NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. 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 Superfund Amendments and Reauthorization Act of 1986, 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 6901, 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. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word "Grantor" means Thomas J Ahrens and Christine M Ahrens. 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 Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. Lender. The word "Lender" means OFIRSTOWN BANK, its s ccessors end assigns The words "successors or assigns" mean any person or company that acquires any interest in the Credit Agreement. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. 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 MORTGAGE (Continued) Page 7 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 OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X ::?? / (Seal) Thom s J Ah ens X 17 - f CYIa F t it (Seal) Christine M hrens Signed, acknowledged and delivered in the presence of: X "? ---1 wuAt rx? Witness Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows: SIMPSON STREET OFFICE, 77 EAST KING STREET, P 0 BOX 250. SHIPPENSBURG, PA 17257 a Attorney or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF Ida w? ?tl?,p r) ) On this, the day of `6-Y11Gy,.1 20 C before me ti1\(?U.,i t\? r? the undersigned Notary Public, personally appeared Thomas J Ahrens and Christine M Ahr ns, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offici 1 s al. ,? ?? OOMMONWCA TH Q - P N 9YLVA ?,?' N ? otarial Seal Mindy Dolbin, Notary Public Mechanicsburg Boro, Cumberland Courdy Notary Public in and for the State of My Commission Expires Sept 5, 2011 Member, Pennsylvania Association of Notaries LASER PRO Lending, Ver. 5.43.00.003 Copr. Harland Financial Solutions, Inc. 1997, 2009. All Rights Reserved. PA c:\CFI\LPL\G03.FC TR-22045 PR-125 Cy nr T JJJ i - Sheriffs Office of Cu berland County c1 R Thomas Kline -? °V Sheriff Ronny R Anderson Chief Deputy . LJ? jIi ?• Jody S Smith f la ?l r.l"?'{ Civil Process Sergeant OFF fC-,6 OF THE -,?-:RIFF Edward L Schorpp Solicitor Orrstown Bank vs. Thomas J. Ahrens Case Number 2009-4410 SHERIFF'S RETURN OF SERVICE 07/13/2009 05:55 PM - R. Thomas Kline, Sheriff, who being duly diligent search and inquiry for the within named defer locate him in his bailiwick. He therefore returns the v found as to the defendant Thomas J. Ahrens. Kristei PA 17050 residence stated the Ahren's moved to Dill available. 07/13/2009 05:55 PM - R. Thomas Kline, Sheriff, who being duly diligent search and inquiry for the within named defer locate her in his bailiwick. He therefore returns the m as to the defendant Christine M. Ahrens. Kristen Hui 17050 residence stated the Ahren's moved to DillsbL available. worn according to law, states that he made a cant to wit: Thomas J. Ahrens, but was unable to thin Complaint in Mortgage Foreclosure as not Hunt, owner of 2112 Foxfire Drive Mechanicsburg, burg, PA two years ago. An exact address is not sworn according to law, states that he made a dant to wit: Christine M. Ahrens, but was unable to thin Complaint in Mortgage Foreclosure as not founc t, owner of 2112 Foxfire Drive Mechanicsburg, PA g, PA two years ago. An exact address is not SHERIFF COST: $63.44 July 14, 2009 SO ANSWERS, S? 71 _ c;J d ,??r?G'l fbf-R THOMAS KLINE, SHERIFF ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 4410 CIVIL TERM MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE Please reinstate the Complaint filed in the above matter. Date: July 28, 2009 Respectfully submitted, AB?I?IEN, S E R David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 jtl?( ;` r; SAY OF 2009 JUL 2Q PH 2: 2 7 t, u I U. Q 0y Oa t'r c g- Sf 5 ?? Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?Q??,titr nt ?u,nLrrt??? s FILED-sti r OF TRE r Orrstown Bank vs. Thomas J. Ahrens 2049 SEP - 4 AM 9: 41 Ct Jsr -""ANT 11V; 1, i'A Case Number 2009-4410 SHERIFF'S RETURN OF SERVICE 08/13/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Christine M. Ahrens, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Christine M. Ahrens. Defendant advised Deputy's on the phone her current address is 35 Central View Road Dillsburg, PA 17109. 08/13/2009 01:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2009 at 1315 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Thomas J. Ahrens, by making known unto himself personally, defendant at 52 Gettysburg Pike Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/14/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Christine M. Ahrens, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 08/21/2009 05:47 PM - York County Return: And now August 21, 2009 at 1747 hours I, Richard P. Keuerleber, Sherif of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christine M. Ahrens, by making knowr unto herself personally, at 35 Central View Drive Dillsburg, PA 17019 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $80.94 SO ANSWERS, August 28, 2009 R THOMAS KLINE, SHERIFF X By KI Deputy Sheriff COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN 'PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/SI ORRSTOWN BANK 3 DEFENDANTISI HC14AS J. AHRENS & CHRISTINE M. AHRENS SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF r CHRISTINE M. AHRENS TO BE LEVIED, ATTACHED, OR SOLD 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO ,CITY, BORO. TWP .STATE AND ZIP CODE) AT 7 INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE1 DEPUTIZE 4=t CERT MAIL U 1ST CLASS MAIL U POSTED -? OTHER NOW AUGUST 14 2002_ I, SHERI F COON d ereby deputize the sheriff of YORK COUNTY to execute thi - fit nth carding to law. This deputization being made at the request and risk of the plaintiff., SHERIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE II , g, ?` E OUT OF CO CUMBERLAND JIM= ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheni f levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED DAVID A. BARIC 17-259-6873 7/28/2009 19 WEST SOUTH STREET CARLISLE, PA 17013 ,gqTIW Cx>j? ?f ? a?4 1 AD SIE P?1: (This area must be completed A notice is to be mailed) 121 (FEW CWISVRLAND SHERIF OF I CUMBERLAND CO SHERIFF 1 COURTHOUSE SQUARE, ROOM 303 CARLISLE, PA 17013 SPACE BELOW FOR USE OF THE SHER" = DO NOT WRITE BELOW THIS LNE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. 8-27-09 16. HOW SERVED: PERSONA 6 RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW IT O 1 hereby certify and return a N?f F?TIND because I am unable to locate the individual, company, etc. named above. (See remarks below.) llk_NA,(IE "P TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. D e of ervice 20 Time ' n isil r\ f- r `' v v 21. ATTETAPTSLQ2& 41 T j%& Int. Date 41 1 309 s Time Int Dale Time Miles Int. Dale Time Miles Int. Date Ti Mil Int. Date Time Miles At. 22. REMARKS T 23. Advance Costs 24 Service Costs 25 N/F 26 Mileage 2 810 .00 t 1 oa a.as 34. Foreign County Costs 35. Advance Costs 36 Service Costs ostage 28 Sub Total 29. Pound 30 Notary 31 Surchg. 32 Tot. Costs 33 Costs Due efund Check Nc ©, 16 ?' ?,f a 37 Notary Cert 38 Mileage/Postage/Not FOMPO 39 Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to loaf me this Signature of } If` V 42 day of ?II?Shenff "CE7MM Y 46. Signature of York . DATE NOTARIAL SEAL County Sheriff FLISA L. THORPE, NOTARY PUBLIC RICHARD P. KEUERL'l$; cS 1`F w, 8-25-09 CITY OF YORK, YORK COUNTY 49 DATE OMMISS!^,N EXPIRES AUG. 12, 2013 48 SiCountynature Sheri of ff Foreign 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 2 COURTNUMBER 2009-4410 - 4. TYPE OF WRIT OR COMPLAIIJIMF, NOTICI; COMPLAINT IN MORTGAGE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY -Sheriff's Office 4. BLUE - Sherdfs Office bd NNOA v 93 1 ON aw ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- 4410 CIVIL TERM THOMAS J. AHRENS and CHRISTINE M. AHRENS, MORTGAGE FORECLOSURE husband and wife, Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendants, Thomas J. Ahrens and Christine M. Ahrens, for failure to file an answer to the Complaint of Plaintiff. True and correct copies of the Notices of Default are appended hereto as Exhibit "A." True and correct copies of the Certificates of Mailing for the Notices of Default are appended hereto as Exhibit "B." I certify that the Notices of Default were given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $242,201.34 with interest calculated to October 13, 2009 and at the per diem rate of $24.60 thereafter. Respectfully submitted, 'BRIEN, RIC & RER David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants TO: Thomas J. Ahrens 52 Gettysburg Pike IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 4410 CIVIL TERM MORTGAGE FORECLOSURE Mechanicsburg, Pennsylvania 17050 Date of Notice: September 30, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 N, B AND S RER David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 EXHIBIT "A" ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 4410 CIVIL TERM . MORTGAGE FORECLOSURE TO: Christine M. Ahrens 35 Central View Drive Dillsburg, Pennsylvania 17019 Date of Notice: September 30, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE. PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 N, B RER Y David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 U.S. POSTAL SERVICE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: 0' Bnfn , Bo?r?c? °? Srh?x?+r tq ?? Sough Strom Corltst? PA noes One piece of ordinary mail addressed to: -fhomas J . Ahru-6 ? Cs? sbu P K? Difx"han csbu PR t'1050 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: d' BrI u1 I &riu CA- &. N 19 W tl$f `SOU+h Strf. f Ca IN& PR 1-7013 One piece of ordinary mail addressed to: ?hri?hn? rY! . R??r?.ns 35 C W Vow Drive, W14%% PIA 1-1011 PS Form 3817. Mar. 1989 e o o s ??iT '0 to ' ^ 4wm r cV l r s M o K;?D"y_ ITT . Fo" , J rD D EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on October 13, 2009, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Thomas J. Ahrens Christine M. Ahrens 52 Gettysburg Pike 35 Central View Drive Mechanicsburg, Pennsylvania 17050 Dillsburg, Pe sylvania 019 David A. Baric, Esquire FILED-'O;-TIrE OF THE P -1Dr'_'ClN0TAPY 2009 OCT 15 PM 4: 18 CUP"_:? r;r-?h /y- 0D hod , 44 2?/?? ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2009- 4410 CIVIL TERM THOMAS J. AHRENS and CHRISTINE M. AHRENS, MORTGAGE FORECLOSURE husband and wife, Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Thomas J. Ahrens 52 Gettysburg Pike Mechanicsburg, Pennsylvania 17050 Notice is hereby given to you of entry of a judgment against you in the above matter. Prothonotary/,AZ- Date: ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff v. NO. 2009- 4410 CIVIL TERM THOMAS J. AHRENS and CHRISTINE M. AHRENS, 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. Names and addresses of owners or reputed owners: Thomas J. Ahrens Christine M. Ahrens 2 52 Gettysburg Pike Mechanicsburg, Pennsylvania 17050 35 Central View Drive Dillsburg, Pennsylvania 17019 Names and addresses of the defendants in the judgment: Thomas J. Ahrens 52 Gettysburg Pike Mechanicsburg, Pennsylvania 17050 Christine M. Ahrens 35 Central View Drive Dillsburg, Pennsylvania 17019 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Cumberland County Tax Claim Bureau Cumberland County Domestic Relations PA SCDU One Courthouse Square Carlisle, Pennsylvania 17013 13 North Hanover Street Carlisle, Pennsylvania 17013 P.O. Box 69110 Harrisburg, Pennsylvania 17106 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 5. 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 Carolyn Madeira 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 Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n/a 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which 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 authorities. Date: ~ ~ ~ ~ c~`a i~~~/~. David A. Baric, Esquire Attorney for Plaintiff 1 LEGAL DESCRIPTION ALL that certain piece, parcel or tract of land situate in the township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Chestnut Ridge Drive at the dividing line between Lots Nos. 3 and 4 on the plan of lots hereinafter mentioned; thence along the dividing line between Lots 3 and 4, South 44 degrees 51 minutes 23 seconds West 583.09 feet to a pont on line of lands now or formerly of Merle Stambaugh; thence along line of lands now or late of Merle Stambaugh, North 51 degrees 40 minutes 00 seconds West 420.93 feet to a point at the dividing line between Lots Nos. 2 and 3 on the plan of lots hereinafter mentioned; thence along said dividing line between Lots No. 2 and 3, North 53 degrees 34 minutes 36 seconds East 400 feet to a point; thence further by same North 69 degrees 02 minutes 30 seconds East 207.36 feet to a pont; thence further by same North 63 degrees OS minutes, 18 seconds East 50 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees 08 minutes 36 seconds East 250.05 feet to the point and place of Beginning. BEING the same premises which Carolyn G. Madeira by Deed dated February 12, 2009 and record in the Office of the Recorder of Deeds in and for Cumberland County, recorded on February 17, 2009 at Instrument No. 200904059, granted and conveyed unto Thomas J. Ahrens and Christine M. Ahrens, husband and wife, Grantor herein. BEING Lot No. 3 on the "Final Subdivision Plan of a 20.17 acre Tract of Land for J.R. Freshman, Gene Rhoad, James Yeager," which said Plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 38, Page 83. PARCEL NO. 42-10-0646-044 EXHIBIT "A" ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA N0.2009- 4410 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which are the subject of this action and Notice of Sale is located at 305 Chestnut Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania, with a parcel number of 42-10-0646-044 and described as follows: ALL that certain piece, parcel or tract of land situate in the township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Chestnut Ridge Drive at the dividing line between Lots Nos. 3 and 4 on the plan of lots hereinafter mentioned; thence along the dividing line between Lots 3 and 4, South 44 degrees 51 minutes 23 seconds West 583.09 feet to a pont on line of lands now or formerly of Merle Stambaugh; thence along line of lands now or late of Merle Stambaugh, North 51 degrees 40 minutes 00 seconds West 420.93 feet to a point at the dividing line between Lots Nos. 2 and 3 on the plan of lots hereinafter mentioned; thence along said dividing line between Lots No. 2 and 3, North 53 degrees 34 minutes 36 seconds East 400 feet to a point; thence further by same North 69 degrees 02 minutes 30 seconds East 207.36 feet to a pout; thence further by same North 63 degrees OS minutes, 18 seconds East 50 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees 08 minutes 36 seconds East 250.05 feet to the point and place of, Beginning. BEING the same premises which Carolyn G. Madeira by Deed dated February 12, 2009 and record in the Office of the Recorder of Deeds in and for Cumberland County, recorded on February 17, 2009 at Instrument No. 200904059, granted and conveyed unto Thomas J. Ahrens and Christine M. Ahrens, husband and wife, Grantor herein. BENG Lot No. 3 on the "Final Subdivision Plan of a 20.17 acre Tract of Land for J.R. Freshman, Gene Rhoad, James Yeager," which said Plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 38, Page 83. PARCEL NO. 42-10-0646-044 2) If you have any questions concerning this Notice, you should contact your . attorney. 3) The time and place of the Sheriffs Sale is Wednesday, March 3, 2010 at 10:00 a.m., in the Sheriff s Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 4) The sale is being held on Judgment entered in Orrstown Bank v. Thomas J. Ahrens and Christine M. Ahrens docketed to 2009-4410 in the Court of Common Pleas of Cumberland County. 5) The names of the owners or reputed owners are Thomas J. Ahrens and Christine M. Ahrens. NOTICE OF SCHEDULING OF DISTRIBUTION 6) A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, O'BRIEN, BARIC & S ERER David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 LEGAL DESCRIPTION ALL that certain piece, parcel or tract of land situate in the township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Chestnut Ridge Drive at the dividing line between Lots Nos. 3 and 4 on the plan of lots hereinafter mentioned; thence along the dividing line between Lots 3 and 4, South 44 degrees 51 minutes 23 seconds West 5$3.09 feet to a pout on line of lands now or formerly of Merle Stambaugh; thence along line of lands now or late of Merle Stambaugh, North 51 degrees 40 minutes 00 seconds West 420.93 feet to a point at the dividing line between Lots Nos. 2 and 3 on the plan of lots hereinafter mentioned; thence along said dividing line between Lots No. 2 and 3, North 53 degrees 34 minutes 36 seconds East 400 feet to a point; thence further by same North 69 degrees 02 minutes 30 seconds East 207.36 feet to a pont; thence fiirther by same North 63 degrees OS minutes, 18 seconds East 50 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees OS minutes 36 seconds East 250.05 feet to the point and place of Beginning. BEING the same premises which Carolyn G. Madeira by Deed dated February 12, 2009 and record in the Office of the Recorder of Deeds in and for Cumberland County, recorded on February 17, 2009 at Instrument No. 200904059, granted and conveyed unto Thomas J. Ahrens and Ch,~istine M. Ahrens, husband and wife, Grantor herein. BEING Lot No. 3 on the "Final Subdivision Plan of a 20.17 acre Tract of Land for J.R. Freshman, Gene Rhoad, James Yeager," which said Plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 38, Page 83. PARC~:L NO. 42-10-0646-044 WRIT OF EXECUTION and/or ATTACHMENT 1 ,~ COMMONWEALTH OF PENNSYLVANIA) N02009-4410 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Orrstown Bank 77 East King Street Shippensburg, PA 17257 Plaintiff (s) From Thomas J. Ahrens and Christine M. Ahrens, husband and wife (I) You are directed to levy upon the property of the defendant (s)and to sell See legal description . (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $239,273.84 Interest to 10/29/09 (per diem $24.60) Atty's Comm Atty Paid $273.38 Plaintiff Paid Date: November 19, 2009 (Seal) REQUESTING PARTY: Name David A. Baric, Esq. Address: 19 West South Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-6873 Supreme Court ID No. 44853 L.L.$.50 $3,321.00 Due Prothy $2.00 Other Costs ~~~ ~~G' ~~i ~ ~" Curtis R. Long, Prothonotary '7 - , Deputy On November 24, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper A11en Township, Cumberland County, PA, Known and numbered 305 Chestnut Ridge Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 24, 2009 By: Real Estate Coordinator ,!:. ~^~> ~~ 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 HORIZON RESIDENTIAL LOAN SERVICING LLC is the grantee the same having been sold to said grantee on the 3RD day of MARCH A.D., 2010, under and by virtue of a writ Execution issued on the 15TH day of JULY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 1408, at the suit of ORRSTOWN BANK against UNIFIED REAL ESTATE HOLDINGS LLC is duly recorded as Instrument Number 201010177. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~ day of ~. ~ ,; ~` ~ ~- cor er of Deeds C~Acf~M,wt ~~HERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~t c.~n ';rr,, ~~ati ' ,''~'~ ~' ~~~ -- ;'=' _ t~ f LJj;j '`""'MAY 10 AM If ~ ~4 c~ ~, ~i_;}r Jody S Smith Chief Deputy Edward L Schorpp Solicitor Orrstown Bank vs. Thomas J. Ahrens (et al.) Case Number 2009-4410 SHERIFF'S RETURN OF SERVICE 12/21/2009 04:09 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 1609 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 Thomas J. Ahrens & Christine M. Ahrens, located at, 305 Chestnut Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 02/22/2010 Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 12/21/09 at 1517 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: Thomas Ahrens, by making known unto, Thomas Ahrens, personally, at, 52 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same 02/22!2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Christine M. Ehrens, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return and now the, 8th day of January, 2010, served the within Real Estate Writ, Notice of Sale and Description upon Christine M. Ahrens, the defendant, by making known unto Judd Ahrens, (father in law), at, 35 Central View Drive, Dillsburg, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Terry Drawbaugh, Deputy Sheriff of York County, Pennsylvania. 03/03/2010 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 March 3, 2010 at 10:00 o'clock A.M. He sold the same for the sum 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 $ 1003.30 SHERIFF COST: $1,003.30 SO ANSWERS, May 10, 2010 RON R ANDERSON, SHERIFF ~~ ~~ F,~ ~ C~~ . _? - G~ ~,~ . C~ . SZ' ~..L ~~~ . L'~ ~ 7_S'.~~ ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants Names and addresses of owners or reputed owners: 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 Thomas J. Ahrens Christine M. Ahrens 2 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 4410 CIVIL TERM MORTGAGE FORECLOSURE 52 Gettysburg Pike Mechanicsburg, Pennsylvania 17050 35 Central View Drive Dillsburg, Pennsylvania 17019 Names and addresses of the defendants in the judgment: Thomas J. Ahrens 52 Gettysburg Pike Mechanicsburg, Pennsylvania 17050 Christine M. Ahrens 35 Central View Drive Dillsburg, Pennsylvania 17019 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Cumberland County Tax Claim Bureau Cumberland County Domestic Relations PA SCDU Name and address of every other person who has any record lien on the property: 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 5 Orrstown Bank Cumberland County Tax Claim Bureau Cumberland County Domestic Relations PA SCDU Carolyn Madeira 6 One Courthouse Square Carlisle, Pennsylvania 17013 13 North Hanover Street Carlisle, Pennsylvania 17013 P.O. Box 69110 Harrisburg, Pennsylvania 17106 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 Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n/a 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which 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 authorities. / ` ti Date: ~ f { ~~Cl "~ ! r r David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain piece, parcel or tract of land situate in the township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Chestnut Ridge Drive at the dividing line between Lots Nos. 3 and 4 on the plan of lots hereinafter mentioned; thence along the dividing line between Lots 3 and 4, South 44 degrees 51 minutes 23 seconds West 583.09 feet to a pont on line of lands now or formerly of Merle Stambaugh; thence along line of lands now or late of Merle Stambaugh, North 51 degrees 40 minutes 00 seconds West 420.93 feet to a point at the dividing line between Lots Nos. 2 and 3 on the plan of lots hereinafter mentioned; thence along said dividing line between Lots No. 2 and 3, North 53 degrees 34 minutes 36 seconds East 400 feet to a point; thence further by same North 69 degrees 02 minutes 30 seconds East 207.36 feet to a pont; thence further by same North 63 degrees OS minutes, 18 seconds East 50 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees 08 minutes 36 seconds East 250.05 feet to the point and place of Beginning. BEING the same premises which Carolyn G. Madeira by Deed dated February 12, 2009 and record in the Office of the Recorder of Deeds in and for Cumberland County, recorded on February 17, 2009 at Instrument No. 200904059, granted and conveyed unto Thomas J. Ahrens and Christine M. Ahrens, husband and wife, Grantor herein. BEING Lot No. 3 on the "Final Subdivision Plan of a 20.17 acre Tract of Land for J.R. Freshman, Gene Rhoad, James Yeager," which said Plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 38, Page 83. PARCEL NO. 42-10-0646-044 EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF' CUMBERLAND) N02009-4410 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Orrstown Bank 77 East King Street Shippensburg, PA 17257 Plaintiff (s) From Thomas J. Ahrens and Christine M. Ahrens, husband and wife (1) You are directed to levy upon the property of the defendant (s)and to sell See legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $239,273.84 L.L.$.50 Interest to 10/29/09 (per diem $24.60) 53,321.00 Atty's Comm % Due Prothy $2.00 Atty Paid 5273.38 Plaintiff Paid Other Costs Date: November 19, 2009 (Seal) ~~? ~Y ~'. Curtis R. Long, Prothonotary v ~... , Deputy REQUESTING PARTY: Name David A. Baric, Esq. Address: 19 West South Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-6873 Supreme Court ID No. 44853 ~ + ~;~;, In Test m ~-~~€~d and the see c" ~- - - ~, ~'~. J;_ ~ ~ This o '~<'?!'...., ~'~ ._ .. ....... Prothonotary . On November 24, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 305 Chestnut Ridge Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 24, 2009 By: ,. . ~_~ Real Estate Coordinator _~~ ;r __-~,,- ~.. `~ CSC. ~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29, and February 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~. isa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 ' f ,-/ .. Notary ~~ NUTAR(AL SEAL DE80RA~4 A COLLINS Notary P~~bli;, ~ CARl15LE BORO, CUf~9SSRL~it~`D CC~UTvTY My Comn-ussion E~epires ~~~~,r 78, :?wi] ;~ Writ No. 2009-4410 Civil Orrstown Bank vs. Thomas J. Ahrens Christine M. Ahrens Atty: David A. Baric ALL that certain piece, pazcel or tract of land situate in the township of Upper Allen, County of Cumber- landand State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Chestnut Ridge Drive at the dividing line between Lots Nos. 3 and 4 on the plan of lots hereinafter mentioned; thence along the dividing line between Lots 3 and 4, South 44 degrees 51 minutes 23 seconds West 583.09 feet to a pont on line of lands now or formerly of Merle Stambaugh; thence along line of lands now or late of Merle Stambaugh, North 51 degrees 40 minutes 00 seconds West 420.93 feet to a point at the dividing line between Lots Nos. 2 and 3 on the plan of lots hereinafter mentioned; thence along said dividing line be- tween Lots No. 2 and 3, North 53 degrees 34 minutes 36 seconds East 400 feet to a point; thence further by same North 69 degrees 02 minutes 30 seconds East 207.36 feet to a pont; thence further by same North 63 degrees 05 minutes, 18 seconds East 50 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees 08 minutes 36 seconds East 250.05 feet to the point and place of Beginning. BEING the same premises which Cazolyn G. Madeira by Deed dated February 12, 2009 and record in the Office of the Recorder of Deeds in and for Cumberland County, recorded on February 17, 2009 at Instrument No. 200904059, granted and conveyed unto Thomas J. Abrens and Chris- tine M. Ahrens, husband and wife, Grantor herein. BEING Lot No. 3 on the "Final Subdivision Plan of a 20.17 acre Tract of Land for J.R. Freshman, Gene Rhoad, James Yeager,° which said Plan is recorded in the Record- er's Office in and for Cumberland County in Plan Book 38, Page 83. PARCEL NO. 42-10-0646-044. PROPERTY ADDRESS: 305 Chest- nut Ridge Drive, Mechanicsburg, PA 17055. . The Patriot-News C~. 8'12,Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~e~latriot News Now you know CARLISLE PA 17013 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: 01/22/10 J ~~. m L _- Sworn to ~ ubscribed before me this 24 i~ay~of~ebruary, 2010 A.D. _ ,i Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisser, Notary Public City Of Harrisburg, Dauphin County My Commission mires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 01 /29/10 02/05/10 Docket Number: 2009-4410 Clvll Term Orrstown Bank vs. Thomas J. Ahrens Chdstk~e M. Ahrens Arty: David A.Barlc ALL that certain piece, parcel or tract of land situate in the township of upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Chestnut Ridge Drive at the dividing line between Lots Nos: 3 and 4 on the plan of lots hereinafter mentioned; thence along the dividing Gne between Lots 3 and 4, South 44 degrees 51 minutes 23 seconds West 583.09 feet to a pons on line of ]ands pow or formerly of Merle Stambaugh; thence along ,fine of lands now or late of Merle Stambaugh, Nash 51 degrees 40 minutes 00 seconds West 420.93 feet to a point at the dividing line between Lots Nos. 2 and 3 on the plan of lots hereinafter mentioned; thence along said dividing-line between Lots No. 2 and 3, North 53 degrees 34 minutes 36 seconds East 400 feet to a point; thence further by same North 69 degrees 02 minutes 30 seconds East 207.36 feet to a pout; thence further by same North 63 degrees OS minutes, l8 seconds East 50 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, youth 45 degrees 08 minutes 36 seconds East 250.05 feet to the point and place of Beginning: BEING the same premises which Carolyn G: Madeira by Deed dated Febmuy,l2, 2009 and record in the Office of the Recorder of Deeds in aad'for Cumberland County, recorded on February ~ 17, 2009 at Instrument No. 200904059, granted and conveyed unto Thomas J. Abrens and Christine M. Ahrens, husband and wife, Granter herein. BEING Lot No. 3 on.the "Final Subdivision Plan of a 20.17 acre Tract of Land for J.R. Freshman, Gene Rhoad, James Yeager," which -said Plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 38, Page 83, PARCEL N0. 42-10-0646.044 PRpPERTY Al)DRE9S: 305 Chestnut Ridge Dri~re, NtechanicslwaE; PA 17055 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zie lamer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which ORRSTOWN BANK is the grantee the same having been sold to said grantee on the 3RD day of MARCH A.D., 2010, under and by virtue of a writ Execution issued on the 19TH day of NOV, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4410, at the suit of ORRSTOWN BANK against THOMAS J AHRENS & CHRISTINE M is duly recorded as Instrument Number 201011848. IN TESTIMONY WHEREOF, I have hereunto set my hand .~ __ and seal of said office this ~~' day of ~~' , A.D. G~ ~~O ~' ~ ? ~~' ' ~% ' /" ~ ; ~ ~+ ~ i -, :-gyp ~~ ~ ~ Recorder of Deeds ~~ ,-~ = ~_ },~ ci„ ~-~~ ;'~ Reoorderot caagy, cerrbie, r'A Mh+ CArtr-~sion the Frst Mbndgy of Jen. 2014 ) n > gg -- -.. ~.. '4 .-~ a. ~. ~~~ _ e~ ~. N