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HomeMy WebLinkAbout09-5948COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. Oq - -9q48 C "'4 l -T6r" successor in interest to Pennsylvania State Bank, Plaintiff V. MORTGAGE FORECLOSURE INDIAN SPRINGS ASSOCIATES, LLC, Defendant : PREVIOUSLY ASSIGNED TO: N/A NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad o otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. successor in interest to Pennsylvania State Bank, Plaintiff V. INDIAN SPRINGS ASSOCIATES, LLC, Defendant MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A COMPLAINT The Plaintiff, PNC Bank, National Association, successor in interest to Pennsylvania State Bank, by its attorneys, McNees Wallace & Nurick LLC, files this Complaint pursuant to Pa. R. Civ. P., Rule 1141 et seq., alleging in support hereof the following: 1. The Plaintiff, PNC Bank, National Association, successor in interest to Pennsylvania State Bank, is a national banking association organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal regional office located at 4242 Carlisle Pike, Camp Hill, PA 17011 ("Plaintiff') 2. The Defendant, Indian Springs Associates, LLC, is a Pennsylvania limited liability company with a last known address of 6046 Edward Drive, Mechanicsburg, PA 17050 ("Defendant"). 3. The Defendant borrowed from and agreed to repay to the Plaintiff a loan ("Loan") in the original principal amount of $1,130,000.00 pursuant to a Promissory Note dated December 28, 2000 (as at any time extended, modified and/or amended, "Note"), a true and correct photostatic reproduction of the original of which is attached hereto, made a part hereof and marked Exhibit "A» 4. As security for the Loan, the Defendant executed and delivered to the Plaintiff a Mortgage (as at any time extended, modified and/or amended, "Mortgage"), on that tract of land, together with any buildings and improvements thereto, consisting of 39.8 acres along Kline Road in the Township of Southampton, Cumberland County, Pennsylvania, Tax Parcel No. 39-12-0324-010 ("Property"). At all times relevant hereto, the Defendant was and remains the record and sole owner of the Property. A description of the Property is attached hereto, made a part hereof and marked Exhibit "B". 5. On December 29, 2000, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 1660, Page 653. A true and correct photostatic reproduction of the original Mortgage is attached hereto, made a part hereof and marked Exhibit "C". 6. The Mortgage was never assigned by the Plaintiff and is still held by it as a valid and subsisting obligation of the Defendant. 7. The Loan matured and was due and payable in full on January 15, 2007. 8. The Defendant is in default of the Loan for failure to make payment as required under the Note, and the entire outstanding amount of the Loan, including all principal, interest, late charges and other amounts payable under the Note and/or the Mortgage and otherwise in connection with the Loan, is due and payable in full. 9. The Defendant is indebted to the Plaintiff as of July 31, 2009, in the amount of $1,446,293.67, itemized as follows: a. Principal $1 090 264.44 b. Interest $ , , 188,908.20 C. Late Charges $ 26,718.77 d. Lien Searches $ 300.00 e. Phase I Environmental Assessment $ 1,800.00 f. Appraisal $ 10,350.00 g. Attorney's Commission $ 127,917.26 h. Satisfaction Fees $ 35.00 TOTAL $1,446,293.67 10. The Defendant also agreed under the terms of the Mortgage that in the event of default thereunder the Defendant would pay, in addition to the charges listed in the paragraph 9 above, costs incurred by the Plaintiff as a result of the institution of these legal proceedings. 11. The obligation owed by the Defendant to the Plaintiff continues to accrue interest thereon at the rate of $166.57 per day and other charges provided in the Note and/or the Mortgage, through the date of payment, including on and after the entry of judgment on this Complaint. WHEREFORE, Plaintiff, PNC Bank, National Association, successor in interest to Pennsylvania State Bank, demands judgment against Defendant, Indian Springs Associates, LLC, in the amount of One Million Four Hundred Forty-Six Thousand Two Hundred Ninety-Three and 67/100 Dollars ($1,446,293.67), plus interest at the rate of $166.57 per day and all other charges to which the Bank is entitled under the Note and/or the Mortgage and otherwise in connection with the Loan, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the Property. Respectfully submitted, McNees Wallace & Nurick LLC 1-? Date: August *, 2009 By: eo Shu ,Esquire 1 e Cou #24848 Julia P. Coelho, Esquire Supreme Court ID #210039 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, PNC Bank, N. A. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. successor in interest to Pennsylvania State Bank, Plaintiff V. INDIAN SPRINGS ASSOCIATES, LLC, Defendant : MORTGAGE FORECLOSURE : PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Brett A. Bertoli, Assistant Vice President for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Date: August zy , 2009 By; a o 4 V110 Brett A. Bertoli Assistant Vice President 0 0 PROMISSORY NOTE MI! -1-? ai t la a ? ? a t .3 RZJ a 5_32 \ 11? Rerarehces in ore shaded area are for Lender's use oniv and do not Nm11 the bit of this dacumerd to an arlloWar loan or Item. BorroWEr: Indian Springs Associates, LLC (TIN: 25-1e76s27) Lender: PENNSYLVANIA STATE BANK all" Edward Drive Carlisle Mechanicsburg, PA 17050 /North Hanover Street Ca4iale, PA 17013 Principal Amount: 41,130,000.00 Interest Rate: 9.500% PROMISE TO PAY, Indian Springs Associates, LLC ("Borrower) promises to Date of Note: December 2t3, 200n lawful money of the United States of America, the principal amount of Onesy 101P NN eYLVundred Thirty Thous nerj ?r"')0/Oro Dollars (57,130,000.00) or so much as may be outstanding, together with Interest at the rate of 9,500% per annum on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance unlit repayment of each advance. PAYMENT. Borrower will pay this ban In one payment of all outstanding principal plus all accrued unpaid interest on June 30, 2002, In addition, Borrower will pay regular monthly payments of accrued unpaid Interest beginning January 3D, 2001, and all subsequent Interest payments are due on the same day of each month aner that. The annual Interest rate for this Note is compuled on a 365/360 basis; that Is, by applying the ratio of the annual Interest rate over a year of 350 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unfess otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the dale of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower unt Bormay oncontiue oomak payments othan It Is due- Early f accrued unpaid intrespayments Rather, hey will reduce ta principal balance de. relieve Borrower of LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $50.00, whichever Is greater. DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower falls to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fads to comply with or to perform when due any other term, obligation, covenant, or condition contained In this Note or any agreement related; to this Note, or in any other agreement or loan Borrower has with Lender, (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading In any material respect either now or at the time made or furnished. (a) Borrower dissolves (regardless of whether election to continue Is made), any member withdraws from Borrower, any member dies, or any of the members or Borrower becomes Insolvent, a receiver is appointed for any pan of Borrower's property, Borrower makes an assignment for the boneril of creditors, or any proceeding Is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tries to take any of Borrower's property on or In which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any guarantor dies or any of the other wants described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition. or Lender believes the prospect of payment or performance of the Indebtedness Is Impaired. () Lender In good faith deems itself insecure. If any default, other than a default In payment, Is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, If may be cured (and no event of default will have occurred) if Borrower, oiler receiving written notice from Lender demanding cure of such default: (a) cures the default within thirty (30) days; or (b) If the cure requires more than thirty (30) days, initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably y ( ) immediately practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Nola and collect this Note i if accrued Borrower doeesr not pay Borrowler a due, an s° will paynLenBorrower will pay that der that amount. This n Lender Lender's attorneys' fees, and Lender's legal expenses whether or not there is a lawsuit, including attorna may ley someone else to help subject to hire limits under applicable law, proceedings (including enods to modify or vacate any automatic stay or Injunction), apeals, and ip ed and legal expenses for bankruptcy not prohibiled by applicable law, Borrower also will pay any court costs, in additi nto all other sums provided by law. If judgment is se e d in has connection with this Note, Interest will continue to accrue on this Note after judgment at the existing interest rate provided for In this Note. This Note Len er In the Comm Lender's nregiuest to submit to he jursdiction of t edcourts of Cumber anwea nd lCountyth of the Commonwea Commonwealth or Pennsylvania. ThisrNote agrees upon governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. shall be DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $20,00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. Borrower grants to Lender a contractual security Interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, titre and interest in and lo, Borrower's accounts with Lender (whether checking, savings, or some other account), including without timltallon all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however ad IRA and Keogh accounts, and all trust accounts or which the gent of a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. RAL n end dEo be recorded This Note Is secured secured poring opremises ther things, alt gage and S at 39 .80 ecurity Kline Road, menu from All of the agreements, conditions, covenants, provisions and stipulations contained Inthe ortgage which Borrower nsbu are torbe to Lender kept andf even dare herewith and ere hereby made a part of this Note to the same extent and with the same force and effect as If they were fully Sol forth as described in said Mortgage. and agrees to keep and perform them, or cause them to be kept and performed, strictly In accordance with their terms. performed by Borrower, LINE OF COEDIT, This Mole evidences a straight tine of credit. Once the total amount of y herein, and Borrower covenants further loan advances Borrower agrees to be liable for all sums either: (a) advanced in accordance with the Instructions of an authorized (b) credited to any of Borrower's accounts with Lander. The un old principal has been advanced, Borrower is not entitled to endorsements on this Note or by Lender's internal records, including daily computer l prnlt-outs. person or owing an this Note at any time may be evidenced by LOAN DOCUMENTS. This Note, the Mortgage and Security Agreement, the related collateral documents. Lender's commitment loiter to Borrower dated October 30, 2000, are referred to herein collectively as the "Loan Documents", and the provisions thereof are incorporated herein by reference. DEFAULT financial statements sas requiradl hereunder or u dfer the Loan Ag eementa he applicable Interest rate onithe Loan for a (period beginning three alter written notice of such default and ending upon the curing of said noticed default, shad increase one quarter of the of one percent (,2e%) for the first thirty (30) days of said defaull and increase an additional one quarter (.25%) during each 1h( (3) days period continues. Such default interest tiles shall apply to the outstanding princip al balance of rtY the (30 Loan. tle Upon the curing o(the noticed default, the rate on the Loan shall revert to the initially agreed-upon Interest rate effective on the date on which the defaWlt is Cureldr during which the notic default einterest ADVANCES. Adavances on the Loan will be based on 100% of Invoice with a minimum advance amount of $SOO,DO. Proceeds be deposited to a checking account to be opened and maintained with Pennsylvania Slate Bank in the name of Indian Springs GENERAL PROVISIONS. Lender may delay or forgo enforcing any of Its rights or remedies under ibis Note without of such advances will other person who signs, guarantees or endorses Ibis Nole, to the extent allowed by law, waive presentment, demand for payment, ?sprotest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no losing them. Borrower and any guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend re for any length of time) this loan, or release any pest or by Len d r or wcollateral, ithout the part) who signs this Note, whether as maker, collateral: and lake any other action deemed necessary by Lender witthout the'coronsent r. or notice to anyone. All such ( pefect In impair, fail to realize upon or perfect Lender's security interest n the may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. If an for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. Y portion of this Note is OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER OR THE BORROWER A DEFAULT UNDER THIS NOTE, AMC) WITH OR WITHOUT COMPLAINT AUTHORIZES AS OFDANYI TERM, CONFESS OREr?R JUDG ENT A11- BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST LA N TE CHARGES, AND ANY AND ST ALL AMOUNTS 12-28-2000 PROMISSORY NOTE Page 2 Loan No 63000137 (Continued) EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($=) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: IndJan ngs Assocl ats LC e_ ... , a ? zi. /SEAL) Walter I. Diller, Member --By: _ .:. «?. ZSEAI?I ) Donald H. Erwin, Member r OWN Thelma . Diller, Member LENDER: PENNSYLVANIA STATE BANK Authorized Officer Fixed Rate. L Ine of Credit. LASER PRO, Reg. U.S. Pal. L T.M. Of(., Ver. 3.291(0) Ce entrex 2000 All right. reserved. IPA-020 E3.29 IN D IAN.LN RS.OVLI (F 3o Z abed) ALL THAT CERTAIN tract or parcel of land situate in the Township of Southampton, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a drawing prepared by Eric L. Diffenbaugh, P.L.S., entitled "Property Survey for Indian Springs Manor", bearing drawing number 00090 and dated December 5, 2000, as follows, to wit: BEGINNING at an existing railroad spike in the center of SR 4003 at the southern right-of-way line of Interstate 81; thence along the southern right-of-way line of Interstate 81, North 58 degrees 16 minutes 04 seconds East, 329.39 feet to a point; thence along the same by a curve to the right with a radius of 11329.19 feet and an arc length of 1593.50 feet, a chord bearing of North 62 degrees 18 minutes 19 seconds East, and a chord length of 1592.18 feet to a point; thence along the same, North 66 degrees 20 minutes 05 seconds East, 504.25 feet to a point at lands now or formerly of Paul and Harry Hoch; thence along lands now or formerly of Paul and Harry Hoch, Todd Griffie, Scott Warner, and Jennifer Coffey, South 32 degrees 08 minutes 52 seconds West, 1892.25 feet to an existing iron pin at lands now or formerly of John Ebersole; thence along lands now or formerly of John Ebersole, South 32 degrees 25 minutes 19 seconds West, 327.63 feet to an existing iron pin at lands now or formerly of Issac Black; thence along lands now or formerly of Issac Black, South 32 degrees 41 minutes 57 seconds West, 133,71 feet to an existing fence post at lands now or formerly of Michael Black; thence along lands now or formerly of Michael Black and Thomas Black, North 74 degrees 15 minutes 42 seconds West, 192.73 feet to a point; thence along lands now or formerly of Thomas Black, North 77 degrees 05 minutes 41 seconds West, 303.93 feet to a point in the centerline of SR 4003; thence along the centerline of SR 4003, North 61 degrees 34 minutes 24 seconds West, 172.36 feet to a point; thence along the same, North 40 degrees 27 minutes 27 seconds West, 131.93 feet to a point; thence along the same, North 23 degrees 20 minutes 56 seconds West, 114.07 feet to a point at lands now or formerly of the Cumberland Franklin Joint Municipal Authority; thence along lands now or formerly of the Cumberland Franklin Joint Municipal Authority, North' 69 degrees 25 minutes 15 seconds East, 175.00 feet to a point; thence along the same, North 20 degrees 34 minutes 45 seconds West, 100.00 feet to a point; thence along the same, South 69 degrees 25 minutes 15 seconds West, 175.00 feet to a point in the centerline of SR 4003; thence along the centerline of SR 4003, North 19 degrees 04 minutes 14 seconds West, 63.17 feet to a point; thence along the same, North 13 degrees 44 minutes 46 seconds West, 324.23 feet to an existing railroad spike, the point of BEGINNING. BEING TAE SAME premises which GCW Properties, Inc., a Pennsylvania corporation, by its Deed dated December , 2000, and intended to be recorded simultaneously herewith, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania granted and conveyed unto Indian Springs Associates, LLC, a Pennsylvania limited liability company, Mortgagor herein. A, 1 f r ? l? (Page 1 of 8) RECORDATION REQUESTED BY: PENNSYLVANIA STATE BANK 1 North Hanover Street Carlisle, PA 17013 WHEN RECORDED MAIL TO: PENNSYLVANIA STATE HANK 2140 Market Street P.O. Box 407 Camp Hill, PA 17001-0467 SEND TAX NOTICES TO: Indian Springs Associates, LLC 6046 Edward Drive Mechanicsburg, PA 17050 . 5 G0; t., Y--,1 110 DEC 29 an 8 96 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY OPEN - END CONSTRUCTION MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE IS DATED DECEMBER 28, 2000, between Indian Springs Associates, LLC, whose address is 6046 Edward Drive, Mechanicsburg, PA 17050 (referred to below as "Grantor"); and PENNSYLVANIA STATE BANK, whose address is 1 North Hanover Street, Carlisle, PA 17013 (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 an existing or subsequently erected or affixed buildings, improvements and Mures; 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 an minerals, oil, gas, geothermal and similar matters, located in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"): 39.80 acres Kline Road, Southampton Township, Cumberland County, Pennsylvania as further described in Exhibit "A" attached hereto and by this reference made a part hereof. The Real Property or its address is commonly known as 39.80 acres Kline Road, Shippensburg, PA 17257. Grantor presently assigns to Lender all of Grantor's right, title, and interest In and to an 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. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms In the Uniform Commercial Code. Ali references to dollar amounts shall mean amounts in lawful money of the United States of America. Grantor. The word "Grantor means Indian Springs Associates, LLC. The Grantor Is the mortgagor under this Mortgage. Guarantor. The word 'Guarantor" means and Includes without limitation each and all of the guarantors, sureties, and accommodation parties in connection with the Indebtedness. Improvements. The word Improvements' means and includes without limitation 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 a Note from Indian Springs Associates, LLC dated December 28, 2DOO. In addition to the Note, the word "Indebtedness" includes as obligations, debts and liabilities, plus Interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor, or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, absolute or contingent, liquidated or unliquidated and whether Grantor may be liable individually or jointly with others, whether obligated as guarantor or otherwise, and whether recovery upon such Indebtedness may be or hereafter may become barred by any statute of limitations, and whether such Indebtedness may be or hereafter may become otherwise unenforceable. The liens and security Interests created pursuant to Ibis 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 PENNSYLVANIA STATE BANK, its successors and assigns. The Lender Is the mortgagee under this Mortgage. Mortgage. The word "Mortgage" means this Purchase Money Mortgage between Grantor and Lender, and includes without limitation all assignments and security interest provisions relating to the Personal Property and Rents. Purchase Money Mortgage. If any of the debt secured by this Security Instrument Is lent to Borrower to acquire title to the Real Property, this Security Instrument shelf be a purchase money mortgage under 42 P.S. Section 8141. Note. The word "Note" means the promissory note or credit agreement dated December 28, 2000, in the original principal amount of $1,130,000.00 from Grantor to Lender, together with all renewals of, extensions of modifications of, refinancings of, consolidations of, and substitutlons Jor the promissory note or agreement. The maturity date of this Mortgage Is June 30, 2002. Personal Property. The words "Personal Property' mean all equipment, Mures, 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 addlllors 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 sate or other disposition of the Property, Property, The word "Property" means collectively the Real Property and the Personal Property. Rest Property. The words 'Real Property" mean the property, Interests and rights described above in the "Grant of Mortgage" section, Related Documents. The words "Related Documents" mean and include without Ilmilation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, 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. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due, and shall sfriclly 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 shag be governed by the following provisions: Possession and Use. Until In default or until Lender exercises Its right to collect Rents as provided for in the Assignment of Rents form executed by Grantor in connection with the Property, Grantor may remain In possession and control of and operate and manage the Property and collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly pperforlII r irs repleFerrtents, and maintenance necessary to preserve its value. SOUK ?Y,, g Vq 12-28-2000 MORTGAGE Loan No 83000137 (Continued) Page 2 Hazardous SUDStanCes. The terms "hazardous waste; "hazardous substance," "disposal," "reteasa," and "threatened release," as used In this Mortgage, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as emended, 42 U.S.C. Section 9801, 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, of 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 to any of the •foregoing, The farms "hazardous waste" and "hazardous substance" shaft also include, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that., (a) 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 waste or substance by any person on, under, about or from fhe Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender Imwrifing, p) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or pq any actual or threatened IIBgation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in writing, (1) 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 waste or substance on, under, about or from the Property and (10 any such activity shall be conducted In compliance with all applicable federal, stale, and local laws, regulations and ordinances, including without imitation those laws, regulations, and ordinances described above. 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 shag be for Lender's purposes only and shag not be construed to create any responsibility or lablMty 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 waste and hazardous substances. Grantor hereby (a) 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 (b) agrees to Indemnity and hold harmless Lander against any and all claims, losses. IlablBUes, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the this Mortgage the obligation to Indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveryance of the lien of and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shag 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 amfting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any Umber, minerals (including oil and gas), soti, gravel or rack products without the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Properly without the prior wrlUen consent of Lender. 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 Its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to insped the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shag promptly comply with as laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests In the Properly are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest. Duly to Protect. Grantor agrees neither to abandon nor 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 its option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without the 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 therein; 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 Real Property Interest. If any Grantor Is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership Interests or limited liability company interests, as the case may be, of Grantor. 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 lions on the Property are a 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 servira 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 all hens having priority over or equal to the interest of Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as otherwise provided in the following paragraph. Right To Contest. Grantor may withhold payment of any lax, assessment, or claim in connection with a good faith cuspids over the obligation to pay, so long as Lender's Interest M 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, x alien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or g requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the Men plus any costs and attorneys' teas or other charges that could accrue as a result of a foreclosure or sale under the Ilan. In any contest, Grantor shag defend itself and Lender and shag satisfy any adverse judgment before enforcement against the Property. Grantor shag 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 lazes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any Ume a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shag notify Lander 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, malenialmen's Men, or other hen 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 wig pay the cost of such improvements, PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the fug 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 pause in favor of Lender. Grantor shag also procure and maintain comprehensive general liability Insurance in such coverage amounts as Lender may request with Lender being named as additional Insureds in such liability insurance policies, Additionally, Grantor shall maintain such otter Insurance, Including but not limited to hazard, business interruption and bolter insurance as Lender may require. Policies shaft be written by such Insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deriver to Lender certificates of coverage from each insurer containing a stipulation that coverage wig not be canceled 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 shag include an endorsement providing that coverage In favor of Lender wig not be impaired In any way by any ad, omission or default of Grantor or any other person. Should the Real Property at any time become 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 for the fug unpaid principal balance of the loan and any prior liens on the properly securing the loan, up to the maximum policy limb set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the ban. Application of Proceeds. Grantor shag promptly notify Lander of any loss or damage to the Property. Lender may make prod of loss it Grantor fails to do so within fifteen (18) days of the casualty. Whether or not Lender's security Is impaled, Lender may, at its election, apply the proceeds to the reduction of the Indebtedness, payment of any Men affecting the Property, or the restoration and repair of the Property. If Lender elacts to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satstedory to Lender. Lender shag, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repsk or restoration If Grantor Is not In default under this Mortgage. Arty proceeds which have not been disbursed within t80 days after their racelpt and which Lander has trot committed to the repair or restoration of the Property shag be used first to pay any amourd owing to Lander under this Mortgage, then is pay accrued interest, and the remainder, If any, stall be applied to the principal balance orBODK a4E Le 4 olds any proceeds attar payment in fug of the Indebtedness, such proceeds shag be paid to Grantor. Unexpired Insurance at Sale. Any u sled Insurance shag Inure to the benefit of, and pa", the purchaser of the Property covered by this Mortgage at any truabe's safe or other ors held under the provisions of this Mortgage, or at any toteclosure sale of such Property, (8 3o Z abed) (Page 3 of 8) 12-28-2000 • MORTGAGE i ' 4 i ' ''' Page 3 Loan No 63000137 (Continued) Grantor's Report on insurance. Upon request of Lender, however not more than ones a year, Grantor shall furnish to Lender a report on each n9 Polly of Insurance showing: (a) the name of the insurer; (b) the risks Insured; (o) the amount of the policy (d) the properly Insured, the then current replacement value of such properly, and the manner of determining that value; and (e) the expiration data of the policy. Grantor shag, upon request of Lender, have an Independent appraiser satisfactory to Lender delermine the cash value replacement cost of the Property. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage, or If any action or proceeding Is commenced that would materially affect Lender's Interests in the Property, Lender on Grantor's behalf may, but shag not be required to, take any action that Lender deems appropriate. Any amount that Lender expands in so doing will beer interest at the rate provided for In the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be payable with any instalment payments to become due during either (1) the term of any applicable Insurance policy or (g) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shag be in addition to any other rights or any remedies to which Lender may be entitled on account of the 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 shag survive the entry of any mortgage foreclosure Judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Properly are a part of this Mortgage. Title. Grantor warrants that: (a) Grantor holds good and marketable Nile of record to the Property In fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title Insurance policy, IHIe report, or final tills opinion Issued In favor of, and accepted by. Lender in connection with this Mortgage, and (b) Grantor has the fug 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 tale 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, including without lmitation all applicable environmental laws, ordinances, and regulations, unless otherwise specifically excepted in the environmental agreement executed by Grantor and Lender relating to the Property. CONDEMNATION. The following provisions relating to condemnation of the Properly are a part of this Mortgage. 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 aaomeys' lees incurred by Lender in connection with the condemnation. Proceedings. If any proceeding In condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a pad 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 Lander 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 apples: (a) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (d) a specific lax 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 (es defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (a) pays the tax before It becomes delinquent, of (b) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or e sufficient corporate surety bond or other security satisfactory to Lander. 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 or other personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to erne. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action Is requested by lender to perfect and continue Lender's security Interest In the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lander for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shag assemble the Personal 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. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), from which information concerning the security Interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Mortgage. FURTHER ASSURANCE; ADDITIONAL AUTHORIZATION. The following provisions relating 10 further assurances and additional authorization 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 defivered, to Lender or to Lender's designee, and when requested by Lender, cause to be tiled, 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 as 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 (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses Incurred in connection with the matters referred to in this paragraph. Additional Authorization. If Grantor falls to do any of the things referred to In the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantors expense. For such purposes, Grantor hereby Irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to In the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lander 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 lee as determined by Lender from time to lime, DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default'uB?E 655 Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. gd8r.lltW?/Sr?a ODUI( 19p Default on Other Payments. Failure of Grantor within the time required by [his Mortgage to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of of to affect discharge of any lion. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed In connection with the Property. Compliance Default. Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or in any of the Related Documents. Default In Favor of Third Parties. Should Grantor default under any loan, exlension of credit, security agreement, purchase or sales agreement, 12-28-2000 MORTGAGE Page 4 Loan No 63000137 (Continued) or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Note or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents, False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Mortgage, the Note or the Related Documents is false or misleading In any material respect, either now or at the time made or furnished. . Defective Collsterallzellon. This Mortgage or any of the Related Documents ceases to be in full force and effect (Including facture of any collateral documents to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution (regardless of whether election to continue Is made), any member withdraws from the limited liablfity company, or any other termination of Grantor's existence as a going business or the death of any member, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor. Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the foreclosure or lorefeiture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the daim satisfactory to Lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that Is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent, or revokes or disputes the validly of, or liability under, any Guaranty of the Indebtedness. Lender, at Its option, may, but shall not be required to, permit the Guarantors estate to assume unconditionally the obligations arlsing under the guaranty In a manner satisfactory to Lender, and, in doing so, cure the Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender behaves the prospect of payment or performance of the Indebtedness Is Impaired. Insecurity. Lender In good faith deems Itself Insecure. Right to Cure. If such a failure is curable and it Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured (and no Event of Default win have occurred) If Grantor, after Lender sands written notice demanding cure of such fafiure: (a) cures the failure within thirty (30) days; or (b) If the cure requires more then thirty (30) days, immediately initiates steps suf icienl to cure the failure and !hereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and of any time thereafter, Lender, at Its 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. Subject to applicable law, Lender shall have the right at Its option without notice to Grantor 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, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lenders 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 authorzes 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 Lenders demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds fa 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 safe, 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. Lenders right to the appointment of it receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender stall not disqualify a person from serving as a receiver. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commornveaeh of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against on persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any slay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shell be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Deficiency Judgment. Lender may obtain a judgment for any deficlency 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 Lenders option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shah have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Site 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 pad 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 stall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the fime 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 shah mean notice given at least ten (10) days before the time of the sale or disposition. Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shah not exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obllgation of Grantor under this Mortgage alter tailurs of Grantor to perform shell not allied Lenders right to declare a default and exercise Its remedies under this Mortgage. Attorneys' Face; Expenses. If Lender Institutes any slit or action to enforce any of the terms of this Mortgage, Lender shah be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action Is involved, all reasonable expanses Incurred by Lender that In Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of its rights shah become a part of the Indebtedness payable on demand and shall bear interest from the date of expenditure until repaid at the rate provided for In the Note. Expenses covered by this paragraph Include, without limitation, however subject to any limits under applicable law, Lenders attorneys' fees and Lendsrs legal expenses whether or not there Is a lawsuit, Including attorneys' lees for bankruptcy proceedings (Including efforts to modify or vacate any aulomatic slay or Injunction), appeals and any anticipated posHudgmeM collection services, the cost of searching records, obtaining ties reports (including foreclosure reports), surveyors' reports, and appraisal fees, and Its Insurance, to the oxford permitted by applicable law, Grantor also will pay any court costs, In addition to all other sums provided by law. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shah be in wrifi g, may be soot by telafocsbMle (unless otherwise required by law), and shag be effective when actually delivered, or when deposited with a nationality recognized overnight courier, or, If mated, shag be deemed effecive when deposited In the United States mail first class, certified or registered mall, postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change Its address for notion under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice Is to change the partys address. AN copies of . notices of foreclosure from the holder of any Non which has priority over this Mortgage, and notices pursuant 42 Pa. C.S.A. Section 8143, at seq., shag be sent to Lenders address, as shown new the beginning of this Mortgage. For notice purposes, Grantor agrees to keep Lender Informed at all Ifinea of Grantees current address. aooK 166U Pact 656 (a ao V a6vd) (Page 5 of 8) 12=28-2000 MORTGAGE ` Loan No 63000137 • (Continued) Page 5 MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, "that with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating Income received from the Property during Grantor's previous fiscal year in such form and dotal as Lender shall require. Net operating Income" shall mean ai cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Applicable Law. This Mortgage has been delivered 10 Lender and accepted by Lender In the Commonwealth of Pennsylvania. This Mortgage shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. 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. Merger. There shag 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. Multiple Parties. 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 of the persons signing below is responsible for all obligations in this Mortgage. Severabllity, If a court of competent jurisdiction ands any provision of this Mortgage to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, a shall be stricken and all other provisions of this Mortgage In all other respects shell remain valid and enforceable. Successors and Assigns. Subject to the limitations stated in 1M5 Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon and Inure to the benefit of the parties, their heirs, personal representafives, successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or lability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under "Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shad operate as a waiver of such right or any other right. A waiver by any party of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenever consent by Lender is required in this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent Instances where such consent is required. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GRANTOR: Indian ? s Aaaocfates C Waiter (.Oiler, Member {SFJIt ) SEUti? Donald H Member Signed, owledged and delivered In the presence of. X u7,,1 «. witness By 1-5 §W? R -Ak s.. „ ?'? (3EAL? Thelma .Diller, Mem r Sig 3f"cknowledged and delivered In the presence of-. witness - X Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, PENNSYLVANIA STATE BANK, herein Is as follows: 1 North Hanover Street, Carlisle, PA 17013 v/1 • WM,I/Lv, (2( Attorney Or Agent for MarlgAgee BOOK 1660 657 12-28-2000 MORTGAGE Page 6 Loan No 63000137 (Continued)- LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATEOF"? rl rt S??I.'Q/?i COUNTY OF On this, the ? day of Dece h7 M 00 , before me the nn undersigned Notary Public, personally appeared Walter I. Diller, memos, of Indla prinps AssoelMes, LLC; Thelmpp g Diller, Member of Indlen%Z? Springs Associates, LLC; and Donald H. Erwin, Member of Indian Springs Istea, LLC who acknowledged-themselves to be members or designated agents of Indian Springs Associates, LLC, a Limited Liability Co pony, and that they as such members or designated agents, being authorized to do so, executed the foregoing Instrument for the purposes therein contained by signing the name of the Limited Liability Company by themselves as members or designated agents. In wtlness whereof, i hereunto set my hand and official seat. /I ?1VoteN PAID In and for the of? :..°..2w(0)..omentr ox 2003 Anri ill. reemvec. IPA -003 ___...-,. Off.. . p 1-" ouo t:a.Tt?,d INDIAN.LN RS.OVLJ Notarial Seal Jayne K. Brinkley, Notary Public Harrisburg, Dauphin County. PA M Commission Expires Jul 20, 2002 BOOK N60 na 658 (8 30 9 abed) (Page 8 of 8) 0 9 EXHIBIT A ALL THAT CERTAIN tract or parcel of land situate in the Township of Southampton, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a drawing prepared by Eric L. Diffenbaugh, P.L.S., entitled "Property Survey for Indian Springs Manor", bearing drawing number 00090 and dated December 5,, 2000, as follows, to wit: BEGINNING at an existing railroad spike in the center of SR 4003 at the southern right-of-way line of Interstate 81; thence along the southern right-of-way line of Interstate 81, North 58 degrees 16 minutes 04 seconds East, 329.39 feet to a point; thence along the same by a curve to the right with a radius of 11329.19 feet and an arc length of 1593.50 feet, a chord bearing of North 62 degrees 18 minutes 19 seconds East, and a chord length of 1592.18 feet to a point; thence along the same, North 66 degrees 20 minutes 05 seconds East, 504.25 feet to a point at lands now or formerly of Paul and Harry Hoch; thence along lands now or formerly of Paul and Harry Hoch, Todd Griffie, Scott Warner, and Jennifer Coffey, South 32 degrees 08 minutes 52 seconds West, 1892.25 feet to an existing iron pin at lands now or formerly of John Ebersole; thence along lands now or formerly of John Ebersole, South 32 degrees 25 minutes 19 seconds West, 327.63 feet to an existing iron pin at lands now or formerly of Issac Black; thence along lands now or formerly of Issac Black, South 32 degrees 41 minutes 57 seconds West, 133.71 feet to an existing fence post at lands now or formerly of Michael Black; thence along lands now or formerly of Michael Black and Thomas Black, North 74 degrees 15 minutes 42 seconds West, 192.73 feet to a point; thence along lands now or formerly of Thomas Black, North 77 degrees 05 minutes 41 seconds West, 303.93 feet to a point in the centerline of SR 4003; thence along the centerline of SR 4003, North 61 degrees 34 minutes 24 seconds West, 172.36 feet to a point; thence along the same, North 40 degrees 27 minutes 27 seconds West, 131.93 feet to a point; thence along the same, North 23 degrees 20 minutes 56 seconds West, 114.07 feet to a point at lands now or formerly of the Cumberland Franklin Joint Municipal Authority; thence along lands now or formerly of the Cumberland Franklin Joint Municipal Authority, North 69 degrees 25 minutes 15 seconds East, 175.00 feet to a point; thence along the same, North 20 degrees 34 minutes 45 seconds West, 100.00 feet to a point; thence along the same, South 69 degrees 25 minutes 15 seconds West, 175.00 feet to a point in the centerline of SR 4003; thence along the centerline of SR 4003, North 19 degrees 04 minutes 14 seconds West, 63.17 feet to a point; thence along the same, North 13 degrees 44 minutes 46 seconds West, 324.23 feet to an existing railroad spike, the point of BEGINNING. BEING THE SInAQME premises which GCW Properties, Inc., a Pennsylvania corporation, by its Deed dated December 12 2000, and intended to be recorded simultaneously herewith, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania granted and conveyed unto Indian Springs Associates, LLC, a Pennsylvania limited liability company, Mortgagor herein. j, .r r PAthi. iL0230803.11 //? d9 ,t/ •r?c J, saair IGM r'aaE 659 of R nns, f• 0 ?` I ?? r i.. • L i„ *qs, so Po A`rt`/ co 183(st t3 e .1,299 q q Sheriffs Office of Cumberland County R Thomas Kline FI! (-L!_I', . rjp Sheri J` Tf { ' _ _ ' :1 AR`C` QU?ttit, oft t?r?tirr?h? Ronny R Anderson Chief Deputy is I 8 v Jody S Smith k Civil Process Sergeant OFFi4E OF $-MFF ?FLAr „ Edward L Schorpp Solicitor PNC Bank, NA vs. Case Number Indiana Springs Associates, LLC 2009-5948 SHERIFF'S RETURN OF SERVICE 09/16/2009 08:21 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 16, 2009 at 2021 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Indiana Springs Associates, LLC, by making known unto Don Erwin, Owner at 1943 Monterey Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents anc at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $55.44 September 17, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF , /./ V z-,- D*Tmty Sheriff PNC BANK, NATIONAL ASSOCIATION, : successor in interest to Pennsylvania State Bank, Plaintiff V. INDIAN SPRINGS ASSOCIATES, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 09-5948 MORTGAGE FORECLOSURE DEFENDANT'S ANSWER TO COMPLAINT The Defendant, Indian Springs Associates, LLC, by and through its counsel, Cunningham & Chernicoff, P.C., submits its Answer to Plaintiffs Complaint and in support thereof avers as follows: 1. Admitted upon belief. 2. Admitted. 3. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. 4. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. 5. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. 6. Defendant is without sufficient information or knowledge so as to form a belief as to the truth of the matter asserted. Therefore, Defendant hereby demands Plaintiff produce, if relevant, strict proof thereof pertaining to Plaintiffs allegations. 7. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. 8. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendant believes and therefore avers that all payments made to date may not have been properly credited and a strict accounting of all payments made and applied thus far is hereby demanded, if relevant, at the time of trial. By way of further answer, Defendant avers that the amount set forth in Plaintiffs Complaint for an attorney commission in the amount of $127,917.26 is improper, as Plaintiff has not established that such fees are fair and reasonable under the circumstances. 9. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendant believes and therefore avers that all payments made to date may not have been properly credited and a strict accounting of all payments made and applied thus far is hereby demanded, if relevant, at the time of trial. By way of further answer, Defendant avers that the amount set forth in Plaintiffs Complaint for an attorney commission in the amount of $127,917.26 is improper, as Plaintiff has not established that such fees are fair and reasonable under the circumstances. 10. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendant avers that the amount set forth in Plaintiffs Complaint for an attorney commission in the amount of $127,917.26 is improper, as Plaintiff has not established that such fees are fair and reasonable under the circumstances. In addition, this allegation refers to a writing which is the best evidence concerning the subject of such an averment. 11. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendant believes and therefore avers that all payments made to date may not have been properly credited and a strict accounting of all payments made and applied thus far is hereby demanded, if relevant, at the time of trial. By way of further answer, Defendant avers that the amount set forth in Plaintiffs Complaint for an attorney commission in the amount of $127,917.26 is improper, as Plaintiff has not established that such fees are fair and reasonable under the circumstances. In addition, this allegation refers to a writing which is the best evidence concerning the subject of such an averment. WHEREFORE, Defendant, Indian Springs Associates, LLC, hereby respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice and grant Defendant such further relief as is just and proper. Respectfully submitted, CUNNINGHAM,&?JCHFAZNICOFY, P.C. Date: October 13, 2009 By: I.D. #23180 / Kelly M. Knight, Esquire Attorney I.D. #87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Counsel for Defendant VERIFICATION I, Donald H. Erwin, Managing Memberf Indian Springs Associates, LLC, verify that the statements made in the foregoing DEFENDANT'S ANSWER TO COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. INDIAN SPRINGS ASSOCIATES, LLC : r B _ .._.. _ y ? By: Don d? Erwin Its: Date: /C -/, ? , 2008 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of the DEFENDANT'S ANSWER TO COMPLAINT will be served by first class U.S. Mail and/or electronic means on the following parties indicated: Geoffrey S. Shuff, Esquire Julia P. Coelho, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 C Date: October 13, 2009 By: HAM & CHE ICOFF, P.C. Ametrano ? IVt? /?/? 'ry LFU! 0 ,r r .l I,;,- WRY 2 GJ104 0 C T 1 ' IF Hi 12• COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, successor in interest to Pennsylvania State Bank, Plaintiff V. INDIAN SPRINGS ASSOCIATES, LLC, Defendant DOCKET NO. 09-5948 c? -,O:x Xrn MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N%A ?c ORDER rn cry W -v ra c.? '70 CD C , _2 -rs AND NOW, this 34 day of 5 e_ p. , 2011, upon consideration of the Stipulation for Entry of Judgment in Mortgage Foreclosure between the parties filed in this action, IT IS HEREBY ORDERED that the Stipulation is approved, and judgment is hereby entered against the Defendant, Indian Springs Associates, LLC, and in i:avor of the Plaintiff, PNC Bank, National Association, for the amount of EIGHT HUNDRED ONE THOUSAND THREE HUNDRED EIGHTY-TWO AND 23/100 DOLLARS ($801,382.23) as of November 5, 2010, plus interest at the rate of One Hundred Thirty-Eight and 39/100 Dollars ($138.39) per day after November 5, 2010, plus additional attorneys' fees and expenses and other expenses and amounts to which PNC is entitled under the agreements and documents that evidence and secure the amount owed to PNC by the Defendant or is otherwise entitled at law, through the date of payment of the full amount owed to PNC by the Defendant, including on and after the date of entry of this Order, and for costs, and for foreclosure and sale of the tract of land, together with any buildings and improvements, along Kline Road in the Township of Southampton, Cumberland Z111 County, Pennsylvania, Tax Parcel No. 39-12-0324-10, as more particularly provided in the Plaintiffs Complaint filed in this action. By: Distribution: 'Robert E. Chernicoff, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Geoffrey S. Shuff, Esquire, McNees Wallace & Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 i a Oo `D K6 I* -ir'-j J.