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HomeMy WebLinkAbout09-7096o? ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 V. WILLIAM J. AUGUST and CARMEN K. AUGUST, husband and wife, 83 RIDGE AVENUE CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 70q(o 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 filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 V. WILLIAM J. AUGUST and CARMEN K. AUGUST, husband and wife, 83 RIDGE AVENUE CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- ?OeYG CIVIL TERM MORTGAGE FORECLOSURE COMPLAINT NOW, comes Plaintiff, Orrstown Bank, 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, William J. August, is an adult individual whose last known residence address was 83 Ridge Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant, Carmen K. August, is an adult individual whose last known residence address was 83 Ridge Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 4. By Deed dated July 14, 2003, Kollas & Costopoulus, a Pennsylvania General Partnership and Snider-Miller Builders, a Pennsylvania Partnership conveyed the premises described in Exhibit "A" attached hereto and made a part hereof to William J. August and Carmen K. August, husband and wife. 5. By Deed dated October 26, 2005, William J. August and Carmen K. August, husband and wife conveyed the premises described in Exhibit "A" attached hereto unto William J. August, married man. 6. On or about October 31, 2007, William J. August, as Mortgagor, made, executed and delivered a written Note secured by a Mortgage, made, executed and delivered the same day to Orrstown Bank as Mortgagee on the premises described in Exhibit "A." This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds on at Cumberland County Instrument No. 200742186 et seq, all of which pages are incorporated herein by reference and made a part hereof. 7. A true and correct copy of the aforesaid Note is attached hereto and mad 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". Defendant has defaulted under the terms and conditions of the Mortgage and Note by failing to make payments since August, 2008 and every month thereafter. 9. Defendant is the present record owner of the premises described in Exhibit "A" and the real owner of the premises. 10. Plaintiff served Notice of Plaintiffs Intention to Foreclose on the real estate of Defendant and provided Defendant with Notice of Defendant's Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage Assistance Law) via certified mail and certificate of mailing on or about June 10, 2009. 11. Attached hereto and marked as Exhibit "D" is a true and correct copy of the combined Act 6 and Act 91 Notice provided to Defendant. r 12. Attached hereto and marked Exhibit "E" are true and correct copies of the certified mail receipt and the certificate of mailing for the combined Notice served upon Defendant. 13. Under the terms of the Mortgage and Note, if any payment of principal and interest is not made when due or any other obligations of the Note or Mortgage are not met, then the entire indebtedness owing on the Mortgage and Note obligations shall become due and payable immediately at the declaration of Mortgagee. 14. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 15. The following amounts are presently due on the said Mortgage and Note calculated to October 2, 2009: Principal $231,952.24 Interest to 10/02/09 $ 9,646.92 (per diem of $46.46) Late Charges $ 715.64 Reasonable Attorney fees $ 11,597.61 fixed by Plaintiff for purposes of this Complaint (5% of principal debt) Other charges $ 3,122.83 TOTAL: $257,035.24 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $257,035.24 plus interest thereafter at the contract per diem from October 2, 2009, additional late fees coming due, actual attorney fees, costs and expenses against Defendant, Mortgagors and real owners and seeks foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A" hereto. Respectfully submitted, O' RIEN, BARIC & 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/august/2009/foreclosurecomplaint.pld d':Nv V,% i D16C;.L S LAND C©UNTV- -.. THIS DEED C?3 JUL 23 RM 8 4 9 TAX PARCEL 29-05-0429485 Made the day in the year Two Thousand and Three (2003) ,BETWEEN KOLLAS AND COSTOPOULOS, a Pennsylvania General Partnership comprised of William C. Kollas and William C. Costopoulos with offices at 1104 Fernwood Avenue, Camp MR, Cumberland County, Pennsylvania, and SNIDER. MILLER BUILDERS, a Pennsylvania Partnership with a principal place of business in Marysville, Perry County, Pennsylvania, hereinafter referred to as GRANTORS, AND WILLIAM AUGUST and CARMEN X AUGUST, husband and wife, 300 Fern Avenue, Carlisle, Pennsylvania, hereinafter referred to as GRANTEES, Wdnesseth, that in consideration of ONE HUNDRED EIGHTY-FOUR THOUSAND TWO HUNDRED NINETY-THREE DOLLARS ------------------- --------- --__. ($184,293.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns, ALL THAT CERTAIN piece or parcel of land with buildings and improvements thereon erected, if any, situate in Wertz Run Heights, North Middleton Township, Cumberland County, Commonwealth of Pennsylvania bounded and described in accordance with Final Subdivision Plan for Phase No. 4 for "Wertz Run Heights," recorded on April 16, 2002, in Cumberland County Plan Book 85, Page 37, as follows, to wit: 6000 258 MI V22 EXHIBIT "A" Cart - 7- %009 9:31AM Eraiill.liri Real Es;ate ???,arlisle U-4058 R. I BEGINNING at a point on the eastern right-of-way line of Ridge Avenue (a 50.00' right- of-way), said point being located the following three (4) courses from the terminus of a curve connecting said northern right-of-way tine of Ridge Avenue with the western right-of-way line of Meade Drive (a 50.00' right-of-way) 1) North fifty-two degrees, forty-five minutes, zero seconds West (N 52° 45' 0011 W) a distance of one hundred thirty feet (130.00'), 2) by a curve to the right having a radius of one hundred seventy-five feet (R = 175.001), an arc distance of three hundred twenty-six and trine hundredth feet (A/L ; 326.091) , 3) by a curve to the left, having a radius of two hundred twenty-five feet (R = 225.00'), an arc distance of sixty-five and eighty-three hundredth feet (A/L 65.83'), 4) North thirty-seven degrees, fifteen minutes, zero seconds East (N 37° 15100" E) a distance of eighty-eight and sixty-three hundredth feet (88.63'): thence from said point of Beginning, by said right-of-way North thirty-seven degrees, fifteen minutes, zero seconds East (N 37° 15100" E) a distance of one hundred two feet (102.001) to a point; thence by Lot No. 49 South fifty-two degrees, forty-five minutes, zero seconds East (S 52° 45' 00" E) a distance of one hundred fifty-eight feet (158.00') to a point, thence by Lot No. 58 and Lot No. 57 South thirty-seven degrees, fifteen minutes, zero seconds West (S 37° 15' 00" W) a distance of one hundred two feet (102.00') to a point; thence by Lot No. 51 North fifty-two degrees, forty- five minutes, zero seconds West (N 52° 45' 00" NV) a distance of one hundred fifty-eight feet (158.001) to a point, the place of BEGINNING. SAID TRACT CONTAINS I6,116,00sq. ft. or 0.3700 acres. BEING Lot #50 of the Final Subdivision Plan of Wertz Run Heights, Carlisle, Cumberland County, Pennsylvania. BEING part of the premises which Norman J. Dellinger and Nancy J. Dellinger, his wife; William G. Oppensteel and Margaret J. Hippensteel, his wife, and Anthony L. Lepore and Aavadine S. Lepore, his wife, by their Deed dated August 5, 1993, and recorded August S 1993, in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "L," Volume 36, Page 438, granted and conveyed unto Kollas and Costopoulos, a Pennsylvania General Partnership, Grantors herein. UNDER AND SUBJECT to Declaration of Building and Use Restrictions for the Final Subdivision Plan of Wertz Run Heights, dated December 16, 1993, and recorded in Miscellaneous Book 463, Page 1178. Gig' + apes herby varrant specially the property hereby conveyed. n ryes mt= pLI .fx n- sup. .., r,. [• _+ fy fry i GV L:. i-d 1 { it • ? i Tr :? ?y P"•? 4 w_ •c v ,,qq -h Fi :v cra y rp re + i ?• ?l? %0 0 C.•1 n+ ?ti ` • "' Q BOOK PAGE223 l'rJ 'S+ .1: • C? O trl 1•..C• •LT rJf C'.,1 ::? 41 l'.•f G+ .„+ ? {y C.ti p.. ,• 1 (.N Q K?r., Lt ;.Z (o 2005 UDC 8 Phi 1 32 DMM ?? ?? ???? ¦d Crsaa t et*rR, siraAa{M,a auiagtlaNiaaM?? p? ?r eid ua't#aaluGpr ppt?,lYs?elreeaiwaOr??? ?aEi is? riliad?i?t?b1?1M?L?Ia?A?Aq?Rsads?aie?sr?? a pj* Awa a, Co" P.46 00174137 L?pt dwasipim ?fadrdhKNo ardauf? a pKt Abend axwmun% ramt,weber ?a16 1 Adphrfe, ANA Waeaii /o INt oo•.00- ynari 4a eeY 0nnae(?. gak Yia eY eee ir owr ed sied i?tldw,ir?,ws?at tl?. MtipwaeeFeieedrer? 6.s?wYaw?l?•?w.iM?MM ??Mwyaan y,,,?,Iq?? ee wim e1u18ende ebdvi a"tn.s ar eayyeetehwt, Soto tlN w!d alsida.(+?, n? vra?me w?so?, m. wta dnmgot(?j bdAav. henimeo at ldter Lapd en1 ad , Wa deer e?td ywe ?eee iewrrdWIN SAM AM Dom. die oe rrw..a eC *KwrYOF c l1/?bo t(1 4 Oaf-LA dq?at ?tdwaa bMK+airlael?iralt p"`M°a ??,t.?amaaea ¦ewael ad.?a..a.saashied*0 Ww" seoerded es{ aae?. I nt ee?t offim net. NO?IL GAL UNMK OM ftpvblo 110" NbMe "PAOMWXCWANNMp COWMV vamomenuatmWO i,i tMI34 a7 272 FUE1329 rw3ml.m tiarl pwe runo?e ari -Rani a?ei ?o-ta??o .y. i r J w L ?.4pMdM? 9OKMWUM, SpOUSE(S)i rho md=WW h-n J i0im hL? tWl , . y Im1Nme (' *0 vote pulp= of wt?JOC bwdk" cirpot{wimmet is the YropQty. By 6 trot Niftf toy hmmt" dourer. =UW o r Jo` ay rw& Na pmod I *ft under & Note ie hereby bmmd by the eodardpdjoW *Ctwc(l)r . (pf,&OZ SIGN YOUR NAME MCMY AS IT A"UM BELOW) SIGPi p 5ZAM AND DBE IN TIC SCE OF: *TrI snm(m)s BORROWER(' MINIM): ars ?. A ATTACK II' WMIUALNOTARY ACKNOWLS=MICNT fe-d 272 FACE1330 owj kWV00'4 911-s -"1 10:11 IM=-In E MIHIT "A•" ALL THAT CERTAIN PINCS OR PARCEL Or LAND WITH BUILDINGS AND ZKP S THSREOK ERECTED, IF ANY, SITUATE IN NSRTS RUN HaZGRTB, !FORTH MIDDLETON TOMNZP, CUMVIRLAND COUNTY, COIOIONWEALTK OF PENNSYLVANIA BOUNDED AND DESCRIEED IN ACCORDANCE NZTK FINAL SUEDIVZSZOK PLAN FOR PEASE NO, 4 POX "HERTZ RUN HE3GM,• RECORDED ON APRIL 16, ZOOZ, IN CUMBERLAND COUNTY PLAN BOOK 85, VAGB 37, AS FOLLOWS, TO NITi BNGXIUrM AT A POINT ON THE EASTERN RIGRT-OV-MAY LINE OF RIDGE AVENUE (A..50.00' RZONT-OF-NAY), SAID POINT BEING LOCATED THE FOLLOWING YOUR (4) COURSES FROM THE TEEIRNUS Or A CURVE C010 MIT i SAID NORTHERN RIGHT-OF-NAY LINE Or RIDGS AVENUE WITH THE NNSTERN RIGHT-OF-MAY LIES OF MEADS DRIVE (A $0.001 RIGHT-OF- NAY) 1) NORTH FIFTY-TWO DEGRasS, FORTH-FIVE KINUTE8, ZERO 0CONDS NEST (N 53 DEGREES 45 KINUTES 00 8XCOND2 K) A DISTANCE OF ONE HUNDRED THIRTY FEET (130.001), 1) BY A CURVE TO THE RIGHT, WIVZNG A RADIUS Or ONE RUMMM SEVENTY-YIVN YNET (R ¦ 175.001), AN ARC DISTANCE OF THREE Rome= TWENTY-SIx AND NINE KUNDXEDTH FEET (A/L . 376.091), 3) BY A CUM TO THE LEFT, HAVING A RADIUS OF TWO HUNDRED TWENTY-FIVE FEET (R • 175.001), AN ARC DISTANCE OF SIXTY- FIVE AND EIGHTY-THREE HUNDREDTH PUT (A/L 65.831), 4) NORTH THIETY-SEVEN DEGREES, FIFTEEN MINUTES, ZERO SECONDS RUT (N 37 DEGREES 15 MINUTES 00 SECONDS E) A DISTANCE OF EIGHTY-NIGHT AND drm-THREW HUNDREDTH FEET (88.631)1 20113 CE rROK SAID POINT Or BEGINNING, BY SAID RIGHT-OF-NAT NORTH THIRTY-SEVEN DEGREES, FZPTSEN MINUTES, ZERO SECONDS EAST (N 37 DEGREES 15 KINUTES 00 SSCOND8 s) A DISTANCE OF ONE HUNDRED TWO FEET (109.001) TO A POINT/ THEMCS BY LOT NO. 49 SOUTH VIM-TWO DuRs", FORTY-rIVE MINUTES, ZERO SECONDS RUT (S 57 DEGREES 45 MZNUTS8 00 820=9 E) A DZVmCN Or own HUNDRED FIFTY-EIGHT FEET (1584001) TO A POINT! THENCE EY LOT NO. 58 AND LOT NO. 57 SOOTS THIRTY-SEVEN DEGREES, FIFTEEN KZNUTXS, ZERO 831CONDS MEET (S 37 DEGREES 15 KINUTES 00 SECONDS W) A DISTANCE OF ONS HUNDRED TWO PEST (107.00+) TO A POINT; THENCE BY LOT NO. 51 NORTH FIFTY-TKO DEGREES, FORTY-FIVE KINUTES, ZERO SECONDS NEST (N 51 DEGREES 45 KINUTE8 00 SECONDS M) A DISTANCE OF ONE HUNDRED YIFTY-NIGRTY FEET (158.001) TO A POINT, THE PLACE Or BEGINNING. SAID TRACT CONTAINS 16,116.00 SQ. FT. OR 0.3700 ACRES. si c i d ? ' I .. . •l. ?.. ? •M n .F I mtwNM?1! !-l ? u $XBIBIT "AN NXIM LOT •50 OF THE FINAL SUIMMSION PLAN OF HERTZ RUN HErGNTS, CARLISLS; CUNDERLAND COUNTY, PENNB?LVAm. UNDER AND SUBJECT TO DECLARATION OF BUILDING AND USX RESTRICTION8 FOR 'PIES FINAL SQEDIVrSION PLAN OF WERTL RUN NEIGNTS, DATED DECMaER 16, 1993, AND RECORDED IN MISCELLANEOUS DOOR 4`3, FADE 1178. SOURCE OF TITLEI BOOK 258, PAGE 1392 (RECORDED 07/23/03) FOR INFORMATIONAL PURPOSES ONM "Ni 29-09-0429-083 ! Certify this to be recor(tcd In Cumberland County PA . Recorder of Deeds - t l1IIl1110I1VHM" ACKNOWLEMMEff State/Commonwealth of ss. County of On this the day of / DaylI me, rc.. i hl Public, personally appeared NowtSM MAA K DAtTO Nosy hftc NABM M tff. CUFAMAND COMM My CommrWon 6xvirm Feb 16.2009 Place Notary Seal and/or Arty Stemp Above before Year the undersigned Notary ? personally known to me - OR - &raved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Istare subscribed to the within instrument, and acknowledged to me that he/she/they executed the same for the purposes therein stated. WITNESS my hand and o seal. X-.1000, . of Notary Public OMIONAL Aff orgh 9w lMbtr uow in 9* noon Is rat mquhW by law, It may potty Wh able to penww rslyhp on ft doctrine a and coadd pretreat faudulent terttoml and reaffadnnent of 96 kmt b a ottw downent 70l#ftnxftnb here Desedpdon of Attached Document Tide or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: O 2002 Noor d Notary A=wW don' 9950 De Sob Ave., P.O. Box 2402 a ChabworNt, CA 91313.24M • tMrrw F1 lo4ry arp hem No. 59M Reorder: Cad Tall-Free 1-800 US NOTARY (1-800?8784f827) TOOK 272 PACEDU 1 ?. i?xM. n.. 1 ...1• ? •. 4 1 p?Wlll?11 ? ? 1 ? ? ? 'Certificate of Residence 1; AkL do her6by certify that the correct Address of the within-named U 7. LO/ Widtess my hand this day of ?ppg 6'mngk-e- n LOT.44-rJ I u nw .... i .d n n 1 .4 4. ?w 1 RE11N6i119C1rW1 ft-ka 4W POOMMAM 1x1?PNICia Wr"' OF MWEME etawt or WMAD lA1. UMS PO aklx al0lod REALTY TRANSFER TAX STATEMENT OF VALUE See Reverse for IrminwUms can naelarae . _9 . I ewe TM raw Complete gads stdm and go In du0cate with Recorder of Deeds when (1) to W rabelcaufder 1- N not tat forth h ft deed, (2) when the deed Is wMW =Wderadon. or by gill. or (3) a lox uwgAon Is claimed. A SINIMMnt of Value Is rat MOW R the transfer Is wholly exempt from tax baaW on: (1) far* relallonslrlp or (2) public u11Nty easement. If more e flow is needed, alhch oddllorat leeks). A tY WCPF*ZW 'i' - AN Inmeirlse maw lea ettrao.#mA 4w N.a "ju%udww wa.r..... Name Lendeni FM ChdCe like U. c / _ I Ad '. M9 VdW, Ca 9906$ ? WIN or Intestate succession ? Transfer to industrial Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identfying all beneficaries.) ? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? of ?ddeemnnatiioon. (if condnemns or I lau ooff ondernnalim attach ccoopy? ro dedication. condemnation or in Neu ? Transfer from mortgagor to a holder of a mortgage In default. Mortgage Book Number . Page Number ? Corrective or confirmatory deed. (Attach complete copy of the pdor deed being corroded or cw mled.) ? Statutory corporate consolidation, merger or division. (Attach copy Oth of ) er (Please explain exemption claimed. If other than Nstgd above.) Under penarNes•of low, l declare that 1 have examined thin Statement, Including accompanying Information, and to the best of my knowledge aid belief, it in true, correct and consulate. /4//iL/?1111341d S' FAILURE TO COMPLETE TH FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. Ed* 2W PAC-dX215 2. Check Appropriate Box Below for Exemption Claimed Borrower: William J. August ISSN: 198-64-90561 Lender: ORRSTOWN BANK Carmen K. Aught (SSN: 184-68-4609) STONEHEDGE OFFICE 83 Ridge Avows 77 EAST. KING STREET Carlisle, PA 17013 P 0 BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $235,200.00 Date of Note: October 31, 2007 Maturity Date: November 5, 2037 PROMISE TO PAY. I ("Borrower") jointly and severally promise to pay to ORRSTOWN BANK ("Lender"), or order. In lawful money of the United States of America, the principal amount of Two Hundred Thirty-five Thousand Two Hundred & 00/100 Dollars (9235,200.00), together with Interest on the unpaid principal balance from November 5, 2007, until paid In full. PAYMENT. Subject to any payment changes resulting from changes In On Index, I will pay this loan In accordance with the following payment schedule: 80 monthly consecutive principal and Interest payments in the Initial amount of $1,604.48 each, beginning December 5, 2007, with Interest calculated on the unpaid principal balances at an Initial Interest rate of 7.250% per annum; and 300 monthly consecutive principal and Interest payments In the Initial amount of $1,533.68 each, beginning December 5, 2012, with Interest calculated on the unpaid principal balances at an Interest rate based on the.weekiy average yield on US Treasury Securities adjusted to a constant maturity of one year (currently 3.970%), plus a margin of 2.750 percentage points, the sum rounded to the nearest 0.125, resulting In an initipl interest rate at 6.750%. My find payment will be due on November 5, 2037 and will be for all principal and aconuad Interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or ro**W by applicable law, payments will be applied fist to any accrued unpaid Interest; than to principal; than to any pate charges; and then to any unpaid collsetion costs. Interest on this Note Is computed on a 30/360 simple interest basis; that is, with the exception of odd days in the first payment period, monthly Interest is calculated by applying the ratio of the annual Interest rate over a yea of 360 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days In calculated on the bale of the actual days to the next full month and a 360-day year. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first BO payments, the interest rate on this loan will be 7.250%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the weekly average yield on US Treasury Securities adjusted to a constant maturity of one year (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying me. Lender will tell me the current Index rate upon my request. The interest rate change will not occur more often then each year. I understand that Lander may make loans based on other rates as well. The Index currently Is 3.970% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the Interest rate on this Note be more than the lesser of 13.250% per annum or the maximum rate allowed by applicable law. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 2.000 percentage points. Unless waived by Lender, any Increase in the Interest rate will increase the amounts of my payments. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment 'schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment or $2.50, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note, with the final interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the Interest rate exceed the maximum Interest rate limitations under applicable law. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lander or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading In any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, If I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral EXHIBIT "B" Parcel Identification Number: RECORDATION REQUESTED BY: ORRSTOWN BANK STON61BAfNE OFFICE 77 EAST KING STREET P O SOX 280 SHIPPENSBURG, PA 17287 WHEN RECORDED MAIL TO: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 260 SHIPPEN68URG, PA 17267 MORTGAGE Amount Secured Hereby: $235,200.00 Gq4q THIS MORTGAGE dated October 31, 2007, is made and executed between Willem J. August, whose address Is 83 Ridge Avenue, Cwlslo, PA 17013 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration. Orertto? grants, bargains, sells, convoys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and Interest in end 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, g _ , g al and similar matters, (the "Real Property") ( Wated in Cumberland County, Comma wealth Pennsylvania: Deed dated 12108/05; Book 272; Page 1329 The Real Property or its address is commonly known as 83 Ridge Avenue, Carlisle, PA 17013.• 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 Lander 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. M GIVEN TO SECURE (A) PAYMENT OF THE NNDBATEDMIM AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $238.300.00. THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses adai ng by reason of any 'one action' or 'anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender Its otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. GRANTOR'S REPRIESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage Is executed at Borrower's request and not at the request of Lender, (b? Grantor has the full power, right, and authority to enter into this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do riot conflict with, or result in a default under any agreement or other innstnxnent binding upon Grantor and do net result in a violation of any law, regulation, court decree or order applicable to Grantor;. (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis Information about Borrower's financial condition; and (a) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lender all Indebtedness secured by this Mortgage as It becomes due, and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: 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 MaYntain. Grantor shall maintain the Property In good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Compliance With Envbattmernal Laws. Grantor represents and warrants to Lander 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; (21 Grantor has no knowledge of, or reason to believe that there has teen, exnlept bs'drevioualy 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 EXHIBIT "C" MORTGAGE (Continued) Page 2 Substance on, under, about or from the Property; and Ibl any such activity shall be conducted In compliance with all applicable federal, state, and local laws, reguleftre and ordinances, including without pmltadon all Envirorxrnsntal Laws. Grantor authorizes Lender and its agents to weer upon the Property. to male such inspections and tests, at Grantor's expense, as Lender may doom appropriate to determine Property with this section of the Mortgage. Any inspections or tests made by Lender shall be purposes only and shall not be consumed to create any respo slWkv or Babli ty on the part of Linder to Gramm or to any other person. The representations and wrrantIn contained herein we 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 kdemnity or contribution In the avant Grantor becomes liable for cleanup or otter costa under any such laws; and (2) agrees to Intlermify, defend, and hold hermkse Lender against any and all clahns, losses, liabilities, damper, penalties, and expenses which Lender may directly or Imirwtly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest In the Property, whetter or not the same was or should have been known to Grantor. The provisions of this section of On Mortgage, including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and recomreyance of the Ilen 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 gerlerality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, anry timber, minerals (Including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of krrprovementa. 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 knprowments, Lander may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lander's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable tines 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. Compiance with Governmaca l Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in affect, 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 withhokf compliance during any proceeding, Including appropriate appeals, so king 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 oak 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 sole contract, land contract, contract for deed, leasehold Interest with a tern greater than three 13) yam, 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 land 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 Bens having priority over or equal to the interest of Lender under this Mortgage, except for those (lens 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, to long w Lender's Interest in the Property is not jeopardized. If a lion adeas or Is filed as a result of nonpayment, Grantor shall within fifteen 0 S) days after the Ilen arises or, if a Ban is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the Ben, or if requested by Lender, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lander In an amount sufficient to discharge the lion plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lion, In any contest, Grantor shall defend Itself and Lender and shell satisfy any adverse judgment before enforcement against the Property. Grantor shall name Larder 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. Notkte 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 Ben, neteriaknen's Non, or other Nan could be asserted on account of the work, services, or materials. Grantor wig upon request of Lender furrdsh 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 pan of this Mortgage: Maintenance of insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis or 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 tan 00) days' prior written notice to Lender and not containing any disclaimer of the Insurer's liability for failure to give such notice. MORTGAGE (Continued) Page 3 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 parson. ShotAd the Real Property be located in an eras 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 the loan and any rpthat the rior lions on the property In a loan, hazard to the maximum policy omits stet under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. Apppattlon of Proceeds. Grantor shall promptly notify Lender of any lose or damage to the Property. Lender may make proof of loss if Grantor falls to do so within fifteen 115) days of the casualty. Whether or not Lender's security is impalred, 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 Ilon 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 that to pay any amount owing to Larder under this Mortgage, then to pay accrued Interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lerder holds any proceeds payment in fug of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fags (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, or (C) to make repairs to the Property 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 riot required to, take any action that Lender believes to be appropriate to protect Lender's Interests. All expenses Incurred or paid by under for such purposes will then bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. AD such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (S) be added to the balance of the Note and be apportioned among and be payable with any installment payments to the Note; or (C) be tredue ated aduring either balloon paymen which will be dune and ayable at thee Note's 2 nummity remaining The Mortgage also wig secure payment of time 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 defsult. 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: Is) Grantor holds good and marketable title of record to the Property in too simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or In any title insurance policy, title report, or final title opinion Issued in favor of, and accepted by, Lander in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persona. In the event arty action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shag defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lander shag 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. Carnwille oe 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 Prarrntsas. 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 Borrower's Indebtedness Is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proooodkgs. If any proceeding in condemnation is filed, Grantor shag 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 msY be the nominal party in such proceeding, but Lender shell 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 procisds 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 Larder, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Larder to perfect and continue Lender's lien on the Reel Property. Grantor shag reimburse Lander for all taxes, as described below, together with all expenses incurred In recording, perfecting or continuing. this Mortgage, including without lijtitation 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 try this Mortgage; (2) a spscffic tax on Borrower which Borrower is authorized or required to deduct from payments on the Ind btsdness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shag have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes MORTGAGE (Continued) Pap 4 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 Lander shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Mgrsst. 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 raknburse Lander for all expanses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property riot affixed to the Property In a manner and at a piece reasonably convenient to Grantor and Lander and make It avail" to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which Information concerning the security Interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made; executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, ref cid, 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 (t) Borrower's and Grantor's obligations under the Note, tine Mortgage, and the Related Documents, and (2) the None and security Interests created by this Mortgage as first and prior lion on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Larder agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses Incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all the obligations Imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of 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 Lander from time to time. EVENTS OF DEFAULT. At Lender's option, Grantor will be In default under this Mortgage if any of the following happen: Payment Default. Borrower fails to make any payment when due under the indebtedness. Defsuk on Otter Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Freak other Promises. Borrower or Grantor breaks any promise made to Lender or falls to perform promptly at the time and strictly In the manner provided in this Mortgage or in any agreement related to this Mortgage. Floe Statements. Any representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective CoNsteralizedon. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or 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 Borrower or Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Grantor's property In which Lander has a Nan. This Includes taking of, garnishing of or levying on Borrower's or Grantor's accounts with Lender. However, If Borrower or Grantor disputes In good faith whether the claim on which the taking of the Property Is based is valid or reasonable, and If Borrower or Grantor gives Larder written notice of the claim and furnishes Larder with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Breach of Odor Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is riot remedied within any grace period provided therein, Including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guw tor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation parry of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at Its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and If Grantor has not been given a notice MORTGAGE (Continued) Pap 5 of a broach of the same provision of this Mortgage within the Preceding twelve (12) months, it may be cured if Grantor, attar receiving written notice from Lander demsndbq cure of such default: (1) curve the default within fifteen (15) days; or 12) if the ours requires more than fifteen (15) days, immediately Initiates saps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter contkens and completes all reasonable and necessary saps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by low: Accelerate Indebtedness. Lander shall have the right at Its option, after giving such notices as required by applicable law, to declare the entire Indebtedness Immediately dune 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. Calm Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and collect the Rena, Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Mdebadness. 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 Rena are collected by Lender, then Grantor irrevocably authorizes Lander to endorse Instruments received in payment thereof In the name of Grantor and to negotiate the some and collect the proceeds. Payments by tenants or other [sere to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or riot 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 Reoetver. Lander shall he" 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 Rena from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may verve 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. Nor*WMW 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 star 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 Borrower or 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 renal for the use of the Property, or (2) vacate the Property immediately upon the demand of Larder. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sala of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waive any and all right to have the Property marshalled. In exercising its rights and remedies, Lander 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 Sala. 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 roads. 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. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Eleadon of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An Wootton by Lender to choose any one remedy will not bar Lander 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 too, that decision by Lender will not effect 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 lours that in Larder'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 shag bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without 1(mltation, however subject to any gmlts under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawault, Including reasonable attorneys' fees and expenses for bankruptcy proceedings precluding efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated postiudgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and this 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 ow, any notice required to be given under this Mortgage shell be given in. writing, and shall be affective when actually delivered, . when actually received by taiefscsimile (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 mall postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the. holder of any. Ion which has priority over this Mortgage shall be earn 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. ADJUSTABLE RATE RIDER. An exhibit, titled "ADJUSTABLE RATE RIDER," is attached to this Mortgage and by this MORTGAGE (Continued) Page 6 reference is made a part of this Mortgage just as if all the provisions, terms and conditions of the Exhibit had been fully sat forth In this Mortgage. MISCELLANEOUS PROVISION. The following miscellaneous provisions are a part of this Mortgage: Amendments. What Is written in tins Mortgage and in the Related Documents Is Grantor's entire agreement with LaMar concerning the matters covered by this Mortgage. To be effective, any charge 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. Governing Law. This Mortgage will be govemed by federal law appNeable to Larder and, to the extort not preempted by federal law, the kwwa of the Commonwedth of Peraeybanis without regard to its conflicts of low provkktm. This Mortgage has been accepted by Lander in the CommonweaRh of Pain ylvanis. Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several, and all references to Grantor shell mean each and-every Grantor, and all references to Borrower shell mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Larder. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lander does so M 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 haw 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 Lander will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Sew?abWty. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by Itself will riot 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 William J. August and Carmen K. August and includes all co-sigrrers and co-makers signing the Note and all their successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and ail 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 1990, as emended, 42 U.S.C. Section 9501, at esq. 1"CERCLA'), the Superfund Amendments and Reauthorization Act of 1988, Pub. L. No. 99-499 1"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 5901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Evert of Default. The words 'Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means William J. August. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. 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 Reel Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amount 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. Lender. The word 'Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Mortgage. The word 'Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated October 31, 2007, In the original principal amount of $235,200.00 from Borrower to Lander, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note Is November 5, 2037. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. MORTGAGE (Continued) Page 7 Property. The word 'Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, ban 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 otter benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND 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: CERTIFICATE OF RESIDENCE 1 hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows: STONEHEDGE OFFICE, 77 EAST KING STREET, P O BOX 250, SHIPPENPQpG, PA. 17257 or INDIVIDUAL ACKNOWLEDI COMMONWEALTH OF PENNSYLVANIA ? ISS COUNTY OF ?hbl i 1(?IVJ`' 1 n On this, the _ V3)' S F day of 60/ me (or satisfactorily proven) td be the person whose name is subs that he or she executed the same for the purposes therein contai In witness whereof, I hereunto set my hand and official seal COM ONwEAIT F PENNSY NIA TH OF Y RL4i iA NOTAA?JA???L?SE?iL Dawn ie 'si nu;. iry PubYe 7MIAL n Merle :1494 Cereal ru.L?:: ;rlei Courtly W.Baro. Cw nbwMndCo Ex Mn Me 2009 nsalalon Expires May 1T , 20 0, before me onally appeared William J. August, known to to the within Instrument, and acknowledged the State of WM ML$-W w,. LXS&wl C-M"w..$ r aw,r".".,ul. xw. .%-ll..w6 ...,ft oMR m.ma Mn ALL THAT CERTAIN piece or parcel of land with buildings and improvements thereon erected, if any, situate in Wertz Run Heights, North Middleton Township, Cumberland County, Commonwealth of Pennsylvania bounded and described in accordance with Final Subdivision Plan for Phase No. 4 for "Wertz Run Heights," recorded on April 16, 2002, in Cumberland County Plan Book 85, Page 37, as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Ridge Avenue (a 50.00' right-of-way), said point being located the following three (4) courses from the terminus of a curve connecting said northern right-of-way line of Ridge Avenue with the western right-of-way line of Meade Drive (a 50.00' right-of-way) 1) North fifty- two degrees, forty-five minutes, zero seconds West (N 52° 45' 00" W) a distance of one hundred thirty feet (130.00'), 2) by a curve to the right, having a radius of one hundred seventy-five feet (R = 175.00'), an arc distance of three hundred twenty-six and nine hundredth feet (AIL = 326.09'), 3) by a curve to the left, having a radius of two hundred twenty-five feet (R = 225.00'), an arc distance of sixty-five and eighty-three hundredth feet (A/L 65.831), 4) North thirty-seven degrees, fifteen minutes, zero seconds East (N 37° 15' 00" E) a distance of eighty-eight and sixty-three hundredth feet (88.63'): thence from said point of Beginning, by said right-of-way North thirty-seven degrees, fifteen minutes, zero seconds East (N 37° 15' 00" E) a distance of one hundred two feet; (102.00) to a point; thence by Lot No.49 South fifty-two degrees, forty-five minutes, zero seconds East (S 52° 45' 00" E) a distance of one hundred fifty-eight feet (158.00') to a point; thence by Lot No. 58 and Lot No. 57 South thirty-seven degrees, fifteen minutes, zero seconds West (S 37° 15' 00" W) a distance of one hundred two feet (102.00') to a. point; thence by Lot No. 51 North fifty-two degrees, forty-five minutes, zero seconds West (N 52° 45' 00" W) a distance of one hundred fifty-eight feet (158.00') to a point, the place of BEGINNING. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200742186 Recorded On 11/712007 At 10:25:43 AM * Instrument Type - MORTGAGE Invoice Number - 8349 . User ID - RAK * Mortgagor - AUGUST, WELLiAM J * Mortgagee - ORRSTOWN BANK * Customer - MADISON * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING PEES - $23.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES PER $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - I 1 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDE/R° O ID DS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Nn?l?iin ORRSTOWN BANK A Tradition of Excellence June 10, 2009 William J. August Return Receipt Requested Carmen K. August and Regular U. S. Mail 83 Ridge Road Carlisle, Pa. 17013 ACT 91 NOTICE J ' TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached panes. This Notice explains how the proaram works. impaired hearing can call (717) 780-1869). This Notice contains important legal Information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT' "D" P.U. Box 250 • Shippensburg, 1'A 17257 • 717.530.3530 • 717.532.4143 fax z LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): William J. August Carmen K. August PROPERTY ADDRESS: 83 Ridge Ave. Carlisle. Pa. 17013 LOAN ACCT. NO.: 1060005944 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING, MUST DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The named addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. _APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED TEMPORARILY STAY OF FORECLOSURE". A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date . NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 83 Rldne Ave., Carlisle, Pa. 17013 1S SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:_ April 5th--S 759.48, May 5t'- $ 1,604.48 and June 5th-- 1 604.48. Other charges (explainfitemize): LATE CHARGES--S 394.76 TOTAL AMOUNT PAST DUE: 4,363.20 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: NIA HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4.363.20 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NIA IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise its riahts to accelerate the mortaaae debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uR2n your mortaape Property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If-You cure the default within the THIRTY 30 DAY period, you will not be re uired to a attorne 's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. KIWI i u UVKt I Mr- DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have. the right EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: rrstown Bank EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: vnc murLgage. %,unng your aerauit to the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. contact Person: Betsy J. Smith E-Mail Address: bsmith@orrstown.com. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THOS MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, 'd j- BETSY J. SMITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 of Capital Region Loveship, Inc. 2320 North 5th Street Harrisburg, Pa. 17110 717-232-2207 Marantha 31 West Td Street Waynesboro, PA 17268 (717) 762-3285 Base, Inc. 447 South Prince Street Lancaster, Pa. 17603 (717)-392-5467 Opportunity Inc. 301 East Market Street York, Pa. 17403 (717)-424-3645 PHFA 211 North Front Street Harrisburg, Pa. 17110 (717) 780-3940 or 800-342-2397 Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western Pa. Colonial Shopping Center 970 S. George Street York, Pa. 17403 (888)-511-2227 American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, Pa. 17331 (717) 637-3768 CCCS of Northeastern Pa. 202 W. Hamilton Avenue State College, Pa. 16801 (814) 238-3668 or 800-922-9537 Housing Alliance of York 35 South Duke Street York, Pa. 17401 (717)-854-1541 4611fi 01%1X %N BANK A Tradition of Excellence June 10, 2009 Carmen K. August Return Receipt Requested William J. August and Regular U. S. Mail 83 Ridge Road Carlisle, Pa. 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached panes. in The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM tHEMAPI may be able to help to save your home. This Notice explains how the program works. This Notice contains important legal Information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. P.O. Box 250 • Shippensburg, PA 17257 • 717.530.3530 • 717.532.4143 fax LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): William J. August Carmen K. August PROPERTY ADDRESS: 83 Ridge Ave. Carlisle. Pa. 17013 LOAN ACCT. NO.: 1060005944 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKF FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a 'face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAB OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of delignated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARILY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP ALLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) v • HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 83 Ridge Ave., Carlisle, Pa. 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: April 5th--$ 759.48, May 5th--$ 1,604.48 and June sth_- 1 04.48. Other charges (explain/itemize): LATE CHARGES-4 394.76 TOTAL AMOUNT PAST DUE: 4,363.20 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: NIA HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,363.20 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NIA IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. T 5 ? IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY (30) DAY Period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and orevent the sale at any time ut) to one hour before the Sheriffs Sale. You may EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: P.O. Box 250.77 East Kina Street Fax Number: (717) 709-3091 Contact Person: Betsy J. Smith EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attomey's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 1 ? YOU MAY ALSO HAVE THE RIGHT; • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, 9 BETSY J. SMITH, COLLECTION DEPT. I 1 1 s CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm. of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, Pa. 17110 717-232-2207 Marantha 31 West 3'0 Street Waynesboro, PA 17268 (717) 762-3285 Base, Inc. 447 South Prince Street Lancaster, Pa. 17603 (717)-392-5467 Opportunity Inc. 301 East Market Street York, Pa. 17403 (717)-424-3645 PHFA 211 North Front Street Harrisburg, Pa. 17110 (717) 780-3940 or 800-342-2397 Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western Pa. Colonial Shopping Center 970 S. George Street York, Pa. 17403 (888)-511-2227 American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, Pa. 17331 (717) 637-3768 CCCS of Northeastern Pa. 202 W. Hamilton Avenue State College, Pa. 16801 (814) 238-3668 or 800-922-9537 Housing Alliance of York 35 South Duke Street York, Pa. 17401 (717)-854-1541 W N "11 -16 m i A V zr ok' C ,IO O Rl Ir ru N cn CP CP Ln g K 7008 2810 0002 2622 5885 cn T ? R co 8 e r g ; o co 01- J m 0 11L Q t:d C, s ? N 19 2 t L 3000 diz wow o3nivw F ? c 04 np £ot6S2tiooo . ", r,:, ?0'. t Wt 20 SgA4p)t AJNIiJ -. ?.. `L ??` - a44aoa`aoti q EXHIBIT "E" ,« co g, Ln ru ri -0 ru ru:• Q' ? I Q . r9 ; co N i M I C {ti ? 7 e C N. l N j a ALBS 2292 2000 OT92 9004 ? ? 9/ R-r@mp. R?N1 Y 80?eiE.s - 02 iM" 0004259703 JUN10 200 MAILED FROM ZIP CODE 1 72 ° um - E T T 7 LL v W ' D p Lr V X ? cd 1` c tv y k n a a n ?? s v ?o E E a 2 u v a OF THrc P, ,?h 2Z?9 OCT 15 P ?+? 16 n; 1, *rm.50 PQ AITq co 151 o7 as 130 +L - L Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~~~ qtr oY GurriLFr{~~~~ ..~~ ;~ r ~~~.,r~ r fi~J! ~ ~ r ~- , ~ - , it ~, ~ 7r ,, .i_. ~ Orrstown Bank vs. Carmen K. August ~~ r;: a ~:~ _ ~. _ _ ., , Case Number 2009-7096 SHERIFF'S RETURN OF SERVICE 10/19/2009 03:21 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2009 at 1521 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Carmen K. August, by making known unto herself personally, at 83 Ridge Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/19/2009 03:21 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2009 at 1521 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William J. August, by making known unto Carmen K. August, wife of defendant at 83 Ridge Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.84 October 20, 2009 SO ANSWERS, ~art..s* R THOMAS KLINE, SHERIFF By~../~ Duty ariff November 1, 2009 Court of Common Pleas of Cumberland County Pennsylvania 1 Courthouse Square Carlisle, PA 17103 RE: N0.2009-7096 CIVIL TERM WILLIAM J. AUGUST and CARMEN K. AUGUST 83 RIDGE AVENUE; CARLISLE, PA 17103 r.5w zT To Whom It May Concern: The purpose of this letter is to respond to the above mentioned. case. We will be representing ourselves in this matter. It is our intention to work with Orrstown Bank to solve this matter and to bring us into good standing by no later than December 31 ~, 2009. We wish. to avoid summary judgment against us as we attempt to correct this situation. Kindly, it iam J. armen K. August r .; :r; ~ ~~ U. `~x~ ry ~ ~ [D ~ a<= ..~~ ~~ o ~, W 00 N J ~6. r• ~' ~.4~ ~~ t ~~ t ~ ~ ~ , a ~~ v 0 4~ 3 p _ ~~ ~l ~' r ..~: ~~ t T.~= _~ .. _. ~~. a3A3a0~ ssvi~~e p1N