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HomeMy WebLinkAbout12-07-09 (4)---~ REV-1500 1505607120 PA Department of Revenue ~ (~-05) OFFICIAL USE ONLY Bureau of Individual Taxes County Code Year File Number Po eox.26oso~ INHERITANCE TAX RETURN Harrisburg, PA 17128-0601 RESIDENT DECEDENT 21 0 9 0 0 314 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 206161496 03072009 02251927 Decedent's Last Name Suffix Decedent's First Name MI WILLIAMSON GLENN S (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI WILLIAMSON JUNE M Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ® 1. Original Retum ^ 2. Supplemental Retum ~ 3, Remainder Retum (date of death prior to 12.13-82) ^ 4. Limited Estate ^ qa future Interest Compromise 5. Federal Estate Tax Return R ulred (date of death after 12-12-82) ^ eQ ® g. Decedent Died Testate ~ Decedent Maintained a Living Trust 0 (A~ ~Dy or t^/il9 ^ (Attach Copy or Trust) __ 8. Total Number of Safe Deposit Boxes ^ 9. Litigation Proceeds Received ^ 1 p. Spousal Poverty Credit ((date of death 11. Election to tax under Sec. 9113 A between 121-91 and i-1-95) ^ ( ) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATI N SHOULD BE DIRECTED TO: ame Daytime Telephone Number DEBRA R. WALLET 7177371300 Firm Name (If Applicable) LAW OFFICES OF DEBRA R. WALLET First line of address 24 NORTH 32ND STREET Second line of address City or Post Office CAMP HILL State ZIP Code PA 17011 REGISTER OF ILLS USE ~Y .°s~ ~ t n r, c~ -..t F~•i DAD iCi '' C.~ ~,- Correspondent's e-mail addn3ss: W a I l e t d e b~ a O I. C O m Under penaMies of perjury,) declare that 1 have examined this return, including accompanying schedules and statements, and to the ft is true, txxred and complete, Declaration of preparer other than the personal representative is based on all information of which of M. Williamson has any k wedge, lief, ~= `... rat `I '" ~~ ~z~ ~ Z ~~ i' .D 1c~ 311 Glendale Drive, Shiremanstown, PA 17011 ~ SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE ~~~ DATE Debra K. Wallet 191.J3Jpg ADDRESS 24 North 32nd Street, Camp Hill, PA 17011 Side 1 1505607120 1505607120 J 1505607220 REV-1500 EX Decedent's Social Security Number oecedern~aName: WILLIAMSON, GLENN S. 2 0 61614 9 6 RECAPITULATION 1. Real Estate (Schedule A) .......................................................................................... 1. 2. Stocks and Bonds (Schedule B) ............................................................................... 2. 2 2 6 , 4 9 9.01 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).......... 3. 4. Mortlgages 8 Notes Receivable (Schedule D) .......................................................... 4. 2 , 1 12.6 8 5• Cash, Bank Deposits 8 Miscellaneous Personal Property (Schedule E) ................ 5. 9 5 . 9 9 6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested ............. 6 7. Inter-V'roos Transfers 8~ Miscellaneous Non-Probate Property (Schedule G) . ^ Separate Billing Requested ............. 7, 4 4 , 5 0 5.61 8. Total Gross Assets (total Lines 1-7) ....................................................................... g, 2 7 3 , 213.2 9 9. Funeral Expenses 8 Administrative Costs (Schedule H) ......................................... 9. 13 , 2 3 8 . 9 0 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ................................ 10. 3 , 3 4 5 . 0 0 11. Total Deductions (total Lines 9 & 10) ...................................................................... 11. 16 , 5 8 3 . 9 0 12. Net Value of Estate (Line 8 minus Line 11) ............................................................. 12. 2 5 6 6 2 9 3 9 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which , . an election to tax has not been made (Schedule J) ................................................. 13, 14. Net Value Subject to Tax (Line 12 minus Line 13) ................................................. TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RAT 14. 2 5 6 , 6 2 9 . 3 9 15. ES Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2)x.oo 256, 629.39 15. 0 00 16. Amount of Line 14 taxable . at lineal rate X .045 16 17. Amount of Line 14 taxable at sibling rate X ,12 17 18. Amount of Line 14 taxable at collateral rate X .15 18 19. Tax Due ......... ............................................................................................................ 19. 0.00 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. 1505607220 Side 2 1505607220 J REV-1500 EX Page 3 Decedent's Complete Address: STRE cITY Williamson, Glenn S. 311 Glendale Drive Shiremanstown File Number 21 - 09 - 00314 STATE Zlp PA j 17011 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) (1) 0.00 2. Credits/Payments ______ A. Spousal Poverty Credit B. Prior Payments C. Discount 3. Interest/Penafty N applicable Total Credits (A + B + C) (2) 0.00 D. Interest E. Penalty Total Interest/Penalty (D + E) (3) 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) Check box on Page 2 Line 20 to request a n3fund - -___ 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0.00 A. Enter the interest on the tax due. --- (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) ~.0~ Make Check Payable to: REGISTER OF WILLS, AGEMT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred :............................. ................................................... retain the right to designate who shall use the property transferred or its income :.................................... c. retain a reversionary interest; or .................................................................................................................. x d. receive the promise for life of either payments, benefits or care? .............................................................. 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............................... x ..................................... x 3. Did decedent own an "intrust for" or payable upon death bank account or security at his or her death?......... 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which ^ ^ contains a beneficiary designation? ...................................... ^ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)). For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the Surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)). The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disGosure of assets and filing a tax return are still applicable even ff the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent p2 P.S. §9116 (a) (1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. §9116 1.2) p2 P.S. §9116 (a) (1)]. sibl 9XS dtefined under Sectiont9102, as an indiv dual who has at least one parent inscolmmon ~h Ithe(decedentnwh that by blo d(or adoption. COMAroNwEALTH of PENNSVLVANu INHERRANCE TAX RETURN RESDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF Williamson, Glenn S. FILE NUMBER 21 - 09 - 00314 All property jointy-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OF DEATH 1 Vanguard REIT Index Fund Inv #0123-88017705543 7.01 11,025.25 2 Vanguard 500 Index Fund Inv #0040-88017705543 63.26 1,680.25 3 Vanguard Equity Income Fund Inv #0065-88017823030 11.47 26,883.12 4 Vanguard Wellesley Income Fund Inv #0027-88017705543 16.22 ~ 36,742.01 5 Vanguard Inter-Term Invest-Gr Inv#0071-88017705543 8.44 81,684.16 6 Vanguard Windsor Fund tnvestor#0022-88017823030 6.76 26,848.84 7 Vanguard GNMA Fund Investor Shares #0036-09949654385 10.59 11,679.50 8 Vanguard Wellington Fund Inv #0021-09949654385 20.65 29,955.88 TOTAL (Also enter on line 2, Recapitulation) T 226,499.01 SCHEDULE D COI~MAONWEALTN OF PENNSYLVgNIq MORTGAGES & NOTES RECEIVABLE INNERRANCE TALC RETURN RE8IDENT DECEDENT ESTATE OF Williamson, Glenn S. FILE NUMBER 21 - 09 - 00314 All property jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM ___ NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 Mortgage between Robert G. Williamson (Mortgagor) and Glenn S. Williamson & June M. 2,112.68 Williamson (Mortgagees) $4,224.68 x 50% (see attached) TOTAL (Also enter on Line 4, Recapitulation) 2 112.68 CDMMONriEALTH of PENNSnvANIA MIHERRANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Williamson, Glenn S. SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY FILE NUMBER 21 - 09 - 00314 Include the pproceeds of litigation and the date the proceeds were received by the estate. All property jointly«owned with the right of survivorship must be disclosed on schedule F. ITEM __ ._ NUMBER DESCRIPTION VALUE AT DATE OF _ DEATH 1 Accrued dividend on Vanguard Inter-Term Invest - Gr Inv #0071-88017705543 86.32 2 Accrued dividend on Vanguard GNMA Fund Investor Shares #0036-00949654385 9.67 TOTAL (Also enter on Line 5, Recapitulation) ~ 95.99 COMMONWEALTH OF PENNSYLVANIA SCHEDULE G INHERITANCE TAX RETURN INTER-VIVOS TRANSFERS ~ RESIDENT DECEDENT MISC. NON-PROBATE PROPERTY ESTATE OF Williamson, Glenn S. FILE NUMBER 21 - 09 - 00314 ~ rns schedule must be completed and filed if the answer to any of questions 1 through 4 on Haas 2 ~A ~QA ITEM NUMBER DESCRIPTION OF PROPERTY Include the name at the transferee, their relationship to decedent and the date of transfer. Attach a copy of the deed for real estate. DATE OF DEATH VALUE OF ASSET % OF DECD'S INTEREST EXCLUSION (IF APPLICABLE) TAXABLE VALUE 1 Vanguard GNMA Fund IRA Acct. #9949654385 11 578 28 100% , . 11,578.28 2 Vanguard Wellington Fund IRA Acct. #9949654385 32 927 33 100% , . i I I I I i 32,927.33 TOTAL (Also enter on line 7, Recapitulation) 44,505.61 DDMMDNWEIILTH of PENNBVLVaNw INHERRANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Williamson, Glenn S. 9CFEDULE H eFln.~_E~.?A~LD~~B~V~S & ~'~+~.~711W I IYG FILE NUMBER ~1 _ nQ _ nn~~d veois or aeceaent must be roported on Schedule I. ITEM NUMBER FUNERAL EXPENSES: DESCRIPTION AMOUNT A. 1 Malpezzi Funeral Home, 8 Market Plaza Way, Mechanicsburg, PA 17055 1,176.90 (money owed over prepaid expenses) 2 Office of Catholic Cemeteries (grave marker) 3,450.00 3 Snapper's (funeral luncheon) 682.00 B. 1 2. 3. 4. 5. 6. 7. 1 ADMINISTRATIVE COSTS: Personal Representative's Commissions Social Security Number(s) / EIN Number of Personal Representative(s): Street Address City State Zip Year(s) Commission paid Attorney's Fees Debra K. Wallet, Esq. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address Cdy State Zip Relationship of Claimant to Decedent Probate Fees Accountant's Fees Tax Return Preparer's Fees Other Administrative Costs Postage, photocopies, mileage, etc. 7, 500.00 400.00 30.00 TOTAL (Also enter on line 9, Recapitulation) 13 238.90 SCHEDULEI DEBTS OF DECEDENT, MORTGAGE INNERRANCE TA7C RETURN °°"""°"~"E"""°~~'""g"`"""'" LIABILITIES, & LIENS RE8IDENT DECEDENT ESTATE OF Williamson, Glenn S. FILE NUMBER 21 - 09 - 00314 Include unreimbun;ed medical expenses. ITEM NUMBER DESCRIPTION AMOUNT 1 Reimbursement for caregivers 3,345.00 TOTAL (Also enter on Line 10, Recapitulatipn) I 3,345.00 REV-161 EXa (>i.°p) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE) BENEFICIARIES ESTATE OF Williamson, Glenn S. NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I~ TAXABLE DISTRIBUTIONS [include.outright spousal distributions and transfers under Sec. X116 (a) (1.2)] 1 June M. Williamson 311 Glendale Drive Shiremanstown, PA 17011 II. 1 2 FILE NUMBER 21 -09-00314 RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE DECEDENT (Words) ($$$) Do Not List Trusteals) - ~ -- Wife 100% of Estate Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE Robert Williamson 206 N. Edgmont St., Media, PA 19063 (All assets on Schedules B, E, 8~ D pass to the Trust which benefits the surviving spouse only for her lifetime and then passes to son, listed above) B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00 LAST Il~ILL AND T~ST~bI~NT O ~' fiL~NN S. Y'l~ILLI~I~ISON I, GLENN S. WILLIAMSON, of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby make, publish, and declare this to be my Last Will and Testament and hereby revoke all other Wills and Codicils that I have made, including the Will dated April 16, 2001. FIRST: I give and bequeath all of the tangible personal property located at my residence to my beloved wife, JUNE M. WILLIAMSON, so long as she shall survive me by thirty (30) days. SECOND: Should my beloved wife, JUNE M. WILLIAMSON, survive me, all the rest, residue, and remainder of my Estate,: of whatever nature and wherever situate, I give, devise, and bequeath into two sepaFate .trusts, hereinafter known as "Trust A" and "Trust. B." '~ Trust A shall consist of the largest amount, if any, that can pass free of federal estate tax by '~'~ reason of the unified credit and the state death tax credit (to the extent that use of the state death tax credit does not increase state death taxes otherwise payable by my estate) allowable under the federal estate tax law and after taking into account (a) all other general and specific bequests and devises under my will and any codicil thereto and (b) all property passing otherwise than under my will and any codicil thereto, which do not qualify for the marital or charitable deductions permitted under the federal estate tax law, and all charges to principal that are not deducted in computing my federal estate tax. Trust B shall comprise of the remaining fractional share of my assets, after setting apart Trust A. If my spouse and I die under circumstances creating any doubt as to the order of our deaths, then my spouse shall be conclusively presumed to have survived me, and my Estate shall be administered accordingly. THIRD: Trust A shall be administered as follows: A. During the lifetime of my spouse: 1. All of the net income shall be paid to my spouse quarterly or at more frequent intervals at the discretion of my Trustee. 2. So much of the principal of the trust as my Trustee may in his discretion deem proper for my spouse's welfare, comfort, maintenance, and support, provided however, that no part of the principal of Trust A shall be used for my spouse's personal needs until the principal of Trust B is first exhausted. B. Upon the death of my spouse, the principal of Trust A shall be paid to my son, ROBERT G. WILLIAMSON, of Media, Pennsylvania. Should my son fail to survive me by thirty (30) days, but be represented by children then living, these children shall take, per stirpes, the share to which mY .son would have been entitled. Should any of my beneficiaries not -have attained the age of thirty (30) years at the time of my death, I direct that my Estate as given to such beneficiary be given to my Trustee, hereinafter named, in trust, as provided in paragraph NINTH herein. FOURTH: Trust B shall be administered as follows: A. During the lifetime of my spouse: ~ - 1. All of the net income shall be paid to my spouse quarterly or at more frequent intervals at the discretion of my Trustee. 2 2. As much of the principal as my spouse may at any time and from time to time request in writing from the Trustee shall be paid directly to my spouse, and, 3. So much of the principal of the trust as my Trustee may in his discretion deem proper for my spouse's welfare, comfort, maintenance, and support. B. Upon the death of my spouse, the Trustee shall pay over the then remaining principal, together with all income accrued and unpaid to the date of my spouse's death to such person or persons as my spouse shall appoint by Will, expressly referring to the power of appointment herein given, or in default of such appointment, my Trustee shall add the same to Trust A to be held as though originally forming a part thereof, after first paying or providing for the payment from the remaining assets of Trust B such portion of the federal estate tax, including penalties and interest thereon, as may be imposed upon my spouse's estate by reason of the inclusion of the principal of Trust B in my spouse's gross estate subject to federal estate tax. FIFTH: A. In the administration of Trust A, Trust B, or any other trust established ' as a result of this Will, the Trustee shall have the following powers, deemed to be supplementary to and not exclusive of, the general powers of trustees pursuant to law and including all powers necessary to carry the same into effect, all of which shall be exercised in a fiduciary capacity: '~~, 1. To hold any or all of the Trust Estate in the form received. 2. To sell at public or private. sale, to mortgage, pledge, or hypothecate or to exchange or lease (including lease for a period extending beyond the term of this Trust), 3 any stocks, notes, securities, real estate, minerals, and other trust property, upon such terms, cash or credit, or both, as he may deem advisable. . 3. To invest and reinvest the Trust Estate in investments limited to real or personal property, minerals, royalties, and leaseholds. 4. To construct, add to, repair, or demolish (in whole or in part) any improvements upon any Trust property. 5. To participate in any reorganization, consolidation, merger, or dissolution of any corporation, the stocks, bonds, or other securities of which may be held at any time as part of the Trust Estate and to receive and continue to hold any property which may be allocated or distributed to it by reason of participation in any such reorganization, merger, or dissolution. 6. To make or hold investments or any part of the Trust Estate in common or undivided interests with other persons, corporations, or trusts. 7. To demand; receive, receipt for, sue for, and collect any and. all rights,- money, properties, or claims, to -which this Trust may be entitled, and to compromise, settle, azbitrate, or abandon any claim or demand in favor of or against this Trust. 8. To borrow funds for this Trust in such amounts and for such purposes as he shall deem for the best interest of this Trust and the beneficiary thereof, and to purchase property on the credit of this Trust, and, in connection with such borrowing or such purchase, to execute and deliver promissory notes or other evidences of indebtedness of this Trust and to mortgage or pledge all or any .part of the Trust Estate to secure payment of such indebtedness, and to repay such indebtedness out of the Trust Estate. 4 9. To employ agents, legal counsel, brokers, and assistants, and to pay their fees and expenses as he may deem necessary or advisable to carry out the provisions of this Trust. 10. To vote in person or by proxy any shares of stock which may form part of this Trust. 11. To lend money to any person or persons upon such terms, but with adequate interest and security, as he may deem advisable for the best interests of this Trust. To elect, appoint, and remove directors of any corporation, the stock of which shall constitute Trust property, and to act as a director and officer of any such corporation. 12. Generally, and without limitation by any specific enumeration herein, to manage, control, operate, reconvert, invest, reinvest, sell, exchange, lease, mortgage, pledge, pool, or otherwise encumber and deal with the property of this Trust, for and in behalf of this Trust and the beneficiary thereof, to the same extent and with the same powers that any individual would have in respect to his own property and funds.. 13. To act freely under all or any of the powers by this agreement given to the Trustee in all matters concerning this Trust, after forming his judgment based upon all ~~~ the circumstances of any particular situation as to the interest of this Trust and the beneficiary hereunder, without the necessity of obtaining the consent or permission of any person interested therein, or the consent or approval of any court, and notwithstanding that he may also be acting individually, or as trustee of other trusts, or as agent for other persons or corporations. interested in the same matters, or may be interested in connection with the same matters as stockholder, director, or otherwise, provided, however, that he shall exercise such 5 powers at all times in a fiduciary capacity primarily in the interest of the beneficiary hereunder. - - 14. To invest trust funds in interests in any common trust fund or funds now or hereafter established and being administered by the Trustee solely for the investment of trust funds. 15. To make, in his sole and absolute discretion, any income, estate or gift tax elections, including the appropriate election to qualify the entire trust or any percentile or fractional share of the property for the marital deduction as qualified terminable interest B. The Trustee of Trust A shall have the sole discretion to select the specific assets, in cash or in kind or partly in each, which shall constitute Trust A; provided, however, the property transferred to Trust A shall carry with it as income and not as principal its proportionate share of the income of the trust and the estate, if applicable, and each asset selected for Trust A shall be valued at its fair market value as determined on the date of its transfer to Trust A. It is the intention of the Testator that assets selected for Trust B should qualify for the marital deduction under the Internal Revenue Code and the Testator directs that the provisions of this Will be interpreted in accordance with such intent. The words "marital ~, deduction" and "pass" as used herein. shall have the same meaning as said words have in the Internal Revenue Code. The Trustee of either trust shall not have an ri hts, owers, duties Y g P authority, privileges, immunities or discretion to the extent that such would disqualify the trust for the maximum marital deduction. SIXTH: Should any of the Trusts created pursuant to this, my Last Will and Testament, in the sole opinion of my Trustee, be or become too small to warrant continuing 6 such fund in trust, or should its administration be or become impractical for any other reason, my Trustee, in his sole discretion, may terminate the trust and distribute the trust assets to the beneficiaries. SEVENTH: Upon my death if my wife, JUNE M. WILLIAMSON, fails to survive me, I give, devise, and bequeath all of my real estate, together with all tangible personal property located at my residence, including any automobiles owned by me at the time of my death to my son, ROBERT G. WILLIAMSON, of Media, Pennsylvania, so long as he shall survive me by thirty (30) days. EIGHTH: Upon my death if my wife, JUNE M. WILLIAMSON, fails to survive me, I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatever nature and wherever situate, as follows: A. Forty (40%) percent to my son, ROBERT G. WILLIAMSON; B. Thirty-five (35 %) percent to my granddaughter, CATHERINE ANNA KEIDEL, of Charlotte, Vermont; C. Twenty-five (25 %) percent to my granddaughter, PHYLLIS WILLIAMSON, of Media, Pennsylvania. Should any of the above beneficiaries be deceased but be represented by children then living, these children shall take, per stirpes, the share to which my beneficiary would have i been entitled. NINTH: Should any of my beneficiaries not have attained the age of thirty (30) years at the time of my death, I direct that my Estate as given. to such beneficiary be given to my Trustee, hereinafter named, in trust for the following uses and purposes and upon the following terms: 7 A. The net income of the Trust shall be paid to and be applied for my beneficiary's care, maintenance, education, or support at such times as my Trustee shall determine in his absolute discretion. Should the income from this Trust be insufficient to provide adequate maintenance, education, or support, my Trustee, in his sole discretion, may invade the principal for this purpose. Fifty percent (50%) of the principal shall be distributed to the beneficiary on the day after the beneficiary's twenty-fifth (25th) birthday. B. I specifically direct that my Trustee shall not be required to segregate the shares held in Trust in some separate accounts prior to the termination of any Trust created hereunder. C. If the beneficiary of these trusts is the beneficiary~of any life insurance any pension plans, or other contracts, the proceeds of such policy, plan, or contract may be added to such trust at the sole discretion of my Trustee. D. This Trust shall terminate, and the Trustee shall pay the accumulated and undistributed principal and income then remaining in his hands at termination to my beneficiary when. my beneficiary has attained the age of thirty (30) years. If my beneficiary dies prior to attaining the age of thirty (30) years, .then the Trust shall terminate upon my beneficiary's death and shall be distributed to the issue of this beneficiary, in equal shares,. per stixpes. Should my beneficiary die without issue, then the Trustee shall pay the accumulated and undistributed principal and income then remaining in his hands at termination in ~ accordance with Paragraph EIGHTH, as if no trust had been created. TENTH: All interests of any beneficiary in the income or principal of this Estate, while undistributed and in the possession of my Executrix and Trustee, even though vested and . 8 distributable, shall not be subject to attachment, execution or sequestration for any debt, contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to pledge, assignment, conveyance, or anticipation. ELEVENTH: All inheritance, estate, and succession taxes (including interest and any penalties thereon) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate, without apportionment or right of reimbursement from any person. In the event that a substantial portion, as determined in the sole and absolute judgment and discretion of my Executrix, of the non-probate assets such as an annuity or mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred .- to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of this will (whether or not the same as the beneficiary or beneficiaries under the non-probate assets), my Executrix, in the Executrix's sole and absolute judgment and discretion, shall have the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of ~ the non-probate assets. _ TWELFTH: In addition;to a~l.rights and powers conferred by law, I authorize and empower my Executrix and Trustee and their successors, in their absolute discretion and without necessity of obtaining court approval: A. To retain any of the investments composing the principal of this trust in the form in which the same shall have been delivered to the Trustee whether or not the same be in the nature and type legal for the investment of trust funds under the laws of the Commonwealth of Pennsylvania, including the stock of any corporate fiduciary acting hereunder. 9~ B. To invest in all forms of property (including, but not by way of limitation, real estate, all types of stocks and bonds, and participations in common trust funds), without being confined to investments prescribed by statute. A. To buy investments at a premium or discount. B. To hold property unregistered or in the name of a nominee. C. To give proxies, both ministerial and discretionary. F. To compromise claims. G. To join any merger, consolidation, reorganization, voting trust plan, or any other concerted action of security holders and to delegate discretionary duties with respect thereto. H. To lend to, and buy from, my estate. I. To borrow and to pledge real and personal property as security therefor. J. To sell at public or private sale for cash or credit or partly for each, to exchange, or to lease for any period of time, any real or personal property, and to give options for sales, exchanges, or leases. K. To allocate any property received or charge- incurred to principal or income or partly to each, without being obliged` to apply the usual rules of trust accounting. L. To exercise any option permitted by law which they believe to be advantageous from the viewpoint of overall tax reductions, including, without limitation of the foregoing, power and authority to claim administration or other expenses either as income tax deductions or inheritance or estate tax deductions, without regard to whether they were paid from principal or income and without requiring adjustments between principal and income for 10 any resulting effect on income or estate taxes, and a deduction of such expenses for income tax purposes shall be given effect in computing the respective shares of all persons interested in my estate or the trusts set forth herein, even though the effect is to increase the share of one beneficiary or class of beneficiaries hereunder at the expense of another; and to make such adjustments, if any, between beneficiaries with respect thereto as they deem appropriate in view of the nature of the transaction and the amounts involved. M. When permitted under the Internal Revenue laws of the Uiaited States, or of any state, to join with my spouse in filing a joint income tax return without requiring my spouse to indemnify my estate against liability for the tax attributable to my spouse's income, and to consent to any gifts made by my spouse during my lifetime being treated as having been made one-half by me for the purpose of federal laws relating to gift tax. N. To distribute in cash or in kind or partly in each. O. To employ agents, legal counsel, brokers, and assistants, and to pay their fees and expenses as he may deem necessary or advisable to carry out the provisions of this ~~ Will or any Trust. ~.~ The powers granted hereunder shall be exercisable with respect to all read and personal property, including, but not limited to, income and principal held for minors or disabled beneficiaries at any time held by the Trustee and shall continue in full force, even after the termination of any trust hereunder, until the actual distribution of all property. All powers, .. . authorities and discretion granted here shall be in addition to those granted by law and shall be exercisable without leave of court. However, nothing herein shall be interpreted or construed to encourage, authorize, empower, or permit the Trustee or Executrix to act or cause anyone 11 to act in a manner contrary to or inconsistent with accepted standards of portfolio diversification and risk management. THIRTEENTH: I nominate, constitute, and appoint the following persons: A. My wife, JUNE M. WILLIAMSON, as Executrix of this,. my Last Will and Testament. In the event of the renunciation, death, resignation, or inability of my wife to act for whatever reason in this capacity, then I nominate, constitute, and appoint my granddaughter, CATHERINE ANNA KEIDEL, as Executrix of this, my Last Will and Testament. B. My friend, LAURA R. ZUVICH, of Shiremanstown, Pennsylvania, as Trustee of any Trusts described herein. In the event of the renunciation, death, resignation, or inability of my friend to act for whatever reason in this capacity, then I nominate, constitute, and appoint my granddaughter, CATHERINE ANNA KEIDEL, to act as Trustee. I direct that no representative named above shall be required to post security for the faithful performance of her duties in any jurisdiction insofar as I am able by law to relieve her of such obligation. Any of my representatives shall be entitled to reasonable compensation for. the performance of the duties set forth herein. IN WITNESS WHEREOF, I have hereunto set my hand and seal this !~'~day of FWr~~ , 2008, on this, the twelfth of twelve typewritten pages. I have also signed the left-hand margin of the first eleven of these pages for purposes of identification only. ,°?'. • , GLENN S. WILLIAMSON 12 SIGNED, PUBLISHED, and DECLARED by the Testator, GLENN S. WILLIAMSON as his Last Will and Testament, in the presence of us, who at his request, in his presence, and in the presence of each other, have hereunto subscribed our mimes as witnesses. ~,~-.. ~r. ~.~- H$b A~iwv~w~e. Mcu,...i, cs bw+c , k~A 1~-SlC S ~-~~zc-.~-~ ~ .~ s ~-m.~v T.Pr~ 1 ~ o ~~ 13 AFFIDAVIT Commonwealth of Pennsylvania County of Cumberland We, Debra K. Wallet and ~ ~. Zuv iGY~ ,the witnesses whose names are signed to the attached instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that, to the liest of our knowledge, the Testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence. ~-Qa-~. K . ~.J.~•.•.r Sworn or affirmed to and subscribed before me by ~ b~ )t; (~(~)(p ~- and `T~' ~ . Z.I.IV iC~ ,witnesses, this 14 day of ~,~y~p~~ , 2008. Notary lic ~_ Nw~- ~~ ~rwt~.~-Pub~ Grip ht Bon0. C~bwlend t„ly Gonn+IMior+~ oat . ~It1 Manbsi, Perrnylw~N~ AaodMlon ,___ _ r ACKNOWLEDGMENT Commonwealth of Pennsylvania County of Cumberland I, GLENN S. WILLIAMSON, Testator, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. n n .~ r ~ ~;~ ~ ' ~ :~ v (~ GLENN S. WILLIAMSON Sworn or affirmed to and subscribed before me by GLENN S. WILLIAMSON, the Testator, this I~]~' day of ~~I?~^u~~^y , 200$. Notary lic cow~oNwe~ of Paten. ~u- Nola~lr s.e1 ~~~.~~ ~~„~,~occri~d ~ Msrtibsr. Pennsylvania /~agon!d i~lofailM 15 ` ~ ~ MORTGAGE ~ ~ ~ ~~j 3 v THI5 MORTGAGE is made this ~ daq of ~ , 1995, between the Mortgagor, Robert G Williamson, (herein "Borrower"), and the Mortgagees, Glenn S. Wi>iamson and ]une M. Williamson, (herein Lender ) WI~REAS, Borrower is indebted to Lender in the principal sum of eight thousand six hundred ($8,600 Dollazs, which indebtedness is evidenced by Borrower's note of even date (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on ]uly 1, 2000. TO SECURE to Lender (a) the repayment of the indebt~duess evidenced by the Note, with interest thereon, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage, and the performance of the `~ covenants and agreements of Borrower herein contained, and (b) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 21 hereof (herein "Future Advances"), Borrower does hereby mortgage, grant and _ convey to Lender the property located in the County of ~elawaze, State of Pennsylvania, as more fully described in Exhibit "A" attached hereto and made a part hereof, which has the street address of 19 East Sixth Street, Media. TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the pro ,all of which, including, replacements and additions thereto, shall be deemed ~o. be, and remain a part. of the property .__ ._...W ~rty_..__ _ .. ...:......~ ._ covered by this Mortgage; and all of the foregoing, together with saki property (or the leasehold estate if this Mortgage is on a leasehold) are herein referred to as the "Property". Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that Borrower will warrant and defend generally the title to the Property against all claims and demands Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and inteerest on the indebtedness evidenced by the Note, prepayment and late chazges as provided in the Note, and the principal of and interest on any Future Advances secured by this Mortgage. 2. Additional Amounts. Borrower shall promptly all amounts in addition to interest and principal as provided herein, including any amounts which shall become due and payable by reasory of any default, as defined herein, of airy provision of this Mortgage, including but not limited to those requiring Borrower to pay hazard insurance, taxes, liens, assessments, or any other chazge capable of incumbering the Property, Borrower shall immediately pay to Lender any such amount, for Lender's immediate purchase of insurance to protect its interest, satisfaction or prevention of such lien or chazge, or to reimburse Lender for the prior advance of an such cost, as further provided in this mortgage. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender in excess~of all amounts due and owing pursuant to this l~viortgage.. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under •the Note and paragraphs 1 and 2 hereof shall be applied by Lender fi st in payment of amounts payable to Lender by Borrower under paragraph 2 het~eof, then to interest payable on the ]vote, theft to the~rincipal of Qte Note, and alien to interest and principal on any Future Advances. 4. Charges; Liens. Borrower shall pay all taxes. assessments and other chazges. fines and impositions attributable to the Property which may attain a priority over this Mortgage, and lea~ehold payments or ground rents, if any, in the manner provided under paragraph 2 hereof or, if not paid in such manner, by B~rrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts flue under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender rec;$ipts evidencing such payments. Borrower shall' promptly discharge any lien which has priority over this Mortgage; provided. that Borrower shall not be required to discharge airy suuch lien so long as Borrower shall agree in writing to the payment of the obligation s~cured by such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien~in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. i 5. Hazard Insurance. Borrower shall keep the improve~ents now existing or hereafter created on the Property insured against loss by fire, hazards included within the term "extended cov rage", if available, and such other hazazds as Lender may require and in lof4 ~Gl I ~~G PG ~ g~7 P 1: r t l I ~ r l TILL TIiAT CERTAIN ].ot or p~.ecc of Grou.nc thereon erected, SITU/1`I') in fire Llorougl and State of Penn.;ylvattia and dc; cz•lbcc G, b. 1[outmati and Son, CivJ.l T;nginecrs and revised October 6, 1955, z<s follovr; DEGINNINC at a point on tnc Northerly ;, wide) at the distance of Onr_ ]rundrecl nj feet mear,urcd South Seva~ty-n9ne degree from its irrtersecti.on t•r1.th the );a^,terly feet rrj.cle); th.enca cxL•endingr i`rom said' ^ixteert minutes ra ,t pas;,•L ng through th and the premises adjoining 'to the 41est Terenty feet wide driveway o:hich extends Sixth Street to north Jackson Street, 0 one-hundredths feet to a point; thence forty-four minutes >;ast Thirty-three an a point; thence extending South Ten deg tt~enty-four and severs one-}tttnclredtlis fe Tast Si;ct~i Street; thence extending ti_lo forty-four minutes 1.1est '1'hirl;y-tyro and tinned point and place of beg;inning. A);ING knor•rn as J,ot rio. J. on ;,aid Flan a. DEING the same premises w}ticlt 'l'h mas A. by deed dated ther,~j~ylQ clay of ~~~ forthwith, granted and conveyed nt~ Ro his wife, in fee ! TOGLTIi1;R with the free and common use, aforesaid driveway as and fora driveN times ltereaf•ter forever i.n cornmon with of the otter. lots of ground bounding t SUBJT'CT, however, to the proportionate driveways in good order. , cortcliti.on and . n S t•rith the buitdin~:, e:: •' i'^orovement•:; of ltcdia, itt file Cc::::~:; of.' L)clat•ra.r.e according to a P11n t:i:c:rf'ot node by ~f }•1ec13.a, Pa. on l~cbrusry ?_G, ].955 to twit : - .de of East Si~ah ^:.ract: (saf.y feel; ~ety-:;even ane ten cac-hundredt}s forty-four minatc:; l:ar.•t cilont; s~:a,~ s:tde of North 7~ck r~tt ,~4re.et....(Tif',:,y. c~;iiiii3:n~ point I~crtlt Ten degxees, party mall betv.~~ic:r these premise. nd crossing the 'rECI of a certain Northrrardly and i~ a ;tt•,1rd].y from e hundred thirt -'three and forty xtendingr South Sixi:y-three degree^, eighty-one one-ht-ndredtits feet to ces, sixteen rtinul:e^, 4Test One hundred t to a point on the Northerly :,idr of f; the snmr. Nort}~ ~;rventy-mine degree::, ivr-tenths feet to the f:ir:~t men- id Iiou:,c Na. 19 East Sixth Street. .~.m.: rk~~~ fdxd~ca~:iYA3Y5vyfa~w* BaL•tcy and Jane A. B~Ctey, his w~.Le, 1975 and i.ntr"nded to be recorded ~er.t Wilhi/n~amson and Mary Williamson, ~~jJ'i ~lC04c/ (,l.'~~~k':rt,.~"-t'l.. PC'71.1,•~I !i('~ .J h {~ ~~ G~~1..'l.r ~igltt, li.berL•y and privilege of the passageway and watercourse at al.l he other owners, tenants and or_c~.tpicrn neon and entitled to the ttse thereof. art of thcT expense for keepi.r}g said epair. ,. i . k 6.'r,.4 .. .. .,.w '` ~J r:.xtrznlT N'n° Val 9 ~ ~ G PQ 19 4 8 such amounts and for such periods as Lender may require; provided, that exceed that amount of coverage required to pay the sums secured by this l The insurance carrier providing the insurance shall be chosen by Borrower approval shall not be unreasonably withheld. All premiums on insurance p due, directly to the insurance carrier. All- insurance policies and renewals thereof shall be in form acceptable to l favor of and in form acceptable to Lender. Lender shall have the right to h promptly furnish to Lender all renewal notices and all receipts of paid prey notice to the insurance carrier and Lender. Lender may make proof of loss Unless Lender and Borrower otherwise agree in writing, insurance proceeds damaged, provided such restoration or repair is economically feasible and th such restoration or repair is not economically feasible or if the security of th shall be applied to the sums secured by this Mortgage, with the excess, if am Borrower, or if Borrower faits to respond to Lender within 30 days from the insurance carrier offers to settle a claim for insurance benefits, Lender is nut Lender's option either to restoration or repair of the Property or to the sums hall be applied to restoration or repair of the Property security of this Mortgage is not thereby impaired. If Mortgage would be impaired, the insurance proceeds paid to Borrower. If the Property is abandoned by ate notice is mailed by Lender to Borrower that the prized to collect and apply the insurance proceeds at cured by this Mortgage. 6. Preservation and Maintenance of Property. Borrower shall keep the Pperiy in good repair and shall not commit waste or permit impairment or deterioration of the Property. 7. Protection of Lender's Security. If Borrower fails to perform the cove" is and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings invo g a bankrupt or decedent, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable a ~ rney's fees and entry upon the Property to make repairs. Any amounts disbursed by Lender pursuant to this paragraph 7, with interethereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree too er terms of payment, such amounts shall be payable upon notice from Lender to Owner requesting payment thereof, and shall bea~ interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless meat of interest at such rite would be contrary to applicable law, in which event such amounts shall bear interest at the high rate permissible under applicable law. Nothing contained in this pazagraph 7 shall require Lender to incur any expense or a any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable~cause therefor related to Lender's interest in the Property a 9. Condemnation. The proceeds of any awazd or claim for damages, direct ofi consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. ~I In the event of a total'taking of the Property, the proceeds shall be applied to ~he sums seciu~ed by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless orrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the roceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date o taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid ato Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Bor~ower that the condemnor offers to make an awazd or settle a claim for damages, Borrower fails to respond to Lender within 30 day after the date such noticb is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application~of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs I and 2 he ,for change the amount of $uch installments. shall not require that the amount of such coverage t to approval by Lender; provided, that such shall be paid by Borrower making payment, when nder and shall include a standard mortgage clause in i the policies and renewals thereof, and Borrower shall uns. In the event of loss, borrower shall give prompt not made promptly by Barrower. 2 of 4 ~D~l ~~r~ ~G~ ~~~ 10. Borrower Not Released. Extension of the time fol~ a ~p yment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in intere t of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in intere .Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or othe 'se modify amortization of the sums secured this Mort any demand made by the original Borrower and Borroi er's successors in interest. ~ loge by reason of il. Forbearance by Lender Not a Waiver. Any fo ance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or reclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or c ges by Lender shall not be a waiver of Lender`s right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Cumulative. All remedies provided ins Mortgage aze distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may exercised concurrently, independently or successively. 4 13. Successors and Assigns Bound; Joint and Sever Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the res 've successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements f Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience only nd are not to be used to interpret or define the.provisions hereof. 14. lvotice. Except for any no5ce regwre~l under appli le law to be given in~another~inanrier,-(a) any notice to Borrower provided for in this Mortgage shall be given by mailing such no ce by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to der as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's a ess stated herein or to such other address as Lender ma desi to Borrower as provided herein. Any notice provided fd~ in this Mortgage shall be deemed to have been given t Borrowetr or Lender when given in the manner designated herein. 15. Governing Law; Severability. This Mortgages 1 be governed by the law of the Commonwealth of Pennsylvania. In the event that any provision or clause of this Mortgage or the No a conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect 'thout the conflicting provision, and to this ezad the provisions of the Mortgage and the Note aze declared to be severable. this mortgage, the singular and plural shall include each other; the masculine, feminine, and neuter shall include each oth r. 16. Borrower's Copy. Borrower has been furnished a confronted copy of the Note and of this Mortgage at the time of execution. 17. Transfer of the Property; Assumption. If all or Borrower without Lender's prior written consent excl y part of the Property or an interest therein is sold or transferred by ' th , (b) the creation of a purchase money security interest f l ng (a) e creation of a lien or encumbrance silbordinate to this Mortgage, household appliances, (c) a transfer by devise, descent or by operation of aw upon the death of a joint tenant or (d) the grant of purchase, Lender may, at Lender's option, declare all t leasehold interest of three years or less not containing an option to sums secured by this Mortgage to be imm di t l d e ai y e ue and payable. If Lender exercises such option to accelerate, Lenders hereof. Such notice shall provide a period. of not less , 1 mail Borrower notice of acceleration in accordance with pazagraph 14 30 da from the date the notice is mailed within hich B the sums declared due. If Borrower fails to pay such su or demand on Borrower, invoke any remedies rmittec~ pe w orrower ma s prior to the a iration of such y pay b ~ ~no~ Lender may, without further notice y paragraph 18 hereof. ., ,. 18. Acceleration; Remedies. Upon Borrower's breach ~ covenants to pay when due any sums secured by this M~ provided by applicable law specifying: (1) the.breach; (; from the date the notice is mailed to Borrower, by whicl before the date specified in the notice may result in acre proceeding and sale of the Property. The notice shall fiu to assert in the foreclosure proceeding the non-existence foreclosure. If the breach is not cured on or before the ~ sums secured by this Mortgage to be immediately due judicial proceeding. Lender shall be entitled to collect reasonable attorney's fees, and costs of documentary evi, 19. Borrower's Right to Reinstate. Notwithstanding have the right to have any proceedings begun by Lend r any covenant or agreement of Borrower in this Mortgage, including the rtgage, Lender prior to acceleration shall mail notice to Borrower as the action required to cure such breach; (3) a date, not less than 30 days such breach must be cured; and (4) that failure to cure such breach on or eration of the sums secured by this Mortgage, foreclosure by judicial her inform Borrower of the right to reinstate after acceleration and the right of a default or any other defense of Borrower to acceleration and to specified in the notice, Lender at Lender's option may. declare all of the d payable without further demand and may foreclose this Mortgage by such proceeding all expenses of foreclosure, including, but not limited to, once, abstracts and title reports. ler's acceleration of the sums secured by this PVlortgage, Borrower shall enforce this Mortgage discontinued at any time prior to at least one hour 3 of 4 ~4'OL ~ ~ ~ ~ ~~ ~ ~ 5 n prior to the commencement of bidding at a sheriff's sale sums which would be then due under this Mortgage, the occurred; (b) Borrower cures all breaches of any other c Borrower pays all reasonable expenses incurred by Lenc Mortgage and in enforcing Lender's remedies as provide fees; and (d) Borrower takes such action as Lender may in the Property and Borrower's obligation to pay the sun and cure by Borrower, this Mortgage and the obligation occurred. or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all Note and notes securing Future Advances, if any, had no acceleration versants or agreements of Borrower contained in this Mortgage; (c) ~r in enforcing the covenants and agreements of Borrower contained in this d in paragraph 18 hereof, including, but not limited to, reasonable attorney's seasonably require to assure that the lien of this Mortgage, Lender's interest s secured by this Mortgage shall continue unimpaired. Upon such payment secured hereby shall remain in full force and effect as if no acceleration had 20. Assignment of Rents; Appointment of Receiver; nder in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided Borrower shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right to collect d retain such rents as they become due and payable. Upon acceleration under paragraph 18 hereof or aband ent of the Property, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect thee. rents of the Property including those past due. All rents collected by Lender or the rece ver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limi to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. Le der and the receiver shall be liable to account only for those rents actually . ..... received. _ _ 21. Ititure Advances. Upon request of Borrower, Lend r, at Lender's option prior o release of this Mortgage, may make Future Advances to Borrower. Such Future Advances, with int rest thereon shall b secured by this Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no ti a shall the principal amount of the indebtedness secured by this Mortgage, not including sums advanced in accordance herewith h o protect the security of this Mortgage, exceed the original amount of the Note. 22. Release. Upon payment of all sums secured by this ~viortgage, Lender shall discharge this mortgage, without charge to Borrower. Borrower shall pay all costs of recordation, if any. IN WITNESS WHEREOF, Borrower has executed this Witness: Borrower: , /~." ~ ' Gtt.~-'7,~/ ~ as to ~ iy r- ~ ROBERT G. WILLIAMSON COMMONWEALTH OF PENNSYLVAJJNIA, DELAW On this, the . Z:~.~... ,day of ;~!' ,"° °, °1 personally appeared Robert G. Williamson, ktfOwn to m within insUument and acknowledged that _he executed:t .•~ } IN WITNESS VVI~ER1~aFIf~ereunto set my hand and ,~ ~~ .;;ra ..~,aihl~,,._ ._. ~.~~'1VIy (bnrrhis~fn exp °.~... k '• °" ~ ~riaf Seal c~ a~ ~ ~° ' ~ Am~l~'bin, Notary Pubitc '~ •~ ~~"••N1'edt~'~r`o, Delaware County ~~~` •.,,~~M~sCggqts~`ssion Expires July 5, 1997 COUNTY SS: ~~~ 'before me .~~-l~Oc..L~ L ._:.(2,~ ~/~ • • • • , .... ..................... he undersigned officer, (or satisfactorily proven) to be the person whose name is subscribed to the same for the~purposes herein contained. _ ___ __ seal. Please Retum To: Robert G. Williamson, Esquire Court House Square East 30 West Third Street IVl~:dia, PA 19063 sbi R C:\W\R\RGW\RGWTOGSW.MTG 4 of4 - -~ NOTE US $8,600.00 MEDIA, PENNSYLVAI~TIiA J ~~: Z~j , 1995 FOR VALUE RECEIVED, the undersigned promise to pay Gfenn S. Williamson and June M. Williamson, 311 Glendale Drive, Shiremanstown, PA. the principal sum of EIGHT Tffi0U5AND SIX HUNDRED DOLLARS, with interest on the unpaid principal balance from the date of this Note, until paid, at the rate of8 3/4 percent per annum. The principal and interest shall be payable at 311 Glendale Drive, Shiremanstown, PA, or such other place as the holder hereof may designate in writing, in consecutive monthly installments of One Hundred Eighty and 88/.100 Dollars (US S 180.$8), on the first day of each month beginning September I, 1995, until the entire indebtedness evidenced hereby is fully paid, except that and remaining indebtedness, if not sooner paid, shalt be due and payable on the first day of July, 2000. If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a notice sent by certified mail to the undersigned at the address stated below, which date shall not less than thirty days from the date such notice is mailed, the entire principal amount outstanding hereunder and. accrued interest thereon shall at once become due and payable at the option of the holder hereof. Failure to exercise such option shall not constitute a waiver of the right to exercise such option if the undersigned is in default hereunder. In the event of any default in the payment of this Note and if suit is brought hereon, the holder hereof shall be entitled to collect in such proceeding all reasonable casts and expenses of suit, including, but not limited to, reasonable attorney's fees. The undersigned shall pay to the holder hereof a late charge of four percent of any monthly installment not received by the holder hereof within ten days after the installment is due. The undersigned shall have the right to prepay the principal amount outstanding in whole or in part without penalty, provided that the holder hereof may require that any partial prepayments shall be made on the date monthly installments are due and shall be in the amount of that part of one or more installments which would be applicable to principal. Any partial prepayment shall be applied against the principal amount outstanding and shall not extend or postpone the due date of any sut~sequent monthly installments or change the amount of such installments, unless the holder hereof shall otherwise agree in writing. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their heirs, personal representatives, successors and assigns. The indebtedness evidenced by this Note is secured by a Mortgage, dated of even date herewith, and. reference is made thereto for rights as to acceleration of the indebtedness evidenced by this Note. Witness: ~. ~ ~ ~/' fs'bL~Jt. ~. ~~~ aS t0 ~~--- ~ ~- l,~' , . ROBERT G. Williamson 206 N. Edgmont Street Media, PA 19063 sbi ft C:\W\R1RGW1RGWfOGSW.NOT