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Home My WebLink About10-0286Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 226430 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. LORI A. LAMBERT-KING 55 ROCKY WOOD LANE LEWISBERRY, PA 17339-9770 Defendant S FILED-j': , In4 JF THE V?uR7"_,r".OTAP( 2010 JAN ! I AN H: 03 CUI?_-?'nliY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. !a - .2$1 Ct u C CUMBERLAND COUNTY 99?. va ?cL `KAT 8 97/8 File #: 226430 ` ???/ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 226430 I . Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: LORI A. LAMBERT-KING 55 ROCKY WOOD LANE LEWISBERRY, PA 17339-9770 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/27/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200835002. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 226430 6. The following amounts are due on the mortgage: Principal Balance $271,774.65 Interest $7,851.20 08/01/2009 through 01/07/2010 (Per Diem. $49.07) Attorney's Fees $650.00 Cumulative Late Charges $384.64 06/27/2008 to 01/07/2010 Property Inspections $15.00 Mortgage Insurance Premium / $222.14 Private Mortgage Insurance Costs of Suit and Title Search %-5-50-00 Subtotal $281,447.63 Escrow Credit $0.00 Deficit $1,818.56 Subtotal $1 919 56 TOTAL , - $283,266.19 7. 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff File #: 226430 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $283,266.19, together with interest from 01/07/2010 at the rate of $49.07 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: awrence T. Phelan, Esq., d. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 jiCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 226430 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF GROUND SITUATE IN West PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN IN THE CENTERLINE OF KERRSVILLE Road (TOWNSHIP Road 326) AT CORNERS COMMON WITH Lot NO. 44 OF THE HEREINAFTER REFERENCED SUBDIVISION Plan; THENCE ALONG SAID CENTERLINE South 06 DEGREES 34 MINUTES 22 SECONDS West A DISTANCE OF 230.00 FEET TO AN IRON PIN SET AT CORNERS COMMON WITH LANDS NOW OR FORMERLY OF JOHN E. SCHADLE; THENCE ALONG SAID SCHADLE LANDS North 82 DEGREES 52 MINUTES 03 SECONDS West A DISTANCE OF 25.00 FEET TO A CONCRETE MONUMENT: THENCE ALONG SAME North 82 DEGREES 52 MINUTES 03 SECONDS West A DISTANCE OF 195.00 FEET TO AN IRON PIN; THENCE ALONG SAME AND LANDS NOW OR FORMERLY OF KEITH D. AND KANDY L. COYLE South 07 DEGREES 07 MINUTES 57 SECONDS West A DISTANCE OF 310.00 FEET TO ON IRON PIN SET AT CORNERS COMMON WITH Lot NO. 17A OF THE HEREINAFTER REFERENCED SUBDIVISION Plan; THENCE ALONG SAID Lot NO. 17A South 55 DEGREES 40 MINUTES 14 SECONDS West A DISTANCE OF 698.21 FEET TO AN IRON PIN AT BOUNDARY LINES WITH Lot NO. 46 OF THE HEREINAFTER REFERENCED SUBDIVISION Plan; THENCE ALONG SAID Lot NO. 46 North 34 DEGREES 19 MINUTES 46 SECONDS West A DISTANCE OF 361.67 FEET TO AN IRON PIN SET AT THE BOUNDARY LINES WITH Lot NO. 42 OF THE HEREINAFTER REFERENCED SUBDIVISION Plan; THENCE ALONG SAID Lot NO. 42 North 55 DEGREES 40 MINUTES 14 SECONDS East A DISTANCE OF 399.30 FEET TO AN IRON PIN SET AT CORNERS COMMON WITH Lot NO. 44 OF THE HEREINAFTER REFERENCED SUBDIVISION Plan; THENCE ALONG SAID Lot NO. 44 North 55 DEGREES 40 MINUTES 14 SECONDS East A DISTANCE OF 144,05 FEET TO AN IRON PIN; THENCE ALONG SAME North 61 DEGREES 58 MINUTES 45 SECONDS East A DISTANCE OF 529.09 FEET TO AN IRON PIN; THENCE ALONG SAME South 83 DEGREES 26 MINUTES 38 SECONDS East A DISTANCE OF 40.75 FEET TO ON IRON PIN; THENCE ALONG SOME South 83 DEGREES 25 MINUTES 38 SECONDS East A DISTANCE OF 25.00 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO LORI A. LAMBERT-KING AND BRIAN E. BEAMER BY DEED FROM LARRY V. NEIDLINGER AND MARY JO NEIDLINGER, HUSBAND AND WIFE RECORDED 01/08/2007 IN DEED BOOK 278 PAGE 1499, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. Under and subject to the restrictions listed in prior conveyances. PREMISES BEING: 282 KERRSVILLE ROAD PARCEL#: 46-08-0587-135 File #: 226430 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. If for Plaintiff DATE: O File #: 226430 2010 J° 128 F?1 I ": I i ry Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 --Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-286 CIVIL TERM LORI A. LAMBERT-KING CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 226430 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP A ey for Plaintiff By: ? L ence T. Phelan, Esq., Id. o. 32227 ? Fr cis S. Hallinan, Esq., Id. o. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ViJenine th T. Romano, Esq., Id. No. 58745 etal R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 1-26-10 PHS #: 226430 VERIFICATION Xee Moua hereby states that he/she is V.P. Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ?... Nam' Zee Moua DATE: 01/8/2010 Title: V.P. Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 226430 Lambert Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA VS. LORI A. LAMBERT-KING ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff NO. 10-286 CIVIL TERM CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 226430 LORI A. LAMBERT-KING 55 ROCKY WOOD LANE LEWISBERRY, PA 17339-9770 Hallinan & Schmieg, LLP ;y for Plaintiff n Date: 1-26-10 Be n, Esq., Id. i . 32227 Fr ncis S. Hallinan, Esq., Id. No. 62695 ? niel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? eetal R. Shah-Jam, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 PHS #: 226430 Lori A. Lambert-King 55 Rocky Wood Lane Lewisberry, PA 17339 717-497-2630 Loan # 0089325302 Court Of Common Pleas Civil Division Term No. 10-286 Wells Fargo Bank, NA Plaintiff V. 41F Tl Pr??? F'ONOTARY 2010 FEB -8 FM 2: 21 {D1;MTY r c. ? v?\v f ??t r^.? 4w. February 2, 2010 Lori Lambert-King 282 Kerrsville Road ?e Carlisle, PA 17015 A A5 To whom it may concern: I wish to have this serve as my written appearance in regards to the "Complaint in Mortgage Foreclosure", against myself. My response to the charges of failure to meet with the Plaintiff or an authorized credit counseling agency is false. I am not able to keep my home due to a substantial decrease in income and therefore listed it for sale with a real estate company in August of 2009. I am employed with a new home building company as a sales manager and my income is generated from my sales commissions. My sales have decreased due to the declining new home sales business and I have not been able to continue to make my mortgage payments I have kept in constant communication with Wells Fargo as to my intent to sell and once I received a contract on my home on January 7, 2010, I contacted Wells Fargo and began the short sale process. I have attached the sales contract for your review. I am currently waiting to find out if my short sale is going to be accepted by Wells Fargo and if the contract on my home is going to be accepted. My most recent communication with Wells Fargo was on February 1, 2010 and I was told that the negotiator assigned to my mortgage, Julie Tank, is in possession of all the documents that she needs to process my file. I am asking the courts to please consider extending this civil suit so that I can sell my home through the short sale process and not let my home be foreclosed. I appreciated your consideration in this matter. i el r ri A. am - m g STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE AiS-R This form recommended and approved for, but not restricted to use by, the members of t! a Pennsylvania Association of RFALTORS® (PAR). SELLER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) REMAX REALTY ASSOCIATES INC. PHONE 717-761-6300 ADDRESS 3425 MARKET STREET CAMP HILL. PA 17011 FAX 717-591-2206 LICENSEE(S) RENEE L MOATS Designated Agent M Yes ? No BROKER IS THE AGENT FOR SELLER OR (f checked below): Broker is NOT the Agent for Seller and is a/an: ? AGENT FOR BUYER ? TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) REMAX REALTY ASSOCIATES INC. PHONE 717-761-6300 ADDRESS 3425 MARKET STREET CAMP HILL PA 17011 FAX LICENSEE(S) RENEE MOAT Designated Agent 19 Yes ? No BROKER IS THE AGENT FOR BUYER OR (if checked below): Broker is NOT the Agent for Buyer and is elan: ® AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE 'When the same Broker Is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. AN of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent t 1. Tbt% ftTIM 11M, dated JANUARY 7, 2010 , is between 2 SELLER(S): LORI A. LAMBERT-KING 3 4 , called "Seller," and 5 BUYER(S): JILL A. JOHNSON 6 called "Buyer." 6 2. PROPERTY (9-05) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: 9 ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as: 10 282 KERRSALLE ROAD CARLISLE PA 17015 tt in the TOWNSHIP of WEST PENNSBORO , Q County of CUMBERLAND in the Commonwealth of Penusylhaida. Identification (e.g., Tax ID #; Parcel #; t3 Lot, Block; Deed Book, Page, Recording Date): 46080587135 14 3. TERMS (9-05) M (A) Purchase Price -rW % /fMIMZb 16 U.S. Dollars, t7 which will be paid to Seller by Buyer as follows: 18 1. Cash or check at signing this Agreement: $ t9 2. Cash or check within 1 days of the execution of this Agreement: $ 2,000.00 20 3- - V $ 21 4. Cash, cashier's or certified check at time of settlement: $ 248-Z 00 2 TOTAL $ QQ 23 (B) Deposits paid by Buyer within _30 DAYS of settlement will be by cash or cashier's check. Deposits, regardless of the form of payment and 24 the person designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here), 25 1 who will retain 26 deposits in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any 2.7 check tendered as deposit monies may be held encashed pending the acceptance of this Agreement- M (C) Seller's written approval to be on or before: JANUARY 8 2010 29 (D) Settlement to be on TO BE DETERMINED BY LIENHOLDER , or before if Buyer and Seller agree- 30 (E) Settlement will occur in the county where the Property is located or in an adjacent county, during normal business hours; unless Buyer and 31 Seller agree otherwise. 32 (F) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: 33 34 (G) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 35 36 (H) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: current 37 taxes (see Information Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and homeowner association 38 fees water and/or sewer fees, together with any other lienable municipal service. All charges will be pro-rated for the period(s) covered. 39 Seller will pay up to and including the date of settlement and Buyer will pay for all days following settlement, unless otherwise stated 40 h 1 41 Bayer ieiti A/S-R Page 1 of 10 Seller Ini Revised 9/05 Pennsylvania Association of REALTORS COPYx1GHTPENNSnvANIAASSOCIATrONOFRE.BiLToRSa2oos ? 9ros Fonn generated by: TrueForms" www.TrueForms.com 800-499.9612 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8o 81 82 83 84 85 86 87 Be 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 4. FIXTURES & PERSONAL PROPERTY (9-05) (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); ; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; any retraining heating and cooking fuels stored on the Property at the time of settlement. sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; phime and the xaageApmaunless otherwise stated. Also mchuded:kX6Z&% ' jI&L%jEegA0Yf alSHWASHER ly_kj?!!l t,9AVF (B) LEASED items (not owned by Seller): (C) EXCLUDED fixtures and items: 5. DATE&-MM IS OF THE ESSENCE (9-05) (A) The settlement date and all other dates and times referred to for the performance of any of the obligations of this Agreement are of the essence and are binding. (B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was executed and including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by signing and/or initialing it. All changes to this Agreement should be initialed and dated. (C) The settlement date is not extendedby any otherprovision ofthis Agreement and may only be extended by mutual written agreement of the parties. (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all parties. 6. MORTGAGE CONTINGENCY (9-05) ? WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing. ® ELECTED (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: First Mortgage on the Properly Second Mortgage on the Property Loan Amount S Loan Amount $ Minimum Term 30 years Minimum Term years Type of mortgage FHA Type of mortgage Mortgage lender FULTON MORTGAGE COMPANY Mortgage lender Interest rate 5.25 %; however, Buyer agrees to accept the Interest rate %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of . .50 %. exceed a maximum interest rate of %. Discount points, loan origination, loan placement and other fees charged Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding any mort- by the lender as a percentage of the mortgage loan (excluding any mort- gage instu mee premiums or VA funding fee) not to exceed gage insurance premiums or VA funding fee) not to exceed 2 % (0% if not specified) of the mortgage loan. % (0% if not specified) of the mortgage loan. The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the mortgage lender(s) gives Buyer the right to guarantee the interest rate(s) and fee(s) at or below the maximum levels stated. Buyer gives Seller the right, at Seller's sole option and as permitted by law and the mortgage lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender(s) to make the above mortgage terms available to Buyer. (B) Within days (10 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mortgage application for the mortgage terms stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage lender(s) of Buyers choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the mortgage leader(s) to assist in the mortgage loan process. (C) Should Buyer furnish false or incomplete information to Seller, Broker(s), or the mortgage lender(s) concerning Buyer's legal or financial status, or fail to cooperate in good faith in processing the mortgage loan application, which results in the mortgage lender(s) refusing to approve a mortgage loan commitment, Buyer will be in default of this Agreement. (D) I . Mortgage commitment date: 14d8Ys prior settle . If Seller does not receive a copy of Buyer's mortgage commitment(s) by this date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement by written notice to Buyer. 2_ Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 3. Seller may terminate this Agreement in writing after the mortgage commitment date, if the mortgage commitment(s): a. Is not valid until the date of settlement, OR b. Is conditioned upon the sale and settlement of any other property, OR c. Does not satisfy all the mortgage terms as stated in paragraph 6 (A), OR d. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender(s) within _ 7 DAYS after the mortgage commitment date in paragraph 6 (D) (1), other than those conditions that are customarily satisfied at or near settlement, such as obtaining insurance and confirming employment status. 3. If this Agreement is terminated pursuant to paragraphs 6 (D) (1) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies will be returned to Buyer according to the terms of paragraph 30 and this Agreement will be VOID_ Buyer will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement and any costs incurred by Buyer for (i) Title search title insurance and/or mechanics' lien insurance, or any fee for cancellation (2) Flood insluranc author fie insurance with e ten overa e, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in ce to mortgage lender(s). A/S-R Page 2 of 10 Seller Initials Buyer Wti(_7 Revised 9/05 107 Form genmated by. True Forms' www.TrueForms.com 8W-499-9612 108 109 110 911 912 113 914 115 115 117 118 119 120 321 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 (E) If the mortgage lender(s), or an insurer providing property and casualty insurance as required by the mortgage leader(s), requires repairs to the Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller- Within 5 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense. 1. If Seller makes the requited repairs to the satisfaction of the mortgage lender(s) or insurer, Buyer accepts the Property and agrees to thue RELEASE in paragraph 27 of this Agreement. 2. If Seller will not make the required repairs, or if Seller fails to respond within the time given, Buyer will, within 5 DAYS, notify Seller of Buyer's choice to: a. Make the required repairs, at Buyer's expense, with permission and access to the Property given by Seller; permission and access may not be unreasonably withheld by Seller, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to .Bu} er according to the terns of paragraph 30 of this Agreement. (F) Seller Assist ? NOT APPLICABLE PLICABLE_ Sellerwillpay % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage lender(s). --T 143 7. WAIVER OF CONTINGENCIES (9-05) 144 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental conditions, 145 boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's failure to exercise any of 146 Buyer's options within the times set forth in this Agreement Is a \VAIVER of that contingency and Buyer accepts the Property and agrees to 147 the RELEASE in paragraph 27 of this Agreement. 146 8. PROPERTY MURANCE AVAMABII,ITY (9-OS) 149 ? WAIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property. although Buyer may still 150 obtain property and casualty insurance. 151 ® ELECTED. Contingency Period: DAYS (15 if not specified) from the Execution Date of this Agreement. 152 Within the Contingency Period, Buyer will make application for property and casualty insurance for the Property to a responsible insurer. 153 Broker for Buyer, if any, otherwise Broker for Seller, may communicate with the insurer to assist in the insurance process. If Buyer 154 cannot obtain property and casualty insurance for the Property on terms and conditions reasonably acceptable to Buyer, Buyer will, within the 155 Contingency Period: 156 (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 157 (B) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this 158 Agreement OR 159 (C) Enter into a mutually acceptable written agreement with Seller. 160 If Buyer and Seller do not reach a written agreement during the Contingency Period, and Buyer does not terminate this Agreement by 161 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 162 9. INSPECTIONS (9-05) 163 (A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials, 164 and inspectors. If Buyer is obtaining mortgage financing, Seller will pouride access to the Property to appraisers and others reasonably required 165 by mortgage lender(s). Buyer may attend any inspections. 166 (B) Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision 167 of this Agreement. 166 (C) Seller will have heating and all utilities (including fuel(s)) on for all inspections. 168 (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Bro r for Buyer. 170 (E) Seller has thaFright, n request, to receive without charge a copy of any inspection report from the party for who i as prepared. 171 gayer jut AIS-R Page 3 of 10 Seller Initials: Revised 9105 FHAIVA, IF APPLICABLE (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accordance with HUDIFHA or VA requirements, a written statement by the Federal Housing Commissioner, Vg?terans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $.`=`,--Z`?- (the dollar amount to be inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himselflherself that the price and condition of the Property are acceptable. Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration Transactions, provides, "Whoever for the purpose of. . . influencing in any way the action of such Department, makes, passes, utters or publishes any statement, knowing the same to be false ... shall be fined under this title or imprisoned not more than two years, or both " (10 U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement Buyer has received the HUD Notice `Tor Your Protection: Get a Home Inspection." Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Buyer understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. (I) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. Form generated by: TrueForms' www.TrueForms.com 80OA99-9812 172 10. INSPECTION CONTINGENCY OPTIONS (9-05) 173 The inspection contingencies elected by Bayer in paragraphs 11-15 are controlled by the Options set forth below. The time periods stated in 174 these Options will apply to all inspection contingencies in paragraphs 11-15 unless otherwise stated in this Agreement. 175 Option 1. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 176 1. Accept the Property with the information stated in the report(s) and a RELEASE in h 27 of this Agreement, agree paragraph OR 177 2. If Buyer is not satisfied with the information stated in the report(s), terminate this Agreement by written notice to Seller, with all 178 deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR 179 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any 180 credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any_ 181 If Bayer and Seller do not reach a written agreement during the specified Contingency Period, and Bayer does not terminate this 182 Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 173 of this Agreement. 184 Option 2. R3thin the Contingency Period, as stated in paragraphs 11-15, Buyer will: 185 1- Accept the Properly with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 186 2. If Buyer is not satisfied with the information stated in the report(s), present the report(s) to Seller with a Written Corrective Proposal W ("Proposal") listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of 's 189 properly licensed or qualified professional to perform the corrections requested in the Proposal, provisions for payment, including retests, 189 and a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply 390 with mortgage lender or governmental requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal, or 191 by a contractor selected by Buyer. 192 a. Within days (7 if not specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: 193 (1) Satisfy the terms of Buyer's Proposal, OR 194 (2) Credit Buyer at settlement for the costs to satisfy the terms ofBuyefs Proposal, as acceptable to the mortgage lender(s), if any. OR 195 (3) Not satisfy the terms of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the tennis of Buyer's Proposal. 196 b. if Seller agrees to satisfy the terms of Buyer's Proposal or to credit Buyer at settlement as specified above, Buyer accepts the Property 197 and agrees to the RELEASE in paragraph 27 of this Agreement. 199 c. If Seller chooses not to satisfy the terms of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails 189. to choose any option within the time given, Buyer will, within days (5 if not specified): 200 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 201 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 202 paragraph 30 of this Agreement, OR 203 (3) Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Properly and/or 204 any credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 205 If Buyer and Seller do not reach a written agreement during the time specified in Option 2, 2. c., and Buyer does not 206 terminate this Agreement by written notice to Seiler within that time, Buyer will accept the Property and agree to the 207 RELEASE in paragraph 27 of this Agreement. 208 11. PROPERTY INSPECTION CONTINGENCY (9-05) (See Property and Environmental Inspection Notices) 209 Buyer understands that property inspections, certifications and/or investigations can be performed by professional contractors, home inspectors, 210 engineers, architects and other properly licensed or otherwise qualified professionals, and may include, but are not limited to: structural components; 211 roof exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; electrical, 212 plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, ftmgi, indoor air quality, asbestos, underground storage 213 tanks, etc.); electromagnetic fields; wetlands inspection; flood plain verification; property boundary/square footage verification; and any other items 214 Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation restrictions or ordinances) 215 that apply to the Property and to review local zoning ordinances. Other provisions of this Agreement may provide for inspections, certifications 216 and/or investigations that are not waived or altered by Buyer's election here. 217 ? WAIVED. Buyer has the option to conduct property inspections, certifications and/or investigations. Buyer WAIVES THIS OPTION and 218 agrees to the RELEASE in paragraph 27 of this Agreement. 219 ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 220 (A) Within the Contingency Period, Buyer, at Buyer's expense, may have inspections, certifications and/or investigations completed by properly 221 licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property, as defined in the Pennsylvania Home W Inspection Law (see information Regarding the Home inspection Law), the home inspection must be performed by a full member in good 223 standing of a national home inspection association or a person supervised by a full member of a national home inspection association, in 224 accordance with the ethical standards and code of conduct or practice of that association, or 225 by a properly licensed or registered professional engineer, or a properly licensed or registered architect. This contingency does not apply to the following existing conditions and/or items: 226 227 228 (B) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the 229 following Options as listed in paragraph 10 within the Contingency Period: 230 Option 1 231 Option 2 For the purposes of Paragraph 11 only, Buyer agrees to accept the Property with the results of any report(s) and agrees to the 232 RELEASE in paragraph 27 of this Agreement if the total cost to correct the conditions stated in the report(s) is less than 233 S (SO if not specified) (the "Deductible Amount"). Otherwise, all provisions of paragraph 10, Option 2, shall 234 apply, except that Seller will be deemed to have satisfied the terns of Buyer's Proposal if Seller agrees to perform corrections 226 or olyp-r credits such that the cumulative cost of anYuncorrected or uncredited condition(s) is egrta deductible Amount. 236 Buyer Iai ' A/S-R Page 4 of 10 Seller Initials: Revised 9/05 Form generated by. Tr•ueForms- www.TrueForms.com 800.499-9612 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 12. WOOD INFESTATION INSPECTION CONTINGENCY (9-05) WAIVED. Buyer has the option to have the Property inspected for wood infestation by an inspector certified as a wood-destroying pests pesticide applicator. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. (A) Within the Contingency Petiod, Buyer, at Buyer's expense, may obtain a written "Wood-Destroying Insect Infestation Inspection Report" from an inspector certified as a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provided by the inspector to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgage lender requirements, and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection is to be limited to all readily visible and accessible areas *fail structures on the Property except fences and the following structures, which will not be inspected: (B) If the inspection reveals active infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain a Proposal from a wood-destroying pests pesticide applicator to treat the Property. (C) If the inspection reveals damage from active or previous infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain a written report from a professional contractor, home inspector or structural engineer that is limited to structural damage to the Property caused by wood-destroying organisms and a Proposal to repair and/or treat the Property. (D) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the wing Options as listed in paragraph 10 within the Contingency Period: Option 1 Option 2 13. STATUS OF RADON (9-05) (see Information Regarding Radon) (A) Seller has no knowledge concerning the presence or absence of radon unless checked below: ? 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with the results of all tests indicated below: DATE TYPE OF TEST RESULTS (picoCmies/liter or working levels) ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: DATE RADON REDUCTION METHOD COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT EITHER THE METHODS OR RESULTS OF THE TESTS. (Ble RADON INSPECTION CONTINGENCY WAIVED- Buyer has the option to have the Property inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. Within the Contingency Period, Buyer, at Buyer's expense, may obtain a radon test of the Property from a certified inspector. If Seller performs any radon remediation, Seller will provide Buyer a certification that the remediation was performed by a properly licensed and certified radon mitigation company. I. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCurie0iter (4 pCi/L), Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. 2. I£the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries/liter (4 pCi/L), Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: Option I H Option 2 14. STATUS OF WATER (9-05) (A) Seller represents that the Property is served by: O Public Water ® On-site Water ? Community Water ? None (B) WATER SERVICE INSPECTION CONTINGENCY ? WAIVED. Buyer has the option to have an inspection of the quality and or quantity of the water system for the Property. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement- ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 1 . Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the water system from a properly licensed or otherwise qualified water/well testing company. 2. If required by the inspection company, Seller, at Seller's expense, will locate and provide access to the on-site (or individual) water system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 3 . If Buyer is not satisfied with the condition of the water system as stated in the written inspection report(s), Buyer gill proceed under one of the following Options as listed in paragraph I0 ,tithin the Contingency Period: ptian 1 ?Optio 2 Buyer rui A/S-R Page 5 of 10 Seller Initials: Revised 9105 Form generated by: TrueFo. www.Tru*Forme.com 800-499-9812 302 15. STATUS OF SETYER (9-05) 303 (A) Seller represents that the Property is served by. 304 ? Public Sewer Individual On-lot Sewage Disposal System (see Sewage Notice 1) 306 Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) 307 ? Community Sewage Disposal System 388 ? Ten-acre Permit Exemption (see Sewage Notice 2) 309 ? Holding Tank (see Sewage Notice 3) 310 ? None (see Sewage Notice 1) 311 None Available/Per mit Limitations in Effect (see Sewage Notice 5) 312 313 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 314 ? WANED. Buyer has the option to have an inspection of the individual on-lot sewage disposal system for the Property. BUYER 315 WANES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 316 ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 317 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the individual on-lot sewage disposal 318 system from a qualified, professional inspector. 319 2. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to and empty the individual on- lot sewage disposal system. Seller will also restore the Property, at seller's expense, prior to settlement. 321 3. If the inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal 322 system, Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 323 Option 1 324 Option 2 325 4. If the inspection report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, 326 within _ 5 DAYS ofreceiving the inspection report, submit a Written Corrective Proposal ("Proposal") to Buyer. The Proposal 327 will include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment. 328 including retests; and a projected completion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal, or if no 329 Proposal is provided within the time given, Buyer will notify Seller in writing of Buyer's choice to: 330 a. Agree to the terms of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of 331 this Agreement, OR 332 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 333 paragraph 30 of this Agreement. 334 c. Accept the Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and. if required by 335 any mortgage lender and/or any governmental authority, correct the defects before settlement or within the time required by the 336 mortgage lender and/or governmental authority, at Buyer's sole expense; and with permission and access to the Property given by 337 Seller. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to 336 correct the defects, Buyer may, within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with 339 all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 340 16. HOME WARRANTIES (9-05) 341 At or before settlement, either party may have the opportunity to purchase a home warranty for the Property from a third-party vendor. Buyer and 342 Seller understand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any preexisting 343 defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that Buyer has 344 elected or waived as part of this Agreement Buyer and Seller understand that the licensee, broker or mortgage lender who orders the home warranty 345 may possibly receive a fee paid by the home warranty company. 346 17. ZONING CLASSIFICATION & vERIFICATION OF USE CONTINGENCY (9-05) 347 (A) Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable} is 346 zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if voided, any deposits 349 tendered by the Buyer will be returned to the Buyer without any requirement for court action. 350 Zoning Classification: R ID NTIA 351 (B) Contingency Period: days (7 if not specified) from the Execution Date of this Agreement. 352 Within the Contingency Period, Buyer, at Buyer's expense, may verify that the present use ( l 353 of the Property is permitted. In the event the present use is not permitted, Buyer will, within the Contingency Period, give Seller written 354 notice that the present use of the Property is not permitted and that Buyer will: 355 1. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 356 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 357 this Agreement. 358 If Buyer fails to respond within the Contingency Period or does not terminate this Agreement by written notice to Seller within that 359 time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 360 18. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (9-05) 361 (A) Seller represents, as of the date Seller signed this Agreement, that no public improvement, condominium or homeowner association 362 assessments have been made against the Property which remain unpaid, and that no notice by any government or public authority has been 363 served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances 364 that remain uncorrected, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain 365 uncorrected, unless otherwise specified here: NON KNOWN - NO EXCEPTIONS 366 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: NONE KNOWN - NO EXCEPTIONS 367 / v A/S-R Page 6 of 10 Seller Initials: Revised 9105 Form generated by. True Forms" www.TrueForms.com 800-499-9612 369 (C) In the event any notices (including violations) and/or assessments are received after seller has signed this Agreement and before settlement, 370 Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within _ 5 DAYS of receiving the 371 notices and/or assessments that Seller will: 372 1. Fully comply with the notices and/or assessments at Seller's expense before settlement. If Seller fully complies with the notices and/or 373 assessments, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 374 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails within the 375 time given to notify Buyer whether Seger will comply, Buyer will notify Seller in writing within _ 5 DAYS that Buyer will: 376 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 27 of 377 this Agreement, OR 376 b . Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 379 of this Agreement. 380 if Buyer faits to respond within the time stated in paragraph 18 (C) (2) or falls to terminate this Agreement by %Titten notice 381 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 382 (D) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case later than 15 days prior to settlement, 383 Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of any uncorrected violations 384 of zoning, housing, building, safety or fire ordinances andtar a certificate permitting occupancy of the Property. If Buyer receives a notice of 365 any required repairs/improvements, Buyer will promptly deliver a copy of the notice to Seller. 386 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will notify Buyer in xxiting 387 that Seller will: 358 a . Make the requited repairs/improvements to the satisfaction of the municipality. If Seller makes the required repairs/improvements, 389 Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 390 b. Not make the required repairs/improvements. If Seller chooses not to make the required repans/improvements, Buyer will notify 391 Seiler in writing within 5 DAYS that Buyer will: 392 (1) Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not be 393 unreasonably withheld, OR 3% (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 3S5 paragraph 30 of this Agreement. 396 If Buyer fails to respond within the time stated in paragraph 18 (D) (1) (b) or fails to terminate this Agreement by written notice to 397 Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, and Buyer 398 accepts the responsibility to perform the repairVimprovements according to the terms of the notice provided by the municipality. 399 2. if Seller denies Buyer permission to make the required repairshinpmvemeuts, or does not provide Buyer access before settlement to make 400 the requited repairs/improvements, Buyer may, within 5 DAYS, terminate this Agreement by written notice to Seller, with all deposit 401 monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 402 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in paragraph 18 (D), Seller will 403 perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 18 (D) (3) will survive settlement. 404 (E) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 405 19. TITLE, SURVEYS & COSTS (9-05) 406 (A) The Property will be conveyed with good and marketable title as is insurable by a reputable title insurance company at the regular rates, free and 407 clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions; historic preservation 406 restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the ground; easements of record; and 409 privileges or rights of public service companies, if any. 410 (B) Bayer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood 411 insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in 4t2 advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. 413 (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal description of the 414 Property (or the correction thereat) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage 4t5 lender will be obtained and paid for by Buyer. 416 (D) If Seller is unable to give a good and marketable title and such as is insurable by a reputable title insurance company at the regular rates, as 07 specified in paragraph 19 (A), Buyer wig: 416 1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of 419 this Agreement, OR 420 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this 421 Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained 422 according to the terms of this Agreement, and for those items specified in paragraph 19 (B) items (1), (2), (3) and in paragraph 19 (C). 423 (E) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Information 424 Regarding Recreational Cabins): 425 20. CONI)MM IUM/PLANNED COMaVMMTY (HOIVIEOXV`NER ASSOCIATION') RESALE NOTICE (9-05) 426 NOT APPLICABLE 427 ? APPLICABLE: CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. §3407 of the 426 Uniform Condominium Act of Pennsylvania (see Information Regarding Condominiums and Planned Communities) requires Seller to furnish 429 Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and the rules and 430 regulations of the association. 431 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by the 432 Uniform Planned Community Act (see Information Regarding Condominiums and Planned Communities). §5407(x) of the Act requires Seller to 433 furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws the rules and regulations of the association, and a 434 Certificate g the provisions set forth in §5407(a) of the Act. 435 Buryec Iii A/S-R Page 7 of 10 Seller Initials Revised 9/05 Form generated by Tr'ueForms" www.Tru*Forms.com 800-499-9612 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 48,5 486 481 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 5W THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMZ%IUINTTY. (A) Withur ? 15 DAYS from the Execution Date of this Agreement, Seller, at Sellers expense, will request from the association a Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that the association is required to provide these documents within 10 days of Sellers request. (B) Seller will promptly deliver to Buyer all documents received from the association. Linder the Act, Seller is not liable to Buyer for the failure of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any incorrect information provided by the association in the Certificate- (C) The Act provides that Buyer may dechu+e this Agreement VOID at any time before Buyer receives the association documents and for 5 days after receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer declaring this Agreement void, all deposit monies will be returned to Buyer according to the terms of paragraph 30 of this Agreement. (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terns of the Agreemeat, and any costs incurred by Buyer for. (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insumice with extended coverage, mine subsidence insurance, orany fee forcamceliation;(3) Appraisal fees and charges paid in advance to mortgage lender(s). 21. MAINTENANCE & RISK OF LOSS (9-05) (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal wear and tear excepted. (B) If any system or appliance included in the sale of the Property fails before settlement, Seller will: 1. Repair or replace the failed system or appliance before settlement, OR 2. Provide prompt written notice to Buyer of Seller's decision to; a. Credit Buyer at settlement forthe fair market value of the failed system or appliance, as acceptable to the mortgage lender(s), if airy, OR b . Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system or appliance. 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within _ 5 DAYS or before settlement, whichever is earlier, that Buyer will: a. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed and not replaced, Buyer will: 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 22. COAL NOTICE (Where Applicable) THIS DOCUMENT MAYNOT SELL, CONVEY, TRANSFER INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OIL REFERRED TO HEREII4, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (q notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the propose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 23. POSSESSION (9-05) (A) Possession is to be delivered by deed, keys and: 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is leased at the execution of this Agreement, unless otherwise stated in this Agreement. (B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. (C) Seller will not enter into any new leases, extensions of existing leases or additional leases for the Property without the written consent of Buyer. 24. RECORDING (9-05) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Bayer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 25. ASSIGNMENT (9-05) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent assignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless otherwise stated in this Agreement. 26. GOVERNING LAW, VENUE & PERSONAL JURISDICTION (9-05) (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the laws of the Commonwealth of Pennsylvania. (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party shall be decided exclusively by and is the state or federal courts sitting in the Commonwealth of Pennsylvania. 27. RELEASE (94)5) Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether Imown or not, which may arise from the presence of termites or other woad-boring insects, radon, lead-based paint hazards, mold, fungi or indoor ah• quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the Property. Should Seller be is default under the terms of this Agreement, or to violatton of any seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies "t may be available under law or equity. s elec. will survive settlement. Raver in[ A/S-R Page 8 of 10 Seller Initials- Revised 9/05 Form generated by. TrueForme www.TrueForms.com 800499-9612 505 506 507 508 509 510 511 512 513 514 515 516 517 518 5t9 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 28. REPRESENTATIONS (9-05) (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing executed by the parties. (B) Unless otherwise stated In this Agreement, Buyer has inspected the Property (including futures and any personal property specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN TTS PRESENT CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent examination or determination of the structural soundness of the Property, the age or, condition of the components, eurlmitmental coudi ions, the permitted uses or of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of any of the systems contained therein. (C) Any repairs required by thus Agreement will be completed in a workmanlike manner. (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. 29. DEFAULT (9-05) (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 1. Fail to make any additional payments as specified in paragraph 3, OR 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or financial status, OR 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. (B) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies: 1. On account of purchase price, OR 2. As monies to be applied to Seller's damages, OR 3. As liquidated damages for such breach. (C) 0 SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. (D) If Seller retains all suns paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller are released from further liability or obligation and this Agreement is VOID. 30. TERMINATION & RETURN OF DEPOSITS (9-05) (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price will be returned to Buyer and this Agreement will be VOID_ The broker holding the deposit monies may only release the deposit monies according to the terms of a frilly executed written agreement between Buyer and Seller and as permitted by the Rules and Regulations of the State Real Estate Commission. (B) If there is a dispute over entitlement to deposit monies, a broker is not legally permitted to determine ifa breach occurred or which party is entitled to deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to retain the monies in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will distribute the monies according to the terms of a final order of court or a written agreement of the parties. Buyer and Seller agree that, if any broker or affiliated licensee is joined in litigation regarding deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 31. REAL ESTATE RECOVERY FUND (9-05) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting ail legal and equitable remedies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 7834854 (outside Pennsylvania). 32. MEDIATION (9-05) (A) Unless otherwise checked in paragraph 32 (D), Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through mediation and signed by the parties will be binding (see Information Regarding Mediation). (B) Buyer and Seller have received, read, and understand the Rules and Procedures of the Home Sellers/Rome Buyers Dispute Resolution System. (C) Any agreement to meditate disputes or claims arising from this Agreement will survive settlement. (D) ? MEDIATION IS WAIVED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise; but that there will be no obligation for any party to do so. 33. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Required for properties built before 1978) (9-05) Lead-Based Point Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act requires any seller of property built before 1978 to provide the buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Fancily from Lead in Your Home and to disclose to the buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the property being sold, along with the basis used for determining that the hazards exist, the location of the hazards, and the condition of painted surfaces. Any seller of a pre- 1978 structure must also provide the buyer with any records or reports available to the seller regarding lead-based paint and/or lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. Before a buyer is obligated to purchase any housing constructed prior to 1978, the Act requires the seller to give the buyer 10 days (unless buyer and seller agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or leadbased paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is required of the seller. Housing built in 1978 or later is not subject to the Act. 5% Q9 NOT APPLICABLE. Property was built in 1978 or later. 567 ? APPLICABLE. Property was built before 1978. Broker must attach the Lead-Based Paint Hazards Disclosure and Inspection 566 Contingency Addendum (PAR Form LPA) or another acceptable form with the information required by the Act, and provide Buyer 569 the pamphlet Protect Your Family from Lead in Your Home. Buyer(s) must initial below that they have received both documents: 570 -410- Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (attached as part of this Agreement). 571 Protect Your Family from Lead in Your Home 572 Buyer f11 _ , ?_A A/S-R Page 9 of 10 Seiler Initials: Revised 9/05 Form generated by. TiveForms" www.Tru&Forms.com SM-499-9612 573 34. SPECIAL CLAUSES (1-02) 574 (A) The following are part of this Agreement if checked: 575 ? Sale & Settlement of Other Property ? Settlement of Other Property Contingency Addendum (PAR Fona SOP) 576 Contingency Addendum (PAR Farm SSP) Teaant-Occupied Property Addendum (PAR Form, TOP) 577 ® Sale & Settlement of Other Property Contingency - L /I/ 578 with Right to Continue Marketing Addendum 579 (PARForm SSP-CM) 580 (B) IHIS SALES AGREEMENT BETWEEN BUYER AND 8ELLER IS CObUINGENT UPON WRITTEN APPROVA) OF 561 SHORT GALE BY LIENHOL ER WELLS FARGO HOME MORTGAGE 562 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 5% Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 599 NOTICE TO PARTIES: 'WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are adsised to consult 600 an attorney before signing if they desire legal advice. 601 Return by facsimile transmission (FAX) of this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes 602. acceptance by the parties. 603 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 604 Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 605 Buyer has read and understands the notices and explanatory information set forth in this Agreement. 606 Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Information Regarding 607 the Real Estate Seller Disclosure Law). 608 Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this 609 Agreement. 610 BUYER'S MAILING ADDRESS: 209 TOUCHSTONE DRIVE 611 612 WITNESS 613 WITNESS 614 WTMMS BUYER DATE 615 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 616 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 617 Seller has read and understands the notices and explanatory information In this Agreement. 618 SELLER'S MAILING ADDRESS: 282 KERRSVILLE ROAD 619 620 wITNESS 621 WITNESS SELLER 622 WITNESS SELLER DATE DATE A/S-R Page 10 of 10 Revised 9/05 Form generated by: True Forms" wwmTrueForms.com 800-499-9612 BUYER DATE SALE & SETTLEMENT OF OTHER PROPERTY CONTINGENCY SSP-CM (WITH RIGHT TO CONTINUE MARKETING) ADDENDUM TO AGREEMENT OF SALE This tbrm recommended and approved for, but not reshickd to use by, the members of the Pennsylvania Association ofnaTOW (PAR). 1 PROPERTY 282 KERRSVILLE ROAD, CARLISLE. PA 17015 2 SELLER LORI A. LAMBERT-KING 3 BUYER JILL A. JOHNSON 4 DATE OF AGREEMENT JANUARY 7, 2010 5 6 1. This Agreement of Sale is contingent upon the sale and settlement of Buyers Property at: 209 TOUCHSTONE DRIVE, 7 _ CARLISLE. PA 17015 8 9 2. Buyer acknowledges that Seller has the right to continue to offer Seller's Property for sale to other prospective buyers. 10 11 3. In the event Seller accepts an Agreement of Sale for Seller's Property from another buyer, this Agreement is thereby terminated. 12 Seller will immediately notify Buyer in writing of the termination, and deposit monies paid on account of purchase price will be 13 returned to Buyer. 14 15 4. Seller's right to market the Property and accept another Agreement of Sale will cease upon Seller's written approval of the terms 16 and conditions of an Agreement of Sale for Buyer's Property. n dd ` 18 5. If Buyer's Property is not under an Agreement of Sale, approved in writing by Seller, on or before 1,rC,CI, /J aolo 19 Seller may terminate the Agreement by written notice to Buyer and all deposit monies paid on account of purchase price will be 20 returned to Buyer. Buyer and Seller agree to extend the date for Buyer's Property to be under an Agreement of Sale until Seller 21 terminates this Agreement by written notice to Buyer. 22 23 6. The terms of this Addendum change and prevail over the provision of the Mortgage Contingency Clause giving Seller the right 24 to terminate the Agreement of Sale if the Buyer's mortgage commitment is conditioned upon the sale and settlement of Buyer's 25 Property 26 All other terms and conditions of the Agreement of Sale remain unchanged and in full force and effect. 27 WITNESS BUYER DATE JILL A JOHNSON 28 WITNESS BUYER DATE 29 30 WITNESS WITNESS BUYER DATE SELL R - ?? DATE l0 LORI A. RT-KING 31 WITNESS SELLER DATE 32 WITNESS SELLER DATE 1 Pennsylvania Association of REALTORS COPYRIGHT PEIYNSYLVANiA ASSOCIATION OF REALTORS' 2W6 07/06 Form generated by: TrueFarms° from REVEAV6SYSTEMS, Inc. 800.498.9612 • V SHORT SALE ADDENDUM TO AGREEMENT OF SALE SHS This fmm recd d and approved for, but not rested to use by, the membm of the Pemsy1nm association of REALTORM {PAR) 1 PROPERTY 282 KERRSVILLE ROAD, CARLISLE, PA 17015 2 SELLER LORI A. LAMBERT-KING 3 BUYER JILL A. JOHNSON 4 DATE OF AGREEMENT JANUARY 7 2010 5 6 1. This transaction is a potential Short Sale. 7 8 2. A Short Sale is a transaction in which Seller's proceeds are less than the amount necessary to pay off liens secured by the proper- 9 ty. Examples of such liens include, but are not limited to, mortgages, home equity lines of credit, tax claims, homeowners' asso- 10 ciation/condominium fees, and legal judgments. 11 12 3. The Agreement of Sale is contingent upon Seller obtaining approval of the terms and conditions of the Agreement of Sale by each 13 lender or other lien holder being asked to accept a payoff less than the full amount due ('Creditor(s)"). Buyer and Seller acknowi- 14 edge that it may take an extended period of time to obtain Creditor approval of a Short Sale. Seller makes no representations 15 about the response time of Creditors. 16 17 4. Seller will submit the executed Agreement of Sale and all required documentation (See Notice Regarding Seller 18 Documentation) to Creditors within 5 DAYS of execution of the Agreement of Sale. 19 20 5. If Creditors require a change in the terms or conditions relating to the transaction as a condition of approving the Agreement of 21 Sale, Seller will communicate these requirements to Buyer in writing within _ 5 DAYS of receiving the requirements from 22 Creditors. Buyer and Seller are not bound by any changes proposed by Creditors unless Buyer and Seller agree in writing to make 23 those changes. If either Buyer or Seller refuse to accept any changes required by Creditors as a condition of approving the 24 Agreement of Sale, Buyer or Seller may terminate the Agreement by written notice to the other party, with all deposit monies 25 returned to the Buyer according to the terms of the Agreement of Sale. 26 27 6. If Creditor approval of the Agreement of Sale has not been received by?? Q Buyer or Seller may terminate the 2e Agreement of Sale by written notice to the other party, with all deposit monies returned to the Buyer according to the terms of the 29 Agreement of Sale. 30 31 7. All other terms set forth in the Agreement of Sale, including inspection and contingency periods and all other time periods, 32 are as stated in the Agreement of Sale. 33 34 Buyer and Seller are advised to seek professional legal and fina 1 ad 'ce fo a m1 dug a Short Sale offer. 35 36 WITNESS BUYER ATE JILL A NSON 37 WITNESS BUYER DATE 38 WITNESS BUYER DATE 39 WITNESS SELL t{ , ' DATE o LORI A. LAMBERT-KING 7?- 40 WITNESS SELLER DATE 41 WITNESS SELLER DATE ?/ Pennsylvania Association of REALTORS* COPYRIGSTPENNSYLVANUASSOCIATIONOFREALTORSO2008 eras Form generated try: TrueForms° from REVEAL(bsys ms, ine. 800.499-9612 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 4ti tt+' ?i `uff br ? 11h 2010 FEB 16 FAR 2: 14 Edward L Schorpp Solicitor Wells Fargo Bank, NA vs. Lori A. Lambert-King Case Number 2010-286 SHERIFF'S RETURN OF SERVICE 01/11/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lori A. Lambert-King, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint in Mortgage Foreclosure according to law. 01/15/2010 05:05 PM - York County Return: And now January 15, 2010 at 1705 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lori A. Lambert-King by making known unto Matthew King, Husband of defendant at 55 Rocky Wood Lane, Lewisberry, PA 17339 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lori A. Lambert-King, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lori A. Lambert-King. Request for service at 282 Kerrsville Road, Carlisle, PA 17015 is vacant. The Carlisle Postmaster has advised the defendant's new address is 55 Rocky Wood Lane, Lewisberry, PA 17339. SHERIFF COST: $63.40 SO ANSWERS, February 11, 2010 ONNY R ANDERSON, SHERIFF r" J f. (d Gbun'ySU1te S^enff. leiecsoft. Inc