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Home My WebLink About10-4181., ~, REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@Rea~erAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: Wmartin(a~Reag_erAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 INTEGRITY BANK, Plaintiff v. DAVID G. KENNERLY and KIMBERLY A. KENNERLY, Defendants .,; , ;~F ~'~ F'~f~i~.~r~,r,~~3~~Y ZQfO.~UM 23 P~ 12~ 1 CUM~'~~ j~a~ ~v ~~~~U,~'fY FE~.l~~Yl.~'A~,~P~~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION 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 maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) ~9a oa pd• ~~~aas ., ~, AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) digs despues de a notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una compparecencia escrita y radicando en la Code por escrito sus defensas de, y objecciones a, las demandas presentadas ac~ui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe antenormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reciamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Code sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE DUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS CUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS DUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) ,, ,, REAGER & ADLER, P.C. BY: THOMAS O. WILLIAM5, ESQUIRE Attorney I.D. No. 67987 Email: Twilliamsna,ReagerAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: Wmartin(cr~,Rea~erAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS, Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION DAVID G. KENNERLY : NO. and KIMBERLY A. KENNERLY, Defendants . COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Integrity Bank (hereinafter "Integrity"), is a Pennsylvania banking institution doing business at 3345 Camp Hill, Pennsylvania 17011. 2. Defendants David G. Kennerly and Kimberly A. Kennerly (hereinafter, the "Kennerlys") are adult individuals, husband and wife, residing at 6307 Valleybrook Drive, Mechanicsburg, Pennsylvania 17050. 3. This Court has jurisdiction and venue over this matter pursuant to 42 Pa.C.S.A. § 931 and Pa.R.C.P. 1142 because the property that secures the debt that is the subject of this lawsuit is located in Cumberland County, Pennsylvania. 4. On September 4, 2009, David G. Kennerly executed a Promissory Note (hereinafter the "Note") with Integrity Bank pursuant to which Integrity Bank agreed to lend David G. Kennerly the amount of $116,156.06 at 7.49 % interest under Loan No. 1130010429, ,. ~, and David G. Kennerly agreed to repay the loan plus all accrued interest in monthly installments of $858.96 due on the tenth day of each month beginning on October 10, 2009. A true and correct copy of the Note is attached hereto as Exhibit "A". On September 4, 2009, the Kennerlys executed and delivered to Integrity a Mortgage in the amount of $116,156.06 securing said Note. A true and correct copy of the aforesaid Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County on Septemberl4, 2009, at Instrument No. 200931906, and is attached hereto as Exhibit "B". 6. Under the terms of the Note, David G. Kennerly is to pay a late fee of five percent (5.0%) of the regularly scheduled payment if any payment should be more than sixteen (16) days past due. 7. Under the terms of the Note, upon default, the interest rate of the loan shall be increased by five percentage points to 12.49 %. 8. Under the terms of the Note, upon default for failure to make any required payments, David G. Kennerly shall be responsible to pay Integrity Bank's reasonable attorneys' fees and expenses should Integrity Bank have to enforce the terms of the Note and Mortgage. 9. The land and premises subject to said Mortgage is located at 6307 Valleybrook Drive, Mechanicsburg, Pennsylvania 17050 (hereinafter "the Property"), as further described in the deed which is attached to this Complaint at Exhibit "C. 10. David G. Kennerly has been in default under the terms of the Note since February 10, 2010, by failing to make the regularly scheduled payments due in February, March, April, May and June of 2010 in the amount of $858.96 per month. The February 2010 payment of $858.96 was made to Integrity on May 10, 2010. 2 11. Both the Note and the Mortgage grant Integrity the right to accelerate the amount due if payment is delinquent. 12. The total balance due under the Note and the Mortgage including principal and accrued, unpaid interest as of June 23, 2010 is as follows: Principal $ 115,457.62 Interest (plus $39.50 per day after 6/23/2010) $ 3,406.29 Late Fees $ 171.76 Filing Fee $ 92.00 Sheriff's Service Fee $ 200.00 Total $ 119,327.67* * Along with reasonable attorney's fees as permitted by the Note and the Mortgage, additional legal fees and sheriff s fees including sheriff' s poundage. 13. Integrity has complied with the notice requirements of Act 6 and Act 91 pursuant to Pennsylvania law. True and correct copies of the notices sent to the Kennerlys in compliance with Act 6 and Act 91, as well as certified return receipts evidencing receipt thereof, are attached hereto as Exhibit "D". 14. Judgment has not been entered on the Mortgage in any jurisdiction. 15. The Note and Mortgage have not been assigned and are still held by Integrity. 16. Pursuant to Pa.R.C.P. No. 1019(h), this complaint is based upon a breach of the written Mortgage attached hereto as Exhibit B. 17. Integrity has taken all actions and complied with all conditions precedent to the filing of this action. WHEREFORE, Plaintiff, Integrity Bank respectfully requests that this Honorable Court order a sale of the Property described in this Complaint and enter judgment against Defendants David G. Kennerly and Kimberly A. Kennerly in the amount of $119,327.67 as of June 23, 2010, 1 along with interest accruing at the rate of $39.50 per day, additional costs and reasonable attorney's fees until paid in full. Date: June 23, 2010 Respectfully submitted, REAGER & ADLER, P.C. Thomas .Williams, Esquire Attorney I.D. No. 67987 Email: Twilliams(a,ReagerAdlerPC.com Wayne S. Martin, Esquire Attorney I.D. No. 208078 Email: Wmartin(c~ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff PROMISSORY NOTE References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """"" has been omitted due to text length (imitations. Borrower: David G Kannarly {SSN: 346-70-65151 Lender: Irrtsgrity Bank 6307 Valleybrook Drive Camp HNI Office M.schanicsburg, PA 170507300 3345 Market Strest Camp Hql, PA 17011 (7171820-4800 Principal Amount: S 116,156.06 Interest Ratg: 7.490% Date of Note: September 4, 2009 Maturity Date: September 10, 2019 PROMISE TO PAY. I ("Borrower"1 promise to pay to kKegrity Bank ("Lender"), or order, in lawful money of the United States of America, the princ~rel amount of One Hundred Sbctsen Thousand One Hundred FNty-six &06/100 Dollars (116,156.06), together with krtarest on the unpaid principal bak+nce from September 4, 2009, calculated ss described in the "INTEREST CALCULATION METHOD" paragraph usMg sn hrterest rate of 7:48096 per amum, urrttl paid in fug. Ths irnerest rats may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section: PAYMENT. 1 wGl pay this loan (n 118- rsgulm payments of 5858.86 each and one krsguler last paymsrrt estimated at 893,647.21. My first payment le due Oatobsr 10, 2009, and all subssqusrrt payments are due on the same day of each morrth after that. My final payment will bs doe=on Sapteirrrber 10, 2018, and will bs for ag prUcipal snd ad accrued krtsrest not yet pakt. Payments include principal and ktLerest. Unless otherwise agreed or required by applicable law, paymsnte' wNl be applied first to arty accrued unpakl krterest; then to principal; then to any unpakl collection costs; end then to any late charges. I wNl pay Lender at Lender's address shown above or at such other pk+ce as Lender may designate irrwrtting. INT'QiEST' CALCULATION METHOD. Interest on this Note k computed on a 365/365 simple interest basis; that lee, by applying the rat(o of the interest rate over the number of dpys In a year. multiplied by the outstanding principal balance, multiplied by the actual number of days the principal "balance ie outstanding. Ag irlttersst payable under this Note to computed using this method. PREPAYMENT. I may pay without penalty all or a portiein of the amount owed earlier than h is due. Early payments will not, unless agreed to by Lander in writing, relieve me of my obligation to corninue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I wilt other rther amount owed to Lender. All written communications concerning disputed amounts, including any check or remainpaobly~M nstrument #hat iniiicetes that the payment constitutes "payment in full" of the .amount. owed or that is tendered w{th other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Integrity Bank, 3314 Market Strest Camp Hill, PA 17011. LATE (:HARGE. If a payment ie 16 days or more late, I will be charged 5.000% of the unpaid portkm of the regularly scMdukd payment or 55.00, whM.hewr le•greater. . INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by 5.000 percentage poirns. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no evern will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. I will ba in defauh under this Note if any of the following happen: Payment Defauk. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the lima and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan 1 have with Lender. False StatemerKS. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or fumished. Death or Insolvency. Any Borrower diva or becomes insolvent; a receiver is appoirned for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or gowmmental agency tries to take any of the property or any other of my property in which Lender has a Ilan. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if 1 give Lender written notlce of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective CoNaetereib:atkur. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any lima and for any reason. Colateral Damage or Loss. Any collateral securing this Note is tort, stolen, substantially damaged or destroyed end the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. insecurhy. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable end ff 1 have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, R may be cured if I, after Lender sends written notice to me demanding cure of such default: (1) cure the default within fifteen {16) days; or (2) if the cure requires more than fifteen (16) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon defauh, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then I wilt pay that amount. PROMISSORY NOTE Loan No: 1130010429 (Continued) Page 2 ATTORNEYS' FEES; DCPENSES, Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees end Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctionl; and appeals. If not prohibited by applicable law, I also will pay any court coats, in addition to all other sums provided by law. JURY WANER. Lender and I hereby waive ffis right to any jury trial in any action, proceeding> or counterclaim brought by either Lender or me against the other. GOVERNWG LAW.. This Note wiN bs governed by federal law applcable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania wthout regard to its conflicts of law provisions, This Note has been accepted by Lender In the Commonwealth of Pennsyhrania. CHOICE OF VENUE. If there is a lawsuit, I agree upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. DISHONORED frEM FEE. I will pay a fee to Lender of 829.00 if I make a payment on my loan and the check or preauthorized charge with which I pay is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other accountl. This includes all accounts I hold Jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and ail such accounts. COLLATERAL. I acknowledge this Note is secured by 6307 Vaileybrook Drive Mechanicsburg Pa 17050. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, ell the terms and conditions of which are hereby incorporated and made a part of this Note. EXHIBIT A: An exhibit, titled "Exhibit A," is attached to this Note and by this reference is made a part of this Note Just as if all the provisions, terms and conditions of the Exhibit had Been fully set forth in this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns; and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the .extent alioyred by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. Ail such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon. or perfect Lender's security interest in the collateral. All. such parties also agre§ thdt fender may modify this loan without the consent of or notice to anyone other than the party. with whom the modification is made. The' obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and. all of the persons signing babes. PRIOR TO SIGNING THIS. NOTE, 1 REAP AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 1 AGREE TO THE TERMS OF THE NOTE. I AGIENOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS aiVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTRUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO`WW. BORROWER: ~:<::;. .t~h .::...... . ... ). .v....:.::: i ~'~i'~:•r'%i'~.viii%~:~?i: ~;i:;>~::tii(:>i'~:y~i X:i.;i?::•:':i<::, ~:tihi:'~ •`~'~„'+}:: iii\•iip+:::•: S ed and delivered in the presence of: X X Whnsss LENDER: INTEGRITY BA timer Loan Manager Wylt MO twdi,y, Vo. ¢q.00.00y C~• X"I"N 1lnwatY lWtls"R /ne. 1877.1001. N Myles Mr,+d. - fA RALOOINOICAylIAD70.1'C TIF1y8'6 71H ,, ., ,1°~°~ ~°~ Parcelldenti on Number: ~ ~9 -1O lD a ~ l~ q ooo28A WHEN RECORDED MAIL TO: Integrity Bank Camp H81 Office 3345 Market Street Camp Hiq, PA 17011 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $116,156.06 THIS MORTGAGE dated September 4, 2009, is made and executed between David G Kennedy, whose address is 6307 Valleybrook Drive, Mechanicsburg, PA 170507300 and Kimberly A Kennedy, whose address is 6307 Valleybrook Dr, Mechanicsburg, PA 170557300 (referred to below as "Grantor") and Integrity Bank, whose address is 3345 Market Street, Camp Hill, PA 1701.1 :(referred to below as "Lender"). GRANT OF MORTGAGE. For valuable comidsratlon, Grar>tor grants, bargains, sells, conveys, assigns, transfers, releases, confines and mortgages to Lender all of Grantor's right, title, end interest in and to the following described real property, together with ell existing or subsequerrtly erected or affixed buildings, improvements and fixtures; all streets,. lanes, .alleys, passages, end ways; ell easements, rights of way, all liberties, privileges, tenements, hereditaments, arxi appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses end -ditch rights pncluding stock in utilities with ditch or irrigation rights); and all other rights, royalties, end profits relatl to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Reel Propet'ty") located in Cumberland County, Commonwealth of Pennsylvania: See the exh~it or other descripption document which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 6307 Valleybrook Drive, Mechanicsburg, PA 170b07300. CROSS-COLLATERI0.LIZATION. In addition to the Note, this Mortgage secures ell obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may tie liable Individually or jointly with others, whether obligated es guarantor, surety, accommodation .party or otherwise, and whether recovery upon .such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other liabilhies or obligations of Grantor to Lender, then this Mortgage shall not secure additional loans or obligations unless and until such notice is given. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property end all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND. ALL OBLKiATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 8116,156.06, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GNEN AND ACCEPTED ON THE FOLLOWING TERMS: I~ GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" MORTGAGE Loan No: 1130010429 (Continued) Page 2 law, or any .other law which may. prevent Lender ftom bringing any action against Grantor, including a claim for deficiency. to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exeroiae of a power of sale. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ia1 this Mortgage is executed at Borrower's. request and not at the request of Lender; Ib1 Grantor has the full power, right, and authority to enter into this Mortgage and to hypothecate the Property; 1c) the provisions. of this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower and Grantor shall pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession mid Uae. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintdn. Grantor. shall .maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance neoessary to preserve its value. Compiilsnce With Environmental Cairns. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; 12> Grantor has no knowledge of, or reason to believe that there has been; except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment; disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or oooupante of the .Property, or (c) any actual or threatened itNgadon or claims of any kind by any person relating to such matters; and (3) Except ea previously disclosed to and acknowledged by tender in writing, la) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about orftom the Property; and (b) any suoh' activity' ahali'be conducted incompliance with all applicable federal, state, and .local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorises Lender and its agents to enter upon the Property to make such inspections and teats, at Grantor's` expense, as Lender may deem appropriate Co determine compliance of the Property with this .section of the. Mortgage: Any .inspections. or ..teats made, by Lender shall be for Lender's purposes only and shall not be construed to .create any responsibility or liability or the. part of lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby' (1) releases and waives any future claims against Lender for Indemnity or contribution in the event Grantor becomes liable for cleanup or other costa under any such laws; and 12) agrees to Indemnify, defend, and hold harmless Lender against any and all claims, losses, .liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting ftom a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other parry the right to remove, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of 6nprov~ments. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Ente-. Lender and Lender's agents and representatives may enter upon the Reai Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with OovemmsrKal Requirements. Grantor shall promptly comply with all laws, ordinances, and MORTGAGE Loan No: 1130010429 (.Continued) Page 3 regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith. any such taw, ordinance, or regulation and withhold compliance during any proceeding, including appropriate. appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole Qplnion, Lender's interests in tt-e .Property ere not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Outy to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, et Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without tender's prior written consent, of all or any part of the Real Property, or any-interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; Whether by outright sale, deed, installment sate contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by -any other method of conveyance of an interest In the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and Ifens on the Property are part of this Mortgage: Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due ell claims for work done on or for services rendered or materiel fumiahed to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Corneal. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as e. result of nonpayment, Grantor-shall wthin fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (16) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in en amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue sa a reauk of a foreclosure or sale-under the lien. In any contest, .Grantor shall defend hself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shelf name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shell.. upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shell authorize the appropriate govemmantal official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, arty services are furnished, or any materials are supplied to the Property, if any mechahic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materiels and the cost exceeds 51,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure end maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insureble value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished .without a minimum of thirty (301 days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverege in favor of Lender will not be impaired in any way by any act, omission or defauh of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the Loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the MORTGAGE Loan No: 1130010429 (Continued) Page 4 term of the loan. AppNOation of Proceeds, Grantor shall promptly notify.. Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds 8.1,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty, Whether or not Lender's security is impaired, Lender may, at Lender's election,. receive. and retain the proceeds. of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lander elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable coat of repair. or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Compliance with Existing krdebtedr»ss. During the period in which any Eziating Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Mortge9e for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If Grantor fails IAI to keep the Property free of all taxes, I(ena, security interests, encumbrances, and other claims, f8) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any abNgetion to. maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any. action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take -any action that Lender beNeves to be appropriate to protect Lender's intenests. All expenses incurred or paid by Lender for such purposes will then bear interest et the rate charged under the Note from the data incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will IA- be payable on demand;- (BI be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either i11 the term of any applicable insurance policy; or i2- the remaining term of the Note; or (C- be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender maybe entltled on account of any default. Any such action by Lender shall not be construed. as curing the default so as to bar Lender-from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a1 Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and. accepted by, Lender in connection with this Mortgage, and (b- Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception, in the .paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful glaims of ail pereons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this .Mortgage,. Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but .Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered; to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survhr~ of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Borrower's Indebtedness is paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lisn. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any MORTGAGE Loan No: 1130010429 (Continued) Page 5 default under any security documents for such indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. GraMOr shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings ere a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the, proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation es may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lander may at its election require that all or any portion of the net proceeds of 'the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, end attorneys' fees incurced by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY QOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Texea, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, Perfecring or continuing this Mortgage, including without limitation all texas, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon .ell or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borcower which Borrower is authorized or required to deduct from payments on the indebtedness secured by this type of Mortgage; 131 a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and {4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Tsxss. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as en Event of Default, and Lender may exercise any or all of its available remedies for en Event of Defauk as provided below unless Grantor either 11) pays the tax before it becomes delinquent, or 12) contests the. tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCINQ STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Securky Agreement to the extent any of the Property constitutes fixtures, snd Lender shal{ have ail of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security krterest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage es a financing statement. Grantor shall reimburse Lender for all expenses incurced in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. RIRTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lander, Grantor wi0 make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices MORTGAGE Loan No: 1130010429 (Continued) Page 6 and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve 111 Borrower's and Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for ail costs and expenses incurred in connection with the matters referred to in this paragraph. Ad~tlonal Authorizatkxis. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require tender to take any such actions. FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and aukable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen: PaymsM Defeuh. Borrower fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. freak Other Promises. Borrower or Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. Fate Statements. Any representation or statement made or fumiahed to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective CollateraYzation. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Msolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property; any. assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Taking of the Property, Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Grantor's property in which Lender has a lien. This includes taking of, garnishing. of or levying on Borrower's or Grantor's accounts with Lender. However, if Borrower or Grantor disputes in good faith whether the claim on which the taking. of the Property is based is valid or reasonable, and if Borrower or Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Existing Indebtedness. The payment of any installment of principal. or any iMarest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during. any applicable grace period in such instrument, or any suit or other action Is commenced to foreclose any existing lien on the Property. Breach of Other Agreemsrrt. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement oonceming any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Quarantor. Any of the preceding events occurs with respect .to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice l Loan No: 1130010429 MORTGAGE (Continued) Page 7 of a breach of the same provision of this Mortgage within the preceding twelve 1121 months, it may be cured if Grantor, after Lender sends written notice to Borrower demanding cure of such default: 11) cures the default within fifteen 115) days; or 121 if the cure requires more than fifteen 115) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compllanGe as soon as reasonably practical. RIQHTS AND REMEDIES ON D~AULT. Upon the occurrence of en Event of Default and at any time thereafter, Lender, at Lender's optbn, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Mdebtednasa. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due end payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Coda. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs,, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instrumerns received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shelf satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either. in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of ell or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, .against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of s receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as e receiver. Judkisi Forecbsure. Lander may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deflcisncy Judpmerrt. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of bli amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entltled to possession of the Property upon default of Borrower or Grantor, Grantor shell become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either i1- pay a reasonable rental for the use of the Property; or l2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shell have all other rights end remedies provided in this Mortgage or the Note or available at law or in equity. Sak of the Property. ?o the extent permitted by applicable law, Borrower and Grantor hereby waive any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shell be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sab. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten 1101 days before the time of the sale or disposition. Any sale of the Persona{ Property may be made in conjunction with any sale of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by tender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Faes; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, 1- MORTGAGE Loan No: 1130010429 (Continued) Page 8 Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' tees and Lender's legal expenses, whether or not there is a lawsuit, including. reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctbn), appeals, and any anticipated poet-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports, surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to ail other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacaimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United Staten mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one' Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be GraMOr's responsibility to tell the others of the notice from Lender. EXHIBIT A. An exhibit, titled "Exhibit A," is attached to this Mortgage and by this reference is made a part of this Mortgage Just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Mortgage. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: AmsndmeMs. What is written in this Mortgage and in the Related .Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Qoveming Law. This Mortgage wIB bs governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its coMliats of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Joint and Several. Liability. Ali obligations of Borrower and Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor, and. all ,references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Grantor underetands"Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The feet that Lender delays or omits'to exercise any right w111 not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions; of this Mortgage. Granter also understands that if Lender dose consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because- Lender consents to one or more of Grantor's requests, that does not mean lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Saversb~fty. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or unenforceable. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor krterests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. t• , MORTGAGE . ~ .. . Loan No: 1130010429 (Continued) Page s Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. AO parties to this Mortgage hereby waive the right to arty jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFlNITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means David G Kennedy and includes ell co-signers and co-makers signing the Note end all their successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9801, et seq. ("CERCIA"), the Superfund Amendments and Reauthorization Act of .1986, Pub. L. No. 99-499 ('SARA"), the Hazardous Materiels Transportation Act, 49 U.S.G. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U,S.C. Section 8901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Defauh. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Exktlng Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word "Grantor" means David G Kennedy and Kimberly A Kennedy. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materiels that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as deNned by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. knprovamerrts. The word "Improvements" means ell existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Irrdebtsdnesa. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amourt~ expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. Lander. The word "Lender" means Integrity Bank, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Mortgage. The word "Mortgage" means this Mortgage between Grantor end Lender. Note. The word "Note" means the promissory note dated September 4, 2009, in the original principal amount of ~ 116,156.06 from Borrower to Lender, together with ell renewals of, extensions of, modiNcations of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and ail substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums- from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, es further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter , ~J a MORTGAGE Loan No: 1 1 3001 0429 (COnt'tnued) Page 10 existing, executed in connection with the Indebtedness. Rants. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLED(;tES HAVING READ ALL THE PROVISIONS OF THIS MORTt3A0E, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTf3A0E IS (i1VEN UNDER 8EAl AND IT IS INTENDED THAT THIS MORT(iAt3E IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDINQ TO LAW. GRANTOR: I hereby certify, that the precise address of the mortgagee, Integrity Bank, herein is as follows: Camp HiB Offk:s, 3346 Market Street, Camp Hill, PA 17011 Attorney or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 1 SS COUNTY OF ~ ) this a ~~i ~ ~ day of ~ ~ rn ~_, 20 V- r ,before me ' ,the undersign N Lary Public, personally appeared David O Kennsriy, known to m o sa s acto~i y proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In vuitnsss wharaof, I hereunto set my hand and official sgel. .~. Notary Public iq(and~or the State of COMMONWEALTH OF PENNSYLVANIA NoFaiie13ee1 Hoh-A. DaNs. Notary Pu61c ~ HN eo%QanbarMrrd county ~M canntbabrr Eapirrrs M.y 21, 2ot1 rib«, Pannsylvanle Attogabon d Nolarlq CERTIFICATE OF RESIDENCE ~ , Loan No: 1 1 3001 0429 MORTGAGE (Continued) Page 11 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 SS couNnr of ~1n n ~, r~ 1 n t is, ~~ day of p,_lll.I~J~~~Q A , 20 l1- 1 ,before me ,the undersigned N tary Public, personally appeared Kimberly A Kemeny, known to me (ors isfacto y provenl to be the person whose name is subscribed to the within instrument, and acknowledged that he ors a executed the same for the purposes therein contained. _ M witness whereof, 1 hereunto set my hand and COMMONWEALTH OF PENNS_YWANW ~ Notary Public in r the State of Hotly A Oevis. Notary PubfC Camp Hrf Sao, Cun~beAerld2! My E~'~ ~y Member, Pennaylvanla IAdsociatbn of Notuka LASER PRO Lending, Ver. 5.45.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2009. All Rights Reserved. PA K:\LENDING\CFI\LPL\G03.FC TR-2956 PR-9 Lr ~ L 3~1~3 ,~ ~ . ~'.?3~%T P. 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Pafrc~ee, . w tialfta, ]~ctiee, peieleaec. and ~ WLataoer.s weo stts ~-;saaimd p.eatieee below or is ~ wisc,~ppaaRtlet~. and acs mvenciaoa atW re»oaindanR- ~. iepaeti am P~ awed ~ Ea ua- vfdae aPpectaloina ~ and @re sev4c;dooe rod ~mtdadeea, f~aott, 6roaR, and 1~ Weoso~ atd aA tLs wlais. 7~. dtie. aMdre4 l~i'• a1~ and deraawd aifb• aid t~ a won at law as in ognit~r. ~. is aad m the came. eaaA ~~3 .- EXHIt31'f `A' ALL THAT t~RTAIN psnasi of land sitta~e In Hampden Townsitip~ C~mbedand C~o~utujt. CormrtortWea6it of Penrlsyivas~ls, !~ rnoro p~arlfGU,haty bounded and dssgibsd ae fogowa, td wig 8EGlNNINOata aana+abs nionurns~niatsha~oomerafL,otNa 52vilhefiampclen Hearth Phase ll i:sa~ Plan. said PoirttbsinQ laeabadthe-l~odo~wing~ac~oearsasfromtharaorria~r+stnb~raectbr~ afV~eybrvolc DrivB and Rylarfd Drive: i) a(orfs #la cerd~arlb'19 of VaAeybrookDtiv~e. Routh 33 de@Iaas 82 minutes 36 secfonda Yllsst- a di~tey! of 206.00 fss!< ~ s point on the ~ of VblNaybroolc Drivis;and.'t~ ~r is the centiot~ of Vaiisybnppk Dt'iMa, 6or~ttt 13a deQraae 27 n~nubs,s ~ seconds East, a dbtanoe af?,6.s?0 tip thenos alon0 s~dd Lot t1b. b2. South ~d6 d~r+ses 27 minut+ae 25 se0andi a disaaloe of 'Ie$.4b feat W a print an thr northsm Nna at tat No. '108 of itw F'trmit Subdtvtsion Plan fbr tiarrfpdsn Haar Phase N pnpar~ed by t;lrhwe Amos, Erginaer~s and S ~ dated NlarCh 18. tt18~4and reaordeid Mthe d,rnb~ter~dCountyCa~irtl~ou^slnthe OR~oe of ~ i~ecac+d~ of QMdg in RM~n Soak 6s. Papo 89; ~hae+os atoe~ sMd sot Iv~.1 oaf and lot No. t tit of the sfidrarrwntbrred l7rfai $Utx~vlsbn P11m for tsarnpden H+eerfh Phae~s N, South 22 degravo 27 n~u~s 2,O eecaxis West. a dlslanae of 83.31 f~eetfo a polrrt attha easiernmast Cacnsrgf Ld Wo. Sa at thv aforanatr0lorwd Halrrpds+rt ttasrih Phas+s l! Fi'~at PMir~ ths+na aNxp Heald L+qt No. S4, NoMh 77 degroes 33 minu~es 29 seconds West; a dist+fuunae of 406.8? tgatto a point on the essiem dscsafbed -'~~!- fine of Naa~on Girdw; theru~e abrp iFar •attorri ds~dicabd right-olwwiy iii of t~iarMap~i GZraMs. Norsk t tlegrae 37 minutes 26 seconds test, a c~srrve of 6'1.7$fe~ba paintan tl~e yarns; thenos aiang the same by a esmra btha rlghths+vina a ntdkrs of 10.OOfaet an anclortgtrr of 13.Oe t~ the chord of:wid axv. havh~ a be~rinp of Norm SO dspneas OB mtrwles 9g asoonds Eask and a dletarraa of 12,17 feet iD a on the eouthem dsdicaied rlph!-af~roy fine d Veilaybrovk DriNe; 1har~abnathesouMtamdad~le~drip~o(-wsygnadVsttsytxraoicOrlw. bYa aun+e bthslolths~+~ir~ a radius cf i26.00~ an ar~c~6toit93.s3t~ the riror+d of~aid aWV~e twvtrr0abearkfg ofNord, 55 tlegr~oes (14 minuf+es t4 saoonds East, and a c~tance of Ot.74 feet, m e point on the sou~em dadieaiad t~h!-aM~gyNnadlAepeyber,~oiit t~riva; thanoeabr~gthfraaRMt. N[1t11133dsgr~ 32ftt~M~ 36 seaands East, a dlstsnoe- of 2.78 float to a aar~cs+ats mcearrnarrt. at the vwe~Ee~mtnas~t oore~eraf the- afa+esaki 1.ot No. 82. the PI*CS of t3EOiNNtt~1f3. BEING known ao Lot No. 83 of tl+e Hampden Flsssth Ptwse It Final Plan prssper~ed by t3rove Assoda~. ~+d~urvyrxs.mstrswsed t=atuusiy 18. t9o3erKJ reoorde0 in tFnC,rnnberlarld County Courthaeaa! in the ORioo attlat Raoortlerof Dyads ort May 7 !#.1003 h Plan eookHB, Page 8i. a31a25 ~~°~ ~+~~ ~~~~ ~ ~~ ~~ ~ ~ ~~ ~~ ~~~~.~~~:r~~~ ~ ~ ~~~ ~ ~$~~~~~~~~~~~ ~ eo~- ~. roc ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200931906 Recorded On 9/14/2009 At 1:18:28 PM * Instrument Type -MORTGAGE Invoice Number - 52271 User ID - AF * Mortgagor - KENNERLY, DAVID G * Mortgagee - INTEGRITY BANK * Customer -INTEGRITY BANK * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $29.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE- $3.00 TOTAL PAID $66.50 * Total Pages - 14 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA /o . RECORDER O * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. VlNlll~lllllfl ~. , ~eg~~~~T B A N K ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is as official notice that the mortgage on voar home is in default. and the lender intends to foreclose Specific informadon about the natare of the default is provided in the attached oases. The HOMEOWNER'S GENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help to save voar home. This Notice explains how the program works To see if HEMAP can help. von must T WITH A CONSUMER CREDIT COUNSELING AGF,NCY 33 DAYS OF THE DATE OF THIS NOTICE ~ Take this Notice with voa when voa meet with the Coanseling Agency. The name. address and phone number of Consumer Credit Coanseling Agencies serving voar County are listed at the end of this Notice. If von have any auestioas. von may call the Pen awia Housing Finance Agency toll free at 1-800 342-2397. (Persons with impaired hearing can ca11(717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you Snd a lawyer. LA NOTIFICACIbN EN ADJUNTO ES DE SUMA IIVIPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VMENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIbN OBTENGA UNA TRADUCCIbN II~TMEDIATAME'NTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PR~STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 4/6/10 3345 Market Street Camp Hill PA 17011 • Phone: 717-920-4900.877-1- HAVEIT • Pam 717-920-4904 • www. mtegritybankonlinGCOm ~- ,~ , HOMEOWNER'S NAME(S): David G. Kennedy & Kimberly A. Kennedy PROPERTY ADDRESS: 6307 Valteybrook Drive, Mechanicsburg, PA 17050 LOAN ACCT. NO.: 1130010429 ORIGINAL LENDER: Integrity Bank CURRENT LENDER/SERVICER: Integrity Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FCrrrmF MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 1F YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND lF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING Fl'NANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer crodit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITBIlIT TY T~tEE (33) DAYS OF THE DATE OF THI5 NOTICE. IF YOU DO NOT APPLY FOR E_MF,RGENCY EXPLAIlVS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meetina. The names. addresses aad telenhono nun+~ of •designated consumer credit counseling, agencies for the county in which the pron~ty is located are set orth at the end of this Notice. It is only necessary to schedule one face-taface meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. )F YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING; THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIlVIE PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A ~ ~- FORECLOSURE ACTION, BUT lF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available fiords for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: lF YOU ARE CI;fR.RENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed banlmiptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it ua to datel. NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts and they are past due: February 2010 Payment = $858 96 /March 2010 Payment = $858 96 OTHER CHARGES (explain/itemize): Total s = 8 .88 TOTAL AMOUNT PAST DUE: 1 3.80 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ $1,803.80, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. iF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure r A ~ proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hear before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Integrity Bank Address: 3345 Market Street, Camp Hill, PA 17011. Phone Number: 717-920-6021 Fax Number: 717-920-3611 Contact Person: Matthew G. Galt E-Mail Address: mgait~a~mtegritybankonline.com EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). r -w - B A N K NOTICE OF INTENT TO FORECLOSE MORTGAGE -ACT 6 NOTICE Apri16, 2010 To: David G. Kennerly & Kimberly A. Kennerly, On September 4, 2009 you executed a note in favor of Integrity Bank (the "Bank") evidencing a loan in the amount of $116,156.06 (the "Loan"). The Note is secured by a mortgage (the "Mortgage") against your real property known and numbered as 6307 Valleybrook Drive, Mechanicsburg, Pa 17050 (the "Mortgaged Properiy). The Mortgage IS IN SERIOUS DEFAULT because monthly payments of $858.96 were not received for the months of February and March of 2010. The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter, is $l, 717.92. You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to the Bank the above-mentioned amount of $1,717.92, plus anv additional monthly uavments and late charttes which may become due duringthis period Such payment must be either by cash, cashier's check, certified check or money order, and made at 3345 Market Street, Camp Hill, I'a 17011 You may cure this default within THIRTY (30) DAYS, the Bank intends to exercise its right to accelerate the NOTE aad the Mortgage. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may loose the chance to payoff the original mortgage in monthly installments. ff full payment of the amount of default is not made within THIRTY (30) DAYS, the bank intends to commence a lawsuit to foreclose upon your Mortgage Property. If the Mortgage is foreclosed, your Mortgaged Property will be sold by the Sher~to pay off the Loan. If the Bank refers your case to our office, but you cure the default before we begin formal legal proceedings against.you, you will still have to pay the reasonable attorneys' fees actually incurred. Any Attorneys' fees will be added to whatever you owe the Bank, which may also include reasonable costs. 3345 Market Street, Camp Hill PA UOll • Pbone: 717-920-4900.877-I-HAVFIT • Fa.~ 7I7-920-4904 • wuw. mtegritybaukonlmernm t -a+ ~ If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1J hour before the Sherif,~'"s foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments, plus arty late ar other charges then due, as well as the reasonable attorneys' fees and costs connected with the foreclosure sale, a»d you must perform any other requirements under the Mortgage. It is estimated that the earliest date the Sheriffs Sale could be held would be approximately September 6, 2010. A notice of the date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the undersigned at the following number: 717-920-6021. This payment must be in cash, cashier's check,. certified check or money order and made payable to the Bank at the address stated above. You should realize that a Sheriff s Sale will terminate your ownership of the Mortgaged Property and your right to remain in it. If you continue to live in the property after the Sheriffs Sale, a lawsuit could be started to evict you. You have additional right to help you protect your interest in the Mortgage Property. YOU HAVE THE RIGHT TO SELL THE MORTGAGED PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUITION TO PAY OFF THIS DEBT. YOU MAY HAVE T$E RIGHT TO SELL OR TRANSFER THE MORTGAGE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CAARGES, AND THE ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. YOU MAY CONTACT THE UNDERSIGNED TO DETERMINE UNDER WART CIRCUMSTANCES TffiS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE TffiS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. If you cured the default in full, the Mortgage will be restored to the same position as if no default had occurred. Sincerely, atthew G. Galt Collection Manager - -e1 ' ^ Complete trams 1, 2, and 3. Also complete ~ Rerri 4 K Restricted Delivery is desired; { ^ print your name attd address on the reverse so that we cart return the card to you. ~ ^ Attach this cord to'the back of the mailplece, ~ or on the front ff space pemnite. ~. ~ 1. Article Addressed to: p~~ad ~ . ke~~ t'~1 IM~.C,~a~icsb~ ~ ~~o i s. Relived by (~,r~6dn~---T'~ I c: Dare of D~~-y D, Is delhrery room ahem 1? ^ 1(er H YES. below; ^ No ~l~~il o o o Retum Receipt for Mercdrandlse ~ inslusd Mail ^ C.O.D, t Complete Iterrfe 1, 2, arhd 9. Alpo c:Ompiete Item 4 if Retrtrkted Deihrery is desired. ^ Prini< your name and address on the reverse "scc that vve can return tf-e card to you. ~ Attach this card to the back of the mailpiece, or on the front ff space permks. ~ 1. Article Addressed to: ~' ~ fly ~ ~ 1~e ~ ~ (~3 b~ ~l~ ~ ~~~~~~~ ~Ji~G(Y-! C.S b~. i ~~ I (~05~ ~ _ 'i 2.. Artlds Number 7 D ~ 9 , (7iena}brfivm seMce k4e~ i. X p i3 ~ (Pi,7r[6d Marne) D. Is dsliirery addroes dllrerent:ltem 1? IJI~Yss If YE$, entgr delivery txlow: (] No `~~ 8~. ~ ,1~0~3 ~ 1 ~ ZQb-~th~l, l I ~e-~ ~a ~. >vten p Mail ~ Repiaterod ^ .Karam Reosipt.far MerGheniiise ^ Insured MeU ^ C.O.D.. a. Raet~ted osiweryr ~ Feel v Yes ~08D ~D01 17D4 2906 Ps Form 3811, February 2004 vo2695~02M-a6so' Domestb Retum Receipt ~ -"'~ ~ Y"~ ~' r'`i ~W 1- Z :'~' •.; i w ^^ ~~ .: ~ :':~' •,~ 1 s.'9' x x o o ~ ~ ,~ N_ L ~.~.~ C _ ~^~ r-. rt ' ~ O ..M1 J ~' ~ J -1, v ~ -~. :, ~ ~ ~Q ~ ~ v ~' ., r i t„i. Lf t ~ f'~ ~ S a~ ~ ~ ~ ~ a~ a ~ ~ ~ ~-- a a~ ~ a~ c ~ c f/1 Fa" In i • ~ • Z t VERIFICATION I, Gary G. Klick, am a Vice President for Integrity Bank, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: By: ,rc/ ~C/.l Gary G. Kli ,Vice President Integrity Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~Q~,ttr pt C~utgdrrt;~~~ ~1 :~~. Ff~~U-~~1-='~~~ A~ 2~IQ Jt~L -6 ~i $ 38 ctlr~~~ r ~~. ~ft.~~v~ Integrity Bank vs. Case Number Kimberly A. Kennerly (et al.) 2010-4181 SHERIFF'S RETURN OF SERVICE 06/23/2010 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: Kimberly A. Kennerly, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 06/25/2010 Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2010 at 1922 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David G. Kennerly, by making known unto a person representing themself as David G. Kennerly's brother, at 6307 Valleybrook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEPU 07/01/2010 Dauphin County Return: And now July 1, 2010 at 0830 hours I, Jack Lotwick, Sheriff of Dauphin 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: Kimberly A. Kennerly by making known unto herself personally, at The Dauphin County Sheriffs Office, 101 Market Street Room 104, Harrisburg, PA 17101 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $62.00 July 02, 2010 SO ANSWERS, ... RON R ANDERSON, SHERIFF (ci GountySuite ShenfF, Teleosoff. Inc. Mary Jane Snyder Real Estate Depu :~: William T. Tully ~ Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Commonwealth of Pennsylvania County of Dauphin Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy INTEGRITY BANK VS KIMBERLY A KENNERLY Sheriff s Return No. 2010-T-2222 OTHER COUNTY N0.20104181 And now: JULY 1, 2010 at 8:30:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon KIMBERLY A KENNERLY by personally handing to KIMBERLY A KENNERLY 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFFS OFFICE 101 MARKET STREET, ROOM 104 HARRISBURG PA 17101 Sworn and subscribed to before me this 1ST day of July, 2010 NOTARIAL SEAL ARY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Ex fires Set 1, 2010 So Answers, ~~°/~:~~ Sheriff f Dauphin County, Pa. B LZ~ ~~~ Deputy Sheriff Deputy: KIMBERL BARTO Sheriff s Costs: $65.25 6/28/2010 REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamsaReagerAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: Wmartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 INTEGRITY BANK, Plaintiff v. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION DAVID G. KENNERLY and KIMBERLY A. KENNERLY, Defendants NO. 10-4181 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Please issue a Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the Defendant. Levy upon and sell all that certain tract of real estate in Mechanicsburg Cumberland Coln Pennsylvania owned by the Defendants, David G. Kennerly and Kimberly A. Kennerly as more fully described in Exhibit "A" attached hereto and made a part of hereof by reference. fact-00 pztjq Q •00 -fir a.?- OU, ov - it f4f.00 -.. it, '9.50 - At 19q.5o Po a-m/ a. 0o QueCo 3D Lj- R4 e2qez?)r Amount due: Interest from 6/23/2010 to 9/14/10: Attorney fees to date Legal expenses shcrffff=? Total $119,327.67 $ 3,278.50 (plus 39.50 per day) $ 1,489.50 $ /oy y6 Respectfully submitted, Date: September 14, 2010 zv Tho as O. Williams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff e " ALL THAT CERTAIN pmmW of lend situate In Hwrpdan Tam**, Cumbarlend County. 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BEM k ram as Lot No. 53 of the Hwnpden Hwth Phase 11 Rne1 Plan .*"wed by Own Aeeoc?eiss.&oitlssrsmd8urveyombdnmftWPW*myl8.lMwWtecada lnVnQwtbetMrfO Coty* Oowltcu*In the Ofte dthe Row derof Deedeon Mey 10- lM h Plan Bw* 68. Poe 3l. e-,1,, t, -?- A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4181 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK, Plaintiff (s) From DAVID G. KENNERLY and KIMBLERLY A. KENNERLY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,327.67 L.L.$.50 Interest from 6/23/10 to 9/14/10 -- $3,278.50 (plus $39.50 per day) Atty's Comm % Due Prothy $2.00 Atty Paid $194.50 Plaintiff Paid Date: 9/14/10 (Seal) REQUESTING PARTY: Name: WAYNE S. MARTIN, ESQUIRE Address: REAGER & ADLER, PC 2331 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-763-1383 Supreme Court ID No. 208078 Other Costs: Attorney fees to date -- $1,489.50 Legal expenses -- $104.46 ,s, David uell, Proth t B Deputy REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamskReagLerAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: Wmartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 INTEGRITY BANK, Plaintiff v. f'c 7A, AaY 1: 35 CU ',P NTY SYLYLVANIA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DAVID G. KENNERLY and KIMBERLY A. KENNERLY, Defendants : NO. 10-4181 AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, by its attorney, WAYNE S. MARTIN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 6307 Valleybrook Drive, Mechanicsburg, Pennsylvania 17050 as further described in Exhibit A. 1. Name and address of Owner(s) or reputed Owner(s): David G. Kennerly 6307 Valleybrook Drive Mechanicsburg, PA 17050 Kimberly A. Kennerly PO Box 7 Elizabethville, PA 17023 2. Name and address of Defendant(s) in the judgment: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Same as above Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None 4 5. Last Known Address (if address cannot be reasonably ascertained, please indicate) Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ABN AMRO Mortgage Group, Inc. 5050 Tilghman St #115 Allentown, PA 18104 Penn Center West Bldg 2 Pittsburgh, PA 15276 Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Commonwealth of Pennsylvania, Department of Revenue PO Box 280948 Harrisburg, PA 17128-0948 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Mellon Certified Restoration Phelan Hallinan & Schmieg, L.L.P. Last Known Address (if address cannot be reasonably ascertained, please indicate) 436 S. Lansdowne Ave Yeadon, PA 19050 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 related to sworn falsification to authorities. Date: `j -lq - !D WAYNE S. M TIN, ESQUIRE Attorney for Plaintiff ALL. THAT CERTAIN panmi Of rand dLWb in ftgX sn Tam**, Cox *Wbr4d t]MW, Com wnweagh of P si m o vanis, bMV mans partials V baandod and dewled as tgwtfs? to wit BEGMININOataooruxaton rdxTmdgtnwvAmli mmmlindoMMOrLatNO-52afg*ti*npdonHmd Pl4sof4e 11 Final Plan. aaifi po+Mtn.in? k?osladn,.lo?Nowbaao?,e?,s(ro?ineh.doedai+.Ml¦naeafia+ ofViNsybraioktkiM?s?! RylwrldDrMa: i?afort0il4sosrr4rtkM4ofVa1ilyWioolc[.ieM1, taofud><33drrOtess 32 tntr4?Nes Sts oorfds 1Nast, a Mamas Or Mon bdlb a paint on the cpefi6l Tins dVi?Ny6robk. drive: and v r4dladi t iu the cordo w ofviifllaybrr?aic Dinm Soulh WdsWmm 2Trr%*w 36 ssdor?do list, a dleHnoo caLoo task imm along said Lrat No. 62, awoh 45 dsptass 27 Wane ffi s«t-onda ? a Asbnos of 1A6.+46tietma patntanthanoelFrrn NrMdt?otNa Ida 1?E1fia F1nd E'r4ptrlssrfs and subd wllbe4n Plez the ltirr sn Haefrlr4 Phoss N pnspMfods Msooifisa? ,dmbdLiwicti&lg94wWnwwdWinto0uOr4b CourilyC?-- ft- 1"thftomm & of Doads in Pharr 5ook ft P pya?elf; OP 14 a s den, said Lat IV, 105 arid Log M.1 t?9 atom afasnwnlionsd mbw itlbfdvhdon Plan ?. l? P? `Y, SaiM 22 2 ?? 27 noelca wc(LotNa54 n?inc+isw2DswndsVYaakadsImataeof8&3lfoetbapokdatthaafisnn of bs attxwnMNforrd Ha414pd?n Has fh E?tMas 1! l?Fal @4snas?kxr0 =M Lat No. ft Nfxth Tl ds?nois=116 Mibs23seoon*West„s5stm-lgi?Gf448W1raattospoirstanMlo1 461 n d d airs fofNawicn Ckdn4: fllsrroe aborip f1w essirn dedboaivd mgt its of Nswfor? l dpres 3Trrrinulos ? a dietinos of81.73fr4ftbapoiAtan ftnosams; fFcenoee?on sarrtisbyaexavisto?hsvirrpstadinaaflQALlMtai1#+aiftlplraf'f2:04 tho vhoey c b cum* bovko a boo" of t+lorth:p 06 trWwies J" Milot- and a did wq * of 12.17' lief b a point On tha aQf,N4sR1 iw w cf 1 bta?k. Drirs; ff4anOS o4ssoutl4omdedlo¦ledript,baF-wsyar4scE?VVateyl4rrrnoicdlw?btrsotrMSbtt?sif>rtthfaAnp $ r@" pf f26A0*wk an we br 4th d*.53 fsK the da l of4atd mw b lnpa I of Nafh 56 doprsis 04 w*vAn 14 aaoonds 1%^sf4d a dlstwM of01.74 tsK too poht on the pouirrh deJbeid Inaafl?6?ooicOri?thenoersiocq?sve4s.N0etl13atlrp?+sss?M>tnulas 36 e?aonds? a d?stsnos of2.T6asst bs oorlQises montsrrenl. slfhsvNalcmr44aatoorr4sratths wolumk! L# W. OZ the Ph" of DMINNIM. BfiM lanowr4 as L.at W. fM of the IjmnWftn Hearth Rt4 It POW ft OmVGnd by (ban Asaoda - 1"- 111- --mnifou rfambstfouindPWmmy1a.IM&Wn-mm dsObnUnCkwfbsrW4 Coa4tyCourihfansain thsofios Cft14s ftanrdw of Doodson lrlsy 10.90x3 in Plan BM* 68, Pop 31. REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamsaReagerAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: Wmartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 INTEGRITY BANK, Plaintiff V. DAVID G. KENNERLY and KIMBERLY A. KENNERLY, Defendants BLED-?i r r; }{ Tom" r- nr 7APY F 1: 37 CUIYtB&',""t `iL) VUU1lw PENNSYLVANL, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 10-4181 CERTIFICATION OF ADDRESSES I, Wayne S. Martin, Esquire of Reager & Adler, PC, Attorney for Plaintiff Integrity Bank, hereby certify that Plaintiff Integrity Bank's correct address is 3345 Market Street, Camp Hill, Pennsylvania 17011 and that the correct address for Defendant David G. Kennerly is 6307 Valleybrook Drive, Mechanicsburg, PA 17050, and the correct address for Defendant Kimberly A. Kennerly is PO Box 7, Elizabethville, PA 17023. I certify that the forgoing information is true and correct to the best of my knowledge, information and belief. REAGER & ADLER, PC B Y• Wayne . Martin Sworn to and subscribed before me this 1 day of September, 2010. Notary Public WaWONiNEA.LTFi t;r 'EtiNSY1.VANIli-? L Notarial Seal Linda H. Miller. Notary Public. Camp Hill Boro, Cumberland County My Commission Expires May J, 2013 Fer~nsvlvania Assodatior of ^ictarip REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: Wmartin(&ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 INTEGRITY BANK, Plaintiff V. FILED-OM CE 1: 36 CUMBE`-? -4L L? UNTY Pit NSYLVANA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION DAVID G. KENNERLY and KIMBERLY A. KENNERLY, Defendants : NO. 10-4181 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 TO: Kimberly A. Kennerly, PO Box 7, Elizabethville, PA 17023 Your real estate situate in Hampden Township, Cumberland County, Pennsylvania, known as 6307 Valleybrook Drive, Mechanicsburg, Pennsylvania, as described in Exhibit "A" attached is scheduled to be sold at Sheriff's Sale on December 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2°d Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania to enforce the Court Judgment of $119,327.67 obtained by Integrity Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be cancelled if you pay to Integrity Bank, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Reager & Adler PC at (717) 763-1383. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the better your chance of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Reager & Adler, PC at (717) 763-1383. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Reager & Adler, PC at (717) 763- 1383. 4. If the amount due form the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) ALL THAT CERTAIN pam W of loot! shale In Hampden Taw W*, Cumberland County. 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BEM wawa as Lot No. 53 of ft Hampden Hwth Phu* If Final PMn O"wd by Qmw Assod .6+pNlssrsandSuttisyoes.lsstrwtssdRilxwy1a.1li03atldiaioo?do ImO OwtorlwO County OowVix ie in the CIRoe dine ftmrderof Deedson May 10.1003 In Plop Book 56. Pope 31. e,-i, 6, -/- A REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: Wmartinaa,Rea erg`AdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 INTEGRITY BANK, Plaintiff V. FILED-OfFrCE PM I: 36 ) CUAEL 44 i?OUNTY FENNSYLVANlA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION DAVID G. KENNERLY and KIMBERLY A. KENNERLY, Defendants : NO. 10-4181 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 TO: David G. Kennerly, 6307 Valleybrook Drive, Mechanicsburg, PA 17050 Your real estate situate in Hampden Township, Cumberland County, Pennsylvania, known as 6307 Valleybrook Drive, Mechanicsburg, Pennsylvania, as described in Exhibit "A" attached is scheduled to be sold at Sheriff's Sale on December 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania to enforce the Court Judgment of $119,327.67 obtained by Integrity Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Integrity Bank, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Reager & Adler PC at (717) 763-1383. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the better your chance of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Reager & Adler, PC at (717) 763-1383. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Reager & Adler, PC at (717) 763- 1383. 4. If the amount due form the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) ALL THAT CERTAIN p.roW of WW sbimb In Hwnpdet? TwmmOfp. 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Nwlhrr J.ft d. ..oUnik"I s?3aeoW allwl ik Vkho oI oflvwlwip k;xdncon?? dr •d fits dNawlon r?r,o? lttfarroe fie..Nfarn d.dtoolod r??i+toR?rlhtaofNswioKr ldprrwarr?inu?s?t aoblinveoF?i.7?fieetbap0lrttan7tteerrrts; vtertoaNb 'p/hik ori rsbyaatrwlo? ? sn?? 1P atm.W-gw ndi the dxx-d- of Q auras ho%*Q "MAID ? . dislonos of-12.iY fA*do mi poW atom M k&My **,a- 6 _ _ Dtirs; a ra&mof fgS=hwt. anancbr4* of4&V3ibK tht d=dofsotdoutvodwn ll6.tlilpnas 04 imkv inp 14 saoonds E aK elrtd .a dlntsnar afst.74 fink io* dsdtr?li?iadttp thadVfil?ItinoiokDrlw?lh?rwaWortpl?sarrrs.NOelh; 36eotds 6adrtoe af2.76favtba aononNs Rrorrurtteert, •ttlasvrrsl afonssab tot No. lFZ. tlta Plfwe of QLOINNINO. BEING kno" di Lot No. 63 of to Warnpdon HMO Pheas It Rnal Plan .prttparrd by Gaow Assoddss.t3+pNlssrss1dtsurwyors.lwstrrAlmalPWxuwyla.taoa.ndr.oardo lnd=Ck rftd ra %O%Mm v ?%0 u utaussdrt the Cflioe ofthe Rewrderof Derdaon My 19. iM In Pion Sock S8. Pape 31. REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQU Attorney I.D. No. 67987 Email: Twilliams rr;ReagerAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: Wmartinnu.ReaverAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 INTEGRITY BANK, Plaintiff V. DAVID G. KENNERLY and KIMBERLY A. KENNERLY, Defendants : CIVIL ACTION NO. 10-4181 AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: THOMAS O. WILLIAMS, ESQUIRE, being duly sworn and according to law, deposes and says that he served the attached Notice of Sheriff's Sale and Divestiture of Liens upon all judgment creditors,, mortgagees, and other persons who have any record in or lien of record upon the property scheduled to be sold at the Sheriff's Sale in the above matter on December 8, 2010, by mailing a copy of the attached Notice by United States Mail, First Class Certified Mail Return Receipt Requested, Postage ]Prepaid, addressed as follows: Commonwealth of Pennsylvania Department of Revenue PO Box 280948 Harrisburg, FA 17128-0948 IRE, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Mellon Certified Restoration 436 S. Lansdowne Avenue Yeadon, PA 19050 Phelan Hallinan & Schmeig, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 THOMAS O. WILLIAMS, ESQUIRE further deposes and says that he mailed a copy of the attached Notice by United States Mail, First Class Certified Mail Return Receipt Requested, Postage Prepaid, addressed as follows: ABN AMRO Mortgage Group, Inc. ABN AMRO Mortgage Group, Inc. 5050 Tilghman St. #115 Penn Center West Building 2 Allentown, PA 18104 Pittsburgh, PA 15276 and that, while these mailing were returned by the post office, service was made to these two Parties in Interest via their attorneys at Phelan Hallinan & Schmeig, LLP, as set forth above. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 related to unsworn falsification to authorities. Date: November 3, 2010 THO AS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011 Phone: (717) 763-1383 Attorney for Plaintiff Sworn to and subscgibed Before me this Jr day of C19?#r , 2010. ',N61ary Public COMMONWEALTH OF PENNSYLVANIA. Notarial Seal Deborah L.. Brenneman, Notary Public Camp Hili Boro, Cumberland County My Commission Expires June 18, 2014 Member, Pennsylvania Association of Nota SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor rp_7, t: r 3 y,f J f_f '.irk 5. Integrity Bank vs. Kimberly A. Kennerly (et al.) Case Number 2010-4181 SHERIFF'S RETURN OF SERVICE 10/18/2010 12:23 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10/18/10 at 1217 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kimberly A. Kennerly, by making known unto, Kimberly A. Kennerly, personally, at, POE: Carrocoli & Associates, 875 Market Street, Ste 200, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/25/2010 06:11 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10/25/10 at 1811 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: David G. Kennerly, by making known unto, David G. Kennerly, personally, at, 6307 Valleybrook Road, Mechanicsburg, PA, Cumberland County Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/25/2010 William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10/21/10 at 1342 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kimbery A. and David G. Kennerly, located at, 6307 Valleybrook Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 12/14/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on December 8, 2010 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Wane Martin on behalf of Integrity Bank, 3345 Market Street, Camp Hill, PA 17011 being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,256.85 February 04, 2011 SO ANSWERS, RON ~ R ANDERSON, SHERIFF . cc) Cc, . • ' 7b E Pd va s 5y)