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Home My WebLink About10-6323ti E~..~ I-~',~ .. ~~~~~~~~f1,18~~~~~~~Y4 ..:: /~ 4t t~tQ~.9r ~'f t~ :=.It1 i'.:,,:rptr~i Ht';, ~ ~ - _ . `00001-9709120.900100010031057` 1 rl/ PROMISSORY NOTE ~~ ~_ pU1 BOrrOW er: Modern Innovative Properties, LLC. Lender: Futon Bank 316 South High Street Progress Avenue Office Mechanicsburg. PA 17050 One Penn Square Corporato Address Lancaster, PA 17602 Principal Amount: S 145,000.00 Date of Note: May 29, 2008 PROMISE TO PAY. Modern Innovative Properties, LLC t"Borrower") promises to pay to Fulton Bank 1"Lender"1, or order, in lawful money of the United States of America, the principal amount of One Hundred Forty-five Thousand & 001100 Dollars (5145.000.001. together whh interest on the unpaid principal balance hom May 29, 2008, until paid In full. PAYMENT. Subject to any payment changes resuking from changes in [he Index, Borrower will pay this loan in accordance with the fagowing payment schedule: 239 consecutive monthly installments on account of principal and interest In the amount of 51,111.12 each, beginning on June 29, 2008 and continuing on ttra 29th day of each month thereafter. One final payment of alt unpaid principal end aft unpaid accrued interest shall be due and payable on May 29, 2026. INTEREST RATE. The interest rate applicable hereunder is the annual fixed rata of 0.75% for a period of 60 months from the date hereof, followed by the annual variable rate of 1.50% above the Index, as hereinafter deRned. Unless otherwise agreed or required by applicable law, payments will be applied first to anY accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lendar'a address shown above or at such other place as Lender may designate in writing, VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in en index which is the Fulton Bank Prime Rate (the "Index"1. The Index is not necessarily the lowest rate charged by Lender on its loans and is set by Lender in its sole discretion. 1/ the Index becomes unavailable during the term of this loan, Louder may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The interest rate to be applied to the unpaid principal balance during [his Note will be at a rate of 1.500 percentage points over the Index. NOTICE: Under no circumstances will the interest rate on this Nola be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: IAI increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity data, IBI increase Borrower's payments to cover accruing interest, ICl increase the number of Borrower's payments, and IDI continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penahy: The 8orrowar shall have the right to prepay the whole or any part of the principal and interest hereunder provided that: la) at the time of prepayment no event of defauh hereunder shall have occurred: {bl any prepayment during any fixed rate period skag be accompanied by a prepayment penalty equal to two 12%) percent of the amount; Icl any partial prepayment shall ba applied to the unpaid principal balance, and no prepayment shell reduce the amount of the scheduled installments nor relieve the Borrower from paying the scheduled installments on each due date, until the entire indebtedness is paid. Notwithstanding anything to the contrary sat forth above, the prepayment penalty wig not be charged from the proceeds of the sale of 1820 Penn Street, City of Harrisburg, Dauphin County, Pennsylvania. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to moke payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. 8orrowar agrees not to send lender payments marked "paid in full", "without recourse", or similar language. 1f Borrower Bonds such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower wilt remain obligated to pay any further amount owed to lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or es full satisfaction of a disputed amount must be mailed or delivered to: Fulton Bank, Progress Avenue 011ice, One Penn Square, Corporate Address, Lancaster, PA 1 7602. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Nota shall be increased by adding a 5.000 percentage point margin I"Default Rate Margin"1. The Default Rate Margin shall also apply to each succeeding interest rate change that would leave applied had there bean no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, ',n no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following stroll constitute an event of default 1"Event of Default"f under this Note: Payment Defauk. Borrower fails to make any poyment when due under this Note Other Defeuks- Borrower faits to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Defauk in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or tfte related documents is false or misleading in any material respect, Dither now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution oT Borrower {regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencomen[ of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect t0 any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Nate is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default In payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from • PROMISSORYa OTE ' •[~ a: ~,~~III#F'R?R ~'g4 ~ ~~, e., •F ~ ~1~~~ r ;~7w~,r ,a,?,217..'f r~tt~^*JSp:u~n ~ 1. 9~ ~, ~ kd ,, t~,_ 1I Lender demanding cure of such default: 111 cures the default within fifteen (151 days; or 121 if the cure requires more than fifteen 11 51 days, immediately initiates steps which Lender deems in Lendor's sole discretion to be sufficient ro cure the default and thereafter continues and completes all reasonable end necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, 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 Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES- Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal oxpenses, whether or not there is a IawsuiL including reasonable attorneys' fees, expenses for bankruptcy proceedings lincluding efforts to modlfv or vacate any automatic stay or injunctionh and appeals. If not prohibited 6y applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender end Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. ' GOVERNING LAW. This Note will be governed by federal law applicable to Lender end, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to ks conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with lender (whether checking, savings, or soma other accountl. This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower :nay 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. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff alt sums owing on the indebtedness egairtst any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge end setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by Mortgage on 2011 Kennsington Street, City of Harrisburg, Dauphin County, PA end 1820 Penn Street, City of Harrisburg, Dauphin County, PA; Guaranty of Tod M. Reynolds. CROSS DEFAULT. Any event of default under any loan due and owing to Lender by Borrower, at any time, shall constitute en event of default under all loans due and owing to lender by Borrower. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, end upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors end assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect tho rest of [he Note. Lender may delay ar forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endcrses this Note, to the extent allowed by Vaw, 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 ba released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of timel 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; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender 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. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT I10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS {$500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITV, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION pR BORROWER HAS BEEN REPRESENTED BY VNDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE. BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT VS INTENDED THAT THUS N07E IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: MODERN' ININ~~JOVATIVE PROPERTIES, LLC By:~ITC `lJ ~c~fyl~ ISeali Tod M. Reynolds Member of Modern Innovative Properties, LLC Signed, acknowledged and delivered in the presence of: ~/~~~ r X ~.. ` ~f' 1 1.t~~ Witness Witness XK~IT Br E ~~ '~ ~~~,~ INST#: 20080021642 Recorded: 06/10/2008 at 10:24:45 AM 20 PAGES JAMES M. ZUGAY, RECORDER OF DEEDS, DAUPHIN COUNTY, PA. RECORDED BY DEPUT7r CLERK: CMECK Parcel Identification Number: 13-016-006 and 11-013-042 RECORDATION REQUESTEQ BY: Fulton Bank Progress Avenue Office Ona Penn Square Corporate Address Lancaster, PA 17602 WHEN RECOROEO MAIL T0: Fulton Bank Collateral 169b State Street £ast Petersburg, PA 17520 D `~ FOR RECORDER'S USE ONLY 00001-9709120-900100040031057• OPEN -END MORTGAGE AND SECURITY AGREEMENT /This instrument is an open-end mortgage and secures future advances pursuant to 42 Pa. C.S. §§ 8143 and 8144, Act No. 126 of 199Q1 MAXIMUM LIEN. The unpaid principal balance of edvancas exclusive of interest and unpaid balances of edvancas and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises she[! not exceed at any one time 8145, 000.00. Amount Secured Hereby: 5145,000.00 ~ THIS MORTGAGE dated May 29. 2008, ~s made and executed between Modern Innovative Properties, LLC, whose address is 3i6 South High Street, Mechanicsburg. PA 17050 (referred to below as "Grantor"1 and Fulton Bank, whoaa address is One Pann Square, Corporate Address, Lancaster, PA 17602 (referred to below as "Lander"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, end 1 INSTRUMENT #: 20080021642 PAGE 2 OF 20 MORTGAGE Loan No: 0001-9709120-9001 {Coritinued~ Page 2 interest in and to the tollowing described real property, together with a!I existing or subsequently erected or affixed buildings, improvements and fixtures; aft streets, lanes, alleys, passages, and ways; ail easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights iincluding stock in utilities with ditch or irrigation rightsi; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, {the "Real Property"I located in Dauphin County, Commonwealth of Pennsylvania: See the exhibit or other description document which is attached to this Mortgage and made a part of this Mortgage as if fully sat forth herein. The Real Property or its address is commorxly known as 2011 Kennsington Street, City of Harrisburg, Dauphin County, PA and 1820 Penn Street, City of Harrisburg, Dauphin County, PA. The Raal Property parcel identificeHon number is 13-016-006 and 11-013-042. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to 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 (AI PAYMENT OF THE INDEBTEDNESS AND (8} PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 5145,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform a!l of Grantor's obligations under this Mortgage. POSSESSION AND MAfNTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession end Use. Until the occurrence of an Event of Default, Grantor may (1 } remain in possession and control of the Property; f2) use, operate or manage the Property; and {3} collect the Rants Pram the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environments! Lews. 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 Praparty; {21 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, (bl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (cl any actual or threatened INSTRUMENT #: 20080021642 PAGE 3 OF 20 MORTGAGE Loan No: 0001-9709120-8001 (Cantinuedl Page 3 litigation or claims of any kind by any person relating to such metiers; and (3} Except as previously disclosed to and acknowledged by Lender in writing, (a} neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b} any such activity sfiail be conducted in compliance with alt applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environments! Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests. at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shelf bs for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor ar 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 Lander far indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) 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 from a breech 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 ar permit any nuisance nor commit, permit, or suffer any stripping of or waste en 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 party the right to rarnove, any timber, minerals {including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shalt not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to tfie removal of any improvements, Lender may require Grantor to make arrangements satisfactory to Lender io replace such Improvements with Improvements of at least aqua! value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real 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 end conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with alt laws, ordinances, and regulations, now or hereafter in affect, of all governmental authorities applicable to the use or occupancy of the Properly, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prio- io doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. INSTRUMENT #: 20080021642 PAGE 4 OF 20 MORTGAGE Loan No: 0001-9709120-9001 {Continued) Psge 4 Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do at! other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE • CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable al! sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of alt or any part of the Real Property, or any interest in the Real Property. A "sate or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether Eegal, beneficiaE or equitable: whether voluntary ar involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for dead, 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. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent f25%? of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when duo fend in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or aqua( to the interest of Lender under this Mortgage, except for those liana specifically agreed io in writing by lender, and except for the lien of taxes and assessments not due as further specified in the Rlght to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. if a lien arises ar is filed as a result of nonpayment, Grantor shalt within fifteen f151 days after the lien arises or, if a lien is filed, within fifteen f 151 days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself end Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments end shall authorize the appropriate governmental INSTRUMENT #: 20080021642 PAGE 5 OF 20 MORTGAGE Loan No: 0001-9709120-9001 (Continuedl Page 5 official to deliver to Lender at any rims 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, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, meterialmen's lien, ar other lien could be asserted on account of the work, services, or materials. Grantor will upon request ofi Lender furnish to Lender advance assurances satisfactory to Lender chat 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 and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering ell 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. Grantor shaft also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being Warned as additions! insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. 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 {30) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. £ach insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency ea 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 es otherwise required try Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lander of any lose or damage to the Property. Lender may make proof of {oss if Grantor fails to do so within fifteen { 15) days of the casualty. Whether or not Lender's security is impaired, Lander 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 Ilan affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is net in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender hea 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 halls any proceeds after payment in full of .\ INSTRUMENT #: 200$0021642 PAGE 6 OF 20 MORTGAGE Loan No: 0001-9709120900'1 {Continuedl Page s the Indebtedness, such proceeds shall be paid to Grantor es Grantor's interests may appear. Grantor's Report on insurance. Upon request of Lender, however not more than once a year, Grantor steal! furnish to Lander a report on each existing policy of insurance showing: (1) the name of the insurer; (21 the risks insured; (3) the amount of the policy; t4} the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'5 EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying alt costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will than bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. Ali such expenses will become a part of the indebtedness and, at Lender's option, will (A} be payable on demand; (B) ba added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or IC) be treated as a balloon payment which will be due end payable at the Note's maturity. The Mortgage also will secure payment of these amounts, Such right shall be in addition to alt other rights and remedies to which Lender may be entitled upon Default. 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: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of al) liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor ot, and accepted by, Lander in connection with this Mortgage, and tb) 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 wilt forever defend the title to the Property against the lawful claims of all persons. to 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 expanse. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented 'rn 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 INSTRUMENT #: 20080021642 PAGE 7 OF 20 MORTGAGE Loan No: 0001-8709120-9001 (Continued) Paga 7 governmental authorities. Survival of Representations and Warrantlea. All representations, warranties, and agreements made by Grantor 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 Grantor's Indebtedness shall be paid in fuN. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Praceodinga. 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 as may be requested by Lender from time to time to permit such participation. Application of Nat 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, and aitorneys' fees incurred by Lander in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES SY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges ere a part of this Mortgage: Cu--ant Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requesied by Lender to perfect and continue Lender's Tien on the Rea! Property. Grantor shall reimburse Lander for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, end other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (41 a specific tax on al! or any portion of the indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same affect as an Event of Default, and Lender may exercise any or all of fts available remedies for an Event of Default a& provided below unless Grantor either (1} pays the tax before it becomes delinquent, or (2f contests the tax as provided above in the Taxes and Liens seetlon and deposits with tender cash or a sufficient corporate surety bond or other security satisfactory to Lender, INSTRI3MENT #: 20080021642 PAGE 8 OF 20 MORTGAGE Loan No: 0401-9709120-9001 (Continued) Page 8 SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Coda as amended from time to time. Security {nterest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lander may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expanses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manne- 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. Addressee. 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! era as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. Tha following provisions relating to further assurances and additional authorizations are a part of this Mortgage; Further Assurance'. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, Continue, or preserve (1i Grantor's obligations under the Note, this Mortgage, and the Related Documents, and {2) the liens and security interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Granfor shall reimburse Lender for ail costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may he necessary or desirable, in Lender's sole opinion, to accarnplish the matters referred to In the preceding paragraph. It is understood that noshing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs al! the obligations imposed upon Grantor under this Mortgage, lender shall execute and deliver INSTRUMENT #: 20080021642 PAGE 9 OF 20 MORTGAGE loan No: 0001-9709120-9001 (COntinu@d} Page 9 to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Defauh. Grantor faits 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 texas or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor faits to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lander and Grantor. Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or an 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 or becomes false or misleading ai any lime thereafter, Defective Collateralizatlon. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien} at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by o- against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of pefeult shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding end deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole diacretlon, as being an adequate reserve or bond for the dispute. INSTRUMENT #: 20080021642 PAGE 10 OF 20 MORTGAGE Loan No: OOOi-9709120-9001 iContinued) Page 10 Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness o- other obiigatian of Grantor to Lender, whether existing now or later. Events Affecting (3uerantor. Any of the preceding events occurs with respect to eny Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, eny Guaranty of the indebtedness. In the event of a death, Lender, at its option, may, but shat! not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and it Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12} months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: {1) cures the default within fifteen (15) days; or (2) if the cure requites more than fifteen (t5) 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 compliance es soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remed[es. With respect to all or any part of the Personal Praparty, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Gode. Collect Rents. Lender shat( have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Renta, 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 Renta are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the Hama 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 shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. tender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lander shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the 10 INSTRUMENT #: 20080021642 PAGE 11 OF 20 MORTGAGE Login No: 0001-9709120-9001 (Continued! Page 11 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 a receiver shall exist whether or not the apparent value of the Property exceeds the indebtedness by a substantial amount, Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign en agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Non}udicfel Sa)e. If permitted by applicable taw, Lender may foreclose Grantor's interest in all or in any part of the Persona) Property or the Rea! Property by non-Judicial sate. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the indebtedness due to Lander after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either f1j pay a reasonable rental for the use of the Property, or i2) vacate the Property immediately upon the demand of Lender. Otter Remad}es. Lender shall have ail other rights and remedies provided in this Mortgage or the Nota or available at law or in equity. Sala of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lander shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. kotice of Sala. Lander shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the lima after which any private sale or other intended disposition of the Personal Property is to be made. finless otherwise required by applicable law, reasonable notice shall mean notice given at least ten t 10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. 11 INSTJ2LJMENT #: 20060021642 PAGE 12 OF 20 MORTGAGE Loan No: 0001-9709120-9001 {Continued) Page 12 Election of Remed'rea. Election by Lander to pursue any remedy shall not exclude pursuit of eny other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be const+ued so as to limit or restrict the rights and remedies availab{e to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and(or against eny other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness, Attorneys' Pees; Expenses, If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shat! ba entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial end 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. Expanses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' teas and Lender's legal expanses, 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 injunction), appeals, and eny anticipated post-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 all 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 shaii be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as firer class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Afl copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C,S.A. Section 8143, et. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by appiicable law, if there is more than one Grantor, any notice given by Lander to any Grantor is deemed to be notice given to all Grantors. ADVANCE MONEY MORTGAGE. IAI This Mortgage secures future advances made pursuant to the Note or Related Documents. Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks of any kind or nature described in 42 Pa. C.S.A. § 8144. {i3) If Grantor sends a written notice to Lender which purports to limit the indebtedness secured by this Mortgage and to release the obligation of Lender to make any additional advances to or for the benefit of Grantor, such a notice shelf be ineffective as to any future advances made: (i) to enable completion of the improvements on the Real Property for which the loan secured hereby was originally made; {2) to pay taxes, assessments, maintenance INSTRUMENT #: 20080021642 PAGE 13 OF 20 MORTGAGE Loan No: 0001-9709120-9001 (Continued} Page 13 charges and insurance premiums; i31 for costs incurred for the protection of the Property or the lien of this Mortgage; {4j on account of expenses incurred by Lender by reason of a default of Grantor hereunder or under the Related Documents or under the Noto; and {5- on account of any other costs incurred by Lender io protect and preserve the Property or the lien of this Mortgage. It is the intention of the parties hereto that any such advance made by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be affective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lander, upon request, a certified statement of net operating income received from the Property during Grantor's previous tiscal year in such form and detail as Lender shall require, "Net operating income" shall mean ell cash receipts from the Property lass all cash expenditures made in connection with the operation of the Properly. Caption Headings. Caption headings in this Mortgage era for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will ba governed by federal few applicable to Lende- and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania wlMout regard to Rs conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No daisy or omission on the part of Lender in exercising any right shah operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall nat constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Sevarability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable ea to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable es to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable, If the offending provision cannot be so modified, it shalt be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceabiiity of any provision of this Mortgage shall not affect the legality, validity or 13 INSTRUMENT #: 20080021642 PAGE 14 OF 20 MORTGAGE Loan No: 0001-9709120-9001 iCOntinuedJ Page 14 enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, end assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any Jury trial in any action, proceeding, or counterclaim brought by any party against any other party. pEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically slated to the contrary, all references to dollar amounts shah mean amounts in lawful money of the United States of America. Words and terms used in the singular shalt include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Bo-rower. The word "Borrower" means Modern Innovative Properties, LLC and includes all co-signers and co-makers signing the Note and alt their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and a!1 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 9601, et seq. ("CERCLA"l, the Superfund Amendments end Reauthorization Act of 1986, Pub. L. No. 99-499 f"SARA"f, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Modern Innovative Properties, LLC. Guarantor. The word "Guarantor" means any guarantor, surety, ar accommodation party of any or elf of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their vary broadest 14 1~ INSTR[TMENT # : 20080021642 PAGE 15 OF 20 MORTGAGE Loan No: 0001-8709120-9001 (COtltltlued) Paga 15 sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "lmprovements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Irtdebtadneas. 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 far the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means Fulton Bank, its successors and assigns. Mortgage. The ward "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated May 29, 20013, in the original principal amount of S 145,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO fa'RANTOR: THE NOTE CONTAINS A VAAlABLE 1NTEAEST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and ell substitutions for, any of such properly; and together with all proceeds ((ncfuding without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. Tha word "Property" means collectively the Real Property and the Personal Property. Real Proporty. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean ell 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 existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. INSTRUMENT #: 20080021642 PAGE 16 OF 20 MORTGAGE Loan No: 0001-9709920-9001 1Contirlued) Page 16 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE iS AND SHALL CONSTITUTE AND HAVE THE EI=FECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR; MODERN INNOV/A~TIVE PRO~PEQRTIE~Sn, LLC By: ,~ rrt KO,t~,,rJ~~, r '~i~/ ISeaq Tod M. Reyn ds, Member of Modern Innovative Properties, LLC Signed, acknowledged and delivered in the presence of; Witness X e98 CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Fulton Bank, herein is as follows: Progress Avenue Ofnce, One Penn Square. Corporate Address, Lancaster. PA 17602 tcC ~~; Attorney or Agent for Mortgages INSTRUMENT #: 20080022642 PAGE 17 OF 20 MORTGAGE Roan No: 0001-9709120.9001 (CoRienued) Page 17 L!MlTED LIABILITY COMPANY ACKNOWLEDGMENT COMMONWEALTH OF PENNSYRVANIA 1 1 SS COUNTY OF rl_r~ ['-~~- 1 On this, the dey of 20 ~_, before me ~yf:P ~• fYl~+r JGL ,the undersigned Not ry Public, personally appeared Tod M. Reynolds, Member of Modem Innovative Properties, LLC, who acknowledged himself or herself to be the member or designated agent of Modern Innovative Properties, LLC, a Limited Liability Company, and that ha or she as such a member or designated agent, being authorized to do so, executed the foregoing instrument for the purposes iherein contained by signing the name of the limited Liability Company by himself or herself as a member or designated agent. In witness whereof, I hereunto set my hand and official seal. ~ COMMONWEAt7M OF PENNSYLVANIA `T'el ~"4 ~ "'~ NotanalSeai Notar Public in and for the State of ) Kane A Martin, Notary Public y ~ Rapno Twp.. L AnCSSt2r County My Commission Expires Sept. 77, 2010 Member, Pennsylvania Atsoolatlon of Notarise ea r v., a .•r..w.r ..w w.. r. , •. e.....~ . •. rn . INSTRUMENT #: 20080021642 PAGE 18 OF 20 ALL THAT CERTAIN tot or piece of Land situate in the City of Harrisburg, Gounty of Dauphin, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point an the southern tine of Kensington Street, ntnety-five (95}feet, more or less, eastwardly from, the southeast corner of Kensington and 20th Streets, at line of property no. 2009 Kensington Street, thence southwardly along said line through the center of partition wall, one hundred (100) feet, nine (9) 'ruches to Central Avenue; thence eastwardly along said avenue, fifteen (15) feet, more or less, to line of property no. 2013 Kensington Street; thence northwardty along said line through the center of an alley-way to be used in common with owners and occupiers of premises nos. 2011 and 2013 Kensington Street, one hundred (100) feet, nine (9) inches to Kensington Street thence westwardly along less, to the place of BEGINNING. HAVING THEREC}N ERECTED a brick dwelling house no. 2011 Kensington Street. (ST08-015S.PF DlST08-0155/27) L iJ James M. Zugay, Esq. q' Recorder of Deeds ~ (717) 780-6560 :~~~ ~, r Candace E. Meck , y ~~ '~ ~~ -•' ~'" Imo, Frrst Deputy Recorder of Deeds Harrisburg Pennsylvania CERTIFIED END PAGE INSTRUMENT # 20080021842 RECORD DATE: $11 Of200810 24.45 Alv1 RECORDED BY: CMECVC DOC TYPE: MTG AGENT: SELECT TRANSFER DIRECT NAME: MODERN INNOVATIVE PROPERTIES, LLC INDIRECT NAME: RECORDING FEES -State: $0.50 RECORDING FEES -County: $13.00 ACT 8 OF 1998: $5 00 ADDITIONAL NAME FEE: S30 QO LOCQ1(OA: Dauphin County Courthouse Room 102 Front & Mazket Streets Harrisburg PA 17101 AOPC: $10.00 AFFORDABLE HOUSING $13.00 Parcel ID I Certify This Document To Bc Raordcd to Dauphin County, Pennsylvania. ~!°~ ~~./~ James M Zugay, Recorder of Deeds 'ti.r THIS IS A CERTIFICATION PAGE PLEASE DO NOT DETACH THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT EXHIBIT C ~ ~ ~y~ ~;~ (717) 2ss-7ss1 May 4, 2009 Tod M. Reynolds, Member Modern Innovative Properties, LLC 316 S High St. Mechanicsburg PA 170s0 RE: Commercial Mortgage Loan -Account #9709120-9001 TO: Mr. Reynolds, NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Fulton Bank, (hereinafter we, us or ours) on your properties located at 2011 Kensington Street Harrisburg PA, and 1820 Penn Street, Harrisburg PA 174102, IS IN SERIOUS DEFAULT because you have not made monthly interest~ayments totaling $806 66 plus late chazees of $42.23, totaline $848.89. You may cure this default within THIRTY (30) DAYS of the date of this letter by pavine to us the above amount of $848 89 plus any additional monthlypavments or late charges which become due durine the thirty (30) DAY PERIOD if this payment is not made. Such payment must be made either by cash, cashier's check, certified check or money order and made at the Special Asset Department at Fulton Bank, P.O. Box 4887, Lancaster, Pennsylvania 17604. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the morteaee ~ayments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortg ged.,proRerty If the mortgage is foreclosed your morteaeed nroneriy will be sold by the Sheriff to nay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begm legal proceedmgs against you, you will still have to pay the reasonable attomey's fees, actually incurred, up to $50.00. However, if legal proceedings aze started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty dayperiod~you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Such suit against you personally may also result in your mortgage being foreclosed and your mortgaged property being sold at Sheriffs sale. If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and sale of your mortgaged property, you have the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure. NOTICE OF INTENTION TO FORECLOSE MORTGAGE January 28, 2010 Modern Innovative Properties LLC Page 2 If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriffs foreclosure sale. You may do so bypayinQ the total amount of the unpaid monthlypayments plus anv late or other charees then due, as well_ as the reasonable attorney's fees and costs connected with the foreclosure sale and perform anv other requirements under the mortea~e. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately six months from the date of this letter . 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 fmd out at any time exactly what the required payment will be by calling us at the following number: Area Code 717/291-717-255-7581. This payment must be in cash, cashiers check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end 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 rights to help protect your interests in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, Jennifer Forester Loan Workout Officer SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard VV Stewart Solicitor Fulton Bank, NA vs. Modern Innovative Properties, LLC Case Number 2010-6323 SHERIFF'S RETURN OF SERVICE 11/05/2010 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: Modern Innovative Properties, LLC, but was unable to locate them in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Modern Innovative Properties, LLC. Request for service at 316 S, High Street, Mechanicsburg, PA 17050 is vacant. The Mechanicsburg Postmaster has confirmed a Forwarding Order under "Reynolds" for this location to a new address of P.O. BOX 135, Mapleton Depot, PA 17052. SHERIFF COST: $42.00 SO ANSWERS, November 05, 2010 RONNY?R ANDERSON', SHERIFF c Crun vSWO Sheri, ieleoso't. ins. ®' 2010-6323 BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 Keith Mooney, Esquire Court I.D. No. 74001 126 E. King Street Lancaster, PA 17602 717.299.5201 FILED-DFP;CL- 2110 DEC 21 PH 2: 28 CUMBERLAND COUI'd j, y PENNSYLVANIA Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff V. MODERN INNOVATIVE PROPERTIES, LLC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 2010-6323 Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. BARLEY SNYDER LLC Scott F. Landis, Esquire Keith Mooney, Esquire Attorneys for Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank Court I.D. No. 69798 Court I.D. No. 74001 126 E. King Street Lancaster, PA 17602 717.299.5201 30890981 s a P-0?4 u -7 2010-6323 F'1?0TH 0N0TAi 2; 11KAR23 AN I1:Ua CUMBERLAND CONTY PENNSYLVANIA BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff V. MODERN INNOVATIVE PROPERTIES, LLC. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 2010-6323 PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank and against Defendant, Modern Innovative Properties LLC. for want of an answer. (X) Assess damages as follows: Principal Balance Interest through 04/05/10 at a rate of $16.73 per diem Late Charges Legal Fees/ Costs Incurred To Date Prepayment Penalty Mortgage Sat Fees Attorney Fees Total 31604331 $89,225.34 15,546.02 1,166.76 193.30 1,784.51 52.00 3,000.00 $110,967.93 Cf,i(- zl7t,19 R:iy-as to 17 A,,7 f 2010-6323 plus continuing interest after April 5, 2010 at a rate of $16.73 per diem, plus continuing late charges, attorneys' fees and costs. (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( ) Pursuant to Pa. R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa. R.C.P. 237. 1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: BARLEY SNYDER LLC By: Sc'Oft F. Landis, Es uire Court I.D. No. 69798 Attorneys for Plaintiff 126 E. King Street Lancaster, PA 17603 717.299.5201 NOW, \ , 0 LVCV\ 3 , 2011, JUDGMENT IS ENTERED AS ABOVE. Prothonotary/Clerk, Civil Division By: , Deputy 31604331 2010-6323 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: Modern Innovative Properties LLC. 694 Main Street Apt. B Mapleton Depot, Pennsylvania 17052 YOU ARE HEREBY NOTIFIED that Fulton Bank, N.A., formerly known as Fulton Bank has caused a judgment by default to be entered against you with the Prothonotary of Cumberland County. The judgment was entered on MIXY(A aS, )t J / _, to No. 2010- 6323 with the Court of Common Pleas of Cumberland County - Civil Division. The judgment is in the amount of $110,967.93, plus continuing interest after April 5, 2010 at a rate of $16.73 per diem, plus continuing late charges, attorneys' fees and costs. PROTHONOTARY By: G De Clerk 31604331 2010-6323 BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 Keith Mooney, Esquire Court I.D. No. 74001 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff V. MODERN INNOVATIVE PROPERTIES, LLC. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 2010-6323 AFFIDAVIT OF SERVICE Kelly Cunneen, Paralegal, doth depose and say that she served a true and correct copy of the 10-Day Default Notice upon Modern Innovative Properties LLC. at 694 Main Street Apt. B, Mapleton Depot, Pennsylvania 17052 by regular mail on February 25, 2011 at 5:00 p.m. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: February 25, 2011 BARLEY SNYDER LLC By: Kelly Cunn en, Paralegal 126 East King Street Lancaster, PA 17602-2893 717.299.5201 31296121 2010-6323 BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff V. MODERN INNOVATIVE PROPERTIES, LLC. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 2010-6323 To: Modern Innovative Properties LLC. Date of Notice: February 25, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 31296121 2010-6323 YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING 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 Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 800.999.9108 BARLEY SNYDER LLC By: Scott F. Landis, Esquire Court I.D. No. 69798 Keith Mooney, Esquire Court I.D. No. 74001 Attorneys for Plaintiff 126 E. King Street Lancaster, PA 17603 717.299.5201 31296121