Loading...
HomeMy WebLinkAbout10-7851K Y? I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as No. Adams County National Bank, Plaintiff, VS. Steve Westhafer, also known as Steven E. Westhafer, and the United States of America, Defendants. Action in Mortgage Foreclosure To: Steve Westhafer, also known as Steven E. Westhafer, and the United States of America, Defendants: rim r?r r C"J a rV r1o 2 w c? Ica c> , -r7 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 61 717-249-3166 14q-`1 Huh i -7113 09# a5a 756 1 ..t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as No. Adams County National Bank, Plaintiff, VS. Steve Westhafer, also known as Steven E. Westhafer, and the United States of America, Defendants. Action in Mortgage Foreclosure To: Steve Westhafer, also known as Steven E. Westhafer, and the United States of America, Defendants: AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defendersee de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en al demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 2 I .1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as Adams County National Bank, Plaintiff, VS. Steve Westhafer, also known as Steven E. Westhafer, and the United States of America, Defendants. No. Action in Mortgage Foreclosure COMPLAINT AND NOW, this v?O-th day of December, 2010, comes the Plaintiff, ACNB Bank, formerly known as Adams County National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this action in mortgage foreclosure against Steve Westhafer, also known as Steven E. Westhafer, and the United States of America, Defendants, whereof the following is a statement: 1. The Plaintiff is ACNB Bank, formerly known as Adams County National Bank, Mortgagee, a national banking corporation organized and existing under the laws of Congress relating to national banks, with its main office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania 17325. 2. The Defendant is Steve Westhafer, also known as Steven E. Westhafer, an adult individual who resides at 71 Silver Crown Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3 3. Defendant, Steve Westhafer, also known as Steven E. Westhafer, is not in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act of 2005, 50 App. U.S.C.A. § 501 et seq. 4. The United States of America is named party defendant, pursuant to the provisions of 28 U.S.C.A. §2410. The United States of America claims liens on the property herein sought to be foreclosed, initiated by the filing of the following Notices of Federal Tax Liens: (A) Notice of Federal Tax Lien No. 2008-00035, naming Steve E. Westhafer as taxpayer, filed on January 3, 2008, in the office of the Prothonotary of Cumberland County, Pennsylvania, in the amount of $9,940.91, (a copy of said Federal Tax Lien is attached hereto and marked Exhibit "A"). (B) Notice of Federal Tax Lien No. 2008-04601, naming Steve E. Westhafer as taxpayer, filed on July 31, 2008, in the office of the Prothonotary of Cumberland County, Pennsylvania, in the amount of $89,516.58, (a copy of said Federal Tax Lien is attached hereto and marked Exhibit `B"). 5. On February 25, 2004, the Defendant, made, executed and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1855 at page 1924, a copy of said mortgage being attached hereto and marked as Exhibit "C" and incorporated herein by reference. 6. The mortgage secures Defendant's note dated February 25, 2004, in the amount of $911,294.00, payable to Plaintiff in monthly installments with interest adjusted as per terms of the note, a copy of which is attached hereto as Exhibit "D" and incorporated herein by reference. 4 7. Said mortgage has not been assigned. 8. The real estate is described as follows: Property Address: 71 Silver Crown Drive, Mechanicsburg, PA 17055 Tax Map and Parcel No. 38-15-1277-034 ALL that certain tract of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Silver Crown Drive at the dividing line between Lots Nos. 5 and 6 on the hereinafter mentioned Plan of Lots; thence along the southern side of Silver Crown Drive, South 87 degrees 13 minutes East, a distance of one hundred (100) feet to the dividing line between Lots Nos. 4 and 5 on the hereinafter mentioned Plan; thence along said dividing line, South 02 degrees 47 minutes West, a distance of two hundred twenty-two and seventy-eight hundredths (222.78) feet to a point; thence South 85 degrees 14 minutes West, a distance of one hundred and eight hundred seventy-five thousands (100.875) feet to a point at the dividing line between Lots Nos. 5 and 6 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 02 degrees 47 minutes East, a distance of two hundred thirty-four and three hundredths (234.03) feet to the southern side of Silver Crown Drive at the point or place of BEGINNING. BEING Lot No. 5 on the Plan of Bali Hai, Section 2, as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 64. BEING the same premises which Albert T. Thompson and Audrey L. Thompson, his wife, by deed dated October 6, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book C, Volume 28, Page 102, granted and conveyed unto Steve Westhafer. 9. Said mortgage is in default because the payments of principal and interest, which have become due and payable on September 25, 2010, and on the 25th day of each month thereafter, remain due and unpaid. By the terms of said mortgage and at the option of Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable. 5 10. The present owner of the real estate is the Defendant, Steve Westhafer, also known as Steven E. Westhafer. 11. By reason of the aforesaid default, the following amounts are due in accordance with the terms of the mortgage: (a) Balance of unpaid principal (b) Interest from 11/ 13/10 to 12/16/10 (Plus $137.70 per diem thereafter) (c) Late charges to 12/16/10 (Plus $218.32 per month thereafter) (d) Other fees (e) Attorney's fees (estimated through completion of foreclosure, at a rate of $195.00 per hour) TOTAL $804,177.19 $ 7,188.29 $ 2,390.40 $ 2,344.95 $ 3,500.00 $819,600.83 12. The attorney's commissions set forth above are in conformity with the mortgage documents and Pennsylvania law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sheriff's Sale, reasonable attorney's fees will be charged based upon legal work actually performed. 13. The Combined Notice of Delinquency, which satisfies the requirements of the Notice of Intention to Foreclose pursuant to Act 6 of 1974 (41 P.S. §403) and the Notice of Homeowners' Emergency Mortgage Assistance pursuant to Act 91 of 1983 (35 P.S. §1680.401c), as amended, has been sent to Defendant by first-class mail, postage prepaid, and by certified mail, return receipt requested. Copy of the Combined Notice of Delinquency sent to Defendant is attached hereto and marked as Exhibit "E" and incorporated herein by reference. The Notices sent by certified mail were returned by the United States Postal Service marked "unclaimed". The certified mail envelope addressed to the Defendant is attached hereto and marked Exhibit "F". Said envelope is incorporated herein by reference. 6 The U.S. Postal Service Track and Confirm pages are attached hereto, incorporated herein, and marked as Exhibit "G". WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the sum of $819,600.83, plus interest from December 17, 2010, at a per diem of $137.70, additional late charges, costs of suit, and other charges collectible under the terms of the mortgage; for the foreclosure and sale of the mortgaged property; and for other relief as the Court deems appropriate. Plaintiff also demands judgment against the United States of America for the purpose of divesting the tax liens held by such Defendant. Respectfully submitted: PURL, EASTMAN & THRASHER By: Edward G. Puhl, Esquire Attorney ID Number 55709 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 7 STATE OF PENNSYLVANIA, COUNTY OF ADAMS Susan M. Saylor, being duly sworn according to law, does depose and say that she is the Assistant Vice President, Collections, of ACNB Bank, formerly known as Adams County National Bank, and that the facts set forth in the foregoing complaint are true and correct to the best of her knowledge, information and belief. usanM. Saylor Sworn to and subscribed before me this 14pt?' day of Dace-enbv- , 2010. GIGtAL.c< Notary Public COMMONWEALTH of PENNSYLVANIA Notarial Seal Lasts R GftW Notary Public My commission expires: G*AbLnB= Adams County My Cmvft m E*W a Oct. 23.2011 Mambar, Pannoylvanis Association of Notaries 8 5??0 OSO tit ??r S y . • ? • 1?Ir • •? Y .«? yy ? •`• r,f?.1?'?5?? ? A rw•?.r. w_? ? ? Jy (cif 3 s :1?# p 40i ?SS O=iit I of al - i ? iis#i ?i? a=l?lrsL mt i• •= 3 a .y _ Obi+?#O ? a S•'M ?«?t i?#i?##?D??#`? ! ?p?? z t• ?« x a , a !• a4F 7? y i? i9 #i 46 ??MY ? i? ? ? ? « ? L L LL L? • • L • i ?'? .T?x i • ? =.•.i ??•.?????i??. ? ?«c ? ` ??? ??a y•i w ? s ???lli'.S? .Z?.'i3?.iS? •?i?` 7 5 '.1 .i• viwifill ? ?wii ai!r «i? r•.` •? .•rw std 5D •sw :lan 2 ??< ??s?N :,aSSSS«SSS c S ?•??. ??> ss . :I1 «• i a ?, ' V ? • ? ? #r w! Y Y a1? F ?; t +?{` w « _ « «-- r « SiSi i r V « •w ?a?r??r•: O.Ye' .•Y. .w.ia¦s Y1.•s?+6ww!~ iLr??•??.i .i`; F#` a«,: M J ! ? J Y ! O ! ? J ? ? M ? M M t S Y Y ¦ \ \ w ! ? J i O ? ? ? F « ? r r r .. ? ? .I r r .. ? r ? . Y . « ¦ i ? v • • • .1 • Y J L • • w « • y it .•. ???777 +e¦¦is i.•. ? •e!?ii i??=~si? ?w iw 111•... L ?3 # r \yrr• y•71Mit-it ?r « 31 Oi s;? Y i?i?0 l??#?l S??ZliO#ir? •O•i`• i O RA L. ?D??i i i? I!y¦?/¦}yi t.r1A?? ?? «~? ? i ? As• s ?! ii isf, • `{ w M s : ~ M Nu I L 40 Y w #wOE•« w•.1 Yr YY~a'VJY r«ab! All J t i y1: N? ? y w YM•?+r? ?~? F • M ? i L.•+li ??.: M ]] w . 11 • • IV L • L\ M? L? a? Y s•? ? « w N w r • w i ai tel., ? • w L w w L • M « ? L V y -J H _ wV ii w •? b L V i«=s '?Oi w • W i 7 .?• = W S? 1V7 is 3i 4w lY1MOyai •(?? .1?1?' O? Vl • M3 • ? • ? • ? 1 ? ?y ? S i • 7? ? 'y w ? ? r ? ? Y ? .1 y J w J w`` Y J `• J? J J c• J M r b r J • J M J MY Y Y / M ?. J V ?r i i O• i • _T "A" Page 1 Of 2 Department of the Treasury - Internal Revenue Service Fens 6u nx?? Nodce of FedN Tax Lien (Rev. F.wu.ry zowa 76. Og 3S F7L- Area: Serial Number FOr w Ua ° !12 2''di00 Ofts SMALL BUSIMBS/SELF EMPLOYED ARIA #2 h U a ?9 o,D en LWt P one: (800) 913-6050 410602207 As prooMs by sscd m 6321, 6322, sad 6343 of do h amiW Re?rauua C1t /9 yI Coda, we an *b g a uotka that tapes (laftd off Isim Mt ahd pall Wog) bm boon assessed aif hint do %no?arbe Named taspaflor. We hm uuule a dehuend for psyhuo t of dds - l frty, beet It ro mW u qmK Than hwq, dtero k a N b husr of d w Ua1ad states on err property and nights to C o peowty beMo/lad to this emgwer for dw anhovot of diese ames, amd m addltienal I - W"as, hroerep, and cops that may accrue. n M x Name of Taxpayer ITIM B THAFBR - w c Residence 71 SILVER CROWN DR 2 6 r MECHANICSBURG, PA 17050-1638 z ROMA1IT RgLEM WFONKA110M Far each assasemant Iletsd below, unless notice of the Nan is refNed by the dab given in cokann (el, this notion shag, on the day following such date, operate as a certifbste of release as deflrrod In IAC 6326(a). T Lo t ??d Kind of Tax Ides Number A ? l s w Aao a C (a) M 1040 12/31/2004 XXX-XX-2265 04/02/2007 OS/02/2017 9940.91 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 Total J$ 9940.91 This notice was prepared and signed at the Signature {? ry. Title 'J REVENUE OFFICER 22-06-1442 for DAVID K. SHROYER (717) 777-9625 x1320 (MOM Cerdacata of offtw sud,orlaed by law to take ecknow%dpram Is not aserdW to the v0dhy of Notloa of Federal Tax Non Rev. Rue. 71-486,1971 - 2 C.B. 409) Fm 1 - K"t W Seowtatg Cllke FOn" Xe) IRw. 2-20041 cnr. NO 80o26x ET'f' "A" PACE 2 of 2 DETROIT, KI 19th day of December 2007 , on this, • 3 ?r . s • « ; ` x a SSO Ili hill HIS .3 • • .•?F .l .•j L • jjj SO.,S sZS vS a L ; « •j z.? .1 7 w YS % « rr ,?Yrw 3•.s t•? 2iFF. ?E i «Ss_.? mo=w •Jer ?"a; ==?t.? ? ac .r'?S SScm: ? rr c S ilsY•:. S r'`j wJ?ae J sgr? rEl! a .iia ' « M.. w° L s r?+.a w fi wr w3E i uu?i «q?s? _ s#s #y s¦yypptlr ?? Lr!! w.._ ? ? F L. ?: ? ??E? ??r:w v ?°.« °i.??~ ?Y=yy?D??II+i??F???iiII??IIiiF•??? «L ? :w •Eiw ???r?r.ir a.•i?i.•. _`.i?? ??u j: ?:»?•«.i? Y .=b?3=3?.3yt:««w w r ! Y Y w Y wtrw r «r M :_ ,•j r ? IDYLL I ` rJe_J?t•:?J a ?a ?a ?:,;:..::.?r,:: .a LF ? ?? .___?3 . . . r A ss. ` r • S Y 1', ~s • • " **? e.. r ` r 3 I V yii W r ? ? S w S Y . E F ? • • Z - ? L S ? ` ? ? . • / Y ? Y ? • F ? F M 1 ? w O? ? ? ? ? • • ?? r 117 ? w ? w? M • M • rY •Er ? r? • • -4 L. 323 1 K SC ? Al w f r s w _.... -- w w n w - ww?r Lei srH:!C$$13sc$.a t.? "2•j!S Q a L?;=?? :??a?? ?x •?`•ak!? 't?Z;". ? :r?s.::i??ra.:i.~.'s / ? Y ww?aa ? 7 ? ? L , ? • L V M .? O .1 i ? • Y ? w E ? \ • S • ~ w w •w .. YIrYY Y•.M •i•tY. W • Ac 16 _ « 3? u? • i . •?iw a ?A1 • n rr?? ? LL. IY • 10, N -I .a x x « • •i •: 3 : ?a: W .r rye , y.lr H O ! 3 • • •r ?n kin •: ?w'=:i .i? ?!!•V H W W ra ~t L' us A & 4L 'All _ O M1 Y i Y i i Y M M a N y Z F M y N M: • w w? E o} w l• r• J M» Y i• a. w • i V . r e i ?i L •? is ew is i • i??i ,?" ? ? ??. `? ?'? w .s? .a .; .? . .. . A j 1•°I J .°•? Y J. J f w. J .. .. A r J. YY J j«" R r NB" Page 1 of 2 6152 Fo 6" (YXc) Department of the Treasury - Internal Revenue Service Mv. Fobn,w 20041 No" of Fed" Tex Lies 7L-,60. 4L.01 O:rTL Area: Serial Number For Qvd ofmd Un by Ro wnlhw Office • BMRLL BUSnIESS/BBLY OGWYED AM #2 ./Q ov " Lien Unit Phone: (800) 913-6050 458434608 'k- r - As pr -M- by sacdon 6321, 6322, and 6323 of die ir4ornal flnfowo CIO, .2 c7? C o d e , w a an # A i g a n * " dmt t m = (i dwft UrlsarNt and penakiei) law reed nnmd apbK tie foiottdngwtfaiod taowsm. We hairs trade /Qir,. .?/.2 y13 a dwumd for pgpmn t of dtk W1rky, but k M , Wood. TkIn/om dwre k a In w bwr of tM iitkod Stela: On A pmopeety and ibbb to pfropa * bdowht to t* taapow for dw anoatt of don taxes, and o addidmd puWMa, io waw, and coots that may mxrow ° o ?7l : Name of Taxpayer 3 . r l r* C T Mr- J.:. -Orr. w Residence 71 S ILVBR CROWN DR NECHA1?1ICSBMG, PA 17050-1638 TAIfi' RELEASE RUMMA TMN: For arch assessment NNW below. am tic of the Wen is .9 by the date given in coltmn (e), this otice shah, E onthe ay klowhV such date, operate as a certificate of rviesse as donned 320(81. . 8 raw T Kind of Taos Endlg Ids Bonn Aisamno Roip 0- F a t a 1040 12/31/2005 XXX-XX-2265 04/14/2008 05/14/2018 89516.58 Place of Filing Prothonotary Cumberland County Total $ 89516.58 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI . . on this, the 22nd dally of July 2008 Signature A. OFFICER 22-06-1442 for DAVID M. SHROYER (717) 777-9625 x1320 (MOTEL CwditM of of im a*M1=d by low to take eckrww%domem 1s not.i dal to the vsM v of Wotice of Fodws! Tex Men Rev. Rd. 71-486, 1971 - 2 0.6.109) Form 669Mc) (Rev. 2-20041 rW9 i -Wag ft rtrat 8 0111M CAT. NO e0025X 'NB" Page 2 of 2 v R3DERT P. `IEGLER .-;"RDE;; Or-- DEEDS F?),--R AND COUNTY--? FLa 27 PM 3 29 Commonwealth of Pennsylvania Space Above This Line For Recording Data OPEN-END MORTGAGE This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is .FEBRUARY 25 2004 and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: STEVE WESTHAFER 71 SILVER CROWN DRIVE MECHANICSBURG PA 17055 ? If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: ADAMS COUNTY NATIONAL BANK PO BOX 3129 GETTYSBURG PA 17325 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys. and mortgages to Lender the following described property: SEE ATTACHED LEGAL DESCRIPTION The property is located in ........ UMBERLAND ................................ at .................................... (County) 71 SILVER CROWN DRIVE ...MECHANICSBURG 17055 .................... (Address) (City) Pennsylvania . (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments trade to crop producers, all water and riparian rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAMIUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ ..... 11 2 9 4 : 0 0 .............. . This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. PENNSYLVANIA • AGRICULTURAt1COMMERCIAL MORTGAGE (NOT FOR FNMA, FHLMC. FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) (page 1 of 10) EJC ® 1994 Bankers Syateme, k?ic., St. 31d, MN Form AO/C0.MTG-PA 7/19/2000 ---4?6410 EDIT "C" Page 1 of it c/ nKI855PG1924 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) BORROWER: WESTY'S VILLAGE INC LOAN AMOUNT: $ 911,294.00 INTEREST RATE: 6.000 % MATURITY DATE: 02/25/2024 B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the ri&ht to grant, bargain, convey, sell, and mort age the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor s payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 01994 Bankers Systems, lnc., St 8oud, MN Form AG/CO-MTG-PA 7/1912000 J ? J (page 2 of 10) EDIT "C" Page 2 of 11 Ut f 19' 5 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if. A. A beneficial interest in Mortgagor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity. C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Mortgagor makes to Lender the following warranties and representations which shall continue as long as the Secured Debt remains outstanding: A. Mortgagor is duly organized and validly existing in Mortgagor's state of incorporation or organization. Mortgagor is in good standing in all states in which Mortgagor transacts business. Mortgagor has the power and authority to own the Property and to- carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Mortgagor operates. B. The execution, delivery and performance of this Security Instrument by Mortgagor and the obligations evidenced by the Secured Debt are within the power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than previously disclosed in writing to Lender, Mortgagor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor shall not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. fPage 3 of 10) +--,415& % 01994 Bankers Systems g , -, St. J", MN F. AG/CO-MTG-PA 7119/2000 t!?-! rtr3rr °C" Page 3 of 11 vu 16:5:5PG1.92.6. 13. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor grants, bargains, and conveys to Lender as additional security all the right, title and interest in and to any and all: A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases"). B. Rents, issues and profits (all referred to as "Rents"), including but not limited to security deposits, minimum rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property. In the event any item listed as Leases or Rents is determined to be personal property, this Security Instrument will also be regarded as a security agreement. Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Except for one lease period's rent, Mortgagor will not collect in advance any future Rents without Lender's prior written consent. Upon default, Mortgagor will receive Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. Amounts collected shall be applied at Lender's discretion to payments on the Secured Debt as therein provided, to costs of managing, protecting and preserving the Property and to any other necessary related expenses including Lender's attorneys' fees and court costs. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording. However, Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all Rents due or to become due directly to Lender. On receiving the notice of default, Mortgagor will endorse and deliver to Lender any payments of Rents. Mortgagor warrants that no default exists under the Leases or any applicable landlord law. Mortgagor also agrees to maintain, and to require the tenants to comply with, the Leases and any applicable law. Mortgagor will promptly notify Lender of any noncompliance. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will obtain Lender's written authorization before Mortgagor consents to sublet, modify, cancel, or otherwise alter the Leases, to accept the surrender of the Property covered by such Leases (unless the Leases so require), or to assign, compromise or encumber the Leases or any future Rents. If Lender acts to manage, protect and preserve the Property, Lender does not assume or become liable for its maintenance, depreciation, or other losses or damages, except those due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will hold Lender harmless and indemnify Lender for any and all liability, loss or damage that Lender may incur as a consequence of the assignment under this section. 15. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property Fj(JSL;?t% O 1994 Bankers Systems, Inc., St. Cloud, MN Form AG/CO-MTG-PA 7/19/2000 1C/ (page 4 of 10) r?xRrRrr "`+" Page 4 of 11 -un i 855A 1:927 includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 16. DEFAULT. Mortgagor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fails to make payment when due; B. A breach of any term or covenant in this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Mortgagor or any person or entity obligated on the Secured Debt; D. The death, dissolution, or insolvency of, appointment of a receiver for, or application of any debtor relief law to, Mortgagor or any other person or entity obligated on the Secured Debt; E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Mortgagor's business including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 18. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance RM 7 a,? , (page 5of 10/ f ® 1994 Bankers Systems, ., St Clo d, MN F. AG/CO-MTG-PA 7119/2000 '? v! 1= NC" Page 5 of 11 8K 1855PG 1 928., means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened. release of Hazardous Substance occurs on, under or.about the Property or migrates or threatens to migrate from nearby property; or. (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all pen-nits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. 1. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security Instrument. \) (page 6 of 1OJ A1 ?/ ®1994 Bankers Systems, Inc., St. Cloud, MN Form AG/CO-MTG-PA 7/19/2000 <jr '„ El?lIBIT "C" Page 6 of 11 B{I$SSPG1929 L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 20. CONDEMNATION. Mortgagor will give Lender prompt notice of any pen din or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damagges connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 21. INSURANCE. Mortgagor agrees to maintain insurance as follows: A. Mortgagor shall keep the Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mort gagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from dams*e to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 22. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 24. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's E105E - ' 01994 Bk.. Systems,., St7CbBud, MN Fort" AG/CO-MTG-PA 7/19/2000 A-). (page 7 of 10) E1T't' "C" Page 7 of 11 BKi855PG{930 interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that lender and any party to this Security Instrument may extend, modify or make any change in the terns of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a cue will not release Mortgagor from the terns of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 25. APPLICABLE LAW; SEVERABILIT'Y; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. Any provision that appoints Lender as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). Lender, by exercising any of its rights under this Security Instrument, does so for benefit of Lender. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforcedaccording to its terns, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the-plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 26. NOTICE. Unless otherwise required by law, any notice shall be As by delivering it or by mailing it by first class mail to the ap?ropnate party's address on page 1 of this Security Instrument, or to any other address designated in wntmg. Notice to one mortgagor will be deemed to be notice to all mortgagors. 27. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. 28. WAIVER OF JURY TRIAL. To the extent not prohibited by law, Mortgagor and Lender knowingly and intentionally waive the right, which the party may have, to a trial by jury with respect to any litigation- arising from the Secured Debt, or any other agreement executed in conjunction with the Evidence of Debt and this Mortgage. Mortgagor and Leader each acknowledge that this section has either been brought to the attention of each party's legal counsel or that each party had the opportunity to do so. 29.U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security Instrument: ? Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ? Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. ? Crops; Timber; Minerals; Rents, Issues, and Profits. Mortgagor grants to Lender a security interest in all crops, timber, and minerals located on the Property as well as all rents, issues, and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental programs (all of which shall also be included in the term "Property"). ? Personal Property. Mortgagor grants to Lender a security interest in all personal property located on or connected with the Property, including all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property O 1994 Bankers Systems, ., StBCbud, MN F.I. AG/CO.MTG-PA 7/19/2000 TEA-&2 /page 8 of 101 E!r °C° PACE 8 of 11 B?{.18 5 5 F01531 Mortgagor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property (all of which shall also be included in the term "Property"). The term "personal property" specifically excludes that property described as "household goods" secured in connection with a consumer" loan-as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. ? Flling As Financing Statement. Mortgagor agrees and acknowledges that this Security instrument also suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 'of the Uniform Commercial Code. 30. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ? Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. ? Agricultural Property. Mortgagor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Mortgagor is an individual or entity allowed to own agricultural land as specified by law. Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof `.., tinder the laws of the Commonwealth of Pennsylvania. ?,, Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in-this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. Entity Name: ........................................... ..2125/2004 ..... ... . ....... .... (St') STEVE WE S THAFE (Date) Entity Name: ................................................ ........................................... 02/252004 (Signature) (Date) ............................................................. (witness) 0225/2004 ..................... .................... ............... (Signature) (Date) .......................................................... Witness) .............................................................. (Date? (witness) .................................................... (Witness)................................................... EKOL;; t% * 1994 Bankers Syst"ms, 0-R SL Cloud, MN F. AG/CG-MTG.PA 7/1912000 (page 9 Of 101 ?tt ., 3 urrRrr "C" Page 9 of 11 5 5 PG 19 *2 ACKNOWLEDGIVI M: COMMONWEALTH OF P.enrisylvani.a ........., COUNTY OFCumberLz nd ............. ) ss. On this, the ....25t1i..... day ofEebrua c,..200A.:.., before me lYar>cy..L,..Axst l irit~.., the undersigned officer, personally appeared .........St??!'. w?Sh?£ttl; ............................ ........................................................:......., known to me' (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged that he/she executed the sate for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. My commission expires: (Seao COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nancy L. Sistlim, Notary Public Hw9den Twp., Cwterland County My 10mvissiort E qww Sept. 8.2007 Member, Pennsylvania Association Of Notaries NOTARY PUBLIC. Title of Officer r, `' COMMONWEALTH OF .... COUNTY OF .. On this, the day of ....:......................... before me o? > the undersigned officer, personally appeared ................................................. ............................................................... who acknowledged himself/hers ............................... of .................................................................................... .......................... and that he/she as such ................................................................ being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the ................................... by ........................................... as ..................................................................................................................... . In witness whereof, I hereunto set my hand and official seal. My commission expires: (Sean ........................................................... Title of Officer it is hereby certified that the address of the Lender within named is: .................................................. ADAMS COUNTY NATIONAL. BANK PO BOX. 3129 GET!'YSBURG.PA.17325 ........... ........................... 7 l E;(t5 b6 01994 ft*ws Systems, Inc., S4 Cloud. MN Form AO/CO-MTO-PA 7/1912000 /Page 10 of 10) ] 1 ][T "C" Page 10 of 11 BKI855PG!933 •y Legal Description ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Silver Crown Drive at the dividing line between Lots Nos. 5 and 6 on the hereinafter mentioned Plan of Lots; thence along the southern side of Silver Crown Drive, South 87 degrees 13 minutes East, a distance of one hundred (100) feet to the dividing line between Lots Nos. 4 and 5 on the hereinafter mentioned Plan; thence along said dividing line, South 02 degrees 47 minutes West, a distance of two hundred twenty-two and seventy-eight hundredths (222.78) feet to a point; thence South 85 degrees 14 minutes West, a distance of one hundred and eight hundred seventy-five thousands (100.875) feet to a point at the dividing line between Lots Nos. 5 and 6 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 02 degrees 47 minutes East, a distance of two hundred thirty-four and three hundredths (234.03) feet to the southern side of Silver Crown Drive at the point or place of BEGINNING BEING Lot No. 5 on the Plan of Bali Hai, Section 2, as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 64. BEING the same premises which Albert T. Thompson and Audrey L. Thompson, his wife, by deed dated October 6, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book C, Volume 28, Page 102, granted and conveyed unto Steve Westhafer. IT,; Is to be recorded J.eland County PA Recorder of Deeds BK 1: 8.5 5 PG g19:3 4 ElBIT "C" Page 11 of 11 .1 •a BORROWER'S NAME AND ADDRESS Includes each borrower above, jointly and of ADAMS COIINTY NATIONAL BAB PO BOX 3129 GETTYSBURG PA 17325 LENDER'S NAME AND ADDRESS 'You' means the lender, its successors and assigns. Loan Number Date FEBRUARY 25 2004 Maturity Date FEB. 25 . 2024 Loan Amount $ 911.294.00 Renewal Of For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of Nnnt soamam zurvaa Taovseem Two HumuED xnw"-FOUR ADD oo/Loo Dollars $ 911.294.00 ? SkVW Advance: I will receive all of this principal sum on N/A . No additional advances are contemplated under this note. ?Multlple Advance: The principal sum shown above Is the maximum amount of principal I can borrow under this note. On 02/2512004 1 will receive the amount of S and future principal advances are contemplated. Conditions: The conditions for future advances are PER CONSTRUCTION DRAW SCMM= DATED 2/25/04 ? Open End Credit: You and I agree that I may borrow up to the maximum amount of principal more than one time. This feature is subject to all other conditions and expires on N/A Closed End Croft: You and I agree that I may borrow up to the maximum only one time land subject to all other conditions). INTEREST: I agree to pay interest on the outstanding principal balance from 02/25/2004 at the rate of 6.000 % per year until NEXT RATE CHANGE DATE EiVadsbla Raw: This rate may then change as stated below. HIGHEST EASE RATE ON CORPORATE LOANS AT Index Raw: The future rate will be 1.000 IL ABOVE the following Index rate: I h1M 1LA H3Mnr czWnM COtlD?Cia?• E71?? TR_T Tit6 tr r,r. S'r'exrer' JrxteNAT_ PUBLISHES AS THE PRIM RATE. U No Index: The future rate will not be subject to any internal or external Index. It will be entirely in your control. Frequency and Tbning: The rate on this note may change as often as -- DAILY A change in the interest rate will take effect ON THE SAME DAY ? Limitations: During the term of this ban, the applicable annual Interest rate will not be more than N/A_ % or leas than N/A %. The rate may not change more than % each Effect of Variable Raw: A change in the interest rate will have the following effect on the payments: The amount of each scheduled payment will change. EiThe amount of the final payment will change. ACCRUAL METHOD: Interest will be calculated on a SIMPLE INTEREST PER ANNUM basis. POST MATURITY RATE: I agree to pay Interest on the unpaid balance of this note owing after maturity, and until paid In full, as stated below: ? on the same fixed or variable rate blisis In tf?pt fore Matures (ae I?d?atad ab at a rate equal to 3 .000 ; move t?e lug?est pttme cafe published m the Wall Street Jotunal's listing of money rates LATE CHARGE: If a payment Is made more than 015 days after it Is due, I agree to pay a late charge of _J. 000 If OF THE PAYMENT AMOUNT OR S 20.00 WHICHEVER IS GREATER ®C RETURNED CHECK CHARGE: I agree to pay a tee of $ 35.00 for each check, negotiable order of withdrawal or draft I issue in connection with this loan that Is returned because it has been dishonored. ? ADDITIONAL CHARGES: In addition to Interest, I agree to pay the following charges which ? are ?are not included In the principal amount above: PAYMENTS: I agree to pay this rote as follows: Interest: I agree to pay accrued Interest MONTHLY BEGINNING 03 /25/2004 EiPrincipal: I agree to pay the principal 1,PP ATITITTTQNAi TFRMR RFrnw ? Installments: I agree to pay this note in and will be due payments. The first payment will be in the amount of $ A payment of S will be due thereafter. The final payment of the entire unpaid balance of principal and interest will be due TO CONFES S JUDGMENT. Upon default, in addition to all other remedies and rights available to you bV signing rues the pro thonotary , clerk, or any attorney to appear in arty court of r ecord having jurisdon over,this matter me at any time without stay of execudon. I waive ratite seMce of process and process. I agree end understand against me for any unpaid principal, accrued interest and accrued charges due on this now, plus collection costs Ito 15 percent of tfie judgment. The exercise of the power to confess judgment will not exhaust this warrant of f msy be done as often as you elect. I further understand that my pro perty may be seized wkhotn prior notice to ydinwPtionally and volunt.6 waive any and all consdtutioneI fights I have to pre deprivation notice and hearing Y arstand the consequences of this waiver. annITInNAr 7,muq! SEE ATTACHED ADDENDUM TO THIS NOTE, THE TERMS AND CONDITIONS OF WHICH ARE MADE A PART HEREOF BY THIS REFERENCE PURPOSE: The purpose of this loan Is _ REFINANCE EXISTING MTG AND PROVIDE FUNDS SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING 75 SECURITY: This rote is separately secured by (describe sapar4te THOSE ON PAGE 2). 1 have received a copy today's date. document by type and data): 7Y' S VILLAGE INC MORTGAGES DATED 2/25/04 1 n'hk sactlon k for your kxarrW tea. Fdkee to ans aepmats -uray doo-t-t don not mean tM STEVEN E WESTHAFER, P S agnannrc we not noun tea rate.) /SEC/TREAB. I Signature for Lender SCOTT A MILLER FORM 4 UNIVERSAL NOTE O 1984, 1891 Bankers Syttems, Int., St. Clpud, MN Form UN-PA 3/712002 T 1111 RTrit RW (page 1 of 2/ DEFINITIONS: As used on page 1, "IXl" means "-i terms that apply to this loan. 1,' "me" or "my" means each Borro who signs this note and each other person or legal entity (includir.L darantors, endorsers, Ind sureties) who agrees to pay this note (togeth. referred to as "us"). Vou" or "your" means the Lender and Its successors and assigns. APPLICABLE LAW: The law of the state of Pennsylvania will govern this note. Any term of this note which is contrary to applicable law will not be affective, unless the law permits you and me to agree to such a variation. If any provision of this agreement cannot be enforced according to its terms, this fact will not affect the enforceability of the remainder of this agreement. No modification of this agreement may be made without your sxpress written consent. Time is of the essence in this agreement. Any Drovision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 at seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do ao for your sole benefit. COMMISSIONS OR OTHER REMUNERATION: I understand and agree that any insurance premiums paid to insurance companies as part of this note gill Involve money retained by you or paid back to you as commissions or Dther remuneration. In addition, I understand and agree that some other payments to third mrdes as part of this note may also involve money retained by you or )aid back to you as commissions or other remuneration. PAYMENTS: Each payment I make on this note will first reduce the amount I owe you for charges which are neither interest nor principal. the remainder of each payment will then reduce accrued unpaid Interest, and then unpaid principal. If you and I agree to a different application of myments, we will describe our agreement on this riots. I may prepay a )art of, or the entire balance of this loan without penalty, unless we specify to the contrary on this note. Any partial prepayment will not excuse or reduce any later scheduled payment until this note is paid in full unless, when I make the prepayment, you and I agree in writing to the •ontrary). NTEREST: Interest accrues on the principal remaining unpaid from time :o time, until paid in full. If I receive the principal in more than one advance, each advance will start to earn interest only when 1 receive the advance. The Interest rate in effect on this note at any given time will apply to the entire principal advanced at that time. Notwithstanding anything to the contrary, I do not agree to pay and you do not Intend to ;harge any rate of Interest that Is higher than the maximum rate of merest you could charge under applicable law for the extension of credit hat Is agreed to here (either before or after maturity). If any notice of merest accrual is sent and is in error, we mutually agree to correct It, and if you actually collect more interest than allowed by law and this agreement, you agree to refund it to me. NDEX RATE: The index will serve only as a device for setting the rate on his note. You do not guarantee by selecting this index, or the margin, hat the rate on this note will be the same rate you charge on any other cans or class of loans to me or other borrowers. %CCRUAL METHOD: The amount of interest that I will pay on this loan vill be calculated using the interest rate and accrual method stated on )age 1 of this note. For the purpose of interest calculation, the accrual nethod will determine the number of days In a "year." If no accrual nethod is stated, then you may use any reasonable accrual method for :alculating interest. LOST MATURITY RATE: For purposes of deciding when the "Post visturity Rate" (shown on page 1) applies, the term 'maturity" means the earliest of the following: (e) the date of the last scheduled payment indicated on page 1 of this note; (bl the date you accelerate payment on the note; or (c) after the entry of judgment on this note by confession or otherwise and applies to amounts owed under this note on any such judgment until paid in full. TINGLE ADVANCE LOANS: If this is a single advance loan, you and 1 expect that you will make only one advance of principal. However, you nay add other amounts to the principal if you make any payments lescribed in the 'PAYMENTS BY LENDER" paragraph below. AULTIPLE ADVANCE LOANS: If this is a multiple advance loan, you and I expect that you will make more than one advance of principal. If this Is :losed and credit, repaying a part of the principal will not entitle me to )dddtional credit. %DVANCE PROCEDURE AND MEANS: You will advance the loan )roceeds by way of check, cash, wire transfer, credit to an account or Iny combination as You and I agree. The advance(s) will occur upon :onaummation of the loan and as You and I agree, except that no advance(s) will occur until after three business days from the date of :onaummation if the loan is rescindable pursuant to Regulation Z (12 F.R. § 226). 1AYMENTS BY LENDER: If you are authorized to pay, on my behalf, •harges I am obligated to pay (such as property insurance premiums), hen you may treat those payments made by you as advances and add hem to the unpaid principal under this note, or you may demand mmediate payment of the charges. , 'ET-OFF: I agree that you may set off any amount due and payable under his note against any right I have to receive money from you. "Right to receive money from you" means: (1) any deposit account balance I have with you; (2) any money owed to me on an item presented to you or In your possession for collection or exchange; and (3) any repurchase agreement or other nondepos)t obligation. "Any amount due and payable under this note" means the total amount of which you are entitled to demand payment under the terms of his note at the time you set off. This total Includes any balance the due late for which you properly accelerate under this note. If my right to receive r--^,y from you Is also owned by someone who has not agreed to pay , Dte, your right of set-off will apply to my Interest in the obligation s to any other amounts I could withdraw on my sole request or endorsement. Your right of setoff does not apply to an account or other obligation where my rights are only as a representative. It also does not apply to any Individual Retirement Account or other tax-deferred retirement account. You will not be liable for the dishonor of any check when the dishonor occurs because you set off this debt against any of my accounts. I agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off. REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real estate or a residence that is personal property, the existence of a default and your remedies for such a default will be determined by applicable law, by the terms of any separate Instrument creating the security Interest and, to the extent not prohibited by law and not contrary to the terms of the separate security instrument, by the "Default" and "Remedies" paragraphs herein. DEFAULT: 1 will be in default if any one or more of the following occur: (1) 1 fall to make a payment on time or in the amount due; 12) 1 fail to keep the property Insured, if required; (3) 1 fail to pay, or keep any promise, on any debt or agreement I have with you; (4) any other creditor of mine attempts to collect any debt I owe him through court pro- ceedings; (5) 1 die, am declared incompetent, make an assignment for the benefit of creditors, or become insolvent (either because my liabilities ex- ceed my assets or I am unable to pay my debts as they become due); (6) 1 make any written statement or provide any financial Information that is untrue or Inaccurate at the time It was provided; (7) 1 do or fail to do something which causes you to believe that you will have difficulty collecting the amount 1 owe you; (8) any collateral securing this note Is used in a manner or for a purpose which threatens confiscation by a legal authority; (9) 1 change my name or assume an additional name without first notifying you before making such a change; 1101 1 fail to plant; culti- vate and harvest crops In due season; 0 1) any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commod- ity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. REMEDIES: If I am in default on this note you have, but are not limited to, the following remedies: (1) You may demand immediate payment of all I owe you under this note (principal, accrued unpaid Interest and other accred charges). (2) You may set off this debt against any right: I have to the payment of money from you, subject to the terms of the "Set-Off" paragraph herein. (3) You may demand security, additional security, or additional parties to be obligated to pay this note as a condition for not using any other remedy. (4) You may refuse to make advances to me or allow purchases on credit by me. (5) You may use any remedy you have under state or federal law. By selecting any one or more of these remedies you do not give up your right to later use any other remedy. By waiving your right to declare an event to be a default, you do not waive your right to later consider the event as a default If it continues or happens again,. COLLECTION COSTS AND ATTORNEY S FEES: I agree to pay all costs of collection, replevin or any other or similar type of cost if I am in default. In addition, if you hire an attorney to collect this note, I also agree to pay any fee you incur with such attorney plus court costa (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorney's fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. WAIVER: I give up my rights (to the extent permitted by law) to require you to do certain things. I will not require you to: (1) demand payment of amounts due (presentment); (2) obtain official certification of nonpayment (protest); or (3) give notice that amounts due have not been paid (notice of dishonor). I waive any defenses I have based on suretyship or impairment of collateral. OBLIGATIONS INDEPENDENT: I understand than, I must pay this note even If someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this note, or any number of us together, to collect this note. You may do so without any notice that It has not been paid (notice of dishonor). You may without notice release any party to this agreement without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this note. Any extension of new credit to any of us, or renewal of this note by all or less than all of us will not release me from my duty to pay It. (Of course, you are entitled to only one payment in full.) 1 agree that you may at your option extend this note or the debt represented by this note, or any portion of the note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the rote. I will not assign my obligation under this agreement without your prior written approval. FINANCIAL INFORMATION: I agree to provide You, upon request, any financial statement or information you may deem necessary. I warrant that the financial statements and information I provide to you are or will be accurate, correct and complete. NOTICE: Unless otherwise required by law, any notice to me shall be given by delivering it or by mailing It by first class mail addressed to me at my last known address. My current address is on page i. 1 agree to inform you in writing of any change in my address. I will give any notice to you by mailing it first class to your address stated on page 1 of this agreement, or to any other address that you have designated. DATE OF TRANSACTION PRINCIPAL ADVANCE BORROWER'S INITIALS got rewked) PRINCIPAL PAYMENTS PRINCIPAL BALANCE INTEREST RATE INTEREST PAYMENTS INTEREST PAID THROUGH: g S S % 8 g g S % 9 e S $ % $ g $ $ % 8 g 8 $ % $ S S $ % S 9 9 8 % S S 8 S % 8 S $ $ % S I s $ $ % $ i s $ S % $ Y s-s-?-T+Ta oDR (page 2 of 2l 5N ? 0 1984, 1991 Bsnken Systsms, Inc., St. Cloud, MN Form UN-PA 3/72002 J=anal- ,,L? V? Date: October 29, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'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. HOMEOWNER'S NAME(S): Steven E. Westhafer PROPERTY ADDRESS: 71 Silver Crown Drive, Mechanicsburg, PA 17055 LOAN ACCOUNT NO.: ORIGINAL LENDER: ACNB Bank, formerly known as Adams County National Bank CURRENT LENDER/SERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. El _T "E" Page 1 of 4 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default, for the reasons set forth later in this Notice (see following pages for speck 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 HEM" APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 71 Silver Crown Road, Mechanicsburg, Silver Spring Township, Cumberland County, PA IS SERIOUSLYIN DEFA ULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PA YMENTS for the following months and the following amounts are now past due: A partial monthly payment of $5,434.36 due for August 25 and the monthly payment of $7,277.18 due for September 25 and October 25. 2010, plus past due charges of $1.953.76. Other charges (explainlitemize): $446.55 resulting from a previous foreclosure TOTAL AMOUNT PAST DUE: $22,389.03 E BIT "E" Page 2 of 4 r+ 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 BYPAYING THE TOTAL AMOUNT PAST D UE TO THE LENDER, WHICH IS $ 22.389.03 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: ACNB BANK PO Box 3129 Gettysburg, PA 17325 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. Iffull 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 THRTY (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) DAYperiod and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sherf's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specked 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 3 months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: ACNB Bank, formerly known as Adams County National Bank ADDRESS: P.O. Box 3129, Gettysburg PA 17325 PHONE NUMBER: (717) 339-5069 FAX NUMBER: (717) 334-1658 CONTACT PERSON: Susan M. Saylor E-MAIL ADDRESS: ssaylor4acnb.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s 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 ? may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. EDIT "E" Page 3 of 4 4• 1• YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE 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 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY, CUMBERLAND COUNTY, FRANKLIN COUNTY AND YORK COUNTY Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling of York 55 Clover Hill Rd Dallastown, PA 17313 1-888-511-2227 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 Opportunity Inc. 301 E. Market Street York, PA 17403 (717) 424-3645 HUD Housing Counseling Program 1-800-569-4287 "Copies also sent first class mail. IE 1` NEE Page 4 of 4 s Hasler FIRST-CLASP *. 10/29/2010 a r ? • 04. a - ZIP 173 a 011D1161 0 0 rai a a ? - w Q m 0 3 rt = z It m woo T - OWL i( E OHO K! F J F _ \ zuw m -- aZJ INr 1A 7710 (A -- F Q CV w z .1 It 0 a _ te= w - cc m - W W) tO w?a CD o C? o W? C4 pp "?°0 zwz f-. a V 0ZW 0 °f y Za?.t?--` r a. A 2 LU W w ?3-- W L W N c A11 ?!? cwn A i USPS -Track & Confirm 4a UANTEDSTA YES Track & Confirm Search fiesults Page 1 of 1 Home I Helo I !Ian In Track & Confine FAQs Label/Receipt Number: 9171 1333 7682 7008 5569 65 Class: First-Class MaWD Track & Confirm Service(s): Return Receipt Electronic Status: Unclaimed Enter Label/Receipt Number. ' Your item was returned to the sender on November 17, 2010 because it -} was not claimed by the addressee. Detailed Results: • Unclaimed, November 17, 2010, 7:14 am, MECHANICSBURG, PA • Notice Left, October 30, 2010, 2:06 pm, MECHANICSBURG, PA 17055 • Electronic Shipping Info Received, October 29, 2010 Iti uffication Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. (Goy Site Map Customer_aervice Forms Gov't_$eryic_es Careers_ Privacy_Policy Terms of Use Business Customer Gateway Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA EXEOOM "Gw http://trkcnfrm l .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 11/18/2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson,`' Sheriff &~ir1«, Gi t?tirr,Gr,r?a9 ? 0 JAP, 9 AS Jody S Smith Chief Deputy Richard W Stewart kiMBERL ND ["' 0`L, Solicitor 13 E f *1 1 S Y LV tI. N ,? , ACNB Bank, formerly known as Adams County National Bank Case Number vs. 2010-7851 Steven E. Westhafer (et al.) SHERIFF'S RETURN OF SERVICE 12/27/2010 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: United States of America, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 01/03/2011 10:15 AM - Timothy Reitz, Corporal, who being duly sworn according to law, states that on January 3, 2011 at 1015 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Steven E. Westhafer, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 (55`6rthouse Square Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. OTHY ITZ, DEPUTY 01/05/2011 01:29 PM - Dauphin County Return: And now January 5, 2011 at 1329 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: United States of America by making known unto Phyllis Mitchell, Office Manager for United States of America at 228V4alnut Street, Suite 220, Federal Building, Harrisburg, Pennsylvania 17108 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $75.94 January 10, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ,. -• s ntp Sher i (lVott.E of t4k: shE'xT.ff William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ACNB BANK FORMERLY KNOWN AS ADAMS COUNTY NATIONAL BANK VS UNITED STATES OF AMERICA Sheriff s Return No. 2010-T-3796 OTHER COUNTY NO. 20107851 And now: JANUARY 5, 2011 at 1:29:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon UNITED STATES OF AMERICA by personally handing to PHYLLIS MITCHELL 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 228 WALNUT STREET, SUITE 220, FEDERAL BLDG. HARRISBURG PA 17108 OFFICE MANAGER Sworn and subscribed to before me this 6TH day of January, 2011 -)P*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, PAIC- Sheriff of )Dphin Coun , Pa. By_ Deputy Sh Deputy: G MILLER Sheriffs Costs: $41.25 12/30/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as No. 10-7851 Civil Term Adams County National Bank, Plaintiff, vs. C= Steve Westhafer, also known as -O:r Steven E. Westhafer, and the Action in Mortgage For?ur 1 Jnited States of America, r jv Defendants. _' ?C -? c" C i . PRAECIPE TO THE PROTHONOTARY: i•?j r Please mark the above-captioned Action in Mortgage Foreclosure as discontinued. Dated: January 23, 2012 PURL, EASTMAN & THRASHER B Y: 4i' Edward G. Puhl, Esquire Attorney ID Number 55709 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159