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HomeMy WebLinkAbout11-4498Geoffrey S. Shuff, Esquire McNEES WALLACE & NURICK LLC Supreme Court ID 424848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank F,LED•OFFiCE GF THE ptOTHONOTARY 2511 MAY 20 AM I',. 15 GUMBER YIVA?tA TY PENN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, :DOCKET NO. Oki] Plaintiff : V. LETORT PROPERTY SOLUTIONS, LLC, Defendant MORTGAGE FORECLOSURE : PREVIOUSLY ASSIGNED TO: N/A NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 ,may AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad o otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 Geoffrey S. Shuff, Esquire McNEES WALLACE & NURICK LLC Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, Plaintiff : DOCKET NO. V. LETORT PROPERTY SOLUTIONS, LLC, Defendant MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A COMPLAINT FOR MORTGAGE FORECLOSURE The Plaintiff, Susquehanna Bank, by its attorneys, McNees Wallace & Nurick LLC, files this Complaint for Mortgage Foreclosure pursuant to Pa.R.C.P. No. 1141, et seq., alleging in support hereof the following: 1. The Plaintiff, Susquehanna Bank, is a financial institution organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal regional office located at 1196 Walnut Bottom Road, Carlisle, PA 17015. 2. The Defendant, Letort Property Solutions, LLC, is a Pennsylvania limited liability company with a last known address of 29 Prickly Pear Drive, Carlisle, PA 17013. 3. The Defendant borrowed from and agreed to repay to the Plaintiff a loan in the original principal amount of $188,000.00 ("Loan") pursuant to a Promissory Note dated November 14, 2008 ("Note"). A photostatic copy that is a true and correct reproduction of the original Note is attached hereto as Exhibit "A" and made a part hereof. 4. As security for the Loan, the Defendant executed and delivered to the Plaintiff a Mortgage dated November 14, 2008 ("Mortgage") for the land, together with any building(s) and improvement(s) thereto, located in North Middleton Township, Cumberland County, Pennsylvania, known as 1900 Spring Road, Carlisle, PA 17013, Tax Parcel No. 29-17-1585-068, as further described in Exhibit "B" attached hereto and made a part hereof ("Property"). 5. On November 17, 2008, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, as Instrument Number 200837384. A photostatic copy that is a true and correct reproduction of the original Mortgage is attached hereto as Exhibit "C" and made a part hereof. 6. The Property is a commercial property that was used in the Defendant's business, and not the Defendant's residence. 7. At all times relevant hereto, the Defendant has been the sole, record owner of the Property. 8. The Mortgage has not been assigned by the Plaintiff and is still held by the Plaintiff as a valid and subsisting obligation of the Defendant. 9. Under the Note, the Defendant agreed to make monthly payments of the Loan to the Plaintiff beginning on December 14, 2008, and continuing on the 14th day of each month thereafter. 10. The Defendant is in default of the Defendant's obligations to the Plaintiff for failure to make monthly payments of the Loan as and when due, and as a result of such default the entire amount outstanding in connection with the Loan, including all principal, interest, late charges, and other amounts payable under the Note and/or Mortgage and otherwise in connection with the Loan, is due and payable in full. 11 As of May 9, 2011, the amount due and payable by the Defendant to the Plaintiff is $233,540.09, itemized as follows: a. Principal $184,891.97 b. Interest $ 24,384.22 C. Late Charges $ 3,206.28 d. Satisfaction Fee $ 130.00 e. Attorneys' Fees $ 20,927.62 TOTAL $233,540.09 12. The Defendant also agreed under the terms of the Note and Mortgage that, in the event of default thereunder, the Defendant would pay costs incurred by the Plaintiff as a result of the institution of this action, in addition to the charges listed in the paragraph 11. 13. Interest continues to accrue on the Loan at the rate of $38.52 per day, through the date of payment, including on and after the entry of judgment on this Complaint, and attorneys' fees and expenses and other amounts to which the Bank is entitled under the Note and/or Mortgage and otherwise in connection with the Loan continue to accrue through the date of payment, including on and after the entry of judgment on this Complaint. WHEREFORE, the Plaintiff, Susquehanna Bank, demands judgment against the Defendant, Letort Property Solutions, LLC, for the amount of Two Hundred Thirty-Three Thousand Five Hundred Forty and 09/100 Dollars ($233,540.09) as of May 9, 2011, plus interest at the rate of Thirty-Eight and 52/100 Dollars ($38.52) per day after May 9, 2011, plus additional attorneys' fees and expenses and other amounts to which the Bank is entitled under the Note and/or Mortgage, and otherwise in connection with the Loan, through the date of payment, including on and after the date of entry of judgment on this Complaint, and for costs, and for foreclosure and sale of the Property. Respectfully submitted, McNees Wallace & Nurick LLC Date: May 17, 2011 By: Sh f, Esquire ? ID #24848 100 Pine St et, PO Box 1166 Harrisbur PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, Plaintiff DOCKET NO. V. LETORT PROPERTY SOLUTIONS, LLC, Defendant MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Robert Rahal, Senior Vice President of Susquehanna Bank, hereby verify on behalf of the Bank that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SUSQUEHANNA BANK Date: May, 2011 By: -G Z Robert Rahal Senior Vice President EXHIBIT "A" Susquehanna Susquehanna Bank PROMISSORY NOTE opal ? Loan R% " ' lean cYr, i cd, A u t-. Officer '115,11 D(Fq.DO 5 11-14- ' References in the boxes above are for Lender's use ont?+ and rip not limit the applicability cif this document to any particular loan or Item. Any Item above cantainin "" has been omitted due to text len th limitations. Borrower: Letort Property Solutions, LLC Lender: Susquehanna Bank 29 Prickly Pear €ffve Walnut Bottom Road Carlisle, PA 17013 1196 Walnut Bottom Road Carlisle, PA 17015 Principal Amount: $188,000.00 Date of Note: November 14, 2008 PROMISE TO PAY. Letort Property Solutions, LLC ("Borrower") promises to pay to Susquehanna Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of One Hundred Eighty-eight Thousand 8 001100 Dollars ($188,000.00), together with interest on the unpaid principal balance from November 14, 2008, until paid in full. PAYMENT. Subject to any payment changes resulting from changes In the Index, Borrower will pay this loan in accordance with the following payment schedule, which calculates interest on the unpaid principal balances as, described in the "INTEREST CALCULATION METHOD" paragraph using the Interest rates described in this paragraph: 60 monthly consecutive principal and interest payments in the initial amount of $1,526.81 esch, beginning December 14, 2008, with Interest calculated on the unpaid principal balances using an Interest rate of 7.500% per annum based an a year of 360 days; 179 monthly consecutive principal and interest payments in the initial amount of $1,300.06 each, beginning December 14, 2013, with interest calculated on the unpaid principal balances using an interest rata based on the Prime Rate as published in the Money Rates section of the Wall Street Journal. When a range of rates has been published, the higher rate will be used (currently 4.000%), plus a margin of 1.000 percentage points, resulting M an initial Interest rate of 5.000% per annum based on a year of 360 days; and one principal and Interest payment of $1,299.24 an November 14, 2028, with Interest calculated on the unpaid principal balances using an interest rate based an the Prime Rate as published in the Money Rates sedan of the Wall Street Journal. When a range of rates has been published, the higher rate will be used (currently 4.000%), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 5.000% per annum based on a year of 360 days. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied to accrued unpaid billed Interest, then to principal and any remaining amount to any unpaid collection costs and late charges. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note Is subject to change from time to time based on changes in an Independent index which is the Prime Rate as published in the Money Rates secton of the Wail Street Journal. When a range of rates has been published, the higher rate will be used (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur mare often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 4.000% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the Interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrowers final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All Interest payable under this Note Is computed using this method. PREPAYMENT; MINIMUM INTEREST CHARGE. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum Interest charge of $25.00. Other than Borrower's obligation to pay any minimum Interest charge, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in lull", "without recourse% or similar language. If Borrower sends Such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower wig remain obligated to pay any further amount owed to Lender. Ali written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes 'payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Susquehanna Bank c/o Loan Operations, P.C. Box 2010 Lititz, PA 17543. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shalt be increased by adding a 4.000 percentage point margin ('Default Rate Margin`). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this Note would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Earn of the following shall constitute an event of default ("Event of Default') under this Note Payment Default. Borrower falls to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any tern, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sates agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower es to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion, as being an adequate reserve or bond for the dispute. PROMISSORY NOTE Loan No: ? (Continued) Page 2 Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lander in good faith believes itself insecure. Cure Provisions. It any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, It may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Larder's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest Immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attomays' fees and Lender's legal expenses, whether or not there is a lawsuit, Including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law. Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lander and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff In all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Landees charge and setoff rights provided in this paragraph. COLLATERAL.. Borrower acknowledges this Note is secured by the following collateral described In the security instruments listed herein: (A) an Open-End Mortgage dated November 14, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lander on real property located in Cumberland County, Commonwealth of Pennsylvania. SHARING OF ACCOUNT INFORMATION. The Lender and the companies in the Susquehanna Bancshares, Inc. family offer a full range of valuable financial services. We can better serve your needs by sharing your account information within our corporate family. The Borrower authorizes the Lender and the companies that comprise the Susquehanna Bancshares, Inc. corporate family to disclose to any of Susquehanna Bancshares, Inc. existing or future subsidiaries, affiliates, and assigns, and to any potential assignee or transferee, any Information (including information received from third persons) in or relating to (i) the Borrower, (ti) this loan, (iii) any other loans you have previously obtained or may from time to time obtain from us or any of the Susquehanna Bancshares, Inc. family of companies In the future, and IN) any other accounts of any type or nature and other relationships the Borrower has previously established or may from time to time establish with any of the Susquehanna Bancshares, Inc, family of companies in the future. SIGN AND ADVERTISING. At Lender's request, Borrower shall place a sign at a location on the property satisfactory to Lander, which sign shall recite, among other things, that Lender is financing the project. Borrower expressly authorizes Lender to include the project and Lender's role in financing the project in news releases and such other advertising as Lender may elect, during the project term and thereafter for a period not to exceed one year. This authorization shall include any photographs, film or electronic images of the project or Borrower's representatives made in connection with the project and permits Inclusion of the terms of the project financing in any media selected by Lander Including electronic or internal communications. This provision shall not be construed to require Lander to advertise the project or to include it in any media presentations. The consideration hereunder is agreed to be applicable to this provision; no additional compensation shall be due to Borrower for any sign or advertising by Lender. FINANCIAL REQUIREMENTS. As soon as available, but in no event later than one hundred twenty (120) days after the end of each fiscal year. Borrower's balance sheet and income statement for the year ended, prepared by Borrower. As soon as available but In no event later than thirty (30) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by Borrower. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent meowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Nate, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lander's security interest in the collateral; and take any other action dawned necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other then the party with whom the modification Is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR $O DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS SEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE Loan No: (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: LETORT PROPERTY SOL?NS LLC BY: (Seal) A an G. is It, Managing Member of LeWrt Props oiutiona, LLC we?wo.w.a.v...c.,.m ov ur. n.......w sa.'... w. ,rt xa .uxp ?.,..«. .s• wa,ew«.crnruomw nre .ns EXHIBIT "B" ALL THAT CERTAIN lot or piece of ground situate in North Middleton Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGLNNL:NG at a point in the center line of the Carlisle to New Bloomfield State Highway, known as Pennsylvania Route No. 34, where the same intersects the Southern line of Warier Street as the same is shown on Plan No. 4 of Schlusser Village, recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, PA in Plan Book No. 7, Page 39; thence in a Westerly direction alogn the Southern line of Wagner Street, a distance of One Hundred Fifty-two and eight-tenths (152.8) feet tot a point in line of Lot No. 69 as shown on said Plan No. 4 of Schlusser Village; thence in a Southerly direction along the Eastern line of said Lot No. 69, a distance of One Hundred Fifty and five-tenths (150.5) feet to a point in the center line of said Pennsylvania Route No. 34; thence along the center line of said Pennsylvania Route No. 34, a distance of One Hundred Fort-two and three-tenths (142.3) feet to a point, the Place of BEGINNrNG. BEING all of Lots 1, 2, and 3, and the Southern portion of Lot No. 4 as shown on Plan No. I of Schlosser Village which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Plan Book No. 7, Page S. EXHIBIT "C" lx? Parcel Identification Number; 29-17-1585.M C 6?, RECORDATION REQUESTED BY: Susquehanna Bank Walnut Bottom Road 1196 Walnut Bottom Road Carlisle, PA 17015 WHEN RECORDED MAIL TO: Susquehanna Bank P.O. Box 639 Maugansville, MD 21767 FOR RECrORDER'$ USE ONLY OPEN - END MORTGAGE AND SECURITY AGREEMENT THIS IS A PURCHASE MONEY MORTGAGE (This instrument is an open-end mortgage and secures future advances pursuant to 42 Pa. C.S. SS 8143 and 8144, Act No. 126 of 1990) Amount Secured Hereby: $188,000.00 THIS MORTGAGE dated November 14, 2008, is made and executed between Letort Property Solutions, LLC (referred to below as "Grantor") and Susquehanna Bank, whose address Is 1196 Walnut Bottom Road, Carlisle, PA 17015 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lander ea of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alloys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hareditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; ag water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, includingg, without limitation all minerals, oil, ges, geotherrnal and similar matters, (the "Real Property") located in Cum4erland County, Commonwealth of Pennsylvania: See EXHIBIT "A", which Is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or Its address is commonly known as 1900 Spring Road, Carlisle, PA 17013. The Real Property parcel identification number is 29-17-1585-068. CROSS•COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and iiabHities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliqukfated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantors right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $188,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage Is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P,S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantors obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain In possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that (1) During the period of Gramors ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lander in writing, (a) neither Grantor nor any tenant, contractor, agent or other MORTGAGE Loan No: (Continued) Page 2 authorized user of the Property shaft use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation ail Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Granto's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costa under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or Interest in the Property, whether or not the some was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfecton and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or pemdt any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing. Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, day, scoria, so!), gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lander may require Grantor to make arrangements satisfactory to Lender to replace such improvements with Improvements of at least equal value. Lender's Right to Enter. Lander and Lender's agents and representatives may enter upon the Real Properi at all reasonable times to attend to Landees interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shat promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lander In writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, In addition to those ads set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any Interest in the Real Property. A'sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whetter legal, beneficial or equitable; whetter voluntary or involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, tease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor Is a corporation, partnership or limited liability company, transfer also includes any change In ownership of more than twenty-Ave percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lander if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lander under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. if a Ilen antes or is filed as a result of nonpayment, Grantor shat within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory 10 Lander in an amount sufficient to discharge the hen plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are fumished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other Gan Gould be asserted on account of the work, services, or materials and the cost exceeds $5,000.00. Grantor will upon request of Lander furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain polities of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such MORTGAGE Loan No: (Continued) Page 3 coverage amounts as Lender may request with Lender being named as additional Insureds in such liability Insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of fifteen (16) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall Include an endorsement providing that coverage in favor of Lender will not be Impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Grantor agrees to obtain and maintain Federal Flood Insurance, If available, within 45 days after notice Is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the ban. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $5,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lenders security is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lion affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more Inan once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer, (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an Independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or If Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantors behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. AN such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses will became a part of the Indebtedness and, at Lenders option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be In addition to all other rights and remedies to which Lender may be entitled upon Default Grantors obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, tide report, or final title opinion Issued In favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the tide to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantors expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lenders own choice, and Grantor wilt deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantors use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shah survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantors Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding an condemnation is filed. Grantor shall promptly natty Lender in writing, and Grantor shah promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase In lieu of condemnation, Lender may at its election require that all or any portion of the not proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of sit actual costs, expenses, and attorneys' teas incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: MORTGAGE Loan No: 42?=l (Continued) Page 4 Currant Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Landers lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action Is requested by Lender to perfect and continue Lenders security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization front Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statemenL Grantor shall reimburse lender for all expenses incurred in perfecting or continuing this security Interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law, Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information, concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, continue, or preserve (1) Grantors obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by taw or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to In this paragraph. Additional Authorizations. If Grantor falls to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantors expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lenders sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. It Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT, Each of the following, at Lenders option, shell constitute an Event of Default under this Mortgage Payment Default Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults, Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Grantor, Default in Favor of Third Parties, Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantors property or Grantors ability to repay the Indebtedness or Grantors ability to perform Grantor's obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantors behalf under this Mortgage or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Coilateralization. This Mortgage or any or the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Grantors existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantors property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. MORTGAGE Loan No: ? (Continued) Page 5 Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts. including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and If Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter. Lender, at Lenders option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have al? the rights and remedies of a secured party under the Uraform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. in furtherance of this right, Lender may require any tenant or other user of the Properly to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse Instruments received in payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender In response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amounL Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's Interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as anomey for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudiclal Sale. If permitted by applicable taw, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided In this section. Tenancy at Sufferance. If Grantor remains In possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shalt have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shelf be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is. to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least tan (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remecy shall not exclude pursuit of any other remedy, and MORTGAGE Loan No: 119110klFJM (Continued) Page S an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expanses. if Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Mote rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' lees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated poatiudgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mall, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreciosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.SA. Section 8143, at. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address, Unless otherwise provided by. applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. ADVANCE MONEY MORTGAGE. (A) This Mortgage secures future advances made pursuant to the Note or Related Documents. Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks of any kind or nature described in 42 Pa. C.S.A. s 8144. (B) If Grantor sends a written notice to Lender which purports to limit the indebtedness secured by this Mortgage and to release the obligation of Lender to make any additional advances to or for the benefit of Grantor, such a notice shall be ineffective as to any future advances made: (1) to enable completion of the improvements on the Real Property for which the loan secured hereby was originally made; (2) to pay taxes, assessments, maintenance charges and Insurance premiums; (3) for costs Incurred for the protection of the Property or the lien of this Mortgage; (4) on account of expenses incurred by Lender by reason of a default of Grantor hereunder or under the Related Documents or under the Note; and (5) on account of any other costs incurred by Lender to protect and preserve the Property or the lien of this Mortgage. It Is the Intention of the parties hereto that any such advance male by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property. MISCELLANEOUS PROVISIONS, The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the aheration or amendment. Annual Reports, It the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lander, upon request, a certified statement of net operating income received from the Property during Grantors previous fiscal year in such form and detail as Lender shall require. 'Nat operating income' shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. No Waiver by Under. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lenders right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of lenders rights or of any of Grantors obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender In any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabllity. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceabifity of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence in the performsice of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this MORTGAGE Loan No: (Continued) Page 7 Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Wads and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word *Borrower' means Letort Property Solutions, LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default The word "Default' means the Default set forth in this Mortgage in the section titled 'Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. (CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, riles, or regulations adopted pursuant thereto. Event of Default The words 'Event of Default" mean any of the events of default set forth in this Mortgage In the events of default section of this Mortgage. Grantor. The word "Grantor" means L.etort Property Solutions, LLC. Guarantor. The word "Guarantor' means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used In their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The tern 'Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word 'indebtedness' means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantors obligations or expenses incurred by Lender to enforce Grantors obligations under this Mortgage, together with interest on such amounts as provided In this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. Lender. The word "Lender" means Susquehanna Bank, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated November 14, 2008, in the original principal amount Of $188,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property, The words "Personal Property mean all equipment, fixtures. and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without Ilm tation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT 13 INTENDED THAT THIS MORTGAGE Is AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: LETORT PROPERTY SOLUTIONS, LLC By: Alan G. Dacu Seal) 3$?r-a ember of Letort Property Solutions, LLC MORTGAGE Loan No: (Continued) Page 8 CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Susquehanna Bank, h in s follows: Walnut Bottom Road, 1196 Walnut Bottom Road, Carlisle, PA 17015 / ey.or ant for Mortgagee ? 19 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF SS ?J "t , •I ?C ) ? f((? ?p tom/} 1tr? I i on ,the day of 7 V W [.I l t Yll .Y , 20, before me the undersigned Notary Public, pmonaily appeared Alan G. Davis 11, Mana ng Member of Letori Property Solu ons, LLC, who acknowledged himself or herself to be the member or designated agent of Letort Property Solutions, I.I.C. a Limited Liability Company, and that he or she as such a member or designated agent, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Limited Liability Company by himself or herself as a member or designated agent. In witness whereof, 1 hereunto set my hand and official seal. COMMONWEALTHTH OF PEN NSYLVANIA NoaerlalE Notary Public In and for the State of f Eber. . stooadon LASER PR's Lending, Ver.9-,41.00.004 Copr. Harland Financial SoiLdons, ?nn. 1997, 2008. All Rights Reserved PA H:\SUSOUEHANNA\CFI\LPL\G03.FC TR-880 PR-39 ALL THAT CERTAIN lot or piece of ground situate in North Middleton Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center fine of the Carlisle to New Bloomfield State Highway, known as Pennsylvania Route No. 34, where the same intersects the Southern line of Warier Street as the same is shown on Plan No. 4 of Schiusser Village, recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, PA in Plan Book No. 7, Page 39; thence in a Westerly direction alogn the Southern line of Wagner Street, a distance of One Hundred Fifty-two and eight-tenths (152.8) feet tot a point in line of Lot No. 69 as shown on said Plan No. 4 of Schlusser Village; thence in a Southerly direction along the Eastern line of said Lot No. 69, a distance of One Hundred Fifty and five-tenths (150.5) feet to a point in the center line of said Pennsylvania Route No. 34; thence along the center line of said Pennsylvania Route No. 34, a distance of One Hundred Forty-two and three-tenths (142.3) feet to a point, the Place of BEGINNING. BEING all of Lots t, 2, and 3, and the Southern portion of Lot No. 4 as shown on Plan No. I of Schlusser Village which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Plan Book No. 7, Page 5. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200837384 Recorded On 11/17/2008 At 1:58: 05 PM * Instrument Type - MORTGAGE Invoice Number - 32481 User II) - KW * Mortgagor - LETORT PROPERTY SOLUTIONS LLC * Mortgagee - SUSQUEHANNA BANK * Customer - SHAW *FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $21.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $58.50 * Total Pages -10 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER!,OOFD EDS rrso - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, Plaintiff DOCKET NO. 11-4498 V. LETORT PROPERTY SOLUTIONS, LLC, Defendant MORTGAGE FORECLOSURE zm =aE3 c rn?=- r- flo C:)cf ?-- x --i a "c : PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To The Prothonotary: Issue Writ of Execution in the above matter: Amount due $233,540.09 Interest from May 10, 2011, to May 31, 2011 $847.44 Interest on and after June 1, 2011 $38.52 per diem Costs $to be added Respectfully submitted, Date: May 31, 2011 McNees Wallace & Nurick LLC By: offre 5 ff, Esquire e C rt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank 0 *a4.00 pa A"" y ga.oo C-BF' 14.oo " a.so 13o?.5D - Pa AT?'T *01- 00 8 U8 Cc •50 U. &61M,1'11 P'*aloo 01(0 RE 04"uwt COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, Plaintiff : DOCKET NO. 11-4498 V. LETORT PROPERTY SOLUTIONS, LLC, Defendant MORTGAGE FORECLOSURE c-s c -? 3 rn-W X;o -t c :?-Vc: =c ?c : PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT PURSUANT TO RULE 3129.1 G_ c i N c? N C.0 c ? rr' F OM =c C) -+c) c-n c:)-n c? r Susquehanna Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land with the buildings and improvements erected thereon located in North Middleton Township, Cumberland County, Pennsylvania, known and numbered as 1900 Spring Road, Carlisle, PA 17013, Parcel No. 29-17-1585-068. 1. Name and address of owner or reputed owner: Letort Property Solutions, LLC 29 Prickly Pear Drive Carlisle, PA 17015 2. Name and address of defendant in the judgment: Letort Property Solutions, LLC 29 Prickly Pear Drive Carlisle, PA 17015 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Robert J. Marsh and Amy Marsh 359 Old State Road Gardners, Pennsylvania 17013 Thomas E. Myers and Molly S. Myers C/O Wayne E. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Bureau 1 Courthouse Sq. Old Courthouse Carlisle, PA 17013 I, Geoffrey S. Shuff, Esquire, attorney for the Plaintiff, Susquehanna Bank, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Respectfully submitted, McNees Wallace & Nurick LLC Date: May 31, 2011 By: U'egl<frey S. huff, Esquire g preme ourt ID #24848 100 Pin Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n c -? CIVIL ACTION a? rn c n r :;u . N C3 ? SUSQUEHANNA BANK, DOCKET NO. 11-4498 Plaintiff : CD V. MORTGAGE FORECLOSURE co LETORT PROPERTY SOLUTIONS, LLC, Defendant : PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant in the above-captioned action, Letort Property Solutions, LLC, is not presently on active or nonactive military status. Respectfully submitted, Date: May 31, 2011 McNees Wallace & Nurick LLC By: offr S.`Sh ,Esquire me Cou ID #24848 100 Pine Stre t, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION c SUSQUEHANNA BANK, Plaintiff V. LETORT PROPERTY SOLUTIONS, LLC, Defendant Letort Property Solutions, LLC 29 Prickly Pear Drive Carlisle, PA 17015 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Robert J. Marsh and Amy Marsh 359 Old State Road Gardners, Pennsylvania 17013 Cumberland County Tax Bureau 1 Courthouse Sq. Old Courthouse Carlisle, PA 17013 -03 rnw Zrn _WX DOCKET NO. 11-4498 -"? -cam r~ x ci MORTGAGE FORECLOSURE5: PREVIOUSLY ASSIGNED TO: N/A North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013 Thomas E. Myers and Molly S. Myers C/O Wayne E. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Susquehanna Bank 1196 Walnut Bottom Road Carlisle, PA 17015 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: September 7, 2011 TIME: 10:00 a.m. N c N m 0 co C) .-n M LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in North Middleton Township, Cumberland County, Pennsylvania, known and numbered as 1900 Spring Road, Carlisle, PA 17013, Parcel No. 29-17-1585-068. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Susquehanna Bank vs. Letort Property Solutions, LLC, No. 11-4498, in the amount of $233,540.09, plus interest at the rate of $38.52 per day, from May 10, 2011, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Letort Property Solutions, LLC. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto (or is available from the County Prothonotary or Sheriff). Respectfully submitted, McNees Wallace & Nurick LLC Date: May 31, 2011 By: ID 100 Pine Street, Box 1166 Harrisburg, PA 7108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank Legal Description ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of the Carlisle to New Bloomfield State Highway, known as Pennsylvania Route No. 34, where the same intersects the southern line of Wagner Street as the same is shown on Plan No. 4 of Schlusser Village, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 7, Page 39; thence in a westerly direction along the southern line of Wagner Street, a distance of One Hundred Fifty-Two and eight-tenths (152.8) feet to a point in line of Lot No. 69 as shown on said Plan No. 4 of Schlusser Village; thence in a southerly direction along the eastern line of said Lot No. 69, a distance of One Hundred Fifty and five-tenths (150.5) feet to a point in line of land now or formerly of G. Beam; thence in a easterly direction along the line of land now or formerly of G. Beam, a distance of One Hundred Fifty-Three (153) feet to a point in the center line of said Pennsylvania Route No. 34; thence along the center line of said Pennsylvania Route No. 34, a distance of One Hundred Forty-Two and three-tenths (142.3) feet to a point, the Place of BEGINNING. BEING all Lot No. 1, 2, 3 and the southern portion of Lot No. 4 as shown on Plan No. 1 of Schlusser Village which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 7, Page 5. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, Plaintiff V. CIVIL ACTION : DOCKET NO. 11-4498 MORTGAGE FORECLOSURE LETORT PROPERTY SOLUTIONS, LLC, Defendant : PREVIOUSLY ASSIGNED TO: N/A WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any Plaintiff herein for any loss, destruction or removal of any such property before Sheriffs Sale thereof. Respectfully submitted, McNees Wallace & Nurick LLC Date: May 31, 2011 By: offr S. Shuff, E uire eme Court ID 24848 100 Pine Street, P Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4498 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK, Plaintiff (s) From LETORT PROPERTY SOLUTIONS, LLC. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $233,540.09 Interest from 5110111 to 5131111 -- $847.44 Interest on and after 6/1/11 @ $38.52 per diem Atty's Comm % Atty Paid $132.50 Plaintiff Paid Date: 6/2/11 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.00 Other Costs David . uell, Proth t By: 4M? Deputy Name: GEOFFREY S. SNUFF, ESQUIRE Address: McNEES WALLACE & NURICK LLC 100 PINE STREET, PO BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-237-5439 Supreme Court ID No. 24848 FILED-OFFICE THE PROTHONOTARY COURT OF COMMON PLEAS OF W JUL -7 AM 11: 16 CUMBERLAND COUNTY, PENNSYLVAP 11"JMBERLAND COUNTY CIVIL ACTION PENNSYLVANIA SUSQUEHANNA BANK, DOCKET NO. 11-4498 Plaintiff V. MORTGAGE FORECLOSURE LETORT PROPERTY SOLUTIONS, LLC, Defendant PREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) Plaintiff, Susquehanna Bank, hereby files this Return of Service and swears and affirms that the person or persons listed below, whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129. 1, were served with the Notice of Sheriff's Sale Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing. A copy of each certificate of mailing is attached hereto. Susquehanna Bank 1196 Walnut Bottom Road Carlisle, PA 17015 Robert J. Marsh and Amy Marsh 359 Old State Road Gardners, Pennsylvania 17013 Cumberland County Tax Bureau 1 Courthouse Sq. Old Courthouse Carlisle, PA 17013 Date: July 6, 2011 North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013 Thomas E. Myers and Molly S. Myers C/O Wayne E. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Letort Property Solutions, LLC 1966 Spring Road Carlisle, PA 17013-1158 McNEES W By: NURICK LLC Geoff Chu ,Esquire reme Co ID #24848 100 Pine Str, et, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank "D'V? UNITED STATES Certificate I POSTAL SERVICE® Mailh This Certificate of Mailing provides evidence that mail has been presented to USPS® for maili r This form may be used for domestic and international mail. •- From McNees Wallace & Nurick LLC - m W - ? p o 100 Pine Street bq N P.O. Box 1166 _ Harrishurg- PA 17109-1166 ~ ?i N M To: ?1 Aiky, -- ZV l q to Vya [ h Caviisl-le. P. PS Form 3817, April 2007 PSN 7530-02-000-9065 u') U- NyN 0 ?S ? '?? D'31MC1 G G `L ( z .?, "?°'?'',? UNITED STATES Certificate C o r j POSTAL SERVICE6 Mailin LO This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailin ?! r r This form may be used for domestic and international mail. S From m t? W 1\!1cTJees Wallarc f?.', hluricl; L,LC - z p a 100 Pine Street _ s a 11.0. Box. 1166 Harrisburg, PA 17108-11.66 t? U) U- w ° a cn W To: C `-?? ?? y9p o J 6t l 4 I I ? P v ?? ???lNn o o g 1 C v 6a o U S A Y? 04,,1't le PA 1-1013 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate C AM-W POSTAL SERVICES Mailin This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailin This form may be used for domestic and international mail. From: N/10,1ees Wallace & Nurick LLC - 100 Pine Street P.O. 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