The URL can be used to link to this page

Home My WebLink About01-3065ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA v. ' NO. 01-' ~(o~- CIVIL TERM ROGER R. MELLOTT, JR., : CIVIL ACTION - LAW Defendant : IN MORTGAGE FORECLOSURE 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 sewed, 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 judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUN'rY, PENNSYVLANIA v. i NO. o~o j~o 4. 5' CIVIL TERM ROGER R. MELLOTT, JR., i CIVIL ACTION - LAW Defendant : IN MORTGAGE FORECLOSURE COMPLAINT 1. The Plaintiff is Orrstown Bank, a Corporation organized and existing under the laws of the Commonwealth of Pennsylvania and having its principal place of business at 77 East King Street, P.O. Box 250, Shippansburg, Cumberland County, Pennsylvania, 17257. 2. Defendant Roger R. Mellott, Jr., is an adult individual, whose current address is P.O. Box 972, Ocean City, Maryland, 21842. 3. On or about November 23, 1994, Defendant made, executed and delivered a Mortgage upon the premises hereinafter described to Orrstown Bank, which Mortgage was recorded as follows: Recorded in Cumberland County Recorder of Deeds Office Date of Mortgage: November 23, 1994 Date Recorded: December 20, 1994 Book: 1245 Page: 1067 The Mortgage is a matter of public record and is incorporated herein as provided by Pa.R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit 'A' and incorporated herein by reference. 4. On or about November 23, 1994, in consideration of his indebtedness to Orrstown Bank, Defendant made, executed and delivered to Orrstown Bank his promissory Note in the original principal amount of $41,000.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. 5. Orrstown Bank, in consideration of the said Mortgage and Note advanced to the Defendant the sum of Forty-One Thousand ($41,000.00) Dollars. 6. The Mortgage is secured by property located at 42 Richard Avenue, Shippensburg, Cumberland County, Pennsylvania, 17257, which is more particularly described in the legal description attached to Exhibit "A" and incorporated herein by reference. 7. Defendant is the sole owner of the said premises securing said mortgage. 8. Said Mortgage has not been assigned in whole or in part by the Orrstown Bank. 9. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 10. The following amounts are due on the Mortgage: Loan No. 1030002435 Principal 37,576.50 Interest 1,415.93 Late Fees 98.34 Attorney Fees 5635.00 Total Due $ 44,725.77 Interest continues to accrue at the per diem rate of $9.06 for every day after May 14, 2001, that the debt remains unpaid. 11. Orrstown Bank has given to the Defendants written Notice of Intention to Foreclose on said Mortgage as required by law under Act 160, Combined Notice, dated March 23, 2001, a copy of which is attached hereto and incorporated herein as Exhibit "C" for Defendant Roger R. Mellott, Jr.. 12. The Plaintiff believes and avers that the Defendant is not a member of the armed forces nor is he in the military service of the United States of America. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendant in the amount set forth in Paragraph 11, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. Respectfully Submitted TURO LAW OFFICES ~,~.~.l t~,. ~Ol __.'. _ . Date ' jam~q M. Ro=~rpon, ,-squ~re 28 ~iff St~1~ Carlisle, PA 1 3 (717) 2~-~8 ~omey ~r Plaint~ BE'COREA~ON REQUESTED-'- BY: R ', ~ :- ~.; ' ':: ~; q On'~own~ ~COHDER OF DEEDS ';7 .=-~t King Strant F;U ~,: B FF~L ~.,., COUNTY ShlppenM~rg, PA 17257 WHE, RECOROED MAi. TO: BIll ?ri On'~vn aan~ 77 Eant King Street ShlppeualxJrg, PA 172';7 8PACE ~BOVE THJ8 UNE 18 FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE IS DATED NOVEMBER 23, 1994, between ROGER R. MEII OTT JR., whose address ia 7500 MOLLY PITCHER HWY. LOT 51, SHIPPENSBURG,, PA 17257 (referred to below se "Grantor"); and Orretown Bank, whose address la P.O. Box 250, 77 East King Street, Shlppeneburg, PA 17257 (referred to below ~8 "Lender"). GRANT OF MORTGAGE, For valuable couakter~ton, Grantor granto, bargeb~, eelte, ¢mlVey~, ~ tran~ll, ret~ ~o6tlnt~ W mortgagao to Lender all of Grantees ~ght. It~e, ~nd Interest In -nd to the toito~og des~t~oeq mol pr.beCky, tog~tlor with eft ~tiog or subesquc~ity erected or slfixod buildings, Improvements .nd ~xturee; eft sfrebls, tortes, efiey~, pessages, and weys; ,," ~monts, rtghts of wey, ,,1~ Ilborlk~. privileges, tenements, horedltements, and .ppu~ton~ee thereunto bctooglog or anywise mede ~opurto~of horualtor, and the reversions and ~t~e~i~,wr~aj= ~e~tndt ohio~ f~a,~.,ter~, ,wz~._~d?.~_~., .w~..~,~,u_~r~:__e.!~?~.d_.~l~,' ~Q._h.ts (Ir~.. u~.lng s. toct~. In ~litles with ~ioh or Irrtgefion floh~.); and oil In CUMBERLAND County, Commonwealth of Pennwlvanla (the 'Real Property"): See attached The Real Property or Its address la commonly known ~ 42 RICHARD AVE., SHIPPENSBURG, PA 17257. Grantor presently · eddition, Grantor grants to Lender · Uniform CommerctsJ Code security Interest In the Per:on,,: Property end Rents. DERNITION$. ~ fctiowlog words shefi hove the toliowlog m=,,nlngs when ueecl In this Mortgage. Terms not o~ d~nod In this M~gaga shell have the rnesnings eflrtbuiod to such ~ In the Unl~rm Commercl~ Code. M retemness to defter emounte shM muan emounts In tswful money of the United Stetes of Amedr~,. Grantor. Tho ward 'Gimnt~x" rouen' ROGER R. MELLOTr JR. The Grantor ts the mortgagor under thts Morlgega. Guarantor. The word "Gumzntor' moon' end Includes without Ilmltetion eoch end ,,; of tho gu~zntors, s~, end eocomrnodeiton pm~es ~n oonmmtlon w~th the Indebtedn'es. Improv,,mant~, Th~ word 'Imp~'~ments' mmns end Inctodes without lime,on ell exl~og end future Improvements, ~xtores, bullctogs, structures, mobile homes ofitxed on tho Reel Prol~eHy, f~citlites, edcttion', repl~n'ments end ether construct]on on the Reel Property. Indebtodne~,~. The word 'Indebtedness' moon' eft pdnctpbl end intsmet I~Yable under the Note end eny emounts expended or ~dvenocd by Lender to dlocherge obllgefions of Gr~ofor or expenses Incu~od by Lender to enthrua obllgeiton' of Grantor under this Mc~gega, together with Interest on such emounts es provided In thts Morlgaga. Lender. The word q..ender' muans (~rstown Bank, Its $~-_-~_~x,~ end ~s~lgn'. ~ Lender ts tZm ~ under thts Mor~ega. Mortgage. ~ word 'Mort~ga' mean, t~b Pumhese Mon'y Mcxlgaga between Grantor ~nd Lender, end Includes wffhout Ilmltsitoc ell sss~nments end security Int~eet provisions mtstlog to the pemanel Property end Rents. Purchese Money Mortgege. If eny of the debt escurod by this Security Insb~Jment is ioet to B~rower to enquire ~ to the ReaJ Propmty, this Security Instrument sh,q be · purchase money morlgaga under 4?. P.8. Sanlian 8141. Note. Tho word 'Note' means tho promls~xy note or credit -gruament doted N~vember 23, 1994, iR the original pHnclpel amount of $41,000.00 from Grantor to Lend~', together with ~1 mn'wets of, estert~on, of, modlflr,~flon, of, retlnenctogs of, uansefidetions of, end substituiton' for the promissory nets ar ogreement. The metunty dele of this Martgaga is November 23, ~)19. NOTICE TO GRANTOR: 11.1E NOTE CO#TAIN~ A VARIABLE INTERE~I' RATE. perannal Property. The words 'Person'l Properly' muan ell equipment, r~lures, end uther ~l~es of personal properly now or horuafter owned by Grantor. end now or heresfior etteohed or off, md to the Re~ Property;, together w~th eft _~'~J~__ on', gads, end eddliton$ to, ~1 mpion'ments of, end ell substituitone for, eny of such prodoSS, end together with el~ pm~uads (irmludlog w~thout Ilmltetten all Insur~nn, procuads end refunds of premiums) from eny sale or other dispaefiion of the Pmpe~y. Property. The word 'Pm;~sffy' moons cctisetlvely the Re~l Properly end the Personal Properly. Real Prode~'y. The wards ~ Prod~ly' muan the prodmly, Intem~s end rights desor]bod ebove In the "Gmof of M~xtgoge' section. Reletod Documanto. The words ~ Documents' mean end include without llmltotton ~ promts~xy notes, oredlt ~greements, ogmements, env~ronmentsl egreements, guaranties, es~ ogmemente, mortg-ges, d,~eds of trust, and eft other In,fruments, ogreements end documents, whether now or horuafler mdefiog, ex~cuteb in ¢onn'ction v/~th the Indebtsdn'es. Rent& ~ word 'l:tenls' rn'~n' M present end futura recto, revenues, Income, I~sues, royefitss, prctfls, ~nd other benefits dmlved from Properly. ELATED DOCUMENT~ THIS MORTGAGE 18 GIVEN ....... · AND ACCEFTED ON T~E F(:X.I..OWING ~=l,lll4S: '"' PAYMENT AND PERFORMANCE. Except es ofhanvtse provfded In thts Morlgaga, Gmqtor shefi od? to Lend~' ell emounts secured by this Mo.'tgage ~ the,., beconle due, end shall slrtc~..' perf~'m ull of Gmn!:~'s ublig~Uor,~ u,:der ~s Mollg~ge. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor ogrees that Grant(x's pmesMton lind ~ of the Preberty shill be governed by the followlog provisions: Po~eMton and Uua. Until In deteult. Grantor mey renmln In pessesslon end control of end operate end menage the Probedy ~nd cefioct the Rents'from the Property. Duly to Malntetn. Gruner shall m~lntsin the Propen'y In ten'nteble ocndliton end prompUy peform all repairs, replMmmente, and malntermnce n _ec~_~ry to presewe Ils v~ue. Y'~;;---~oua Sutmbmoe~ The terms 'n~erdon' wests,' '11~zerdous subct"nce.' 'cll,pn'bl,' 'mteese,' end 'threeton'd reluaes,' es uescl in this Mortgage, shell huve the same me"niogs es esi forth in the Compmhen'~ve Envfronmentel Response, Combeneeiton, end Uebillty Act of 1~80, es emended. 42 U.S.C. Section 9601, et esCl. ("CERCUV'), the SupeHund Amendments end Resuthodzefion Act of lg86. Pub. L. No. gg-499 ("SARA'). the H~zerdeuc Idetorlals Tranepor~iton Act, 49 U.S.C. SM:lion 1801. et ,eCl., the Resource ConesnMdion and RecovMy AOf. 49 U.S.C. Section 6g01, et seq.. or other epplin'ble stets or Federal laws, rules, or mgul-tion' edopted pursuant to ~ny of the thmgolog. Tho terms "h~ercious waste' end "hazardous subsbmn'' shell else Inolude, without Ilmiteiton. petroleum end petroleum by-products or ;my fr~tion theroc! end asbestos. Grantor represents end wermnts to Lender thet: (e) During the period of Grunter's owner~llp of the Property. there hes been no use, gan'rotten, menof~ture, stomga. under, or about the ProperS, fruatment, dispoMI, mtsese or threatened mW of any hezerdouc w~ete or substence by uny po(son on. (b) Grantor hes no knowledge et, or reeson to befieve thet there h~ been. exuapt es prevfousty disdoesd to end =now,od,.d by Lende ,. w ,ng, u., ganer.,on, m.nof. -r., or th ,,ten,d et .ey 11-23-1994 MORTGAGE Loan No.. (Continued) Page 2 hazardous waste or substance by any pder ownms or occupants of the Property or (ii) any actual or threatened llitgetion or ctelms of any kind by any pemon relating to such mattem; and (o) Except as previously disclosed to and acknowledged by Lender in wifting, (I) neither Grantor nor any tenant, contractor, agent or other authorized user of the Propedy shall use, genorets, manufacture, store, treat, dispose of, or release any hazardous wacts or substance on, under, or about the Properly and (ii) any such acitvtty shall be conducted In compliance with all opplrcabis tsdorei, state, and local laws, regulations end ordinerines, including without limitation these laws, rnguletlone, and ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property to make such inoponitone and lasts, et Granter's ex er, se as n deem appropriate to detormlne compllenne of the p..~=,-~ ~,,~. o~.~..,...,~__ _., .......... p , Le der me Lender's purposas only and shall not be construed to oraste any raspencJbllity or liability o~ · ~,-.,,u,,a u, w~[s meca Dy Lender shall be for the part of Lender to Grantor or to any other person. The representeitone and warranties contained herein are based on Granflx's due dlligenne In invasifgetlng the Propmly for hazardous waste, Grantor hereby (a) releases end waives any futura claims ngelnst Lender for indemnity or contrlbuifon In lhe event Grantor bscomac liable for cleanup or other coots under any such laws, end (b) agrees to Indemnify end haiti harmless Lender ngelast any and all oietms, lasses, liabilities, damages, peneltias, and expenses which Lender may dlreoity or Indlraofly sustain or suffer rasuJting from a braach of this saciton of the Modgege or as a consequence of any use, generation, manufacture, storage, dlspoeal, ralaace or thraatened ralm_,__~e_ cocurrtng prior to Grantor's ownership or interest in the Properly, whether or not the seine was or should have been known fo Grantor. The provisions of this sectten of the Mortgage, including the obligation to indemnify, shall survh~ th.e. payment of the Indebtedness end the setisteoilon and reconvayonne o! the lien of this Modgege and shall not be affected by Lender's acquisition of any Interest In the Properly, whether by fureclseura or othenvtse Nutsonne, Waofe. Grantor shell not cause, conduct or permit any nuisance nar commit, Permit, or suffer any shipping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the fmagoing, Grantor will not ram(we, or grant to any other party the right te remove, any flmbor, minerals (including oil end gee), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvemonte. Grantor shell not demolish or remove any Improvements from the Real Property without the prior wrthon consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor fo make arrangements setletactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Properly at alt reaeenebte timas to attend to Lendor's interests end to inspect the Property for purposes of Grantor's compllanne with lhe terms and conditions of this Mmtgege. Compllanne with Governmenfol Requlrementa. Grantor shall promptiy comply with ell laws, ordinanese, and regulations, now or hereafter in effect, of ell govammantsl authorities apalieable to the use or occupancy of the Properly. Granter may oontast in good tetth any such law, ordlnecce, or rngulatten end withhold compliance during any proneeding, including appropriate appeals, so tong as Grantor has notified Lender in writing prior to doing so end so long as, in Lender's scJe opinion, Lender's interests In the Property ere not jeopardized. Lender may require Granter to post adequate security or e surety bond, reasonably selisteoiory to Lender, te prateof Lender's interest. Duty to Proteof. Grantor agrees neither to abandon nor leave unattended the Proporty. Grantor shall do all other acts, in eddliton te thooe acts set forth above in this section, which from the character end use of the Properly ara reasonably necessary fo profact end preserve DUE ON SALE - CONSENT BY LENDER. . the Property. sale ~' transfer, Lender may, at Its option, declare rmmedlatsly due and payable ail sums ssuurad by this Mortgage upon the without the Lender's prior wrilMn consent, of ell or any pert of the Real Property, or any Intorext In the Real Properly. A "seJe or transts~ means the conveYance of Real Properly or any right title or interest therein' 'nvoluntery; whether by outright sale dead ins me t ~.~le nn~fr~,..t ..... , whether IngeJ bonetiole or ultebts' wh · , teJ__n .......... , rang cataract con eq. , ether voluntary or (3) y~are, lasse--opiton contract, or by aste as.~Janm~,nf -. ~----,-- ...... ' tract .for deed, laseehoJd ntemet with · term Clmeter th~n bY any other method of ................ ~" u' any ~enesclel Intorast m or 1o ony land frast hut~ng Ifffe fo the-Re~l-~'~f~:/':~. · . conveyance of Real Property Interest. If any Grantor is a corpora, tion, pmlnershlp er limited #ablltty company. Imncter elsc nP~'c~b~nt (25t,.) of the voting stock, pm'tnershlp Interasts or limited Ilabil rom an Inlew. be exorc, sed by Lender If euch esemise Is ' lb/ p y Iores.~, prohibited by federal law or by Pennsytvame TAXES AND LIENS. The tallowing pro.aris reladng to the texas and liens on the Property ara a part of this Mortgage. Payment. Granter shell pay when due (and in ell events pder 1o delinquency) all laxas, payroll taxes, opasiel tsxac, ~_,=_.e_=__sments, water charges and sewer sen~ chergse levied ngainst or on escount of the Property, and shell pay when due all ctslms for work done on or for sen, icao rendered or metorlel furnished to the Property. Granter shell maintain the Property free of all liens he,~fog prlonty over or equal to the interest of Lender under this Mortgage, except for the lien of texse end assessments not due, and except ac ofhenvise pro~ded in the following paragraph. Right TO Conteof. Grantor may withhold Payment of any tax, assessment, or elelm In connection with a good ~Jth dispute over the obligation to pay, sc long as Lender's Interest in the Properly Is not jeopardized. If a lien arises or is Iflad (15) deyseifor the ' ' ' · - ac e rasutt of nonpayment, Grantor eball within fifteen Iron arises or, if a Iron ~s filed, w~thln tiheen (15) days after Grantor has netk:e of the tiling, secure the discharge of the lien, or If requootsd by Lender, dopoolt with Lender cash or a sofllclent oorPorate surety bond or other security settsfeetory to Lender in an amount ac~clant to discharge the lien plus any COSts and attorneys' tsas or other charges that could escrue as a result of a forecJseura or sale under the lien. In any contest, Grantor shell defend itself and Lender and shell satisfy any adverse Judgment before enfornement against the Property. name Lender es an eddltional opligee under any surety bond furnished in the contest Prcoeadlngs. Grantor shall EVidence of PaymenL Granter shell upon demand furnish to Lender satisfactory evldonne of payment of the texas or ~_'=__-e=_sments and shell authorize the appropriate govarnmentel official to deliver to Lender et any time a written statement of the taxes and assessments against Iht Property. Notice of Conetruoften. Grantor shall neitfy Lender et least fifteen (15) days before any work is commenced, any sen~lcas ara furnished, or any mstmials are supplied to the Property, If any mechanic's lien, metertslmen's lien, or other Itsn could be asserted on acCOUnt of the work, services, or matoriais. Grantor will upon request of Lender famish to Lender advance easurancse satistenton/to Lender that Grantor can and will pay the coot of such improvements. PROPERTY DAMAGE INSURANCE· The following provisions relating fo Insuring the Proporly era a pert of this Mortgage. Maintenance of Insuronco. Grantor shall procure and maintain pollolas of tim Iceuranco with standard extended oovarnge endorsements on rel?acement basis for the ful Insurable value cave,lng all Impravamants on the Reel Properly In an amount auhlctent to avoid application of any comscranoo clause, end with a standard mortgagee Disuse In favor of Lender. fa.tm as may be reasonably escoptebla te Lender ~.,.,...,.., ..... P?islse shall be w~ten by Such Insurance cornpanias and in such eipulation that covam(:m will nM be ,...~..,.4_ .,;::,_,_~_""='?"~.;="""" ua. var [o Lender uartlfluate6 of nnv~.=,.. *- any disolelmor of the insurer's liability for failure to ............ ,,~,,,, u, w. tfu) coya prior Wnt~n netine to Lender and not contetning give such cottco. Each tasuranse pailW eisa shall inolude an endorsement providing that coverage In favor of Lender will not be impaired In any way by any ant, omlseico or Proporty al any time become located In an area dasJgneted by the Director of th-, =~,...~def~i~?_of_Gr_a_nter. ? any other person. Should the Rea] - -,.,,,-,=, ,=.a)'q;eccy Manngement Agency es · speolei ticod hazard area, Grantor agrees to obteln and maintain Federal Rcod In6oranne, to the extent such Insurance Is required by Landor end is or becomes available, for the form of the roan and for the full unbald pricclpel belanne of the luan, or the rnmdmum limit of covernge that Is available, whichever is leas. Appttcatlon of Prcoeede. Grantor shell promp~ neti ./y Lender of any loss or damage fo the Pro fells fo do se within fifteen (tS) days of the casualty Whether or cot Lm,..,~ ~ ...... partY. Lender may make proof of loss if · -- ......... Un[y eim ex'ed n . rantor to the reduction of the tndoptedneas, P , Le der may, at Its election, apply the proceeds · ppty the proceeds to restoration payment of any ~n eftectng the Property, or the restorctten end ropetr of the I~'operty. If Lender oiects to and repair, Grantor shall repair or replace the demaged or mb. Md Improvements In a manner ~6steofory to Lender. Lender she#, upon eaitsfactory proof of such expenditure, pay or reimburse Grantor from the prconede for the reasonable cast of repair or restoration if Grantor is not in default hemunbar. Any proceeds which have not been diabumed withJn la0 days attar their receipt and which Lender has not commJffed to the repair or restoration of the Properly shall be used itrat te pay any amount owing fo Lender under this Mortgage, then to prepay encrued interest, and the ramelnbar, If any, shell be applied to the principal batsnce of the Indebtedness. If Lender holds any proceeds after payment In full of the Indet)tsdneas, such proceeds shell be paid to Grantor. Unexpired Insurance of Sale. Any unexpired insurance shall inure to the beneitt of, and pass to, the purchaser of the Propely covered by this Mortgage at any frustse's sale or ether sale held under the provielons of this Mortgage, or al any foreclosure sale of such Properly, TAX AND INSURANCE RESERVES. Upon request by Lender and subject to opplicabla Jaw, Grantor shall pay to Lender each month on the day payments ara due under the Note until the Nola is paid in full, a sum ("Escrow Funds") equal to one-tweltth of (a) all annual tsxoo, opeeiel taxes, assessments, water charges and · sewer servine charges lamed against or on account of the Property and (b) annual premiums for policies of are ~nsurance with ell risks stsndm'd extended coverage required under this Morlgege ("Escrow Items"). Lender may estimate the amount of Escrow Funds on the basis of currant date and ·reesonabla extimete of futura Escrow Items, E~row items when due. Lender will not charne for ,,d,~',~,~ ..., .__,. .~ - All Escrow Funds shell be held b Lender an m wnllng that Interest shall be peld on the Eec. mw ;.n.~de ,a,n_,d.._a_ppllc. abla law permits Lender to make such a oh Gr ~ng he Escrow Items, he r uirad to a ............. ,...,~.~ en ngraemant is mede or a erge. antor and Lender may agree eq p y Grantor any Intorest or earnings on the Escrow Funds "n.. =._._....P?~uabts law requires Interest to be paid, Lender shell not · ,,,- ,;~ruw runco ara pledged es eddiifonel r, acurity for the amounts ensured by this Mortgage. If the amount of the Esorow Funds held by Lender, together with the due dates of the Escrow Items, shell futura month y pa enta of exeaed the amount raqutrad to pay the Escrow Items when due the ~Ye~Y~I=i~ii ~ E_....sc~'._o~_.__.l=u,n_de prior to the promptly ropald te Grantor or credited to Grantor in scheduled payments of Escrow Funds. , .......... .~ ;ramors option, elthor If the amount of the Escrow Funds held by Lender is not su~clent te pay the Escrow Items when due, Grantor shell pay to Lender any amount necessary fo make up the deticieccy in one or mine · m .... 4,-)A.- .... s n~rc P y entsas 11-23-1994 MORTGAGE Loan No' ' (Continued) Page 3 required by Lender. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage, or if any action or proceeding Is commenced that would m~lorlally affect Lender's Interests in the Properly, Lender on Gmnt~s hehaif may, but sh~ not be rabulmd to, fake 8ny action that Lender deems approprlefa. Any amount that Lender expends in ,=o doing will beer interest et the rate charged uedor the Note from the d~te incurred or paid by Lender to the date of repayment by Grantor. Ail such expenses, at Lander's option, will (e) be geyabts on dentand, (b) be added to the betenee of the Note and he appo.'~oned among end be payable wilh any Insfallment payments to become due during either (I) the term of any Kopllcabte insurance policy or (il) the remaining term of the Nofa, or (c) be tmofed as · balloon payment which will he due end payable et the Note% metunty. This Mortgage also will secure payment of these amounts. The rights provtdad for In this pamgaLoh shall be in eddltion to any other rights or any remedlns to which Lender may be entitled on account of the default. from any remedy that it otherwise would have had. Any such action by Lender shaft not be concfrued as ouifng the default so as to bar Lender WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property ere · part of this Mo~gege. Tltte. Grantor wan'ants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, free and cts,ar of all liens and encumbrances other than those set forth In the Rasl Property daecflption ar In any title Insumnco policy, titfa raboff, or ifnel ttile opinion issued In favor of, and eccopfad by, Lender in connactlon with this Mo~gage, end CO) Grantor has the fult rigM, power, end authority to execute end deliver this Mortgage to Lender. Defense of "lille. Subject to the exception In the paragraph above, Grantor warrants end will toraver defend the ~e to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that queetiona Grantor'= lille or the Int~,-is~ of Lender under this Mo~gage, Grantor shall defend fha action et Grantors expanas. Grantor may be the nominal patty In ,=uch prco~ng, but Lender shall be entitled to particlpafa In the prccoeding and to be represented In the proceeding by counsel of Lender's own oholco, end Grantor will deliver, or cause to be defivemd, fo Lender such instruments as Lander may request from time to time to pm'mil such perifcipetlon. · Comptionco With Laws. Grantor warrants that Ihs Property end Girantors use of the Property complies with ail sedating applicable laws, ordinances, end regulations of governmental authoritiee. CONDEMNATION. The following provistens relating to condemnation of the Property ara a part of this Mortgage. Appltooflon of Nat Proceeds. If all or any part et the Properly Is condemned by eminent domain proceeding'= or by any prcoeedlng or purchase in lieu of condemnation, Lender may at its election ragulra that all or any portion of the net prcocods of the award be applied to the Indebtedness or the repair or restoration of th,= Proparty. The net proceeds of the award '=hall mean the award affornays' fees incurred by Lander In connection with the condemnation, after payment of ail actual cnsts, expenses, and Procoedthge. If any proceeding in condemnation la filed, Orentor shall promptly notify Lender In wrilfng, end Grantor ahefi promptly take such steps as may be necessary to defend the action and abfaln the award. Grantor may be the nominal party In acoh prcoeedlng, bul Lender shall be entitled to participate In the pracoed~ng end to be raprasanfad in the procoedlng by counsel of Its own choice, end Grantor will deliver or cause to be delivered to Lender such Insfrumente aa may be requested by if from time to time to permit ,=uch parll-'lpation. IMPOSITION OF TAXES, FEES AND CHARGES R¥ GOVERNMENT~M. AUll'IORITIES. The fallowing pro.tons relating to governmental taxas, fees ,=nd charges em a part of this Mortgage: Current Tmml, Fees and Chargel. Upon rabueef by Lender, Grantor shall _~'e~__ute acoh documents in eddtiton to this Mortgage end fake whatever other action ia raqueefad by Lender to paffact and cooflnue Leedors lan on Ihs Real Properly. Grantor ,=hail reimburse Lender for ail taxes, as described below, together with ail e~ Incurred In recording, per~ng or con~nulng this Mortgage, including without limitation all taxes, fees, dacumenfary stamps, end ofhor charges for recording or ragisfaring this Mortgage. Thxea. The tallowing ,=hall constitofa taxes to which this sec~on applies: (e) a spuciflo tax upon this type of Modgege or upon all or any part of the Indebtedness secured by this Mortgage; Co) a spacl~ tax on Orantor which Grantor Is authortsed or reClUlrad to deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a lax on this type of Mortgage ohargcobte against the Lender or the hofder Of the Note; and (d) a spacitic tax on all or any padion of the Indebfadnass or on payments of principal end Interest mede by Grantor. Subeequant Taxes. If any lax to which this sentlon applies IS enacted audseqnent to the data of thIs Me. gage, thts event shall have the same elfact as an Event of Detauti (as defined below), end Lender may exer~se any or ell of Ifa avellebts remiss for en Event of Default as provided below unless Grantor either (e) pays the tax bofom II becomes delinquent, or (b) contests the tax ae provtood above In the Texse end Liens section and deposits with Lender cash or · sufficient corporate surely bond or other ascurify astisfaofory to Lender. SECURITY AGREEMENT; FINANCING STATEMENI'~. The following provistona relating to rrds Mortgage as · security agrcomanl ara a part of this Mortgage. Securtfy Agreement. This instrument shall constitute · secunty agreement to the eadant any of the Property constitutes rmturas or other personal property, and Lender shall have ell of the rights of a secured party under the Uniform Commemlal Code as amended from time to time. ,Security Iolereof. Upon rabuast by Lender, Grantor ,=hail execute tinenclng statements and taka whatever ofhor action i,= raClunstod by Lender to perfect end cantinas Lender's 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 furthor authori~,etion from Grantor, tile eseouted counterparts, copies or reproducttons of this Mortgage as · tinar~ng stefamant. Grantor ,=hail reimburse Lender for ell expanses incuned in pede~ng or continuing this security Interest. Upon default, Grantor shall assemble the Personal · Praperty In · mennm end et a piece reasonably convenlant to Grantor end Lender end make available to Lender wtihln three (3) days after recolpt of wrtiten demand from Lender. Addroeeea. The mailing addressee of Grantor (debtor) end Lender (secured party), from whtsh Information ooncorntng the sucurity interest granted by this Mmtgege may be obteJned (each e,= required by the Uniform Commercial Code), are as stated on the tirol page of this Mortgage. FURTHER AXSURANCES; AI"rORNEY-]N-FACT. The following provtslona relating to further assurances and attorney--Irt-~ect ara a part of this Mortgage. Fotthor A~urance~. At any time, end from time to time, upon request of Lender, Grantor will make, execute end deliver, or will cause to be mede, executed or delivered, to Landor or to Lendors de~gnae, end when requasfad by Lender, cauco to be tilad, recorded, refiled, or rcrecorded, as the case may be, at such times and In such of~ and places as Lender may deem appraprtsfa, any end ail such mortgages, deeds of trust, sacurily deeds, securify agreements, tinanolng afafaments, contincation ,=fafaments, Insb'uments of further assurance, cartlticatea, and other dacuments as may, in the sole aplnten of Lender, be nuceesery or dasimbte in ardor to attoofuete, complete, pedect, continue, or preserve (a) the obligations of Grantor under the Note, this Mortgage, end the Related Documents, and (b) the liens and seoudty infatuate cmafad by this Mortgage aa tirst end pdor liens on the Properly, whether now owned or harasflor ecqolrad by Grantor. Unless prohlblfad by tsw or agreed to the contrary by Lender in writing, Granlor shall rcimbume Lender far all costs and e~ Incurred in connection with the matters refan'ed to in this paragraph. Attorne¥-In-Fect. If Grantor fails to do any of the things retorrad to In the preceding paragraph, Lender may do ac for end In the name of Grantor end ef Grantor'a mq:)enas. For such purpusec. Orantor hereby Irravcoably appofnte Lender ae Graofor'~ attomey-ln-4'ent tar the purpose of making, executing, dallve~'ing, filing, recording, end doing ell other thing~ as may be r~ or daskebla, in Lender's acle opinion, Io eccometish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Mortgage, Grantor pays all the Indabtednase when due, end ofharwise pedorms all the odligeifona Imposed upon Grantor under this Lender shall execute and deliver to Grantor a sultebte setiafectton of this Mor+gege end acltebla afatemente of termination of any financing statement on tile evidencing Lendors security interest In the Rents and the Personal Proporfy. Grantor will pay, if permtifad by abplisabte law, any reasonable terminstton fee as determined by Lender from time to time. DEFAULT. Each of the following, et the option of Lender, shall constitufa ,=n event of default ("Event of Default") under this Mortgage: Delco. It on todebtodneco. Failure of Grantor to make any payment when due on the Indebtedness. Defauff on Olbar Pwmentl. Failure of Grantor within the time required by this Madgege to make any payment for trams or insurance, or any other payment nec~ to prevent filing of or to effaot discharge of any lien. Comptiance Defaelt. Failure to comply with any ofhar term, obligation, covenanf or condition confalned In th~ Mortgage, the Note or in any of the Related Documents. If such · failure la curable and if Grantor has not been given · na~ of · breach of Itm same provtsion of this Mortgage w~thln the preceding twelve (12) months, It may be cured (end no Event of Default will have acourrad) It Grantor, after Lender asnda wntfan noBca demanding cure of such failure: (a) puma the failure within fifteen (rS) days; or CO) if the cora requlnss more than tiftoen (15) days, initiates steps eoffK'Jant to cum the failure end tharaettor continues end completas ell rasaonabte end naasecary afapa aul)1ctent to produce compllanco as soon ea reasonably prell. L~ranrcr UnOor mia MOIlgage, the Note or the Related Documents IS tales or mlslcodlng In any metmtel reopect, atiher now or et the time mede or furnished. Death or Inonlvency. The death of Grantor, the Insolvency of irqrantor, the abpolntmant of · recetver for any pert of Gmntor'a property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency 11-23-1994. MORTGAGE Page 4 Lean Ne. (Continued) laws by or against G~Antor. Foreclceure, Fo~/etfuns, et,'. Commencement of foreolasura or forf~m proceedings, whether by Judictal proceeding, r~f-holp, mpossaasion or any other method, by any orodlter of Grantor or by any governmental agency against any of the Properly. However, this subsaclton shell nnt apply in fha event of · good faith dispute by Grantor as fu the validity or reasonableness of the cteJm which Is the basis of the foreoiasore or forofetfum proceeding, provided that Grantor glvea Lender written notice of such ctalm and furnishes resents or a surely bond for the otalm saltetecto~/to Lander. Breaob of Other Agreement. Any broech by Grantor under the terms of any other agreement between Grantor end Lender that Is not remedied within any arena pmiod pro~ded therein, Inoludlog without Ilmltalton any agreement concernlog any Indebtedness or ofhor obllgelton of Grantor to Lender, whether extatiog now or later. L=vanto Affecting Gcomofor. Any of the precedlog events occurs with respect to any Geamntor of any of the Indebtedness or such dies or becomes incompetent. Lender, at its aptlon, may, but shell not be required to, permit the Guarantees eclete to assume uncondltionslly the obligations arising under the guaranty In · manner sakstecto~/to Lender, and, In doing es, cum the Event of Default, RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default end at any time thereafter, Lender, at its option, may exerolsa any one or more nt the following fights end ramsdias, In addition to any other fights or remedies pro~tded by law: Accelerate Indobtodnan.. Subject to sppllcabta law, Lender shell hevo the fight at Its option without notice to Grantor to doclara the entire tndebtednssa Immodlatoiy due end payapla. UCC Remodta~. With respect to all or any pert of tho Personal Property, Lender shell have all the fights and mmedlas of a secured party under the Uniform Commerolal Code. Collect Ronto. Lender shell have the fight, without notice to Grantor, to take pos~on of the Propady and collect the Rents, Including amounts past due and unpeld, and apply the net pr___'~_, over and above Lender's costa, agalr, st the Indebtedueas, In tudheranue of this fight, Lender may require any tenant or other user of the Properly to make payments of rant or use fees directly to Lender. If the Rents ere collected by Lender, then Granter Irrevocably designates Lender as Grantors eltoruey-ln-I~t to endorsa Instruments received in payment thereof in the name nt Granter and Ia negotiate the same and collect the proceeds. Payments by tenants or other usam to Lender in maponea to LendeCs demand shell sslls~ the obligations for which the paymente are mede, whofhor or nnt any proper grounds for the demand exisfud. Lender may exerolsa its rights under this subparagraph either In parson, by agent, or through · reaslver. Appofof Reaelver. Lender shall have the fight to have a raosiver appointed to taka paseaaslon of all or any part of the Properly, with the pawor to protect and preserve the Propady, Ia operate the Prspady preceding foreclasuro or rata, and to collect the Rents from the Properly and apply the proceeds, over and above the cost of the renalverahlp, agsinst the Indobtadnas~. The r~ may sane without bond If permlltap by law. Lender's fight to the appointment of · receiver shall ~st whether or not the apparent value of the F'ropmty exceeds Ihs Indebtedness by a substantial amount. Employment by Lender shell not disqualify & person from eaf~tog as a reoslver. Judlotal Foreclosure. Lender may obtain a Jndk:taJ deerce furs~laslng Grantors interest In all or any part of the Property. NonJudlctel 8eta. It pm'miffed by applicable law, Lender may fmeoloea Grantor's Interest In all or In any part of the Personal Pr~rty or the Real Propady by nonjudicial sale. Dellctency Judgment. Lender may obtain a Judgment for any der~eccy ramalnlog In the Indobtadnssa due to Lender after application of all amounts received from the exe~ of the fights provided In this section. Tenancy et Sufferance. If Grantor remains In pasasoslon of the Property after the Property is sold as provided above or Lender ntheP, vise becomes entitled to possession of the Property upon deteult of Grantor, Grantor shall become a tenant et sufferanue of Lender or the purchaser of the Property and shell, at Lender's option, either Ia) pay a raasonobte rontal fur the usa of the Properly, or (b) vacate the Properly Immedietoiy upon the demand nt Lender. Other Remodle.. Lender shell have all other fights end romediss provided in this Mofigage or the Note or avefiobta et taw or In equity. Sale of the Pns~lly. To the extent germtitap by applleabla law, Grantor hereby waives any and all fight to have the pmpady mers hel lap . In exemlsing ~ fights and ramaplsa, Lander shall pe free to sell all or any pert of the Properly together or saperately, In one sale or by separate sales. Lender shall be entitled to bid at shy public sala on all or any portion nt the Properly. Notice of Sate. Lender shell give Grantor reasonable safina of the time and place of any public ~,le nt the Personal Property or of the time alter which any private sale or other intended dispasltlon of the Personal Propa~y Is to be made. Untaas nthorwiea required by applieabla law, reasonable notice shell mean notice given et least ten (10) days bofore the lima of the asle or dispastilon. Waiver; Election of Remaplea. A waiver by any party of a breach of a provision of this Mortgage sheJl not conefituta s waiver of or prejudice the party's fights otherwise to demand shlcl compliance with that pro~tsion or any other prodsion. Election by Lender to pursue any remedy shall not exclude pumult nt any other remedy, and an election to make expandifuras or taka LLfflon tO per~ an ob#ga§on of Grantor under this Mofigage sffor failure of Grantor to paderm shell not affant Lender's fight to dec,am a default and e~emlea Its mmaplsa under this Mortgage. Attorneys' Peea; Expance-.. If Lender institutes any suit or action to enforce any of the terms of this Mofigage, Lender shall be antittad to recover such sum as the coud may adjudge rcoannabla as ettornays' teas et trial and on any appeet. Whether or not any court a~on is Involved, all reasonable expanses Incurred by Lender that In Lenders opinion are _ns,~'.~.~,___~'y at any ltme for the protean of Its Interest or the enforcement of its rights shall become a part of the Indobtedrwsa payable on demand end shall bear Interest from the dele of axpandlfura until repaid st the Note rata. Expansec covered by this paragraph Inolude, without Ilmltelton, however subject to any Ilmlta under applicobte taw, Lender's alto,'ceys' teas and Lender's legal exper, ass whether or not them is s tawsult, Inciudlog attorneys' fees for binkruptcy prc, c~:llogs (Inoiudlog effods to modify or vanate any automatic stay or Injunction), appaels and any anltclpatasl pasl-.Judgmant coileclton san~s, the oast of searching records, obtalniog file mporta (including foreclosure ropods), suweyors' rapods, and appr.~,d leas, end tl~e Insurance, to the _-.-~_-.tt permltfud by applicable law. Granter also Mil pay any court costs, In addillon to all uther auras proud by taw. NOTICES TO GRANTOR AND OTHER PARTIES. Unless uthef~ provided by appllcabta taw, any noltce under this Mortgage shall be In wrillog and shall be effective when ectuefiy defiverad, or when deposited with a naltonaliy racngnlzap overnight coulter, or, If maltad, shell be deamap effective when deposited In the United States mall first ciasa, rogistarod mall, postage prepaid, directed to the addraosas shown near the baglrmlog of this Modgage. Any party may change Its address for noticsa under this Morlgage by giving formal w~fltan notice to fha other pe~as, spoclt~og that the pu~osa of the notice is to change the party's oddrsas. All copies of notices of foreolasura from the holder of any Itan which has pdonty over this Mortgege shall be sent to Lender's address, as shown near the beginning of this Mortgage. For no,ce pu~pasas, Grantor agrees to keep Lender Informed et all times of Grantor's cu,'rant apdraas. MISCB..LANEOUS PROVISIONS. The foilowfng miscellaneous provINons are · pad of this Morlgaga: Amendment-,. This Morigaga, fogather with any Retalnd Documents, conoiltutes the entire undemtendiog end agreement of the parties as to the melters set forth In this Mofigag"- NO alteration of or amendment to this Mertgaga shall be effective unless given In writing and signed by the party or pmllsa sought to be nhefged or bound by the attemtion or amendment. Applicable L.aw. Thte Mortgage lea been delivered to Lander and ~__-pfud by Lender In the CommonV~lh of Penncylvante. This Mortgage abell be governerl by and construed te accordance wllh the Iowa of the CommonweMth of Panncylvanla. Caption Reaping.. Caption headings In this Mortgege am for convanlanas pu~pasec only and ere not to be used to Interpret or define the provisions of this Mortgage. Merger. There shall ba no merger of the Intarsst or satete created by this Mofigaga with any other Interest or astele In the Prapan'y at any time held,by or for the peuetit of Lender In any capacity, without the whtfun consent of Lender. Saveraplllty. It a court of competent jurisd~an linde any provision of this Mad~ to be Invalid or unanfor~mble as to any person or circumstance, such finding shell nnt render that provision invalid or unen;~---_~__~ts sa to any o~her persons or ~lmumsts~-,c~,. If teaelbte, any sunh offending provision shell be deemed to pe mndifiap to be within the limits of anferasablllty or validity;, however, If the offunding provision cannot be so mndlflad, it shall be sbtokan and all other protons of this Morlgege In all nther rexpocta shall remain valid and enfornaabla. Succeeaora ~ Aealgn.. Subject to the limltetioea stated In this Mortgage on transfer of Grantors Interest, this Mortgage shall be binding upon and Inure to the benefit of the par~ex, their heirs, personal rapmsanteltvex, su~,Aexecrs and assigns. If ownership of the Property bocomex vsata~l In s person other then Orantor, Lender, without co, ce to Grantor, may deal with Granters s~am with reterance to this Mortgage end the Indebtedness by way of th~saranue or extension without rate.ag Grahtor from the obllgeltons of this Mortgage or liability under the Indaptednas"- Time le of the ~__-ee_.ce. Time is of the essence in the pedormanse of this Mortgage. b~OK :t 2~ F',,.C[ ~. Wdvere and Conecflto. Lender shell nM ba deemed to have waived any fights under this Morigage (or under the Related Dasumants) unless such waiver Is In writing and signed by Lander. No delay or omission aa the pert of Lander In exercisiog any right shell operate sa a waiver of 11-23-1994 MORTGAGE 'L.oan No. (Continued) Page 5 such rl.ght or any other right. A .waiver by any parly of a provFalon of th~ Morlgage shall not comtltuto a waiver of or prejudine the party's right ~nhndr~i as~nt.,° ~nn~,d~:o°~nc~ wW~hvortha_t?._r(_.)~?.o.n or .any other provision. No prfor waivor by Lender nor any ;ourse of d ~ any or Lenaor's rights or any of Grentot's ,,~,p.-, ........ ming omwnen consent by Lender is required ,~ ,~a,u,,= :m :o any nzture Iranascttons. Whenever In Ibis Modgage, the granlJng of such oonseof by Lender In any Instanne shell not coasGflJte conlinulng consent to subsequent Instances where such e,onnent is reclUked. Signed, ackn(~Nvledoed_ and deljvered..lO the prea~e~ Of=. Signed, acknowledged and delivered In the presence of= X X CERTIFICATE OF RESIDENC-~~ I hereby Sm'Ufy, that the precise address of the modgagee, (Xlztown B~lk, hor~n Fa as follows: P.O. Box 260, 77 East King Street, Shlppensburg, PA 17~b'7 ..~ . --'~ INDIVIDUAL ACKNOWLEDGMENT and who exasutod "~ ,"? ' "." the Morlgage, and ac~knowtadged thai he or She signed the Moglgage as his or her free lind VOluntary act and purposes therain me,ntloned, no 'aeecl;'for the ucas NotofyPubltolnanclforthe~tete-of . I ~'"~;-~-~'u~TV4~,(~,..~. I ,4LL that certain lot of ground with the improvements thereon erected, situate in Township of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern side of Richard Avenue, which point is a corner of property now or formerly of Elizabeth Lesher; thence Northwardly along lands of the said Lesher, a distance of one hundred twenty five (125) feet to the Southern side oran alley; thence Eastwardly along said alley, a distance of twenty (20) feet to a point in line of lands now or formerly of Robert L. Rebuck and Kath~n L. Rebuck, his wife; thence Southwardly along lands ofthe said Rebuck and through the center of the partition wall built between the house on the lot hereby conveyed and the house on the lot of the said Rebuck, a distance of one hundred tweoty- five (125) feet to a point in the Northern line of said Richard Avenue; thence Westwardly along the Northern of said Richard Avenue; thence Westwerdly along the Northern line of sail Richard Avenue., a distance of twenty (20) feet to a point, the place of BEGINNING. Being improved with the Western one-half of a double fram dwelling house and other improvements, known as No. 42 Richard Avenue. BEING the same real estate which the Redevelopment Authority of Cumberland Coumy, by deed dated November ~ '~ ,1994, and intended for recording contemporaneously herewith, granted and conveyed to Roger R. Mellott, .Ir., Mortgagor herein. SCHEDULE "A" ADJUS' ABLE RATE LOAN RIDER NOTICE: THE SECURITY INSTRUMENT SECURES A NOTE WHICH CONTAINS A PROVISION ALLOWING FOR CHANGES IN THE INTEREST RATE. IN- CREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS. This Rider is made this ...2..3.r.d... day of...~.oy.e, qb..e.r .......... 19..9~ .... and is incorpnrated into and shall be deemed to amend and supplement the Mortgage, Decd of Trust, or Deed to Secure Debt (the"Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to ............................... ................................... .QI~Q~/~I. ~B.A!~ ................................... (the "Lender") of the same date (the "Note") and coverin8 the property described in the Security Instrument and located at ..../4.:~. ~L.C.I~4T~I..~y~Rqe. ~..S. lq~.pp.e, qq1~g$.8 ~. ~A.. ~ 7.2~;~ ........................................ Property Address Modifications. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note has an "Initial Interest Rate" of.. 6,7-.-~... ~. The Note interest rate may be increased or decreased on thc ... ~-3X4.. day of the month beginning on ... ~Tpy. qqd/~$..~ .......... 19.~..., and on that day of the month every .~tlaJ,xI~.. months thereafter. Changes in the interest rate are governed by changes in an interest rate index called the "lndexY Thc Index is thc: [Cheek mw box to indicate Index.] (1) I-I* .`C~ntractInterestRate~Purehas~fPrevi~us~y~ccupi~dH~mes~Nati~nalAveragef~ral~Maj~rTypes~f Lenders" published by the Federal Home Loan Bank Board. (2) [~]a .~:L~1e.~.e~g~-y.~t~Y~.a~g~.yAq].~..q~.~A..L~;9~..RgagRq.T~A~.~9gR~$g~q.~q~$g~4 .... ................ tLq. ~...c, OXt p.I;.qQl:, p~aA;,,xX;I,t;y..o.g, ope, .7~P,~; ~ .............................................. [ Check the appropriate boxfes) to indicate whether there it any maximum limit on interest rate changes and! or limits on the intereJt rate under the Note: if no box is checked, there will he no maximum limit on chaage~ and no limits on the interest rate.] (!) [] There is no maximum limit on changes in thc interest rate at any Change Date. (2) [] The interest rate cannot be changed by more than .~;VP..(:~}. percentage points at any Change Date. The Interest rate will never be more than [2.25 ~ or less then 6.25 ~. If the interest rate changes, the amount of Borrower's monthly payments will change as provided in the Note. Increases in thc interest rate will result in higher payments. Decreases in the interest rate will result in lower payments. B. LOAN CHARGES It could be'that the loan secured by the Security Instrument is subject to a law which sets maximum loan charges and that law is interpreted so that the interest or otber loan charges collected or to be collected in conner[on with the loan would exc~d p~rmitted limits. If this is the case, then: (A) any such loan charge shall be reduc~ by the amount necessary to reduce the charge to the permitted limit; and (B) any sums already collectod from Borrower which cxc~dcd permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under thc Note or by making a direct payment to Borrower. C. PRIOR LIENS If Lender determines that all or any part of the sums secured by this Security Instrumcm are subject to a lien which has priority over this Security Instrument, Lender may send Borrower a not!ac idcotifyin~ that lien. Borrower shall promptly act with regard to that lien as provided in paragraph 4 of thc Security Instrument or shall promptly secure an a~re~ment in a form satisfactory to Lender subordinating that lien to this Security Instrument. D. TRANSFER OF THE PROPERTY If there is a transfer of the Property subject to paragraph 17 of the Security Instrument, Lender may require (I) an increase in the current Note interest rate, oT (2) an incre~ in (or removal of) the limit on the amount of any one intcr~t rate change (if there is a limit), or ('t) a change in thc Base Index figure, or all of these, as a condition of Lender~ waiving the option to accelerate provided in paragraph 17. By signing this, Borrower agr~s to all of the above. Roger R. Nellott --Borrower ............................................. (Seal) -- Borrower * If more than one box is checked or ~fno box Is checked, and I.~nder and Borrower do not otherwise agree in writing, the first Index n~med will apply. NEW JERSEY AND PENNSYLVANIA ,,,.,.,.,.. ,,.,, 1 45 PROMISSORY NOTE ............... .......................................................................... I ....................... t ................... ....... I'" '"" .............. ...... .......... ........ ~m. M ................. t..~.~ ~.:.......~:. ............................ · .............. .::~..~ ........... ..~:~::. ............ "~.'.;:;.~:'"':~ '"'~.~': 11 ..... ' ............. ' ~":'~{'"~"'"' '"' '9~ ~:.':...;:.:~:,..;;;~:~.~.'.;'~.~:.~:;"' ;:.:..~;.:.~ ~:':":'":":';'"'~'""~"%'"": ............ "'?':¥~:':::':':':':" ........ ' '::~:: .... _ ................ ~m~ in t~ shad~ a~ am ~r ~n~r's u~ o~y and do n~ imit t~ eppnMb ~ d thb ~ Borrowr: ~6~ R. M~ JR. (~SN: 1~1413) ~nder: O~fl ~ ~ M~Y PITCH~ ~. LOT 51 KMO SWt ~ SHIP~N~URG,, PA 1~ P~. ~ 2~ ~ ~t Kin0 Steer Shl~u~, PA I~67 Principal ~ou~: $41,~.~ Da~ of No~: Novem~r 23, 1994 PROMISE TO PAY. I p~l~ to ~ ~ ensign ~ ("Lender'), or o~, In I~1 mon~ ~ ~ ~lt~ StMes ~ America, t~ ~ncl~l am~nt ~ F~ One Thou~nd & ~1~ ~ft~ ($41~.~), t~ther ~th In.mM on t~ un. Id ~nclpM baM~e ~ N~em~r a3, 1~4, until pMd In ~11. ~e Inte~M rMe will ~t Incm~ e~ve PAYMENT. SuNect to ~ ~m~t ch~s m~lfing ~ cMn~ In the IM~, I ~11 ~ this ~ In ~co~ce wfih the ~l~lng ~ment 12 ~n~ve month~ p~ncl~l ~d Inte~ ~ment~ ~ ~ ~, ~glnnlng ~mber ~, 1~, with IntemM ~lculs~d on t~ un~d ~ncl~ ~la~es ~ an IMe~ ~e ~ 6~% per ~num; ~d ~ ~cullve monlh~ princl~ ~ Int~ ~nl; In the InMM ~ount M ~ ~h, ~nnlng ~cem~ ~, l~S, w~h In.mM ~ulM~ on un~d pdnd~ ~nces M ~ IntemM rM M 2.~ ~e~ ~IMs over the I~ deKd~d ~lw. ~ final ~ment will ~ d~ on NovwMr ~, ~19 ~d will ~ ~ il prlnclM md ~mM Intmd ~ yet Md, ~her Mth my other un~d wnM u~er this NMe. In~t on th~ H~ b ~mpu~ on e ~1~ simp~ in~t basis; t~t ~, ~th ~e ~Uon ~ ~d da~ in t~ fi~t payment ~, monthly inM~t is ~a~d by ~p~ ~ milo d t~ ann~l In~t m~ ~r a ~ ~ ~ da~, mu~pa~ by t~ o~n~ pd~pel ~len~, multipfl~ by month ~ ~ ~. I~t ~ tho ~d ~ ~ ~ule~ on the b~ d tho ecrm da~ to the ~ ful month end a ~y ~. I will ~y ~nd~ ~nd~s add~ sh~ ~ ~ ~t such ot~r ~ ~ Len~ ~y d~ In ~fl~. Un~ Mh~ ~g~d or required by eppfi~ble ~w, pa~en~ ~11 be applied ~t ~ ~ un~d in~t, t~n ~ pdflclp~, end ~fly m~iM~ amouM to eny un~id e~l~tion c~ and ~ c~. V~I~ I~T RA~. T~ InM~t mM on this N~ · subJ~ to c~ ~om fl~ to U~ ba~d on c~ In an In.pendent ind~ w~ch is tho W~kly e~ ~ld on the Unit~ ~ T~u~ ~ud~s. (~ ~nd~. ~e Ind~ Is n~ n~d~ the I~t rate che~ed by ~nd~ on I~ I~ns. If tho Ind~ ~m~ u~il~le dudng t~ ~ ~ th~ I~n, ~nd~ ~y d~na~ ~ subs~M Ind~ a~ n~ to me. ~n~r will ~11 me t~ cu~M Ind~ m~ upon ~ ~umt. I un~nd that ~nd~ ~y ~ke I~ ~ off M~ m~ u ~11. T~ i~t m~ chan~ ~11 not ~ur m~ ~n tMn Mch Y~r. ~e I~ cu~n~ la 6~% ~r annum. The Intem~t r~ ~ rM~ to ~ ~l~ ~ the un~d ~KI~I bal~ce ~ ~1~ NW will ~ the ~e or rMo ~t ~ ~ve In the 'P~t' ~. N~lWdlng any other pmvl~ of this NOM, v~ In~M rote or rde8 p~d~ Mr In ~1~ ~te will ~ ~b~ ~ the ~l~ng minimum a~ m~mum rde~ NO~CE: Under no circum~ will t~ in~t m~ on t~s N~ be IF~ then 6.~% ~r annum ~ m~ ~n t~ ~ M 12.~ ~r ~nnum ~ the m~mum enid by appli~le I&w. N~thsMn~ the abm p~ons, the ~imum i~ ~ d~ In t~ Inter m~ at any om time on th~ IMn will nM ~ 2~ p~n~ pdt. Un~ ~v~ ~ ~er, ~ In~ In ~ IW~ ~ will l~r~ tho ~oun~ M ~ ~mente. PR~AYM~T. I g~ t~f ~11Mn ~ end ot~ p~Md fi~ c~ em ~r~d ful~ ~ M the dam of the I~n and ~11 not be sub~ to ~und upon ~ ~yMnl (whM~r v~un~ ~ ~ · msuft ~ ~ufl), ~t es Mh~M ~ui~ by ~w. ~t ~ t~ fo~oing, f ~y pay ~thout ~n~ ell ~ B p~on ~ t~ amouM ~d ~dMr f~n It ~ dw. E~ paymen~ will nM, un~ ~ to by ~n~ In wdtl~, ~M~ ~ ~ my ~llgatlon lo contlnw ~ ~ke p~y~ un~r tM p~y~ K~duM. RMh~, thw will ~ the pdnc~r ba~n~ due end ~y result in ~ ~king LA~ CH~G~ If a payment is 16 ~e or more IM, I will ~ Q~d 6~% ~ the ~0ul~ ~h~uled ~m~t. DEFA~T. I ~11 be in dMault ff any of t~ f~[~ happe~: (e) I Mn to rake any ~nf w~n due. (b) I bM any proml~ I h~ ma~ to ~n~, or f MIl to p~m pm~ at the fi~ and st~ in the manor pr~d~ in thb N~ ~ ~ny egme~nt mleMd to th~ NoM, ~ in any ~g~nt or I~n I ~ Mth Lend~. (c) Any ~on ~ s~nt ~ M ~rnlshed ~ ~nd~ by me or on my be~lf is fM~ ~ mi~di~ in aW ma~Mf ~. (d) I die or bKOM In~nt, · ~M W ~oinMd ~ any ~ ~ my p~, I ~ke an asMgnment f~ t~ ~fit of cmdit~, 3 8~ p~i~ Is com~ ~ther by ~ ~ ~p~t me unM any benkrup~ ~ insd~ ~. (e) ~y cmdit~ t~ to ~ke any my pmp~ on or in wh~h Loner ~ · I~ or ~ud~ InM~. ~is I~lu~ n ~rn~h~M M 8~ M my ~oun~ ~th ~nder. (~ A~ of t~ ewnts ~d~d in t~s d~t ~on ~um Mth ~t to shy gu~nt~ ~ ~is N~. If any d~ult, other l~n 8 ~faufl in pe~ent, is curab~ and if I h~ not b~n g~n · n~ ~ a b~h M the ~ preen ~ this N~ ~thin the pr~edi~ ~el~ (12} mo~, it ~y ~ cu~ (end no Mnt of d~t ~11 haw ~u~d) g I, aM ~n9 ~flen n~M ~om Lender ~ndi~ cum M such d~uit: (a) cum the M~t wflhin fl~n (15) da~; or ~) H t~ cum ~ui~ m~ t~n fi~n (15) de~, immed~ iniUB~ s~ which Lento d~ms In ~nd~ sole d~on to be su~ent to c~ t~ ~ufl and t~r ~n~ ~nd compMM MI r~sonabM end n~ s~ps s~ent to pmd~ compfl~n~ es soon ~ ~soMb~ LENDER'S RIG.S. Upon ~Mufl, Len~r ~y, after g~ s~h n~ u ~ui~ by eppllMb~ law, ~m l~ entire un~id pd~ipal b~ on Ibis Note end all a~ru~ un.id intent immedia~ly due, and ~n I Mil poy that ~mount. ~nd~ may hire ~ ~y so~one el~ to ~lp ~1~ this N~e if I do not pay. r ~o will pay Lender t~f amount. ~is inclu~, sub~ to any imi~ und~ ~pl~b~ law, Loners aflorn~' ~ end ~ndM's ~el ~pens~ whMh~ ~ n~ t~m Is a ~uil, i~udino afl~' ~ end ~el ~ ~ ~nkmp~ p~di~s (i~udl~ ~ to m~l~ va~te any automatic sMy ~ inJu~ion), a~ls, end aW ent~ p~t-judgmnt c~lofl W. Il not prohibl~ by Bppl~eble I~w, I abe will pay 8ny ~ud Costs, in ~ddiflon to ell of~r sums prided by Mw. If Ju~ment Is enid in con--on with this No~, intent will continue to on this NO~ e~ }u~ment et t~ in~t re~ 8ppli~bM to this N~ et the time ju~ment is en~. This NMe h~ ~ dellve~ to Lender ~d ac~ ~ ~nder In the ~mo~lth of ~n~v~. If th~ is a I~wH, I ~me u~n ~er'8 ~uest ~ ~bmit ~ the Jud~lcfi~ of the ~uds of FranMIn ~n~, the ~mmo~lth of Penn.ranis. ~19 Note ~all ~ ~m~ ~ ~d ~nsl~ In ~o~m~ with the I~s ~ the ~wfih of ~nn~lvanie. RIG~ ~ SETO~. I gmnt to ~n~r · contmct~l p~o~ ~ud~ Int~est in, and h~by e~n, ;on~, delft, pl~ge, and trans~ to Lender ell my ~ht, fi~ and in.st in end to, my a~ounts ~th Len~r (w~t~r choking, MMV, ~ so~ ot~r a~ount), iKludin9 without liml~tion ali e~ounts ~rd joint~ wflh so~o~ el~ end all ~oun~ I may ~en in the futura, ~ludi~ h~ ell I~, ~h, end ~ust a~ounts. I euthod~ Len~r, to the ~nt ~rmi~ by ~pliMb~ MW, to ch~e ~ ~ all sums ~ing on this N~ e~lnst any and all such ~ATER~. Thb Note is wu~ by a M~e M~ N~m~ ~, 1~, to ~n~r on r~l pr~ I~ in CUMBER~N0 Coup. Commonw~lth ~ ~n~ven]a, all l~ Mrms and ~ndiflons M which em ~y i~porB~d and ma~ a pad M this NoM. - 11-23-1994 PROMISSORY NOTE Page 2 I.~,,n N~. (Continued) GENERN. PROVISIONS. Lend~' rnsy del''¥ or f~go nnfon~lng ~ny of Its ~tghts or mnledles under this Note v~thout losing Ihem. I ~,nd ~ny uthor peson who signs, guarantees Or endorses this Note, to the extent -llewed by Mw, waive pre6mlbnenl, denmnd for p~yment, protest and nouns of dishonor. Upon ''ny change In the tm'ms of this Note, nnd unless ofhoflvise exp~ sMtod In rotting, no pwty who signs this Note. whe~or ~s maker, guanmtor, nucommod,,Iton makro' Ior any length of fine) this loan, or ralense ,,ny p~rly or gumantor or colb,toml; or Inly, Mil to ~ upon or bengal Lender's security Int~-~,t In the colaleral; and Mira any ofhor ~llon deemed ~ne,~,~?__~,y by Umdor without the consent of or no~e to anyone. NI such pmtles also ngme Ihet Lender may modify this Io~n without the corment of or n~k~e to nnyone uther then the pmty with whom the modiflc~tion Is nmbe. PRIOR TO SIGNING THIS NOI'E, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARI,~tBL.E INTEREST RATE PROVISIONS. I AGREE TO THE f r.~/4S OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: Vi'll[~le Rate. Inltlllrnent. LAm=R PRO, Reg. U.S, Pit. & T.M. Off., VIi. 2.1 a (;) I I~. CFI FYOS~MC.I, Inc. NI rlghl! re$&'Ved. [PA-D20231 .LN R 1.0VLI VERIFICATION I, Betsy J. Smith, do hereby state on behalf of the Plaintiff that the statements of fact made in the foregoing Complaint are true and correct to the best of his personal knowledge, information and belief. The undersigned understands statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~4904, relating to unsworn falsification to authorities. Date uetsy J. Smi , ' s Orretown Bank March 23,2001 ROGER MELLOTT JR. Via Certified Mail - P. O. BOX 972 Return Receipt Requested OCEAN CITY, MD. 21843 and Regular U.S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an official notice that the mortgage on your home is in default1 and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pares. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see If HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions~ you may call the Pennsylvania Housing Finance Agency toll free at t-800-342-2397. (Persona with Impaired hearing can call (717) 780-1869). This Notice contains Important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area. The local bar association may be able to help you find a lawyer. EXHIBIT LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR El. PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ROGER MELLO'I-I' JR. PROPERTY ADDRESS: 42 RICHARD AVE SHIPPENSBURG, PA. 17257 LOAN ACCT. NO.: 1030002435 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER: ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTC-~GE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you ara entitled to a temporary stay of foraclosura on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a 'face-to-face' meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30! DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desiRnated consumer credit counselin.q a.qencies for the county in which the oroperty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TiME PERIODS SET FORTH IN THIS LE'I'I'ER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 42 RICAHRD AVE., SHIPPENSBURG, PA. 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: DEC.23R~)--~334.25,JAN.23RD--~334.25,FEB.23rm-$334.25, MARCH 23RD--$334.25 Other charges (explain/itemize): LATE FEES--S81.63 TOTAL AMOUNT PAST DUE: $1,418.63 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,418.63 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK ATI'N: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise its riRhts to accelerate the mortgal;e debL This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attomeys to start legal action to foreclose upon your mortea~3e oro;)ertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sher'~f to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that wore actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey's foes actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be re~3ulred to oav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cumcl the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and orevent the sale at any time ue to one hour before the Sheriff's Sale. You may do so by oavino the total amount then oast due. ;)lus any late or other chames then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as seecified in writin.q by the lender and by perrormin;I any other requirements under the mortoaoe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position aa if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the eadiest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orretown Bank Address: P.O. Box 250~ 77 East Kin9 Street Shippensbur;I, PA 17257 Phone Number: (7t7) 530-2661 Fax Number: (717) 532-4099 Contact Person: Betsy J. Smith EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, BETSY J. SMITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3a Street Harrisburg, PA 17102 Waynesbom, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg Adams County Housing Authority North 6t~ Street 139-143 Carlisle Street Harrisburg, P.A 17101 Gettysburg, PA 17325 (717) 234-5925 (717) 334-1518 Fax (717) 234-9459 Fax (717) 334-8326 Community Action Comm. of the Capital Region YWCA of Carlisle 1514 Derry Street 301 G Street Harrisburg, PA 17104 Carlisle, PA 17013 (717) 232-9757 (717) 243-3818 Fax (717) 234-2227 Fax (717) 731-9589 Bedford-Fulton Housing Services American Red Cress - Hanover Chapter RD #1, Box 354 529 Carlisle Street Everett, PA 15537 Hanover, PA 17331 (814) 623-9129 (717) 637-3768 Fax (814) 623-7187 Fax (717) 637-3294 Financial Services Unlimited 31 West 3~ Street Waynesboro, PA 17268 (717) 762-3285 Is your ~ completed on the reverse side? o~} .....,m iy- ~: ?OOO ~L?O O000 L~q 2349 . -~ ~ ~ ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : v. NO. 01-3065 CIVIL TERM ROGER R. MELLOTI' CIVIL ACTION - LAW Defendant IN MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY: Please re-instate the Complaint in the above captioned case. Respectfully Submitted, Date Esqu,~r~'re 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688