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HomeMy WebLinkAbout11-5760PERSUN & HEIM, P.C. Lloyd R. Persun, Esquire Identification No. 10139 1700 Bent Creek Boulevard P.O. Box 659 Mechanicsburg, PA 17055-0659 (717) 620-2440 (717) 620-2442 (fax) MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to Financial Trust Company, Plaintiff V. TOMMY L. HIPPENSTEEL DEBORAH S. HIPPENSTEEL, Defendants c7 r•.? C:- te ' ° r - ? `` --? cx IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.? Q ??. try 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 5) Carlisle, PA 17013 6&4 ?q-x7 (717) 249-3166 A.)q- 4?'J-dou PERSON & HEIM, P.C. Lloyd R. Persun, Esquire Identification No. 10139 1700 Bent Creek Boulevard P.O. Box 659 Mechanicsburg, PA 17055-0659 (717) 620-2440 (717) 620-2442 (fax) MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY, successor by merger CUMBERLAND COUNTY, PENNSYLVANIA to Financial Trust Company, Plaintiff v. DOCKET NO. TOMMY L. HIPPENSTEEL DEBORAH S. HIPPENSTEEL, Defendants COMPLAINT IN MORTGAGE FORECLOSURE I&L, AND NOW, this l 9 day of July, 2011, Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, by its attorneys files the following Complaint in Mortgage Foreclosure: Plaintiff is Manufacturers and Traders Trust Company, a New York banking institution which maintains offices at 1330 11th Avenue, Altoona, Pennsylvania 16601, and is successor by merger to Financial Trust Company. 2. Defendants are Tommy L. Hippensteel and Deborah S. Hippensteel, adult individuals who are husband and wife residing at 165 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. We RV, Inc. (the "Corporation") is a Pennsylvania corporation maintaining offices at 169 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 and, at times material hereto, was trading and doing business as Tom's Motor Sales. 4. At times material hereto, Defendants were officers of the Corporation. 5. On July 23, 1998, the Corporation executed a Promissory Note in favor of Plaintiff in the principal amount not exceeding Five Hundred Thousand Dollars ($500,000.00) (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A" and made a part hereof. The Note was payable on demand. 6. On July 23, 1998, Defendants executed a Commercial Guaranty (the "Guaranty") which inured to the benefit of Plaintiff as successor by merger to Financial Trust Company, whereby Defendants personally guaranteed payment and performance of all obligations of the Corporation under the Note. A true and correct copy of the Guaranty is attached hereto as Exhibit "B" and made a part hereof. 7. The payment and performance of the Corporation's obligations under the Note and Defendants' obligations under the Guaranty are secured by a lien created by an Open- End Mortgage executed by Defendants on July 23, 1998 and recorded on August 11, 1998 in the Cumberland County Recorder of Deeds Office in Record Book 1474, Page 774 (the "Mortgage") a true and correct copy of the Mortgage is attached hereto as Exhibit "C" and made a part hereof. 8. The Corporation executed and delivered the Note and Defendants executed and delivered the Guaranty and the Mortgage to Plaintiff in a commercial transaction, not a consumer credit transaction or a residential loan transaction. 2 9. The real property subject to the Mortgage is located at and known as 165 Texaco Road and 169 Texaco Road, Silver Spring Township, Cumberland County, Pennsylvania, having erected thereon a single family dwelling, a concrete block garage and steel fabricated repair shop and other improvements (the "Real Property") 10. On information and belief, the Corporation ceased operating as a going concern. Plaintiff demanded payment of the Note on March 4, 2011. The Corporation failed to make payment. 11. Defendants are in default under the Guaranty and the Mortgage by failing to make payment of the Corporation's obligations to Plaintiff as required by the Guaranty. Plaintiff made demand therefor upon Defendants on March 4, 2011. 12. On May 19, 2011, Plaintiff mailed to Defendants by first class mail, postage prepaid, Act 91 Notices because the Note and the Guaranty secured by a mortgage on their home is in default. Defendants did not arrange or attend a "face-to-face" meeting with a credit counseling agency within the time required in the Act 91 Notices. 13. As of July 8, 2011, the Indebtedness due Plaintiff under the Guaranty and secured by the Mortgage is $496,492.61, exclusive of attorneys' fees and expenses and costs of suit, computed as follows: Principal Interest Late charges Total $465,000.00 7,850.10 23,642.51 $496492.61 Interest continues to accrue after July 8, 2009 at the rate(s) provided in the Note. Attorneys' fees and expenses and costs of suit continue to accrue. 3 14. Plaintiff is entitled to Judgment in Mortgage Foreclosure. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Defendants in the amount of Four Hundred Ninety-Six Thousand Four Hundred Ninety-Two Dollars and Sixty-One Cents ($496,492.61) together with interest thereon after July 8, 2011 at the rates per annum provided in the Note, all attorneys' fees and expenses and all costs and other charges as provided in the Note, the Guaranty and the Mortgage and authorizing sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, "e /'P Lloyd R. Persun, Esquire I.D. No. 10139 Persun & Heim, P.C. 1700 Bent Creek Boulevard P.O. Box 659 Mechanicsburg, PA 17055-0659 (717) 620-2440 Attorneys for Plaintiff 4 VERIFICATION I, Keith P. Mangan, as a Vice President of Manufacturers and Traders Trust Company, have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that as such Vice President I am authorized to execute this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. PZ;M?Aangan Dated: July /( , 2011 23093v1 ???B?T ?? (Page 1 of 2) ?Fl F1'N'.3z1`v1Lf PROMISSORY NOTE Is t_5,4 (1 Principal Loan Date Maturity Loan No Call Collateral Account Officer Initials $500,000.00 07-23-1998 501 39H'Fl"" BB SEC L -2a64,m M83 References in the shaded area are for Lender's use only and do not limit the ap nr_fhis_documenl to any particular loan or item nRi.r_n.u -? Borrower: We R V Inc D/B/A Tom's Motor Sales Lender:l DOC Typg 165 Texaco Road i OBLGT T 1 -: - Mechanicsburg, PA 17055-2626 I _ COIMIMEIVT g _ - - DATE 1 Principal Amount: $500,000 00 Initial Rate: 9.500% - ly 23, 1998 PROMISE TO PAY We R V Inc D/B/A Tom's Motor Sales ("Borrower") promises to pay to Financial Trust Company ("Lender"), or order, in lawful money of the United States of America, on demand, the principal amount of Five Hundred Thousand & 001100 Dollars ($500,000 00) or so much as maybe outstanding, together with interest on the unpaid outstanding principal balance of each advance Interest shall be calculated from the dale of each advance until repayment of each advance PAYMENT Borrower will pay this loan immediately upon Lender's demand In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning September 15, 1998, with all subsequent interest payments to be due on the same day of each month after that The annual interest rate for this Note is computed on a 365/360 basis, that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges VARIABLE INTEREST RATE The interest rate on this Note is subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index") This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers This rate may or may not be the lowest rate available from Lender at any given time Lender will tell Borrower the current Index rate upon Borrower's request Borrower understands that Lender may make loans based on other rates as well The interest rate change will not occur more often than each DAY The index currently is 8 500% per annum The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1 000 percentage point over the Index, resulting in an initial rate of 9 500% per annum NOTICE Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law PREPAYMENT 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 of accrued unpaid interest Rather, they will reduce the principal balance due LATE CHARGE If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 5 000% of the regularly scheduled payment If Lender demands payment of this loan, and Borrower does not pay the loan within 15 days after Lender's demand, Borrower also will be charged 5 000% of the sum of the unpaid principal plus accrued unpaid interest DEFAULT Borrower will be in default if any of the following happens (a) Borrower fails to make any payment when due (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender (c) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished (d) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws (e) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or security interest This includes a garnishment of any of Borrower's accounts with Lender (f) Any guarantor dies or any of the other events described in this default section occurs with respect to any guarantor of this Note (g) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired (h) Lender in good faith deems itself insecure LENDER'S RIGHTS Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount Lender may hire or pay.someone else to help collect this Note if Borrower does not pay Borrower also will pay Lender that amount This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered This Note has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania This Note shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania RIGHT OF SETOFF Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts COLLATERAL This Note is secured by, in addition to any other collateral, a Mortgage dated July 23, 1998, to Lender on real property located to Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note LINE OF CREDIT This Note evidences a revolving line of credit Advances under this Note may be requested orally by Borrower or by an authorized person All oral requests shall be confirmed in writing on the day of the request All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above The following party or parties are authorized to request advances under the line of credit until Lender receives from Borrower at Lender's address shown above written notice of revocation of their authority Tommy L Hippensteel and Deborah S Hippensteel Borrower agrees to be liable for all sums either (a) advanced in accordance with the instructions of an authorized person or (b) credited to any of Borrower's accounts with Lender The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs Lender will have no obligation to advance funds under this Note if (a) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Note, (b) Borrower or any guarantor ceases doing business or is insolvent, (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender, (d) (Page 2 of 2) 07-23-1998 PROMISSORY NOTE Page 2 (Continued) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender, or (e) Lender in good faith deems itself insecure under this Note or any other agreement between Lender and Borrower LINE OF CREDIT ASSESSMENT The Bank, in its discretion, may charge the Undersigned an annuaf line of credit assessment The amount of the annual line of credit assessment is $100 00 and is subject to change GENERAL PROVISIONS This Note is payable on demand The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand 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 allowed by jaw, waive presentment, demand for payment, protest and notice of dishonor Upon any change in the terms of this Note, and unless otherwise expressly staled 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 Lender's security interest in the collateral, and take any other action deemed necessary by Lender without the consent of or notice to anyone All such parties also agree that Lender may modify this loan wilhoul the consent of or notice to anyone other than the party with whom the modification is made 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, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S 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 SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT 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, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED BORROWER We R V 19C DB/A Tom's Motor Sales AdA*M,1 . full A i- t (SEAL) BY Deborah S Hip leel re nUSecretary Vandble Rale Line of Credit LASER PRO, Reg U S Pal 6 T M Off , Ver 3 28(c)1998 CFI ProServices, Inc All rights reserved IPA-D20 HIPPENS LN C23 OVL) 0,--- -,-3 (Page 1 o 3) COMMERCIAL GUARANTY _3 rsf4 Principal Loan Date I 'Maturity Loan No Call Collateral, Account Officer I ?InNlals BB SEC -2"4U- MB3 References in the shooed area are for Lenders use only and do not limit the applicability of this document to any particular loan or dem Borrower: We R V Inc. D/B/A Tom's Motor Sales Lender: Financial Trust Company 165 Texaco Road Camp Hill Mechanicsburg, PA 17055-2626 9905 Trindle Road Camp Hill, PA 17011 Guarantor: Tommy L. Hippensteel and Deborah S. Hippensteel 165 Texaco Road Mechanicsburg, PA 17055-2526 AMOUNT OF GUARANTY. This Is a guaranty of payment of the Note, Including without limitation the principal Note amount of Five Hundred Thousand 6 001100 Dollars ($500,000.00). GUARANTY. For good and valuable consideration, Tommy L. Hippensleel and Deborah S. Hippensteel ("Guarantor") absolutely and unconditionally guarantee and promise to pay, jointly and severally, to Financial Trust Company ("Lender") or Its order, on demand, In legal tender of the Unlled States of America, the Indebtedness (as that term is defined below) of We R V Inc. D/WA Tom's Motor Sales ("Borrower") to Lender on the terms and conditions set forth in Ihis Guaranty. DEFINITIONS. The tohowing words shall have the following meanings when used in Ibis Guaranty: Borrower. The word'9orrowe' means We R V Inc. D/B/A Tom's Motor Sales. Guarantor. The word "Guarantor" means Tommy L. Hippensteel and Deborah S. Wppensleel, who are signing this Guaranty jointly and severally. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor lot the benefit of Lender dated July 23, 1998. Indebtedness. The word "Indebtedness" means the Note, including (a) all principal, (b) all interest, (c) all late charges, (d) all loan tees and loan charges, and (e) all collection costs and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses include without limitation all of Lenders allornays' lees and Lenders legal expenses, whether or not suit is instituted, and attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Lender. The word "Lender" means Financial Trust Company, Its successors and assigns. Note. The word 'Nola' means the promissory note or credit egreemenl dated July 23, 1998, in the original principal amount of $500,000,00 from Borrower 10 Lender. together with all renewals of, extensions of, modifications 01, fehhanCings of, consolidations Of. and substitutions for the promissory note or agreement. Notice to Guarantor: The Note evidences a revolving fine of credit from Lender to Borrower. Related Documents. The words 'Aeleled Documents' mean and include without limitation all promissory notes, credit agreemanLS, loan agreements, environmental agreements, guaranties. security agreements, mixlgeges, deeds of trust, and all other inslrurnenls, agreements and documents, whether now or hereafter existing, executed in connection with me Indebtedness. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described above, plus all costs and expenses of (a) enforcement of this Guaranty and (b) coliection and agile of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties Irom Guarantor, the rights of Lender under an guaranties shall be cumulative. This Guaranty shall not (umess specifically Provided below to the contrary) affect or invalidate any sucn other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other untermihaled guaranties. NATURE OF GUARANTY. Guarantor intends to guarantee al all limes The performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of eh Indebtedness within the limits set firth in the preceding section of this Guaranty. This Guaranty covers a revolving fine of credit and guarantor understands and agrees that this guarantee shall be open and continuous until the line of credit Is terminated and the Indebtedness Is paid in full, as provided below. The Obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors individually, against any group of Guarantors, or against all the Guarantors In one action, without affecting the right of Lender to proceed against other Guarantors tot amounts that are covered by this Guaranty. Any inabitly of Lender to proceed against any Guarantor (whether caused by actions of a Guarantor or of Lender) will nor effect Lenders right to proceed against any or all remaining Guarantors for all or part of the amounts covered by this Guaranty. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in lull force until all Indebtedness shall have been fully and finally paid and satisfied and all other obligations of Guarantor under Ihis Guaranty shall have been performed in full. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the labilily of Guarantor under this Guaranly. A revocation received by Lender from any one or more Guarantors shall not affect the liability of any remaining Guarantors under Ibis Guaranty. This Guaranty covers a revolving line of credit and 11 is specifically anticipated that fluctuations will occur In the aggregate amount or Indebtedness owing from Borrower to Lender. Guarantor specifically acknowledges and agrees trial fluctuations in the amount of Indebtedness, even to zero dollars (S 0.00), shall nor constitute a termination of this Guaranty. Guarantor's liability under this Guaranty shalt terminate only upon (a) termination in writing by Borrower and Lender of the tine of credit, (b) payment of the Indebtedness in full in legal lender, and (c) payment In full In legal tender of all other obligations of Guarantor under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: la) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (b) to alter, compromise, renew, extend, accelerate, or otherwise change one or more limes the time for payment or other terms of the Indebtedness or any pail of the Indebtedness, Including Increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (c) to lake and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, tall or decide not to perfect, and release any such security, with or without the substitution of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; le) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (1) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the connnrolling security agreement or deed of trust, as Lender In Its discretion may determine; (g) to sell, transfer, assign, or grant 07-23-1998 COMMERCIAL GUARANTY Page 2 (Continued) participations In all or any pan of the Indebtedness; and (h) to assign or transfer this Guaranty In whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements of any kind have been made to Guarantor which would limit or quality in any way the terms of this Guaranty; (b) this Guaranty is executed al Borrower's request and not at the request of Lender; (c) Guarantor has full power, right and authority to enter into this Guarenly; (d) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor, (e) Guarantor has not and will no:, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any inlwasl therein, (1) upon Lenders request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present the financial Condition of Guarantor as of the dales the financial information is provioed; (g) no material adverse change has occurred in Guarantor's financial condition since the data of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding or similar action (including those lot unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (j) Guarantor has established adequate means of obulning from Borrower on a continuing basis information regarding Borrower's financial condition, Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any inlormegon or documents acquired by Lender in the course of Its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) to continue lending money or to extend other credit to Borrower; (b) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related Id any collateral, or notice of any action or nonfiction on The pan of Borrower, Lender, any surely, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) to Jason for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (d) Id proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and place of any public or private sale of personal properly security hold by Lender from Borrower or to comply with any other applicable provisions of The Uniform Commercial Code, (1) to pursue any other remedy within Lender's power; or (g) to commit any act or omission of any kind. or at any lime, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses arising by lesson of (a) any "one action" or -anti-deficiency' low or any other law which may prevent Lender from bringing any action, including a dean for deficrency, against Guarantor, before or after Lenders commencemenl or completion of any foreclosure action, either judicially or by exercise of a power Of sale; (b) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reunbursemanf, including without limitation, any loss of rights Guarantor may suffer by reason of any low limilirg, qualifying, or discharging the Indebtedness; (c) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in lull .in legal lender, of the Indebtedness; (d) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for Ina Indebtedness; (e) any statute of limitations, if at any lime any action or suit brought by Lender against Guarantor is commenced there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in equity other than actual payment and parlamance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party. on the Indebtedness and thereafter Lender is forced to remil the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any lederal or stale bankruptcy law or Jaw for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any lime any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand. recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's lull knowledge of its Significance and consequences and Joel, under the circumstances, the waivers are reasonable and not contrary to public policy or law. II any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by taw, a contractual security interest in and a right of setoff against, and Guarantor hereby assigns, conveys, delivers, pledges, and transfers to Lender all of Guarantor's right, title and interest in and to, all deposits, moneys, securities and other property of Guarantor now or hereafter to the possession of or on deposit with Lender, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to Guarantor. No security interest or right or setoff shelf be deemed to have been waived by any act or conduct on the pan of Lender or by any neglect to exercise such right of setoff or to enforce such security interest or by any delay in so doing. Every right of Seidl and socunfy interest shall continue in full force and effect until such right of setoff or security interest is specifically waived or released by an instrument in writing executed by Lender. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that me Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be prior to any claim That Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the essels of Borrower, through bankruptcy,' by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, file assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to me Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shelf be effective only for the purpose of assuring to Lender full payment in legal lender of Ina Indebletlness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked wilh a legend that The same are subject to this Guaranty and shalt be delivered to Lender. Guarantor agrees, and Lender hereby is authorized, to the name of Guarantor, from lime to lime to execute and foie financing statements and continuation statements and to execute such oilier documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce Its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the mailers set forth in INS Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Lew. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania- If there is a (Page 2 of 3) (Page 3 of 3) 07-23-1998 COMMERCIAL GUARANTY Page 3 11 (Continued) lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. This Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Anomeys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' lees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lander may pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enlacement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' lees and legal expenses for bankruptcy proceedings (and including effort to modify or vacate any automatic slay or injunction), appeals, and any anticipated pcsl-judgment collection services. Guarantor also shall pay all court costs and such additional lees as may be directed by the court. Notices. All notices required to be given by either party to the other under this Guaranty shall be in writing, may be sent by teletacsimae (urxess otherwise required by taw), and shall be effective when actually delivered or when deposited with a nationally recognized overrughl couner, or when deposited in the United States mail, first class postage prepaid, addressed to the parry to whom the notice is io be given at the address shown above or to such Other addresses as either party may designate to the other in writing. It there is more than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there Is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower' and 'Guaranto' respectively shall mean all and any one or more of them. The words "Guarantor' "Borrower," and 'lender' include the heirs, successors, assigns, and transferees of each of them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance, such finding shall not (under that provision invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty in all other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations or partnerships, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors. partners, or agents acting or purporting to act on their behalf, and any Indebtedness made or created in reliance upon Ine professed exercise of such powers shall be guaranteed under this Guaranty. Weever. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the, pad of Lender in exercising any right shell operate as a waiver of such right or any other right, A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand sincl comphanoe with thf l provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, 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. CONFESSION OF JUDGMENT. GUARANTOR 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 GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S 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 (SSW) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR 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 GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED 'DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JULY 23, 11198. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARANTOR: x_? ?'°-_ tom) x Tommy L. HlppensteN Deborah S. Hlppene eat (SEAL) LASER U.Rep.V.S.Pat.6T.M.Off..Var.0.2a(c)Idea CFI Pros-es,lm. Ale rlan is reserve a.IPA-E20HIPPENS. LN C20.OVLI )qH3 (Page 1 of 15) WHEN RECORDED MAIL TO: Financial Trust Company ' 0 Keystone Loan Operations ATTN: Collateral Oepl. 130 Court Street, Po Box 3187 Williamsport, PA 17701 '98 RUG I1 Po9 11 'f0 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES THIS MORTGAGE IS DATED JULY 23, 1998, between Tommy L. Hippensteel and Deborah S. Hlppensteel, whose address is 165 Texaco Road, Mechanicsburg, PA 17055-2626 (referred to below as "Grantor"); and Financial Trust Company, whose address is 3805 Trindle Road, Camp Hill, PA 17011 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, sselpxa, transfers, releases, confirms and mortgages to Lender all of Grantor's right, tine, and interest in and to the following described reel property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, heredilaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in unities with ditch or irrigation rights); and all other rights, royalties, and profits retailing to the real property, including without fimnanon all minerals, oil, gas, geothermal and similar matters, located in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"): SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE The Real Property or its address is commonly known as 165 & 169 Texaco Road, Mechanicsburg, PA 17055-2626. Grantor presently assigns to Lender all of Grantor's right, fine, and interest in and to all losses 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. DEFINITIONS. The following words shall have the following meanings when used in this mortgage. Terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code. NI references to dollar amounts shall mean amounts in lawful money of the United States of America. Borrower. The word "Borrower" means each and every person or entity signing the Note, including without firri tenon We R v inc. D/B/A Tom's Motor Sales. Grantor. The word "Grantor' means any and all persons and entities executing this Mortgage, including without limitation all Grantors named above. The Grantor is the mortgagor under this Mortgage. Any Grantor who signs this Mortgage, but does not sign the Note, is signing this Mortgage only to grant and convey that Grantor's interest in the Real Property and to grant a security Interest in Grantor's interest in the Rents and Personal Property to Lender and is not personally liable under the Note except as otherwise provided by contract or law. Guarantor. The word "Guaranto' means and includes without limitatlon each and an of the guarantors, sureties, and accommodation parties In connection with the Indebtedness. Improvements. The word Improvements" means and includes without limitation all existing and future improvements, bufidings, structures, mobile homes affixed on the Real Properly, factures, additions, replacements and other construction on the Reel Property. indebtedness. The word "Indebtedness' means all principal up to $500,000.00 outstanding under the Note at any time and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with Interest on such amounts as provided In this Mortgage. In addition to the Note, the word Indebtedness" includes all obligations, debts and liabilities, plus Interest thereon, of Borrower to Lender, or any one or more of them, as wen as all claims by Lender against Borrower, or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Nola, whether voluntary or otherwise, whether due or not due, absolute or contingent, liquidated or unliguidated and whether Borrower may be liable individually or jointly with others, whether obligated as guarantor or otherwise, and whether recovery upon such Indebtedness may be or hereafter may become barrad.by nrq statute of limitations, and whether such Indebtedness may be or hereafter may become otherwise unenforceable. (Initial Here j.a ::.- 1 Specifically, without IkniUMM, this Mortgage accurate a revolving line of credit, which obllgdes Leader to make advances to Borrower unless Borrower leas to comply with all the terms of the Note. The liens and security Interests creedal pursuant to this Mortgage covering the Indebtedness which may be created In the nature shall relate back to the date of this Mortgage. Lender. The word lender" means Financial Trust Company, Its auCCaSSO S and assigns. The Lender Is the mortgagee under this Mortgage. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and Includes without limitation all assignments and security Interest provisions relating to the Personal Property and Rents. Nola. The word "Nola" means the promissory note or credit agreement dated July 23, 1998, in the original principal amount of $500,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreamenl. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Propert' mean all equipment, fixtures, and other articles of personal property now or hereafter owned egoK1474rA% ;774 (V )I Z,7 (Page 2 of 15) 07-23-1998 MORTGAGE Page 2 (Continued) by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, pads, and additions to, all replacements of, and all substitutions for, any of such property; end together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word 'Property' means colledttvaly the Real Property and the Personal Property. Reel Property. The words "Real Propert' mean the property, interests and rights described above in the "Grant of Mortgage" section. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, 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. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency' low, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor and Borrower agree that Grantor's possession and use of the Property shell be governed by the following provisions: Posseaelon and Use. Unfit in detauti, Grantor may remain In possession and control of and operate and manage the Property and collect the Rents from the Property. Duty to Maintain. Grantor shell maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Subetrlc m The terms "hazardous waste," 'him clous substance; "disposal," 'release,' and 'Mreatened release; as used in this Mortgage, shall have the same meanings as set forth in 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, rubs, or regulations adopted pursuant to any of the foregoing. The forms "hazardous waste' and "hazardous substance" shall also Include, without Imitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownersNp of the Property, them has been no use, generation, manufacture, storage, Ireatment, disposal, release or threatened release of any hazardous waste or substance by any poison on, under, about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (1) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (it) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as prevlousty discbsad to and acknowledged by Lender in writing, (t) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Property and (it) any such so" shell be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Grantor aWhonzis Lender and its agents to enter upon the Property to make such Inspections and tarts, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes orgy 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 waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against Lender for indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or sutler resulting from a breech of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provision of this section of the Mortgage, including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the Ilen of this Mortgage and shell not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor stall not cause, conduct or permit any nuisance car comma, permit, or sutler any stripping of or waste on or to the Property or any portion of the Property. Without uniting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any amber, minor" (including oil and gas), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvements. Grantor shell not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in shed, of all governmental authorities applicable to the use or occupancy of the Property, Including without imitation, the Americans With Disablities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lander may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. BOOK1474rack.775 (Page 3 of 15) 07-23.1998 MORTGAGE Page 3 (Continued) Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lander may, at its option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Reel Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Properly or any right, title or interest therein; whether legal, bensfical or egWlabie; whether voluntary or involuntary; whether by ouMght sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding tills to the Real Property, or by any other method of conveyance of Real Properly interest, If any Grantor is a corporation, partnership or Ilmlted liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of Grantor. However, this option shall not be exercised by Lender If such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the texas and liens on the Property are a 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 all liens having priority over or equal to the interest of Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as otherwise provided In the following 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 Properly is not jeopardized. If a hen arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the Ion arises or, If a Hen Is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the ban, or If requested by Lander, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the hen plus any costs and attorneys' lees 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 Lander and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lander as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shalt upon demand furnish to Lender satisfacory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lander 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 servioas are furnished, or any materiels are supplied to the Property, d any mechanic's lien, matertelmon's lion, or other lien could be asserted on account of the work, services, or materiels and the cost exceeds 15,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage. Maintenance of Insurance. Grantor shell procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Reel Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shell also procure and maintain comprehensive general liability insurance in such coverage amounts as Larder may request with Lender being named as additional insureds in such fiabaty 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 maimum of ten (10) days' prior written notice to Under and not conteining any disclaimer or the insurer's liability for font" 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 defaull of Grantor or any other person. Should the Reel Property at any bme become located In an area designated by the Director of the Federal Emergency Management Agency as a spacial food heard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance of the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Under, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shell promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds 1500.00. Lender may make proof of loss It Grantor fells to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Under may, at its election, apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Properly, or the restoration and repair of the Property. If Under 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 satMaclory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration it Grantor Is not in default under Ihls Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Under 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. Unexpired Insurance at Sate. Any unexpired insurance shalt inure to the benefit of, and pass to, the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale hold under the provisions of this Mortgage, or at any foreclosure sale of such Property. Grantor's Report an Insurance. Upon request of Under, however not more then once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (a) the name of the insurer, (b) the risks insured; (c) the amount of the policy, (d) the property Insured, the then current replacement value of such property, and the manner of determining that value; and (e) 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. EXPENDITURES BY LENDER. If Grantor falls to comply with any provision of this Mortgage, or If any action or proceeding is commenced that would materially affect Larders Interests in the Property, Lender on Grantor's behalf may, but shell not be required to, lake any action that Lender deems appropriate. Any amount that Lender expands in so doing will bear Interest at the rate provided for in the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's 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 () the term of any applicable insurance policy or 01) the remaining term of the Note, or (c) be treated as a balloon payment which will be clue and payable at the Note's maturity. This Mortgage also will secure payment of these amounts. The rights provided for In this paragraph shall be in addition to any other rights or any remedies to which Lender may be enfitted on account of the default. Any such action by Under shall not be construed as curing the default so as to bar Lander from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of tht5god 74PA64 .776 Title. Grantor warrants that: (a) Grantor holds good and marketable flee of record to the Property. in fee simple, free and dear of all liens and (Page 4 of 15) 07-23-1998 MORTGAGE Page 4 (Continued) encumbrances other than those set forth in the Reel Property description or in any Ode insurance policy, title report, or final Iftte opinion issued In favor of, and accepted by, Lender In connection with this Mortgage, and (b) Grantor has the full fight, power, and authority to execute and deliver this Mortgage to Lender. Delense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title 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 Grenlors expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage. Application of Net Proceeds. If all or any part at 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 riot proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The nel proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. Proceedings. If any proceeding In condemnation is filed. Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in tote proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lander such instruments as may be requested by it from time to time to permit such participation. 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: Current 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 Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expeneae incurred in recording, peAacarg 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 conlsfitule lazes to which this section applies: (a) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage: (b) a specific lax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a lax on this typo of Mortgage chargeable against the Lender or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. 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 (as defined below), and Lender may exercise any or all of its available remedies for an Event of Defeuxt as provided below unless Grantor either (a) pays the tax before If becomes delinquent, or (b) contests the lac as provided above in the Taxes and Uens section and deposits with Lender cash or a sufficient corporate sway 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 at the Property constitutes tortures or other personal property, and Lender shag 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 execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Larder may, at any time and without further authorirallon from Grantor, file executed counterparts, copies or reproductions of this mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall assemble the Personal Property In a manner and at a place reasonably convergent to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), from which Inlormabon 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; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-In-tact am a pan of this Mortgage. Further Assurances. At any One, and from fime to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made. executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be bled, recorded, refilled, or rerecorded, as the case may be, at such limes 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, compete, perfect, continue, or preserve (a) the obligations of Grantor and Borrower under the Note, this Mortgage, and the Related Documents, and (b) the bans and security interests created by INS Mortgage as first and prior bens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to the contrary by Lender In writing, Grantor shall reimburse Lender for all costs and expenses incurred In connection with the matters referred to In this paragraph. Attorney-In.Fact. 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 appoints Lender as Grantor's allomey-4ro-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lenders sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise parlors all the obligations Imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a sultabie satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Landers 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. DEFAULT, Each of the following, at the option of Lender, shag constitute an event of default (Event of Deffeur) under this Mortgage: Default on Indebtedness. Failure of Borrower to make any payment when due on the Indabledness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for hum or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. eood474 rAGL .777 (Page 5 of 15) 07-23-1996 MORTGAGE Page 5 (Continued) ' Compliance Default. Failure of Grantor or Borrower to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or in any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor or Borrower under this Mortgage, the Note or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished. Defective CWlaterallantlon. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral documents to create a valid and perfected security interest or lien) at any time and tar any reason. Insolvency. The dissolution or ferrrination of Grantor or Borrower's existence as a going business, the insolvency of Grantor or Borrower, the appointment of a receiver for any part of Grantor or 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 Grantor or Borrower. Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, seff-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, this subsection shell not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefetture proceeding, provided that Grantor gloss Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. Breach of Other Agreement. Any breach by Grantor or Borrower under the terms of any other agreement between Grantor or Borrower 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 or Borrower 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 materiel adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender In good faith deems itself insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender, at its option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by low: Accelerate Indebtedness. Subject to applicable law, Lender shall have the right at Its option without notice to Borrower to declare the enfire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lander shall have the right, without notice to Grantor or Borrower, to lake possession of the Property and 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 at this right, Lender may require any tenant or other user of the Property to make payments of rent or use tees directly to Lender. If the Rents are collected by Lender, then Grantor imi vocably designates Lender as Grantor's abornoHn-fact 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 Lenders demand shall satisly 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. Lander shall have the right to have it reoefver 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. Lenders right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by e substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lander may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record In the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign 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, "tialclaf Sale. If permitted by applicable law, Lender may foreclose Grantors interest in all or in any part of the Personal Property or the Real Property by nonjudidel sale. Deficiency Judgment. Lander may obtain a judgment for any deficiency remaining in the Indebtedness due to Lander after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property Is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shalt become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lenders option, either (a) pay a reasonable rental for the use of the Property, or (b) vaeaie the Property immediately upon the demand of Lender. Other Remedies. Lander shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Properly. To the extent permitted by applicable low, Grantor or Borrower hereby waive any and all right to have the property marshaled. In exercising its rights and remedies, Lender shall be free to sea all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time attar which any private sale or other intended disposition of the Personal Property Is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Wdver, Election of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lander to pursue any remedy shall not exclude pursue of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor or Borrower under this Mortgage after failure of Grantor or Borrower to perform shall not affect Lender's right to declare a default and exercise its remedies under this g00N U74 PACE' .778 (Page 6 of 15) 07-23-1998 MORTGAGE Page 6 (Continued) Mortgage. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shell be entihetl to recover such sum as the court may adjudge reasonable as attorneys' lees at hial and on any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Lender 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 pert of the Indebtedness payable on demand and shall beer interest from the date of expenditure until repaid at the rate provided for in the Note. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' leas and Lenders legal expenses whether or not there is a lawsuit, including attorneys' less for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals and any anticipated post-judgmenl collection services, the cost of searching records, obtaining tine reports (including foreclosure reports), surveyors' reports, and appraisal fees, and We insurance, to the extent permitted by applicable law. Borrower also will pay any court casts, in addition to all other sums provided by law. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in writing, may be sent by telefacslmile (unless otherwise required by law), and shell be effective when actually delivered, or when deposited with a rationally recognized overnight courier, or, If mailed, shall be deemed alladive when deposited In the United States mail fist class, certified or registered mail, postage prepaid, directed to the addresses 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 part's address. All copies of notices of foreclosure from the holder of any Nan which has priority over this Mortgage, end notices pursuant 42 Pe. C.S.A. Section 8143, of seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantors current address. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage Amendments. This Mortgage, together wilh any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No aneretion 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 alteration or amendment. Annual Reports. If the Property is used for purposes other then Grantors residence, Grantor shell furnish to Lender, upon request, a certified statement of not operating income received from the Property during Grantors previous fiscal year in such form and deoll as Lender sham require. "Nei operating income' shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Applicable Low. This Mortgage has been delivered to Lender and accepted by Lander in the Commomveelln of Pennsylvania. This Mortgage sin be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 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. Merger. There sham 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. Multiple Parties; Corporate Authority. All obligations of Grantor and Borrower under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor, and am references to Borrower shall mean each and every Borrower. This means that each of the persons signing below is responsible for all obligations in this Mortgage. Severabillty. If a court of competent jurisdiction finds any provision of this Mortgage to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, If the offending provision cannot be so modified, it shall be stricken and all other provisions of this Mortgage in all other respects sham remain valid and enforceable. Successors and Assigns. Subject to the limitations slated in this Mortgage on transfer of Grantors interest, this Mortgage snail be binding upon and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested in a person other then Grantor, Lender, without notice to Grantor, may deal with Grantors successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time IS of the Essence. Time is of the essence in the performance of this Mortgage. Walvers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shalt operate as a waiver of such right or any other right. A waiver by any party of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Grantor or Borrower, shall constitute a waiver of any of Landers rights or any of Grantor or Borrowers obligations as to any future transactions. Whenever consent by Lander is required In 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. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GRANTOR. Q %z?XA'ae%+ '' _ _..---•(5'EA!') %'".: -' b=. ,( Tommy F. Hlpponsteel Deborah S. I r n eel Signed, gad and red In nce of: x x eooKU 74 racE i' (Page 7 of 15) OI-23.1998 MORTGAGE Page 7 (Continued) CERTIFICATE OF RESIDENCE I hereby oerlify, that the precise address of the mortgagee, Financial Trust Company, herein is as follows: 9805 Trlndle Road, Camp Nil, PA 17011 An-y %g-t Iv Madcap, INDIVIDUAL ACKNOWLEDGMENT CT>P -0 d, STATE OF 144Q K ) COUNTY OF ()eu Nl a ^ IQ ot ) On this, the d 3 day of 1916 , before me 0JAVA f-ifJN undersigned Notary Public, personally appeared TitCn? L. Rppenskel and Deborah S. fppenstsel, known to nis (or selMa person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpbses 1Nal In witness whereof, I hereunto set my frond r.. NOWW Saw K'im' y GA Ann Myers, Nobly PWOC Mamptlan Twp., cumbarlard County .. My CommbMon E1111Irw Nov, S. 2001 No Public in and for the Ste 11 LASER PRO, Rae. U.S. Pal. A T.M. $OOK1474FACE ;780 E I (a' EXHI817 "A" TRACT 11 PAUCKI. 140. 1 ALL THAT CERTAIN house and Lot. of Ground ::i1.u.,Lr 'ro,nzo,ip of Sl lute Spr fog, Gounty of Cmtbcrland and SLate of I'c0noylva ni., bounded and described as follows, Lo wit: BEGINNING aL n point an the center line of Township (load. T-58), which point is North 1,6 degrees 30 minutes East. , 2.01 A feel from point w,a ra the center lino of 7own5hip ]load, T-58) inLarw ct6 wiLh the center lino of L. R. 21017, said point being also at corner of other lands of the grantors herein; thence alone; Township Road, 'f-583, North 46 dog.... )O m1ruLOS East, a distance or fccL to a point; thence .long land formerly of Lona ,. Nart,, now or formerly of Reuben P. Swaim, aL _. South 43 dagroos 30 minute. EasL, a distance of 200 feet to . point; thence .loty; other land ow or formerly of Lena (; . Hart, South 46 degrees )U minutes went, 95 font Lv a point, in tin: Line of said other lindn of the rrant,or. herein, ,furc,ncnI,ione,t; thence along other land of the grantors herein, being Traci No. 2 hercinarl,- doseribed, North 43 degree-. )0 m nnLas veal., a-d,..Lauce of 200 I'cet to a point in the center line or Tounchip Road, T-583, Lhc On— of BEGINNING. HAVING thereon erected a single family dwcllily, VEING the same promises hieh Relent Gouab•uctian Company, eL al, by Daad Ua cad Fa bruary 15, 196 If, and recorded iu the Off of the Recorder of Dead. in and for Cumberlond Gounty, Pennsylvania, in Uocd back Volume 22, of Paga 5, granted and conveyed u.LO Paul It. Illppnnstee1 and Sarah IILppCn54Ce1, 0160 known as aural, U. Ili ppmisLccl, his wife, the grantors bore in. PARCEL NO. ALL THAT CBRTAIN piece or parcel or land ultuate in the Township of Silver Spring County of Gum b.rland and State of Pennsylvania, more particularly boundod and described as follows, to wit: OEGINNING at a point in the c..Lar it.. of the Township Road, T-58), known a. Texaco Road, which said pn).nt is in the dlvi.ion line b¢ ..an Loco He.. 5 and 5-A on he bare inal'Lc. m-Lionef Plnn of Lots; Lhonco oxtandinG along the center line of To,mship Itond, T-563, known as Texaco Road, North 46 dcgrcce 10 minutes lase., 10 feat to a point at a of lot of Paul It. NippensLoel and Sarah Itippen.Leel, his Wit., now conveyed herein Ln Tavny L. Il.pfensLCOl and Deborah S. Hipp. natoe 1, his wife, the came h'inf: 11.r•:cl No. 1 nereinabove daacri bed; "hence ..LCOdinr, along the line or P:,rcel Nu. 1 horcina,ova dascribed, .'soot, 4) dc(trcc. 30 m Inote.: 700 f-1. to a pn)nL; chance Sout.l, 46 degree;; )0 minuLC::WcsL, 10 (cue to ;, poiOL in the division Line hot-n. Lots No.. 5 and 5-A on Lhc hcre- inaftar mentioned Plan of Lots first above ecol.ianod; Lhcocc cxtendf M, 'long Lho diva :Son line be Lwecn Lnl.o No.— 5 un 5- caid Plan, North L) degrees 30 minutes [test, 200 fucl. to a pug nt in ibe center line of the p,lbl is Township Road, 7-58), known a:: Tense Road, .L the point and place of UIGINNLNC. BEING Lot No. 5-4 on the Final Subdivision Plan for Pont 1 nippa..teal, which said flan to recorded in the Cumb,e",u) Gounty A...rdor'. Ottic. in Plan Bock , at P.gc BEINC a Part of the name promisee whits Kcnnoth Ilart, ExCCULor 1 Q3,i I /i < a of the ..late of Lana G. It rt, at a1, by their Dead d.tad November tr •.l,r. .?`v ?f t" 26, 1965, and recorded in Office of the Ita..1dor of peed. in and /r?•l q- for Cla.berla now County, Pennsylvania, in Dead Dook "U", Volume 7. 1, ••.? +w' t ply ' oc par ¢ 1034, era nt ed and convc Ycd unto Puul It. IIi I.Fx:nsl,,:Ol un,l -- -'""" u".rah D. Ilippmm Gaol, his wife, th. Grantor. h.r. in. 'yc?1j 1 y? a_ This conveyance 15 between parent and child, Lilt grnotnrs herein being the natural parents of Tommy L. Ilippenstecl, one of Lhc gran6c•ca .M herein. ,???. TRACT / 2? Q N ALL THAT CERTAIN tract of fond al [acct In Fllvrr Sprint Townahlp, LUnberland County, Pnnnsylveni D, nom pn rllcu lnr ly hounded eon dracrlbed a. follows, to wits DRGIIHIING at e'palnt ln'thn aidd)r of Tawn.hip nond T- Sol «hrrr 1t O`-. r intor¢rets wl th the on. ter lion of .t etr Illnh«ey L.R. 2)O1Jr [honer , elOnt the erntrr linr of r<wnshln natP T-Sol rlnrth IA deter vn 10 minutre Fast., a dlxtnneu at- two hundrml ervrnty-seven end rLOh ev c O. a+ hundredths (277.RO) fret; thrum al Ong land no« rr formerly of . J A Totally L. Illppensto.el, at ux, South 43 degrees 30 minute. I: not. a n' dffstaner of two hundred (200) feet, thence .loon ).nd - or fo-rly Co ^? C U o Kr non tll K. Ilarf, Faulh 11 drrlre. 30 min„rrn Wrnt, n nlnCnncr of I +O foci LCrn and erventy-six hu„d rndchO i11.7fi) (art; then c.• r rlnui n.. Ts el0nn land now Or f?rlm?rlY Of the ..I0 Keonnth 1'. hart on"al.ndn of rw'^ ? m?? I the Gran tale hrmin SOUth J7, Ilrn tern 30 elnllrrn -.r_ 0 ril6ranrl aC to C W I twenty-thrre and nightern hundmdthe (23.1n) free. to a poln r; thence .C C o a mntlnuln0 along In n.ln Of rM Grnn torn hrrtin North 67 drvlrrr:: Jn to Q 1 minutve 44.ct. a diet ¢ncr of thirty-two and twenty-omt 11un,lmncl,r. '?- i •a 1]2.11) frr t; thence :Ouch PC drtrrna 21 mi,nltrn lens[, o rllntanrc F i E Cfty-flvo end rlphty-right hundrr•dtha (55.en) fret and no„[h c - 32 degrees 30 minutco Wret, o distoncr OC one I,u ndzed Cort,Y-nrven end C •"' - ai9hty-arven hundredths (117,07) fret to -¢ point in an" Illnhway G+ Y.R. 71017; thence North 57 drgrens In minutes West, n Jictancr of -- hundred eighty-[been i end twenty-oar hundredths 1103.21) feet to y Pont, the plncr of OGG1HtIINr.. Imnrcvrd null n cane,',,, black ° -' O anrmge and atrrl-fabrlceted repair shop. 1O p .n U (n U Cr nEINC. n pert of the same promiaca whlelr KCnnnth X. Ilnrt. ? •xcruvor Of the Retate of Len. G. llnrt, and Krnnetl, K. llnrt, WirI-r, hy hl,, deed dated NOvembrr 26, 1965, end recorded In nar nook ^II volnac 21, Paon 1011 in the Combat) Cohn ey ne rnrdCZ-of Per,.. OC11 ee, and j treated and conveyed unto Paul R. Ilipprnetrrl and Sarah D. ulpprnstrrl, eoox U rack 781 hie wife. (Page 8 of 15) PERSUN & HEIM, P.C. Lloyd R. Persun, Esquire Identification No. 10139 1700 Bent Creel Boulevard P.O. Box 659 Mechanicsburg, PA 17055-0659 (717) 620-2440 (717) 620-2442 fax) MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to Financial Trus Company, Pl intiff v. TOMMY L. HIPPENSTEEL DEBORAH S. HiPPENSTEI d'EiWHONOTA R 2011 AUG - I PM 1: 2 CUMBERLAND COUNT`.' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 11-5760 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE Keith P. Mangan, being duly sworn according to law, deposes and says that he is a Vice President of the Plaintiff in this action; that he makes this Affidavit on its behalf, being authorized so to do as a Vice President; and that based upon his knowledge or information and belief, Defendant are approximately 55 years of age and that they are not in the military services of the United States or its allies. Vice President and Traders Trust Company Sworn to and subscribed before me this{&A-day of July, 2011. (Seal) oM*10NWEALTH OF PMNSn ANA NotuW Seal My comr.nission expires: ]enNW L. Mthdom, Notary Pubk (1!y of Akwm, Blatr County 23219v 1 My ConNyft n Bores Dm 16, 2014 mEplup, PENNSYLVANIA ASSMATION OF NOrAR SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1 Sheriff : s T k!77 u Jody S Smith -Loll Of 4101411 t',?? Chief Deputy w 1 - P s Richard W Stewart Solicitor, r r P E EA :b.5 (?+$ lei A Manufacturers and Traders Trust Company vs. Case Number Tommy L. Hippensteel (et al.) 2011-5760 SHERIFF'S RETURN OF SERVICE 07/28/2011 08:52 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 28, 2011 at 2052 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tommy L. Hippensteel, by making known unto himself personally, at 165 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. '-ftmalu? AMANDA COBAUGH, DEPUTY 08/01/2011 07:34 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 1, 2011 at 1934 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Deborah S. Hippensteel, by making known unto herself personally, at 165 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the sa ,l MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $54.44 August 02, 2011 SO ANSWERS, 6 Z' RON R ANDERSON, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N011-5760 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO FINANCIAL TRUST COMPANY Plaintiff (s) From TOMMY L. HIPPENSTEEL AND DEBORAH S. HIPPENSTEEL (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: $496,492.61 Interest $54.90 PER DAY FROM 7/8/11 Atty's Comm: % Atty Paid: $186.94 Plaintiff Paid: Date: 12/1/2011 (Seal) L.L.: $.50 Due Prothy: $2.00 Other Costs: - 11J)_4 avid D. Buell, Prothonotary By: _ Deputy REQUESTING PARTY: Name: LLOYD R. PERSUN, ESQUIRE Address: PERSUN & HEIM, P.C. P.O. BOX 659 MECHANICSBURG, PA 17055 Attorney for: PLAINTIFF Telephone: 717-620-2636 Supreme Court ID No. 10139 } -n-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V? C) CIVIL DIVISION r? 1 ? Mi PRAECIPE FOR WRIT OF EXECUTION M 2s -T a -' ANUFACTURERS AND TRADERS TRUST ? Confessed Judgment ; ' COMPANY, successor by mer ger to 77 Financial Trust Company Plaintiff ?? Other VS. File No. 11-5760 Civil Term TOMMY L. HIPPENSTEEL Amount Due $496,492.61 DEBORAH S_ HTPPFN$TFFT. Defendants Interest $54.90 per day from 7/8/11 Address: Atty's Comm To be added 165 Texaco Road Costs To be added Mechanicsburg, PA 17055 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 165 and 169 Texaco Road, Silver Spring Township, Cumberland County, PA 17050 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date November y, f , 2011 Signature: S 84.00 s4. yy td at 4a eh c )4.60 it A56 uct PIA. 01 Print Name: Address: Attorney for: Telephone: G?- 3) UjD a)U-) 9 5 pendens against real estate o e J?,,,e LI d R. Persun P.O. Box 659 Mechanicsburg, PA 17055-0659 Plaintiff (717) 620-2636 Supreme Court ID No: 10139 MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to Financial Trust Company, Plaintiff V. TOMMY L. HIPPENSTEEL DEBORAH S. HIPPENSTEEL, . Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?y DOCKET NO. 11-5760 Civil Term-u? Z ? U)r- J? p 'I C-7 A Z 4! 7 lz) AFFIDAVIT PURSUANT TO RULE 3129.1 -,< Trust Company, Plaintiff, sets forth as of the date the Praecipe for Issuance of the Writ of Execution is filed the following information concerning the real property located at 165 and 169 Texaco Road, Silver Spring Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached hereto, together with all buildings, structures and Manufacturers and Traders Trust Company, successor by merger to Financial ?.r improvements of every kind erected thereon: 1 The names and addresses of the owners or reputed owners: Tommy L. Hippensteel 165 Texaco Road Mechanicsburg, PA 17050 Deborah S. Hippensteel 165 Texaco Road Mechanicsburg, PA 17050 2. The names and addresses of the Defendants in the judgment: Tommy L. Hippensteel 165 Texaco Road Mechanicsburg, PA 17050 Deborah S. Hippensteel 165 Texaco Road Mechanicsburg, PA 17050 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Manufacturers and Traders Trust Company, successor by merger to Financial Trust Company 133011 th Avenue Altoona, PA 16601 4. The name and address of the last recorded holder of every mortgage of record: Manufacturers and Traders Trust Company, successor by merger to Financial Trust Company 1330 11th Avenue Altoona, PA 16601 The name and address of every other person who has any record lien on the property: Cumberland Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (Delinquent real estate taxes) 6. The 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 found. 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: Silver Spring Township 8 Flowers Drive Mechanicsburg, PA 17050 Silver Spring Township Sewer Authority 5 Willow Mill Park Road, Suite #3 Mechanicsburg, PA 17050 William H. Euker Elite Plumbing Heating & AC, Inc. 42 Rural Palm Drive Mechanicsburg, PA 17050 Michael Neidlinger Prudential Homesale Services Group 8 Brookwood Avenue Carlisle, PA 17015 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made 2 subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn sification to authorities. Ya Mangan, Vice President nufacturers and Traders Trust Company Date: November Z 2011 24972v1 3 ALL THOSE CERTAIN tracts of land, together with all improvements thereon erected, located in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Tract No. 1 Parcel No. 1 ALL THAT CERTAIN House and Lot of Ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Township Road, T-583, which point is North 46 degrees 30 minutes East, 287.8 feet from a point where the center line of Township Road, T-583 intersects with the center line of L. R. 21017, said point being also at corner of other lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife; thence along Township Road, T- 583, North 46 degrees 30 minutes East, a distance of 95 feet to a point; thence along land formerly of Lena G. Hart, now or formerly of Reuben P. Swalm, et ux, South 43 degrees 30 minutes East, a distance of 200 feet to a point; thence along other land now or formerly of Lena G. Hart, South 46 degrees 30 minutes West, 95 feet to a point in the line of said other lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, aforementioned; thence along other land now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, being Parcel No. 2 hereinafter described, North 43 degrees 30 minutes West, a distance of 200 feet to a point in the center line of Township Road, T-583, the place of BEGINNING. HAVING thereon erected a single family dwelling. Parcel No. 2 ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of the Township Road, T-583, known as Texaco Road, which said point is in the division line between Lots Nos: 5 and 5-A on the hereinafter mentioned Plan of Lots; thence extending along the center line of Township Road, T-583, known as Texaco Road, North 46 degrees 30 minutes East, 10 feet to a point at corner of lot formerly of Paul R. Hippensteel and Sarah Hippensteel, his wife, and conveyed to Tommmy L. Hippensteel and Deborah S. Hippensteel, his wife, the same being Parcel No. 1 hereinabove described; thence extending along the line of Parcel No. 1 hereinabove described, South 43 degrees 30 minutes East, 200 feet to a point; thence South 46 degrees 30 Exhibit "A" minutes West, 10 feet to a point in the division line between Lots Nos. 5 and 5-A on the hereinafter mentioned Plan of Lots, first above mentioned; thence extending along the division line between Lots Nos. 5 and 5-A on said Plan, North 43 degrees 30 minutes West, 200 feet to a point in the center line of the public Township Road, T-583, known as Texaco Road, at the point and place of BEGINNING. BEING Lot No. 5-A on the Final Subdivision Plan for Paul Hippensteel, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 34, at Page 90. BEING the same premises which Paul R. Hippensteel and Sarah B. Hippensteel, husband and wife, by their deed dated January 19, 1979 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book G-28, page 425 granted and conveyed unto Tommy L. Hippensteel and Deborah S. Hippensteel, husband and wife. Tract No. 2 ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the middle of Township Road T-583 where it intersects with the center line of State Highway L.R. 21017; thence along the center line of Township Road T-583 North 46 degrees 30 minutes East, a distance of two hundred seventy-seven and eighty hundredths (277.80) feet; thence along land now or formerly of Tommy L. Hippensteel, et ux, South 43 degrees 30 minutes East, a distance of two hundred (200) feet; thence along land now or formerly of Kenneth K. Hart South 46 degrees 30 minutes West, a distance of fourteen and seventy-six hundredths (14.76) feet;. thence continuing along land now or formerly of the said Kenneth K. Hart and lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, South 22 degrees 30 minutes West, a distance of twenty-three and eighteen hundredths (23.18) feet to a point; thence continuing along lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, North 67 degrees 30 minutes West, a distance of thirty- two and twenty-one hundredths (32.21) feet; thence South 89 degrees 21 minutes West, a distance of fifty-five and eighty-eight hundredths (55.88) feet and South 32 degrees 30 minutes West, a distance of one hundred forty-seven and eighty- seven hundredths (147.87) feet to a point in said Highway L.R. 21017; thence North 57 degrees 30 minutes West, a distance of one hundred eighty-three and twenty-one hundredths (183.21) feet to a point, the place of BEGINNING. Improved with a concrete block garage and steel-fabricated repair shop. Exhibit "A" BEING the same premises which Paul R. Hippensteel and Sarah B. Hippensteel, husband and wife, by their deed dated October 27, 1987 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book A- 33, page 4 granted and conveyed unto Tommy Lee HippensteeI (also known as Tommy L. Hippensteel) and Deborah S. Hippensteel, husband and wife. 249784 Exhibit "cA MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to Financial Trust Company, Plaintiff V. TOMMY L. HIPPENSTEEL DEBORAH S. HIPPENSTEEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 11-5760 Civil Term M cn r... C.'1 T -rz r: NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That a Sheriff'ss Sale of Real Property (Real Estate) and all improvements thereon or affixed thereto will be held in the Cumberland County Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013 on March 7, 2012 at 10:00 a.m., prevailing time. THE REAL ESTATE TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) THE LOCATION of the property to be sold is: 165 and 169 Texaco Road, Silver Spring Township, Cumberland County, Pennsylvania 17050 Parcel Number: 38-21-0295-0350 (165 Texaco Road) Parcel Number: 38-21-0295-035A (169 Texaco Road) docketed to: THE JUDGMENT under or pursuant to which the properties are being sold is NO. 11-5760 Civil Term THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE: TOMMY L. HIPPENSTEEL DEBORAH S. HIPPENSTEEL, husband and wife A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation 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 on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE OR REDUCED FEE LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 or 800-990-9108 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland 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 Cumberland County. 2 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, Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before the presentation of the petition to the Court. Prothonotary. 4. A copy of the Writ of Execution is available from the Cumberland County 24980v1 ALL THOSE CERTAIN tracts of land, together with all improvements thereon erected, located in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Tract No. 1 Parcel No. 1 ALL THAT CERTAIN House and Lot of Ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Township Road, T-583, which point is North 46 degrees 30 minutes East, 287.8 feet from a point where the center line of Township Road, T-583 intersects with the center line of L. R. 21017, said point being also at corner of other lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife; thence along Township Road, T- 583, North 46 degrees 30 minutes East, a distance of 95 feet to a point; thence along land formerly of Lena G. Hart, now or formerly of Reuben P. Swaim, et ux, South 43 degrees 30 minutes East, a distance of 200 feet to a point; thence along other land now or formerly of Lena G. Hart, South 46 degrees 30 minutes West, 95 feet to a point in the line of said other lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, aforementioned; thence along other land now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, being Parcel No. 2 hereinafter described, North 43 degrees 30 minutes West, a distance of 200 feet to a point in the center line of Township Road, T-583, the place of BEGINNING. HAVING thereon erected a single family dwelling. Parcel No_ 2 ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of the Township Road, T-583, known as Texaco Road, which said point is in the division line between Lots Nos. 5 and 5-A on the hereinafter mentioned Plan of Lots; thence extending along the center line of Township Road, T-583, known as Texaco Road, North 46 degrees 30 minutes East, 10 feet to a point at corner of lot formerly of Paul R. Hippensteel and Sarah Hippensteel, his wife, and conveyed to Tommmy L. Hippensteel and Deborah S. Hippensteel, his wife, the same being Parcel No. 1 hereinabove described; thence extending along the line of Parcel No. 1 hereinabove described, South 43 degrees 30 minutes East, 200 feet to a point; thence South 46 degrees 30 Exhibit "A" minutes West, 10 feet to a point in the division line between Lots Nos. 5 and 5-A on the hereinafter mentioned Plan of Lots, first above mentioned; thence extending along the division line between Lots Nos. 5 and 5-A on said Plan, North 43 degrees 30 minutes West, 200 feet to a point in the center line of the public Township Road, T-583, known as Texaco Road, at the point and place of BEGINNING. BEING Lot No. 5-A on the Final Subdivision Plan for Paul Hippensteel, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 34, at Page 90. BEING the same premises which Paul R. Hippensteel and Sarah B. Hippensteel, husband and wife, by their deed dated January 19, 1979 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book G-28, page 425 granted and conveyed unto Tommy L. Hippensteel and Deborah S. Hippensteel, husband and wife. Tract No. 2 ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the middle of Township Road T-583 where it intersects with the center line of State Highway L.R. 21017; thence along the center line of Township Road T-583 North 46 degrees 30 minutes East, a distance of two hundred seventy-seven and eighty hundredths (277.80) feet; thence along land now or formerly of Tommy L. Hippensteel, et ux, South 43 degrees 30 minutes East, a distance of two hundred (200) feet; thence along land now or formerly of Kenneth K. Hart South 46 degrees 30 minutes West, a distance of fourteen and seventy-six hundredths (14.76) feet; thence continuing along land now or formerly of the said Kenneth K. Hart and lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, South 22 degrees 30 minutes West, a distance of twenty-three and eighteen hundredths (23.18) feet to a point; thence continuing along lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, North 67 degrees 30 minutes West, a distance of thirty- two and twenty-one hundredths (32.21) feet; thence South 89 degrees 21 minutes West, a distance of fifty-five and eighty-eight hundredths (55.88) feet and South 32 degrees 30 minutes West, a distance of one hundred forty-seven and eighty- seven hundredths (147.87) feet to a point in said Highway L.R. 21017; thence North 57 degrees 30 minutes West, a distance of one hundred eighty-three and twenty-one hundredths (183.21) feet to a point, the place of BEGINNING. Improved with a concrete block garage and steel-fabricated repair shop. Exhibit "A" BEING the same premises which Paul R. Hippensteel and Sarah B. Hippensteel, husband and wife, by their deed dated October 27, 1987 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book A- 33, page 4 granted and conveyed unto Tommy Lee Hippensteel (also known as Tommy L. Hippensteel) and Deborah S. Hippensteel, husband and wife. 24978v1 Exhibit "A" MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to Financial Trust Company, Plaintiff V. TOMMY L. HIPPENSTEEL DEBORAH S. HIPPENSTEEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MW =rn DOCKET NO. l 1-5760 Civil Term ___ ._:; RETURN OF SERVICE Lloyd R. Persun, being duly sworn according to law, deposes and says that on January 30, 2012 he caused to be served by United States Mail, First Class, postage prepaid, an envelope containing the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A" and made a part hereof, on each of the following addressed as follows: Tommy L. Hippensteel 165 Texaco Road Mechanicsburg, PA 17050 Deborah S. Hippensteel 165 Texaco Road Mechanicsburg, PA 17050 Manufacturers and Traders Trust Compan 133011` Avenue Altoona, PA 16601 Silver Spring Township 8 Flowers Drive Mechanicsburg, PA 17050 William H. Euker Elite Plumbing Heating & AC, Inc 42 Royal Palm Drive Mechanicsburg, PA 17050 Cumberland Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Silver Spring Township Sewer Authority 5 Willow Mill Park Road, Suite #3 Mechanicsburg, PA 17050 Michael Neidlinger Prudential Homesale Services Group 8 Brookwood Avenue Carlisle, PA 17015 Charles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg, PA 17055-9735; that Exhibit "B" attached hereto and made a part hereof contains the original U.S. Postal Service Forms 3817 Certificates of Mailing evidencing such service; and that to date, no such envelope was returned. Lloyd/. Persun Sworn to and subscribed before me this 2na day of February, 2012. t A A" ?"' Notary ublic My commission expires: (SEAL) COMMONWEALTH OF PENNSYLVANA Notarial Seal Vick r I.,, `nmmer, Notary Public Sliver -wp., Cumberland County My Ca+ a=xpires March 11, 2014 Memhei r4eusisvivania Assodatlon of Natades COMMONWEALTH OF PENNSYLVANIA Notarial Seat Ann Trimmer, Notary Public [:vick,! w Srong Twp., Cumberland County Ccmrrissiw Expires March 11, 2014 Member, 4.md Nanla Assodatlon of Notaries 2 25892vl '? .. ? \. \? ?'? `;? ?_.? / ? \ ?? / ?? MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY, successor by merger CUMBERLAND COUNTY, PENNSYLVANIA to Financial Trust Company, Plaintiff N'. TOMMY L. HIPPENSTEEL DEBORAH S. HIPPENSTEEL, Defendants DOCKET NO. 1 1-5760 Civil 'Term NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: c :> C) -, rn That a Sheriff's Sale of Real Property (Real Estate) and all improvements thereon or affixed thereto will be held in the Cumberland County Sheriff's Office, 1 Courthouse Square, Carlisle, Pennsylvania 17013 on March 7, 2012 at 10:00 a.m., prevailing time. THE REAL ESTATE TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) THE LOCATION of the property to be sold is: 165 and 169 Texaco Road, Silver Spring Township, Cumberland County, Pennsylvania 17050 Parcel Number: 38-21-0295-0350 (165 Texaco Road) Parcel Number: 38-21-0295-035A (169 Texaco Road) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: NO. 11-5760 Civil Tenn THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE: TOMMY L. HIPPENSTEEL DEBORAH S. HIPPENSTEEL, husband and wife A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation 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 on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Sheriff's Office, I Courthouse Square, Carlisle, Pennsylvania 17013. 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 to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE OR REDUCED FEE LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 or 800-990-9108 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland 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 Cumberland County. 2 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, Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is available from the Cumberland County Prothonotary. 249800 ALL THOSE CERTAIN tracts of land, together with all improvements thereon erected, located in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Tract No. 1 Parcel No. I ALL THAT CERTAIN House and Lot of Ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Township Road, T-583, which point is North 46 degrees 30 minutes East, 287.8 feet from a point where the center line of Township Road, T-583 intersects with the center line of L. R. 21017, said point being also at corner of other lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife; thence along Township Road, T- 583, North 46 degrees 30 minutes East, a distance of 95 feet to a point; thence along land formerly of Lena G. Hart, now or formerly of Reuben R Swaim, et ux, South 43 degrees 30 minutes East, a distance of 200 feet to a point; thence along other land now or formerly of Lena G. Hart, South 46 degrees 30 minutes West, 95 feet to a point in the line of said other lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, aforementioned; thence along other land now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, being Parcel No. 2 hereinafter described, North 43 degrees 30 minutes West, a distance of 200 feet to a point in the center line of Township Road, T-583, the place of BEGINNING. HAVING thereon erected a single family dwelling. Parcel No. 2 ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of the Township Road, T-583, known as Texaco Road, which said point is in the division line between Lots Nos. 5 and 5-A on the hereinafter mentioned Plan of Lots; thence extending along the center line of Township Road, T-583, known as Texaco Road, North 46 degrees 30 minutes East, 10 feet to a point at corner of lot formerly of Paul R. Hippensteel and Sarah Hippensteel, his wife, and conveyed to Tommmy L. Hippensteel and Deborah S. Hippensteel, his wife, the same being Parcel No. 1 hereinabove described; thence extending along the line of Parcel No. 1 hereinabove described, South 43 degrees 30 minutes East, 200 feet to a point; thence South 46 degrees 30 Exhibit "A" minutes West, 10 feet to a point in the division line between Lots Nos. 5 and 5-A or. the hereinafter mentioned Plan of Lots, first above mentioned; thence extending along the division line between Lots Nos. 5 and 5-A on said Plan, North 43 degrees 30 minutes West, 200 feet to a point in the center line of the public Township Road, T-583, known as Texaco Road, at the point and place of BEGINNING. BEING Lot No. 5-A on the Final Subdivision Plan for Paul Hippensteel, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 34, at Page 90. BEING the same premises which Paul R. Hippensteel and Sarah B. Hippensteel, husband and wife, by their deed dated January 19, 1979 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book G-28, page 425 granted and conveyed unto Tommy L. Hippensteel and Deborah S. Hippensteel, husband and wife. Tract No. 2 ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the middle of Township Road T-583 where it intersects with the center line of State Highway L.R. 21017; thence along the center line of Township Road T-583 North 46 degrees 30 minutes East, a distance of two hundred seventy-seven and eighty hundredths (27 7.80) feet; thence along land now or formerly of Tommy L. Hippensteel, et ux, South 43 degrees 30 minutes East, a distance of two hundred (200) feet; thence along land now or formerly of Kenneth K. Hart South 46 degrees 30 minutes West, a distance of fourteen and seventy-six hundredths (14.76) feet; thence continuing along land now or formerly of the said Kenneth K. Hart and lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, South 22 degrees 30 minutes West, a distance of twenty-three and eighteen hundredths (23.18) feet to a point; thence continuing along lands now or formerly of Paul R. Hippensteel and Sarah B. Hippensteel, his wife, North 67 degrees 30 minutes West, a distance of thirty- two and twenty-one hundredths (32.21) feet; thence South 89 degrees 21 minutes West, a distance of fifty-five and eighty-eight hundredths (55.88) feet and South 32 degrees 30 minutes West, a distance of one hundred forty-seven and eighty- seven hundredths (147.87) feet to a point in said Highway L.R. 21017; thence North 57 degrees 30 minutes West, a distance of one hundred eighty-three and twenty-one hundredths (183.21) feet to a point, the place of BEGINNING. Improved with a concrete block garage and steel-fabricated repair shop. Exhibit "A" BEING the same premises which Paui R. Hippensteel and Sarah B. Hippensteel, husband and wife, by their deed dated October 27, 1987 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book A- page 4 granted and conveyed unto Tommy Lee Hippensteel (also known as Tommy L. Hippensteel) and Deborah S. Hippensteel, husband and wife. 249780 Exhibit «A„ ?: ?'tip? / ?' .. ?/ S ?? ????? U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: .Persun & Heim, P.C. P.O. Box 659 -Mechanicsburg, PA 17055-0659 c One piece of ordinary mail addressed to: !!N Tommy L. Hippensteel t 165 Texaco Road .o t. r 7; Mechanicsburg, PA 17050 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: -Persun & Heim, P.C. P.O. Box 659 Mechanicsburg, PA 17055-0659 One piece of ordinary mail addressed to: Deborah S. Hippensteel -165 Texaco Road _ -Mechanicsburg, PA 17050 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: -Persun & Heim, P.C. -P.O. Box 659 Mechanicsburg, PA 17055-0659 One piece of ordinary mail addressed to: Manufacturers and Traders Trust Company 1330 11`h Avenue - Altoona, PA 16601 - w o L1 w w Ln m W ` Li) 2O c a O a. N t o tr J L 0 dA. .-- M LLf p11/??o =I st ?'?rlY s -`?/,fFVf? N o 0 O m O W ¦n I a r m I3 ?' f O r- WO z W a a ? tx ?} N r - ? t ` 4 "A. V p %Nn o CY p LI) LL CD r? W og gm m O ?n W ?fi I Im? ?I ?I W C• W ?O c ? Ipo A L O 4 N o 0 ?LL .t, ao,w° J Q?11Nn v ° Ooh PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: - Persun & Heim, P.C. P.O. Box 659 Mechanicsburg, PA 17055-0659 ti??`'?csg L' A705s One piece of ordinary mail addressed to: i Cumberland Tax Claim Bureau ` Cumberland County Courthouse 1 Courthouse Square Lis P 5 - Carli-le PA 1701 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: -Persun & Heim, P.C. -P.O. Box 659 Mechanicsburg, PA 17055-0659 One piece of ordinary mail addressed to: ! Silver Spring Township - 8 Flowers Drive Mechanicsburg, PA 17050 PS Form 3817, Mar. 1989 m O Lr, W ¦ /? U7 Y C. m 11W G7 4 Q O C1_ ? a. 'e? 0=? 11Nf1 o «_. moo: 00 W ILC) L0 0 t n. ;. m W L". zO C c: `a O n. .? O LL, a °r. - M U.I is o =. ?11N(1 r4 oo h°° o U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Persun & Heim, P.C. c P.O. Box 659 J Mechanicsburg, PA 17055-0659 One piece of ordinary mail addressed to: Silver Spring Township Sewer Authority 5 Willow Mill Park Road, Suite #3 Mechanicsburg, PA 17050 I Ws O r O M Ln 0 > r W UJ dQ a ? o a U-. r- ?Nn '0 h 0 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Persun & Heim, P.C. P.O. Box 659 Mechanicsburg, PA 17055-0659 J 'j 0s` One piece of ordinary mail addressed to: p' William H, Euker Elite Plumbing Heating & AC, Inc. 42 Royal Palm Drive _-- Mechanicsburg. PA 17(}50 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Persun & Heim, P.C. P.O. BOX 659 Mechanicsburg, PA 17055-0659 One piece of ordinary mail addressed to: Michael Neidlinger- Prudential Homesale Services Group 8 Brookwood Avenue Carlisle. PA 17015 PS Form 3817, Mar. 1989 W O Ln Lr. 3 to C. c? t,1m r t W !? L! F O C• a a U V) U. %Nn U .. .. W ¦OAA ? I Y/ C> . 0 t+ r M W t LU a } N 0 u? U b LLJ N O q ?Nn o v.o. _ w.L?L HVICE GtK I IFICATE OF MAILING MAY IC USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PRO F VIDE « 5 - y O W {n to i OR INSURANCE-POSTMASTER p ? o f m Received From: I t e+ Uj W f O Persun & Heim, P.C. a Q 4, II P.O. Box 659 I N Mechanicsburg, PA 17055-0659 c C 0 t One piece of ordinary mail addressed to: r a . C3 d 4? M w ?elp Charles E. Shields, III, Esquire ' ---- %Nn 0 0 6 Clouser Road Mechanicsburg, PA 17055-9735 PS Form 3817, Mar. 1989