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HomeMy WebLinkAbout12-371211 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA S&T BANK, Plaintiff, VS. CIVIL DIVISION NO.: /a _ 37/a ISSUE NO.: STEVE A. HURLEY AND SUSAN E HURLEY, Defendants. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 800 Philadelphia Street Indiana, PA 15701 the last known address of Defendants is: 50 Frytown Road Newville, PA 17241-9706 CERTIFICATE OF LOCATION I hereby certify that the location of the real estate affected by this lien is 1220 Newville Road, Carlisle, PA 17013 To Defendant you are hereby notified to plead to the enclosed Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. ATTORNEY FOR PLAINTIFF TYPE OF PLEADING: Ll'irf&" CIVIL ACTION - COMPLAINT,,!:--- IN MORTGAGE FORECLOSLW ?- CODE - FILED ON BEHALF OF: S&T Bank, Plaintiff ?.3 COUNSEL OF RECORD FOR THIS PARTY: Brian M. Kile, Esquire Pa. I.D. # 89240 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 0 t 03.'75 Ply ArrY Cf /586rR e cl 74 7,56 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA S&T BANK, Plaintiff, CIVIL DIVISION NO.. vs. STEVE A. HURLEY AND SUSAN E HURLEY, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA S&T BANK, ) CIVIL DIVISION Plaintiff, ) NO.: vs. ) STEVE A. HURLEY AND SUSAN E. ) HURLEY, ) Defendants. ) CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE S&T Bank, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is S&T Bank which has a place of business at 800 Philadelphia Street, Indiana, PA 15701. 2. The Defendants are Steve A. Hurley and Susan E. Hurley, individuals whose last known address is 50 Frytown Road, Newville, PA 17241-9706. 3. On or about July 29, 2004, Defendants executed a Promissory Note in favor of Plaintiff in the original principal amount of $700,000.00 ("Note"). A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about July 29, 2004, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $700,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 2, 2004, in Mortgage Book Volume 1875, Page 2998 ("Mortgage"). A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay real estate taxes when due and the entry of municipal liens and judgments against property securing the Note and failure to pay upon demand. 7. Plaintiff was not required to send Defendants written notice pursuant to 35 P.S. §1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason(s) that: (a) the mortgaged premises is not the principal residence of the Defendants [35 P.S. §1680.401(a) (1)]; (b) the mortgaged premises is not a one or two family owner-occupied residence [35 P.S. §1680.401C(a) (2)]; (c) the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12U.S.C. §§1707-1715z-18) [35 P.S. §1680.401C(a) (3)]; and/or (d) the aforesaid Mortgage was given by a non-corporate seller [35 P.S. 1680.401 C(a) (4)] 8. Plaintiff was not required to send Defendants written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reasons that: (a) said Mortgage is not a "residential mortgage" as defined in 41 P.S. §101; (b) the Defendants are not a "residential mortgage debtor" as defined in 41 P. S. §101; (c) the mortgaged premises is not "residential real property" as defined in 41 P. S. §101. 9. The amount due and owing Plaintiff is as follows: Principal $531,740.86 Interest to 6/5/12 $ 2,654.28 Legal Fees $ 6,512.00 Fees $ 500.00 TOTAL $541,407.14 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $541,407.14, with interest thereon at the rate of $88.48 per diem from June 6, 2012, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: Brian M. Kile, Esquire Attorneys for Plaintiff One Gateway Center Ninth Floor Pittsburgh, PA 15222 Pa. I.D. # 89240 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" I Bank IWINCM PROMISSORY NOTE = Principal Loan pelt; Maturity :' Loan No can t Coll Account 7 Officer Initials $700;000:00 07=29-2004 12=29"2..19 2000123832-200 co T 1 336 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. _ Any item above containing "" - has been omitted due to text length limitations. Borrower: STEVE A HURLEY SUSAN E HURLEY 50 FRYTOWN RD NEWVILLE, PA 14241 Lender: S&T BANK Commercial Lending PO Box 190 Indiana, PA 15701 1724) 319.1800 Principal Amount: $700,000.00 Interest Rate: 6,500% Date of Note: July 29, 2004 PROMISE TO PAY, STEVE A HURLEY and SUSAN E HURLEY ("Borrower") jointly and severally promise to pay to S&T BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Seven Hundred Thousand & 001100 Dollars 15700,000.001, together with interest at the rate of 6.500% per annum on the unpaid principal balance from July 29, 2004, until "Change Date PAYMENT, Borrower will pay this loan in accordance with the following payment schedule: The term of this Note shall be for 186 months. The first 6 consecutive monthly payments shall be for interest only which shall he calculated at a fixed interest rate of 6.SOO% per annum. Borrower's first payment shall be due on August 29, 2004, and all subsequent payments are due on the 29th day of each month after that. The outstanding principal balance and the accrued and unpaid interest shall be repaid in 180 consecutive monthly payments of principal and interest. based an a 15 year amortization schedule. The first 60 payments of principal and interest shall be in the amount of $8,131.98 and shell commence on February 28, 2005, and continue on the 29th day of each consecutive month thereafter, with the monthly principal and interest payment to be adjusted on January 29, 2010 and January 29, 2015 (hereinafter referred to as the "Change Dates") in accordance with any adjustment in the interest rate such that the loan will continue to amortize at the 15 year amortization schedule over the balance of the months remaining in the term, with all outstanding principal, accrued and unpaid interest and all other sums due and owing under the terms of this Note to be immediately due and payable in full, unless sooner paid, on January 29. 2020. Interest shall accrue during the 66-month period commencing from the date of this Note to and including January 28, 2010 at a fixed rate of 6.500% per annum. On each Change Date, the interest rate to be charged on the then outstanding principal balance shall be adjusted to equal to the most recently published Index figure available plus 2.750 percentage points. The Index shall mean the weekly average yield of the five (5) year Fixed-Rate Credit (adding the daily Fixed-Rate Credit yields and dividing by 51, as is published and released in the Federal Home Loan Bank of Pittsburgh Weekly Financial Summary on the Friday on which any of the Change Oates fall or if any of the Change Oates do not fall on a Friday by using the publication most recently published immediately prior to such Change Date. It for any reason, the Index is not available, the Index shall mean such other index as Lender shall choose from time to time, which index shall have as closely as possible a historical movement substantially similar to the original Index. Lender will inform Borrower of the new index upon Borrower's request, Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest: then to principal: then to any unpaid collection costs: and then to any late charges. The annual interest tats for this Note is computed on a 3651360 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, PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: an amount subject to the following schedule: 1.000% of the outstanding principal balance as of the prepayment date for the first five years. Borrower shall provide Lender with written notice of prepayment of no less than three (3) business days preceding the date of prepayment, specifying the principal amount to be prepaid and the prepayment date. All such prepayment penalty charges due hereunder shalt be due and payable on demand and shall accrue interest after the date of demand at the current rate of interest due under the Note until paid in full, with all such sums secured by the security granted to Lender under the terms of the Related Documents. All prepayments shall be accompanied by accrued and unpaid interest on the prepaid principal amount to the prepayment date. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is terdered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: S&T Bank, Loan Servic;nq Center, PC Box 469 Indiana, PA 15701. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $20.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, it permitted under applicable law, increase the interest rate on this Note 3.000 percentage points. The interest rate will not axceeo the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for in this Note, DEFAULT. Each of the following shall constitute an event of default ("Event of Default"I under this Note: Payment Default. Borrower `ails to make any payment when due under this Nate. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply vvith or '.o perform any term, obligation, cove-rant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, astension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or persor that ma-/ !n.atenally affect atnv ar 3orrower',3 property or U ` PROMISSORY NOTE Loan No: 2000123832-200 (Continued) Page 2 Borrower's ability to repay this Note or perform Borrower's obligations under this Note or irv of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any govemmental agency against any collateral securing the loan. This includes a garnishment of any of Borrowe('s accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply it there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its soln discretton, as being an adequate reserve or bond for the dispute. 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 liabilr[y under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial cordrtion, or Lender believes the prospect of payment or performance of this Note is impaired, Insecurity, Lender in good faith believes 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. ATTORNEYS' FEES, EXPENSES. Lender may hire or pay someone else to help collect this Note it Borrower does not pay. Borrower 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, expenses for bankruptcy proceedings tincluding efforts to modify or vacate any automatic stay or injunction). and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania, This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However. this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies tinder this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower. Lender may with respect to any other r3orrov,,er 1al make one of more additional secured or unsecured loans or otherwise extend additional credit; ib) alter, compromise, renew, extend, accelerate, or otherwise change ore or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to oertect, and release any security, with or without the substitution of new roilateral; d) apply such security and direct the order or manner of sale thereof, including without limitation, any nor-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute. agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any farms or in any manner Lender may choose; and M determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or encinrser, 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 panty or guarantor or collateral; of impair, fad to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. !f any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA. OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST. LATF CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING 1"HIS NOTE, 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 EXERC;SE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL i IMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGH1 BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATI S l HAT TITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION 1"0 BORROWER'S AT"--ENTION :')R 30RROWER HAS BEEN REPRESENTED BY INDEPENDENT LFGAL COUNSEL. PROMISSORY NOTE 'Loan No: 2000123832-200 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: (Seal) STEVE A HURLEY ?7AA _ (Seal) X S AN E EY Bank DISCLOSURE FOR CONFESSION OF JUDGMENT Pri>nielpak ;'>; Loan Date' Mi;wtlu dity, Loan No Cali I coil- Account Officer; iriilials 4.700 ip.00; •, 07-29?2004 1 =29-2Q'k9: 2p00 (2383 -200 cQ 338 . References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "* - has been omitted due to text length limitations. Borrower: STEVE A HURLEY SUSAN E HURLEY 50 FRYTOWN RD NEWVILLE, PA 14241 Lender: S&T BANK Commercial Lending PO Box 190 Indiana, PA 15701 (724) 319-1800 Affiant: STEVE A HURLEY 50 FRYTOWN RD NEWVILLE, PA 14241 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ?- J" 'r- DAY OF c 20-4-, A PROMISSORY NOTE FOR $700,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT, IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS; -?? B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS. AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: ?• C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS =_ " 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D, I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000: THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, AFFIANT: 14 111 A- ISeal) Gl STEVE A HURLS Y' UjBank DISCLOSURE FOR CONFESSION OF JUDGMENT Princlpat Loan Date: MtrJrifiy (-4an. IVn call r Call Account Officer Initials S70o;00Q 00 10;49-2004 12.29401§: 2pQ0'I23832-Zoo CD 336 References in the shaded area are for Lender's use only and do not limit the applicability of this dOCUment to any p,-wwwLar inan or item Any item above containing has been omitted due to text tength limitahors. _ Borrower: STEVE A HURLEY SUSAN E HURLEY 50 FRYTOWN RD NEWVILLE, PA 14241 Affiant, SUSAN E HURLEY 50 FRYTOWN RD NEWVILLE, PA 14241 Lender: S&T BANK Commercial Lending PO Box 190 Indiana. PA 15701 (724) 319-1800 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS DAY OF )Tlc 20 (' . A PROMISSORY NOTE FOR $ 700,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: __ iL1G?C]r S. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON. ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITT D BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, 1 REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. 0. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000: THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT: AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT: X ??J A AM 4kk- (Seat) SUSAN U LE EXHIBIT "B" bS QA) , RECORDATION REQUESTED BY: SS:T BANK Commorelal lantbrg PO Box 190 Indians, PA 15701 WHEN RECORDED MAIL TO: SILT Bank 355 N 5th St Indiana, PA 15701 . E'EDS i. UNTY - FA l) `f r'?llG 2 N?1 8 41 J FOR RECCIRIWs USE ONLY MORTGAGE THIS MORTGAGE dated July 29, 2004, is made and executed between STEVE A HURLEY and SUSAN E HURLEY, his wife, whose address is 50 FRYTOWN RD, NEWVILLE, PA 14241 (referred to below as "Grantor") and S$T BANK, whose address is PO Box 190, Indiana, PA 15701 (referred to below as "Lender"). GRANT OF MORTGAfIE. For valuable comideradon, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or aff ixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, heredRaments, and apiwrtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respw:t thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real roperty, including without limitation all minerals, Dil, gee, geothermal and similar matters, (the "Real Property") Pocated in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A." which is attached hereto, incorporated herein, and made a part hereof as though fully sot forth herein The Real Property, or its address is commonly known as 1220 Newville Rd, Carlisle, PA 17013. The Real Property parcel Identification number is CROS!-COLLATERALU ATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidabnd or unliquidated whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become bared by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, IW:LUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND tai PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $700,000.00, THE RELATED DOCUMENTIt, AND THIS MORTGAGE. THIS MORTGAGE IS IVEN AND A PTED N TERMS: PAYMENT AND PERFI)RMANCE. Except as otherwise provided in this Mortgage, Grantor shell pay to Lender all 8K 1875PGL.??98 ?$7?t . is MORTGAGE Loan No: 200012:1832-200 (Continued) Page 2 amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND NRJNTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be gover tad by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Nabnteln. Grantor shell maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compllarnos With lnvi aim. ental Laws. Grantor represents and warrants to Lender that; (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threstened release of any Hazardous Substance by any person on, under, about or from the Property; 12) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about x from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigstKm or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shell use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Lama. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and torsts, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with that: section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lander to Grantor or to any other perecn. The representations and warranties contained herein we based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or Interest in the Property, whether or not the some was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mcrtgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Remove) of hnpravsments. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lander may require Granter to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lander and Lender's agents and representatives may enter upon the Reel Property at all reasonable times to attend to Lander's interests and to inspect the Reel Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compgance with Oovemmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including) without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lander's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably astisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those 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 - CONSI--:NT BY LENDER. Lander may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real 9KI875PG2999 MORTGAGE Loan No: 2000123832-200 (Continued) Page 3 Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the heal Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 13) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of on interest in the Real Property. However, this option :shall not be exercised by Lander if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grano, shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, war or charges and sewer service charges levied against or on account of the Property, and shall pay when due all clairra for work dorm on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lander under this Mortgage, except for those liens specifically agreed to in writing by Lander, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (151 days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lion plus any costs and attorneys' fees, or other charges that could accrue as a result of a forecl3surs or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adven:e judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Paynlsmt. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments axd shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the i axes and assessments against the Property. Notice at Construction. Grantor shall notify Lender at lent fifteen (15) days before any work is commenced, any services we fumiahed, or any materials are supplied to the Property, N any mechanic's lien, maternilmen's lien, or other lien could le asserted on account of the work, services, or materials and the cost exceeds $5,000.00. Grantor will upon request of Lender furnish to Lander 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 hmurence. Grantor shall 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 Real Property in an anwunt sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lander. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts; as Lander may request with Lender being named as additional insureds In such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and bailer insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lander. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of fifteen (15) days' prior written notice to Lander and not containing any disclaimer of the insurer's liability for failure to give such noti:e. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be I3cated in an area designated by the Director of the Federal Emergency Management Agency as a special flood hsze:rd area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the Notional Flood Insurance Program, or as otherwise required by Lander, and to maintain such insurance for the :arm of the loan. AppNcatlon of Praoseds. Grantor shall promptly notify Lander of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $5,000.00. Lender may make proof of loss if Grants fails to do so within fifteen 05) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lander elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grar for from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default BK1675PA000 MORTGAGE Loan No: 200012:3832-200 (Continued) Page 4 under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not ccmmitted to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or If Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor'n failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lander on Grantor's behalf may (but shall not be obligated to) take any action that Lander deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbwances and of w claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lander to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; IB) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become clue during either 11) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure psymrant of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure tidgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage. Title. Grantor werrents that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all lions and encumbrances other then those set forth in the Real Property description or in any title insurance po icy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of TM*. 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 Grantor's expense. Grantor may be the nominal party in such proceeding, but Lander 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 Lander such instruments as Lender may request from time to time to permit such participation. Came Wkh 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. Survival of RepMtentatlons and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full fords and effect until such time as Grantor's indebtedness shall be paid in full. CONDEMNATION. Tho following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shell 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 Lander shall be entitled to participate in the proceeding and to be represented in tho proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application at Net Proceeds. If all or any pert of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Larder may at Its election require that all or any portion of the net proceeds of the award be applied to the indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: 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 Lander for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, SK187`.iPG3001 MORTGAGE Loan No: 200012.3832-200 (Continued) Page 5 documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or requited to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxni. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall hive the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Lvant of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AAREEMEp_T; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixture s, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lander, Grantor shall take whatever action is requested by Lander to perfect and continue Lemler's security interest in the Rants and Personal Property. In addition to recording this Mortgage in the real propert y records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security Interest. Upon default, Grantor shall not remove, sever or detach :he Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Larder and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lander (secured party) from which information concerning the s icurity interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Codes are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurmtcos. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will carne to be made, executed or delivered, to Lander or to Lander's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lander may deem appropriate, any and all such mortgagee, 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 Lander, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and 12) the lions and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writirg, Grantor shall reimburse Lander for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Audwilations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for trod in the mama of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lan ier's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shell require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lander shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of tamtination of any financing statement on file evidencing Lendw's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lancer from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurancit, or any other payment necessary to prevent filing of or to effect discharge of any lien. BK ! 8'75PG3002 MORTGAGE Loan No: 200012:1832-200 (Continued) Page 6 Other Defaults. 13rantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or *else agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligsticro under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lander by Grantor or on Grantor's behalf tender this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defeadve CoHatsrdizadon. This Mortgage or any of the Related Documents ceases to be in fun force and effect (including failure cf any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insclvem:y. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's properly, 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. Creditor or ForiNlwe Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-hsip, repossession or any other method, by any creditor of Grantor or by any governmental agency against any propifrty securing the indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of DeWt shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other A.greament. Any breach by Grantor under the tams of any other agreement between Grantor and Lender that is nor: remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affeaft Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lander believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by low: Accelerate hndeb.odhnass. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire indebtedness immediately due and payable. UCC Rrnad/es. With respect to all or any pat of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. CoBsot Rents. Lsndsr shall have the right, without notice to Grantor, to take 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 thee Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate -:he same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lander may exercise its rights under this subparagraph either in person, by agent, or through a receive. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to col act the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointmrent of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. BKI875PG3003 MORTGAGE Loan No: 20001221832-200 (Continued) Page 7 Judkdel Ftw losers. Lander may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of do Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers an-( attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lander, 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 Lander 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. Nan&daW Sale. if permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. DMdsnay Judgment. Lander may obtain a judgment for any deficiency remaining in the Indebtedness due to Lander after appik:ation of all amounts received from the exercise of the rights provided in this section. Tensnay at Suffsuwtoe. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender )therwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lander or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lander. Other Ransdss. 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 Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lander shall be entitled to bid at any public sale on all or any portNm of the, Property. Nodae of Sala. Lender shall give Grantor reasonable notice of the time and piece of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless at ierwiss required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any We of the Real Property. Election of RemedNs. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall riot affect Lander's right to declare a default and exercise Its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following .sn Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collatend directly or indirectly securing the Indebtedness. Attornsys' Fess; Expenses. If Lander institutes any suit or action to enforce any of the terms of this Mortgage, Lander shall be aititled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enl orcemont of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Noss rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation. however subject to any limits under applicable low, Lender's attorneys' fees and Lander's legal expenses, whathur or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings lincluding efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection esrvics% the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appnd"I fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in adlition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by aw), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States coed, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lander's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the n )tics is to change the party's address. For notice purposes, Grantor agrees to keep Lander informed at all times of Grantor's current address. Unless otherwise provided by applicable taw, if there is more than BKI8'75PG3004 MORTGAGE Loan No: 200012.3832-200 (Continued) one Grantor, any notk:e given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PRI)VISIONB. The following miscellaneous provisions are a part of this Mortgage: Page a Antendmards. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of tlut parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shell to effective unless givers in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lander, upon rec uest, a certified statement of net operating income received from the Property during Grantor's previous fiscal yoter in such form and detail as Lander shall require. "Net operating Income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Hoodk t;. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or defos the provisions of this Mortgage. Governing Law. Title Mortgage wIS be governed by, construed and enforced In sooordence with federal low and the laws of tlrq Commonwealth of Pennsylvania. This Mortgage has bean accepted by Lander In the Comrnortwosm of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Joint and Sevend LiabNty. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiter by Lender. Lander shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lander. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. W tenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any in stance 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. Severabi8lty. If •i court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invoiidity, or unenforceability tof any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time hold by or for the benefit of Lander In any capacity, without the written consent of Lender. Successor Irterents. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, Iuccessors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Eeuance. Time is of the essence in the performance of this Mortgage. Walve Jury. All parties to sift Mortgage hereby waive the right to any jury trial In any action, proceeding, or counterclaim brotght by any party against any outer party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singider, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings stiributed to such terms in the Uniform Commercial Code: Borrower. The Nord "Borrower" means STEVE A HURLEY and SUSAN E HURLEY and includes all co-signers and co-makers signinll the Note. Default. The wood "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and xdinances relating to the protection of human health or the environment, including without BK I E',75PG3005 MORTGAGE Loan No: 200012,3832-200 (Continued) Page 9 limitation the Co nprehensivs Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9801, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1988, Pub. L. No. 99-499 ("SARA% the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation aril Recovery Act, 42 U.S.C. Section 8901, at seq., or other applicable state or federal laws, rules, or regulations adapted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The wcrd "Grantor" means STEVE A HURLEY and SUSAN E HURLEY. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Gluaralty. The word "Guaranty" means the guaranty from Guarantor to Lander, including without limitation a guaranty of all or part of the Note. Hazardous 8ubet:ances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materiels or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Intproventente. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affxed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. 1 he word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under tt a Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lander to enforce Grantor's obligations under this Mortgage, logsther with interest on such amounts as provided in this Mortgage. Specifically, without limitation, Irxkft kwss includes all amounts that may be indirectly secured by the Cross•Collateralization provision of this Mortgage, Lander. The word "Lender" means S&T BANK, its successors and assigns. Mortgage. The vrord "Mortgage" means this Mortgage between Grantor and Lender. Now. The word "Note" means the promissory note dated July 29, 2004, in the original principal amount of $700,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from tiny sale or other disposition of the Property. Property. The w)rd "Property" means collectively the Real Property and the Personal Property. Real Property. Tie words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documetts. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter exiting, executetf in connection with the Indebtedness. Rsnte. The wort "Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. R187;iFIG 3006 4" MORTGAGE Loan No: 200012;3832-200 (Continued) Page 10 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE 18 GIVEN UNDER SEAL AND IT 18 INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: (80011 64W X h '^11 (Sa01? CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, S&T BANK, herein is as follows: Commercial Lending, F'O Box 180, Indiana, PA 15701 A orney o t for Mortgages INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 I SS COUNTY OF Ourv 64aNO I On this, the- ___ ?q day of ?;IkLY__ 20 aL, before me the E HURLEY, known to me (or satisfactorily undersigned Notary Public, personally appeared STEVE A proven) to be the person whose names are subscribed to instrument, and acknowledged that they executed the same for the purposes therein contained. In witness when of, I hereunto set my hand and offfclel semi. NorARIAt C1WyQ0A04hyf1IiSSiON 'HRENFElO SEAL Notary Public in end for the State of E BORO 'NOTARY PUBLIC '' CUMBERLAND CO EXPIRES AUG. 11 2004 LAW PRO 1 nNiO, Vim. O.k 10.002 C p. IMni Fk wd 2.kgm, 210. 1M7. 7006 Al MOM A -t FA F0MMICIOMN1C121FUMyFC IWUMt M 171 OK 1875PG3007 ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, as described according to a Final Minor Subdivision Plan for the Mervin R. Lippert Estate, (The said Mervin R. Lippert died on May 20, 1963), prepared by Stephen G. Fisher, R.S., dated October 7, 1982, and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 42, page 88, as follows, to wit: BEQ!,NNING at a point on the centerline of Newville Road, Pa. Route 641, L.R. 21091, which point is the northwest corner of Lot No. 4 of the above- referred-to Plan; thence along the centerline of the Newville Road, above referred to, and passing over two existing 24 inch pipes; North 79 degrees 59 minutes 38 seconds East 524.64 feet to a point; thence along Lot No. 3 of the above-referred-to Plan, and passing through a Pennsylvania Power and Light Company right-of-way South 04 degrees 23 minutes 32 seconds East 553.87 feet to a point; thence along land now or formerly of Penn Central Railroad and through said Pennsylvania Power and Light Company right-of-way South 84 degrees 30 :min-sites West 467.74 feet to an iron pin set; thence along Lot No. 4 of the above-referred-to Plan, and passing through the said Pennsylvania Power and Light Company right-of-way North 10 degrees 28 minutes 11 seconds west 514.48 feet to a point of the said Newville Road, the point and place of beginning. , BEING Lot No. 2 of the above-referred-to Plan and containing 6.07 acres. ,., ;; 1y this to be recorded 'timberland County ' Recorder of Deeds BKI875PG3008 JI_It14-101-c'C11L 14: ?4 Fr Oiii: • To : 91412281.76F-71 Pa9e:4.4 VERIFICATION Gary Carpenter, Vice President and duly authorized representative of S&T Bank, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct: to his information and belief. Gary Carpenter Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff Jody S Smith 12 X. 21 A f,: "D Chief Deputy Richard W Stewart SOiICItOr G}FF.E:FrrE>?EaFF ?.•IJM5.ilLh 'w.? t ..,``:,,ii i f'E NSYP Vr ?lI . S & T Bank vs Case Number . Steve A. Hurley (et al.) 2012-3712 SHERIFF'S RETURN OF SERVICE 06/18/2012 05:00 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 1700 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Steve A. Hurley, by making known unto himself personally, at 50 Frytown Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHAEL BARRICK, EPUTY 06/18/2012 05:00 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 1700 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susan E. Hurley, by making known unto herself personally, at 50 Frytown Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. AEL BARRI K, PUTY SHERIFF COST: $56.00 June 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Telecsott. inc.