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HomeMy WebLinkAbout12-5111 _ _ _ _ _ ,r._ _ _ _ T _ _r F:\FILES\Clitmts\I 1470Memberslst\I 1470Current\11470.122Heustess\11470.122.com.confl,wpd _ _ _ F~'L.~ t/-~}" ~"'.~4,~+ Christopher E. Rice, Esquire ~ ` ' Attorney I.D. No. 90916 ~`~2 A(1~ ISM I~: Seth T. Mosebey, Esquire "'UM~~RIA~~~ 1 t,. Attorney I.D. No. 203046 ~'ENNSYl~YAP~IA MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANI Plaintiff v. NO. 2012 - >S~~ ~ CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the Promissory Notes and Credit Agreement attac ed as Exhibits "A," "C," "E," "G," "I," and "K" to the Complaint filed in the above-captioned case, e appear for Defendants Rollace Heustess and Barbara Heustess and confess judgment in favor of Members 152 Federal Credit Union against Rollace Heustess and Barbara Heustess as of August 3, 2012, as follows: First Note Principal $125,476.71 Late Fees $ 0.00 Interest (through 8/13/2012) $ 4,415.60 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 12,547.67 Total: $142,639.98* *Plus interest per diem at $21.83, along with additional costs and fees incurred, til paid in full. Second Note Principal $208,373.40 Late Fees $ 50.00 Interest (through 8/13/2012) $ 7,065.64 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 20,837.34 Total: $236,526,38* i I * Plus interest per diem at $41.96, along with additional costs and fees incurred, u it paid in full. Third Note Principal $22,S78.OS Late Fees $ 25.00 Interest (through 8/13/2012) $ 320.48 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 2,257.80 Total: $25,381.33* *Plus interest per diem at $4.73, along with additional costs and fees incurred, til paid in full. Fourth Note Principal $67,210.31 Late Fees $ 50.00 Interest (through 8/13/2012) $ 1,SOS.38 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 6,721.03 Total: $75,686.72* *Plus interest per diem at $12.21, along with additional costs and fees incurred, til paid in full. Fifth Note Principal $125,476.71 Late Fees $ 0.00 Interest (through 8/13/2012) $ 4,415.60 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 12,547.67 Total: $142,639.98* *Plus interest per diem at $21.83, along with additional costs and fees incurred, til paid in full. Credit Agreement Principal $74,943.22 Late Fees $ 50.00 Interest (through 8/13/2012) $ 4,066.63 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 7,494.32 Total: $86,754.17* *Plus interest per diem at $8.72, along with additional costs and fees incurred, un it paid in full. Grand Total: $709,628.56** **Plus interest per diem at $111.28, along with additional costs and fees incurr d, until paid in full. Respectfully submitted: MARTSON LAW OFFICES By: C~ d4 2---- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 ~ ~'1 /n, 10 East High Street f'~ Carlisle, PA 17013 (717) 243-3341 a ~s~ Christopher E. Rice, Esquire 4 ~ ~ Attorney I.D. No. 90916 Seth T. Mosebey, Esquire G 17 , ~-~t~ Attorney LD. No. 203046 ~„f (6,~Y6 a~ MARTSON LAW OFFICES ~9C 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PL AS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANI Plaintiff v. NO. 2012 - ~ CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants COMPLAINT FOR CONFESSION OF JUDGMENT Members 1 s` Federal Credit Union, by and through its undersigned counsel, hereby files t is Complaint for Confession of Judgment pursuant to Pa. R.C.P. Rule 2951 et seq., and in sup rt thereof, avers the following: 1. Plaintiff, Members 1st Federal Credit Union, ("Plaintiff') is a federally chazte ed credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendants, Rollace Heustess and Bazbaza Heustess, are adult individuals resid ng at 237 Ridge Hill Road, Mechanicsburg, Pennsylvania 17050. 3. On February 25, 2005, Defendants executed various loan documents, includin a Promissory Note ("First Note") in the principal amount of $120,000.00, in favor of Plaintiff d, among other things, agreed to make 59 monthly payments of $885.18 and one irregular paymen of $103,419.07 in satisfaction of the principal balance. A true and correct copy of the First Not is attached hereto and incorporated herein as Exhibit "A." 4. In consideration for the First Note, Defendants executed a Mortgage in favor of Plaintiff encumbering the real property located at 9478 Carlisle Road, Dillsburg, York Co , i Pennsylvania ("First Mortgage"). A true and correct copy of the First Mortgage is attached her~to as Exhibit "B" and is incorporated herein by reference. 5. On May 9, 2006, Defendants executed various loan documents, including a Promiss ry Note ("Second Note") in the principal amount of $200,000.00, in favor of Plaintiff and, among o er things, agreed to make 119 monthly payments of $1,591.26 and one irregular payment ®f $136,487 95 in satisfaction of the principal balance. A true and correct copy of the Second Note is attached her to and incorporated herein as Exhibit "C." 6. In consideration for the Second Note, Defendants executed a Mortgage in favo of Plaintiff encumbering the real property located at 28 & 30 North Market Street, Mechanicsb g, Pennsylvania ("Second Mortgage"). A true and correct copy of the Second Mortgage is attac ed hereto as Exhibit "D" and is incorporated herein by reference. 7. On July 24, 2006, Defendants executed various loan documents, including a Promiss ry Note ("Third Note") in the principal amount of $224,000.00, in favor of Plaintiff and, among of er things, agreed to make 119 monthly payments of $1,829.00 and one irregular payment of $154,868 26 in satisfaction of the principal balance. A true and correct copy of the Third Note is attached her to and incorporated herein as Exhibit "E." 8. In consideration for the Third Note, Defendants executed a Mortgage in favor of Plaintiff encumbering the real property located at 915 Mill Road, Mechanicsburg, Pennsyly 'a ("Third Mortgage"). A true and correct copy of the Third Mortgage is attached hereto as Exhibit ` F" and is incorporated herein by reference. 9. On December 11, 2006, Defendants executed various loan documents, includin a Promissory Note ("Fourth Note") in the principal amount of $70,000.00, in favor of Plaintiff a d, among other things, agreed to make 119 monthly payments of $575.51 and one irregular paymen of $48,520.92 in satisfaction of the principal balance. A true and correct copy of the Fourth Not is attached hereto and incorporated herein as Exhibit "G." 10. In consideration for the Fourth Note, Defendants executed a Mortgage in favor of Plaintiff encumbering the real property located at 78 West Main Street, New Kingstorx, Pennsyly 'a ("Fourth Mortgage"). A true and correct copy of the Fourth Mortgage is attached hereto as Exhi it "H" and is incorporated herein by reference. 1 1. On September 28, 2007, Defendants executed various loan documents, includin a Promissory Note ("Fifth Note") in the principal amount of $120,000.00, in favor of Plaintiffa d, among other things, agreed to make 119 monthly payments of $910.31 and one irregular paymen of $97,589.40 in satisfaction of the principal balance. A true and correct copy of the Fifth Not is attached hereto and incorporated herein as Exhibit "I." 12. In consideration for the Fifth Note, Defendants executed a Mortgage in favo of Plaintiff encumbering the real property located at 9478 Carlisle Road, Dillsburg, Pennsylv is ("Fifth Mortgage"). A true and correct copy of the Fifth Mortgage is attached hereto as Exhibit `J" and is incorporated herein by reference. 13. On September 28, 2007, Defendants executed various loan documents, includin a Credit Agreement and Disclosure ("Credit Agreement") in the principal amount of $75,000.00 in favor of Plaintiff and, among other things, agreed to make 35 monthly payments consisting of he finance charges on the Credit Agreement and one balloon payment in satisfaction of the princi al balance. A true and correct copy of the Credit Agreement is attached hereto and incorporated her in as Exhibit "K." 14. Inconsideration for the Credit Agreement, Defendants executed a Martgage in fa or of Plaintiff encumbering the real property located at 9478 Carlisle Road, Dillsburg Pennsylv is ("Sixth Mortgage"). A true and correct copy of the Sixth Mortgage is attached hereto as Exhibit ` L" and is incorporated herein by reference. 15. The First Note, Second Note, Third Note, Fourth Note, and Fifth Note shall be collectively referred to herein as the "Notes." 16. Defendants have defaulted under the Notes and Credit Agreement, by and includi g, but not limited to, allowing a material adverse change in their financial condition, and failin to make payments as required under the Notes and Credit Agreement (collectively the "Events of Default"). 17. The Notes and Credit Agreement provide that Plaintiff, after any of the Events of Default have occurred, may confess judgment against Defendants for all sums due and ow ng thereunder. 18. The total sum due and owing under the Notes and Credit Agreement as of August 3, 2012, is itemized as follows: First Note Principal $125,476.71 Late Fees $ 0.00 Interest (through 8/13/2012) $ 4,415.60 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 12,547.67 Total: $142,639.98* *Plus interest per diem at $21.83, along with additional costs and fees incurred, til paid in full. Second Note Principal $208,373.40 Late Fees $ 50.00 Interest (through 8/13/2012) $ 7,065.64 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 20,837.34 Total: $236,526,38* *Plus interest per diem at $41.96, along with additional costs and fees incurred, til paid in full. Third Note Principal $22,578.05 Late Fees $ 25.00 Interest (through 8/13!2012) $ 320.48 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 2,257.80 Total: $25,381.33* *Plus interest per diem at $4.73, along with additional costs and fees incurred, u til paid in full. - - ' Fourth Note Principal $67,210.31 Late Fees $ 50.00 Interest (through 8/13/2012) $ 1,505.38 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 6,721.03 Total: $75,686.72 *Plus interest per diem at $12.21, along with additional costs and fees incurred, til paid in full. Fifth Note Principal $125,476.71 Late Fees $ 0.00 Interest (through 8/13/2012) $ 4,415.60 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 12,547.67 Total: $142,639.98* *Plus interest per diem at $21.83, along with additional costs and fees incurred, til paid in full. Credit Agreement Principal $74,943.22 Late Fees $ 50.00 Interest (through 8/13/2012) $ 4,066.63 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 7,494.32 Total: $86,754.17* *Plus interest per diem at $8.72, along with additional costs and fees incurred, til paid in full. Grand Total: $709,628.56** **Plus interest per diem at $111.28, along with additional costs and fees inc d, until paid in full. 19. All conditions precedent have been satisfied to allow Plaintiff to confess judgm nt against Defendants under the Notes and Credit Agreement. 20. Judgment has not been confessed against Defendants in any other jurisdiction un er the Notes or Credit Agreement. 21. Plaintiff is the holder of the Notes and Credit Agreement. 22. The Notes and Credit Agreement were executed and delivered in connection wi a commercial transaction, and judgment is not being entered by confession against a natural per on in connection with a consumer credit transaction. 23. The Notes and Credit Agreement have not been assigned. WHEREFORE, Members 1 S` Federal Credit Union requests that this Court inter judgm nt by confession against Rollace Heustess and Bazbaza Heustess in the amount of $709,628.56, al ng with interest accruing at the per diem rate of $111.28, and additional fees and costs as prayed fo in the Complaint. Respectfully submitted, MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 `7 (717) 243-3341 Date: Attorneys for Plaintiff EXHIBIT "A" r ' PROM{SSORY NOTE ~II Referonces in the shaded aroa are for Landsr's use only and do not limit the applicability of this document to any particular loan or kem. Any item above coMaini " • • has been omitted due to text Ian limitations. i Borrower' Roiace E. Heustas Lender: Mwrrbsrs 1st Fadsral Crsdk UrAon ' ~ Barbara A. Heustws 5000 Louse Drive 5240 Terrace Rd. Mechanicsburg, PA 17058 Mechanicsburg, PA 17050 I Principal Amount: $120,000.00 Interest Rate: 6.350% Date of Mot've: February 5, 2005 PROMISE TO PAY. Roiace E. Hwstasa and Barbers A. Heusteu {"Bonowar"1 jairrtly and ssversiy promise to P!aY to Members 1st Federal Crsdk Union f"Lander"), or order, In lawful mousy of the United States of Anrsrks, the princpal ematirrt of One Hundred Twsrrty hauaand & 00/100 Douro (1120,000.001, together wkh irrtarost at tM rob of 6.360% per annum on the unpaid prkrcipal'balance from bruary 25, 2006, urrti paid in fuN. Ths irrtereat rate will not Incroase above 18.000%. PAYMENT. Borrower veil pay this loan in 59 regular payments of $885.18 each end one irtsgular last payment lestlmatsd at $ 03,419.07. Borrower's first payment Is due April 1, 2005, and ai subsequent paynwrrta are due on the same day of each month) alter that. owsr's final payment wii be due on March 1, 2010, and will be for ~ principal and all sccnisd interest not yet pdd. a3~ {trdude rindpal and interest. Unless otherwlw agrsed`or requirod by appicable Isw, payments wN be appied first to any unpaid c cwts; to any late ch~ges; then to any acorwd unpaid hrterest; and then to prindpsl. Interest on this Note Is computed on a 3651 6 ~e inter basis; thst is, by applying the ratio of tM amxral interest rate over the number of days to a year, multiplied by fire outstarrdkrg'i prireipsd mrritipied by the actual number of days the Principal balance is outstarding. Borrower veil pay Larder st Lender's address shown above or such other place as Lender may designate in wrlNng. MAXIMUM INTEREST RATE. Under no circumstances wilt the interest rate on this Note exceed (except for any higher default rate shown below) the leaser of 18.000% per annum or the maximum rate allowed by applicable law. ' PREPAYMENT; MMNMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower, understands Lender s entitled to a mlrimum brbrest charge of $1.00. Other than Borrower's obligation to pay any minimum interoati~ charge, Borro er 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 w ping, relieve Borrower of Borrower's obigstlon to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may reauft in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "aid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing isny of Lender's rights under this Note, and Borrower wiN remain obligated to pay any further amount owed to Lsndsr. All written commun~catbns concsr ing disputed amounts, including any cheek or other payment instrument that indicates that the paymerrt conatltutes "payment inl fu1P of the am uM owed or that is terdered with other condltiona or limltetions or as full sattafaction of a disputed amount must ba mailed or delivered to: embers 1st Federal Credit Union, 6000 Louise Drive Mechanicsburg, PA 17050. LATE CHARQE. It a payment is 15 days or more late, Borrower will be charged 6.000% of the unpaid portion of the regal y scheduled Payment or $25.00, whioMwr s less. INTEREST AFTER DEFAULT. Upon dafauk, including failure to pay upon final maturity, Lender, at its option, may, if permitted un er applicable law, increase the interest rate on this Note to 15.000% per annum. The interest rate wii not exceed the maximum rate permitted y applicable law. If judgmam is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the exlstin interest rate provided for in this Note. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: ~ Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any ocher term, obligation, covenant or conditiom contained in t is Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any oth r agreement between Lender and Borrower. Defauk in Favor of Third Parties. Borrower or any Grantor defaults under .any loan, extension of credit, securky agreement purchase or i sales agreement, or any other agreement, in favor of any other credtor or person that may materially affect alny of Borrower property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Fslae Ststemerrts. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's be If 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 comes 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 gping business, t e insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditor 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 proceed g, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any coNataral secu ing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event o Defauk shall not apply it there is a good faith dispute by Borrower as to the validity ar reasonableness of the claim which',is the basis of a creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Len er monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole diadretion, as bein an adequate reserve ar bond for the dispute. ' Events Affecting Quararrtor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accom odetion party ~ of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, r revokes or disputes the valid'tty of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its 1 option, may, but shall not be required to, permit the guarantor's estate to assume uncondkianally the obligatidns arising ands the guaranty 1 in a manner satisfactory to Lender, and, in doing so, cure any Event of Defauk. 1 Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. i r PROMISSORY NOTE (Continued) F~ege 2 ~ _ ,I Cun Provisions. If any default, other than a defauk in payment is curable and if Borrower has not been given a notice of a bras of the same provision of this Note within the preceding twelve 1121 months, it may be cured if Borrower, after receiving written not ce from lender demanding cure of such defauk: (1) cures the defauk within thirty (30) days; or (2) if the cure requires more than t rty 1301 days, immediately initiates steps which Lender deems in Lender's sole discretion to bs sufficent to cure the dsfauk and t ereafter continues and camplatss al! reasonable and necessary steps sufficient to produce compliance as soon ea reasonably practical. LENDER'S RIGHTS. Upon defauk, Lender may, after giving such notices as required by applksble law, declare the entire unpaid principal balance on this Nots and afl 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 Nob if Borrower does nop pay. Barrows will pay Lender that amount. This indudaa, subject to any limks under applicable law, Lender's attorneys' fees and Lender's heal expenses, w ether or not there b a lawsuk, including attorneys' fees, sxpenws for bankruptcy procesdinga (including efforts to modify or vacate any auto atic stay or injunction), and appeals. if not prohibited by applicable law, Borrower also will pay any court costs, in addition to ail other sums pr vided by law. JURY WAIV@l. Lender and Borrower hereby waive the right to ant jury trial in any action, proceeding, or counbrolaim brwrght by r Lender or Borrower against the other GOVERNINti LAW. 7irls Note wiN bo governed by federal law applicabb to Lender acrd, to tM extetrt not preempted ~ federal law, slaws of . the Corrrrrw+rwealth of Pennsylvania without regard to its conflicts of few provbions. This Note has bean acicepbd by L sr in the ' Commonwealth of Perursylvenia. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submk to the jurisdiction of the courts of C mberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of 825.00 if Borrower makes a payment on Borrower's loan and th check or preauthorized charge with which Borrower pays is later dishonored. STATUTORY LIEN. Borrower agrees that ell loan advances under this Note are secured by all shares and deposits in all joint an individual accounts Borrower has with Lander now and in the future. Borrower authorizes Lender, to the extent permitted by ajpplicable law, t apply the balance in these accounts to pay any amounts due under this Note when Borrower is in default under this Note. :Shares and de sits in an individual Rstiromant Account and any other account that would loss special tax treatment under state or federal Isw')f given as seta ity era not subject to the security interest Borrower has given in Borrower's shares and deposits. ` COLLATERAL. Borrower acknowledges this Nate is secured by the following collateral described in the security instrumanta listed he efh: IA) a Mortgage fisted February 25, 2006, to Lender on real property located in York County, Commonweakh of Pennsylvania. j IB} an Assignment of Ail Rents to Lender on real property located in York County, Commonwealth of Pennsylvania. ARBITRATION. Borrower and Lander agree that aq deputes, debtu and cor?troveraioa betwoan them whetl»r NulMdud, jdrrt, or class in nature, aeblrrp from this Note or otherwise, lndudng without limitation contract end tort deputes. ahaN be arbitret~d purauurt to Ruhs of the Amerioen ArWtradon Asaoaladon in effect at the time tM daim b iNed, upon request of eltl»r Psrty~ No ao~ to tska or d • of any coMaROrai socurbrp this Nob shall constitute a waiver of this arbitration agreement or Eie prohibited by brio bitrsdo~} agreement. T a includes. without NrnKetlon, obtabrbrg injt+rrcdw reMf or a temporary rsstrabdng order; Gmoidng a power of sale under any deed of trust mortgage; obtaining a writ of atbcipnart or bnposhlon of a receiver; or exordsing any right rdatbp to personal propargd~~ bWng or spoaMp of such property wkh or wigrout juddai process pursuant to Arddo 9 of the Uniform Commerdd Code. Any ddma, or c verstes concerning the hrvefubrees or nasanabbneas of any act, or exordN of any fight, corwerr>irrg any coNabral ssour~ng this Nob, i lading arty daim to rescind, reform, or otherwise modify any agreement relating to tta coHaaoral securing fhb Nob, shah Woo be arbltrat ,provided however that no arbitrator ahaN have the right or the power to enjoin or restrain any act of any party. Judgment 4P~ spry sward rendered by any arbitrator may be entered in any cant having jurisdiction. Nothing in fhb Note ahsN prodtrds any party tram sing equitable 'of from a court of competent jurisdction. The statute of lbrdtstions, estoppel, waiver, IacMs, and similar doctrines which d otherwise appNcable in an action brought 6y s party shall be appNcabls in any arbitration proceedng, and the commencement of an arj7tdation pro g shall bs downed the commencernsrrrt of an action for these purposes. The Federal Arbitration Act shah apply to the conbtructiorr, irtterp etadon, and errforesmsnt of this arbitration provision. ~ MEMBERSHIP REQUIREMENTS. All borrowers and Guarantors must maintain a membership with the Credit Union in good standing or the life of the loan. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal re resentatives, successors and assigns, and shall inure to the benefk of Lender and its successors and assigns. NOTIFY US OF INACCURATE MIFORMATION WE REPORT TO CONSUMER REPORTING AQENCIES. Please notify us ff we report a y inaccurate information about your account):1 to a consumer reporting agency. Your written notice describing the specific inaccuracyliesl she Id be sent to us at the following address: Members 1st Federaf Credk Union 5000 Louise Drive Mechanicsburg, PA 17050. GENERAL PROVISIONS. Lander may delay or forgo enforcing any of its rights or remedies under this Note without losing them. ach Borrower understands and egress that, with or without notice to Borrower, Lender may with respect to any other Borrower la) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change ens or more times the time for payment or other terms of any indebtedness, including increases and decre,~ses of the rate of interest on ~ the indebtedness; Ic) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with r without the ~ substitution cf now collateral; id) apply such security and diroct the order or manner of sale thereof, including without mitation, any non-judicial sale permitted by the terms of the controlling securky agreements, as Lender in ks discretion may datermina; le) relsa e, substitute, agree not to sue, or deal with any one ar more of Borrower's sureties, endorsers, or other guarantors on any terms or in any man Lender may j choose; and If) determine how, when and what application of payments and credits shall be made on any otherr indebtedness wing by such other Borrower. Borrower end, any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waiv presentment, ,I demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise bxpressly state in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. II such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or gyarantor or tolls ref; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lan r without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan wthout the consent of or notice t anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this ate is for any reason determined to be unenforceable, it will not affect tho' enforceabilky of any other provisions of this Note. ~ CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTOR EY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME _ _ _ _ . _ _ _ ? i~~l PROMISSORY NOTE (Continued) Page 3 FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER UDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALl ACCRUED INTEREST, LATE'CHARGES AN ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE,,' TOGETHER WI H COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT l10%? OF THE UNPAID PRINCIPAL BALANCE ANDi ACCRUED INT REST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8600) ON WHICH JUDGMENT IDR JUDGMEN ONE OR MORE EXECUT{ONS MAY ISSUE IMMEDIATELY; AND FOR SO GOING, Tl-IIS NOTE OR A COPY OF THIS NOTE VER1?=IED 8Y AFFID IT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST B~RROWER SHA L NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL IMES UNTIL P YMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY AVE TO NOTI OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REP~iESENTATIVE F LENDER SPECIFICALLY CALLED 7HIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR' BORROWER AS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO 51OMM10 THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROV15lONS OF THIS NOTE. EACH ORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMI850RY NOTE. . THIS NOTE IS QNEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE ANd HAVE THE ECT OF A SEALED INSTRUMENT ACCORDINfi TO LAW. BORRO ER: . u..: • ~ ec~ . H~uatess ~ A. Wwst~s LENDER: MEMBERS 1ST FEDERAL~CQREDIT UNION x ~-C I ed . LAMI ?110 Wlip. Vw. iMA0.00{ ('.M. IYI~d IU1/M111 MYMK ML 1N1, N ~ M4,IIY. . M A1C111L11.1070.IC TFIM 11~~ I I t i EXHIBIT "B" ~ YORK~000NTy ASSESSM NT OFFICE it j fit` ,i'Jr RECO~R1DUE IITED BY: Members 1st Federal 043 50S Credit Union _ - 5000 Loulse Drive - --J j Mechanicsburg, PA f 17055 WHEN RECORDED MAIL TO: Members 7 st Federal Credit Union ~ 5000 Louise Drive Mechanicsburg, PA 17065 SEND TAX NOTICES TO: Members 1st Federal i Gredk Unron ~ 5000 Louise Drive Mechsr3csburg, PA 17085 FOR RECORDER'S USE ONLY ~I I MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE MAXIMUM UEN. The unpaid prindpal balance of advan+x~ exdusive of interest and unpaid balances of advances and other extsnslons of credit, secured by the Mortgage rhade for the payment of taxes, assessments, maintenance charges, insurance premiums and chats incurred for the protection of the mortgaged premises shill not exceed at any one time $124,000.00. j THIS M~TGAGE dated FebruaryG,25, 2005, is made and executed betweem Rollace E. I Heustess and Barbara A. Heustess, whose address is 5240 Terrace Rd., Mec~iahicaburg, P ~ 17050 (referred to below as "Grantor") and Members 1st Federal Credit Union, whose addres { is 5000 Louise Drive, Mechanicsburg, PA 17055 (referred to below as "Lender"). ~ GRANT OF MORTGAGE. For vduabls conaideratfon, ararrtor grants, bargains, sells, conveys, assigns, transfers releases, confirms and mortgages to Lender all of Grantor's right, tttie, and interest in and to the follbwing describe i real property, together with all existing or subsequently erected or affixed buildings, improvements 'and fixtures; ai ~ streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions an remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stocpc in utilities wit ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, ir~cfuding withou limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property°) located in 'York County ' a Q Commonwealth of Pennsylvania: ' See Exhibit A, which is attached to this Mortgage and made a part of this Mortgage as i fully set forth herein. ~ The Real Pr arty ar its address is commonly known as 9478 Carlislf+ Rai. Ilaburg, P 17019. The Real Property parcel identification number is 49-000-MD-0005.00-0 CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures ail obligations, debts a~hd liabilities, plu interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor i any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of th Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetgrmined, absolut or contingent, liquidated or uniiquidated whether Grantor may be liable individually or jointly with others, whetfi obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such anhounts may be r hereafter may become barred by any statute of limitations, and whether the obligation to repay such announts may be r hereafter may become otherwise unenforceable. ~ Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to alt present and future lessee of th ~ Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code securit i Book 1700 Fase 395 Z(~OZ ~-bg e ~ i t V t MORTGAGE (Confinueci) Page 2 i interest in the Personal Property end ReMS. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST Hr THE RENTS AND pERg4N+lAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDE9TEDNESS AND (B1 PERMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRMiCIPAL AMOUNT OF 41 ,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE I5 GIVEN AND ACCEPTED ON E FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If.any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall payr to Lender ell amounts secured by this Mortgage as they become due end shall strictly perform all of Grantor's obliga>rions under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Posaessfon and Use. Urrtil the occurrence of an Event of Default, Grantor may (1) remain in ~SOSSesaion and control of the Property; 12? use, operate or menage the Property; and (3) collect the Rents from floe Property. Duty to Mafrnain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. CompNerrce Wkh Ert~onmernd Laws. Grantor represents and warrants to Lender that: 11? DuritAg the period of Grantor's ownership of the Property, there hae.been no use, generation, manufacture, storage, trea~n?eM, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or froQn the Property; (21 Grantor has no knowledge of, or reason to believe that there has bean, except es previously disclosed to and acknowbdgad by Lender in writing, Ia1 any breach or violation of any Environmental Laws,' (b1 any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, shout or from the Property by any prior owners or occupsrrta of the Property, or (c) any actual or threatened Iitigatbn 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, (s) neither GfaMOf nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and Ib? any such activpy ahaB be conducted in ~omppanca with all applicable federal, atats, and local laws, regulations and ordinances, Enctuding wphoyt limitation all EnvlronmeMSi Lawa. Grantor authorizes Lender and its agents to enter upon the Property', to make suc inspections and teats, at Grantor's expense, as Lander may deem appropriate to determine compliance of th Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender' purposes only and shall not be construed to create any responsibNity or (lability on the part of Lender to Grantor o to any other person. The representations and warranties contained herein are based on Grantor's'',due diligence i investigating the Property for Hazardous Substances. Grantor hereby i1) releases and waives shy future claim against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costa unde any such laws; and (21 agrees to indemnify and hold harmless Lender against any and all dolma, Ibsses, liabilities damages, penalties, and expenses which lender may directly or indirectly sustain or suffer reaupir~g from a breac 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, wliather or not th same was or should have been known to Grantor. The provisions of this section of the Mortga~e, including th obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and econveyance o the Ilan of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Pdoperty, whethe by foredosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer an stripping of or waste on or to the Property or any portion of the Property. Without limping the $aneralpy of th ~ foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (includin oil and gas), coal, clay, scoria, soil, gravel or rock products wphout Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Propert ~ wphout Lender's prior written consent. As a condition to the removal of any Improvements, Lerhder may requir Grantor to make arrangements satisfactory to Lender to replace such Improvements with improvements of at leas equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Repl Property at a reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor' compliance with the terms and conditions of this Mortgage. Compliance with Governmsrrtal Requirements. Grantor shall promptly comply with ail laws, .ordinances, an regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of th _ _ _ I • I I MORTGAGE (Continued) Page 3 I f Property, including without limitation, the Americans With Disabil(tles Act. Grantor may contest irr good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including apprgpriate appeals, so long ea Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinwn, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate aecukity or a auroty bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Prolsct. Grantor agrees Mither to abandon or leave unattended the Property. Grantor stall do a?I 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. TAXES AND LIENS. The fotbwing provisions relating to the taxes and liens on the Property are pert of this Mortgage: Payment. Grantor shall pay when due (and in sli everrts prior to delinquency) all taxes, payroll taxed, special taxes, I assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property.. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender undet this Mortgage, except for those Bens specifically agreed to in writing by Lender, and except for the lien of taxes ahd assessment not due as further specified in the Right to Contest paragraph. I Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection virith a good fait dispute over the obligation to pay, so long as Lender's intsreat in the Property is not jeopardized. i~f a Ian arises o is filed as a resuk of nonpayment, Grantor shall within fifteen (16) days after the I)en arises or, jif a lien is filed within fifteen (1b) days after Grantor has notice of the filing, aeaxe the discharge of the lien, or, ff requested b Lander, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactor~v to Lander in a amount sufficent to discharge the Tien plus any costs and attorneys' fees, or other charges that c id accrue as resuk of a foreclosure or sale under the lien. In any 'contest, Grantor shall defend itself and ender and shal satisfy any adverse judgment before enforcement against the Property. ,Grantor shall name Lender as an additions obligee under any surety bond furnished in the contest proceedings. Ev~sncs of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payrryent of the taxe or assessments and shall authorize the appropriate governmental official to deliver to Lender st aryy time a writte statement of the taxes end assassmsnts against the Property. Notice of Coratructbn. Grantor shall notify Lender st least fifteen (16) days before any work is commenced, an services era famished, or any materials ors supplied to the Property, if any mechanic's lien, mateFialmen's lien, o other lien could be asserted on account of the work, services, or materials and the cost sxcsleds $5,000.00 Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender }hat Grantor ca and will pay the cost of such improvements. PROPERTY DAMAQE INSURANCE. The following provisions relating to insuring the Property ar®a part of thi Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with st¢ndard extends coverage endorsements on a replacement basis for the full insurable value covering alt Improvem'pnts on the Re I Property in an amount sufficient to avoid application of any coinsurance clause, and with a eta and mortgag clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability i surance in sac coverage amounts as Lender may request with Lender being named as additional insureds in such liability insuranc policies. Additionally, Grantor shall maintain such other insurance, including but not limited to ~tazard, busines interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies an in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverag from each insurer containing a stipulation that coverage will not be cancelled or diminished with ut a minimum thirty (30) days' prior wrttten notice to Lender and not containing any disclaimer of the insurer's ability for failur to give such notice. Each insurance policy also shall Include an endorsement providing that co age in favor Lender will not be impaired in any way by any act, omission or defsuR of Grantor or any other pe~aon. Should th Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as special flood hazard area, Grantor agroes to obtain and maintain Federal Flood Insurance, if available, within 4 days after notice is given by Lender that the Property is located in a special flood hazard area, fpr the full unpai i principd balance of the loan and any prior liens on the property securing the loan, up to the maxi um policy lim' set under the National Flood Insurance Program, or as otherwise required by lender, and to maintain sac ~ insurance for the term of the loan. i AppNcatlon of Proceeds. Grantor shall promptly notify Lender of any loss or damage to th Property if t estimated cost of repair or replacement exceeds 55,000.00. lender may make proof of loss if Gjrantor fails to d so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender',may, at Lender' election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of t Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Pr~perty. If lend r i elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the dame ed or destroys I _ _ I I' , MORTGAGE (Continued) Page 4 Improvements in a manner satisfactory to Lender. Lender shell, upon satisfactory proof of such •btpenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration ff Grantor i~ not in dafauk under this Mortgage. Any proceeds which have not been disbursed wkhin 180 days after their re~aipt and which Lender has not committed to the repair or restoration of the Property shall bs used first to pay snyl amount owing to Lender under this Mortgage, then to pay accrued interest, artd the remainder, if any, shah ~ applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the In btadness, such proceeds shall be paid to Grantor ss 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 GraMOr fails to comply wkh any provision of this Mortgage or any Related Documsn including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to disch ~ or pay under this Mortgage or any Related Documents, lender on Grantor's behalf may (but shall not be obligated tolltake any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, aejcurity interests, encumbrances and other claims, at any time levied tx placed on the Property and paying all coslts for insuring, maintaining and preserving the Property. All such expenditures Incurred or paid by Lender for such purposes wilt the bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date tpf repayment b i Grantor. All such expenses wiH become a part of the Indebtedness and, at Lender's option, will (A)', be psyabk o demand; (B) bs added to the balance of the Note and be apportioned among and ba payable with',. any inatallme payments to become due during eitMr (11 the term of any applicable insurance policy; or (2) the reknaining term o the Hots; or (C) be treated as a balloon payment which will be due and paytbb at the Note's maturity' The Mortgag also will secure payment of these amounts. Such right shall ba in addition to aN other rights and reiea to whit Lender may be entitled upon Defauk. Grantor's obligation to Lender for all such expenses shall surviw entry of an mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property aria a part of thi Mortgage: Tkle. Grantor warrants that: (e) Grantor holds good end marketable tkle of record to the Property in fee simple free and clam' of ell liens and encumbrances other than those sat forth in the Real Property deeq'rlption or in an title insurance policy, tiW report, or final tkle opinion issued in favor of, and accepted by, Ltmd~x in connectio with this Mortgage, and Ib) Grantor has the font right, power, and suthorky to execute and deliver this Mortgage t Lender. Defense of Tide. Subject to the exception in the paragraph above, Grantor warrants and wilt fo aver defend th title to the Property against the lawful claims of all persons. In the event arty action or proceed is commence that questions Grantor's title or the interest of Lander under this Mortgage, Grantor shah dsfe the action a Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender she I be entitled t participate in the proceeding and to be represented in the proceeding by counsel of Lender's awn choice, an Grantor will deliver, tx cause to be delivered, to Lender such instruments as Lender may request ffom time to tim to permk such participation. CompNence Wkh Laws. Grantor warcants that the Property and Grantor's use of the Property domplies with a existing applicable laws, ordinances, and regulations of governmental authorkies. Survivd of Rerpresentatlons and Wenantiss. All representations, warranties, anti agreements maids by Grantor i this Mortgage shall survive the execution and delivery of this Mortgage, shell be continuing in nature, and she I remain in fuN force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shalt promptly notify Lender in writing, an Grantor shall promptly take such steps as may be necessary to defend the action and obtain thaj award. Grant may bs the nominal party in such proceeding, but Lender shall be entitled to participate in the proc~esding and to b represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause t¢ bs delivered t Lender such instruments and documentation as may be requested by Lender from time to limb to permit suc participation. AppBcatitm of Nat Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or b any proceeding or purchase in lieu of condemnation, Lender may et its election require that all or ny portion of th net proceeds of the award be applied to the Indebtedness or the repair or restoration of the P~operty. The n proceeds of the award shall mean the award after payment of all actual costs, expenses, andl attorneys' fee incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relatin to governmental taxes, fees end charges are a part of this Mortgage: Current Texsa, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition t this Mortgage and take whatever other action is requested by Lender to perfect and continue Larder's lien on th I _ _ _ _ _ , _ T _ T T r r. T ~ ~ • I ~ MORTGAGE (Continued) Page 5 l Real Property. Grantor shall reimbwss Lender for all taxes, as deaeribed below, together with all expanses incurred in recording, perfecting or continuing this Mortgage, including without limitation all texas, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon ell or sny part of the indabtadneas secured by this Mortgage; t2? a spsdfic ~sx on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secwed qY this tYPe of Mortgage; 13) 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. SubsequsrK Texas. If any tax to which this section applies is enacted subsequent to the data of 'this Mortgage, this event shall have the same effect as an Event of Defauk, and Lender may exercise any or aU lof its aveHable i remadiee for an Event of DefauR es provided below unless Grantor either (1) pays the tax bef~e it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and dapos with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgagee as a security agreement are a part of this Mortgage: Security Agraernent. This instrument shall constitute a Security Agreement to the extent any pf the Property constitutes fixtures, and Lender shall have all of the rights of a secwed party under the Uniform Commercial Code as amended from time to time. Security interest. Upon request by Lender, GraMOr shall take whatever action is requested by Lender to perfect and corrtirwe lender's security interest in the Rsnta and Personal Property. In addition to rscordin~ this Mortgage in the nal property records, Lender may, at any time and without further authorization from Grantr}r, file executed counterparts, copies or raproductibns of this Mortgage as a financing statement. Gram shah reimburse Lander for aU expenses incurrod in perfecting or corrtinuing this security interest. Upon default, Grantor afhaU net remove, sever or detach the Psrsonsl 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 land Lender and make it available to Lander within three (3) days after receipt of written demarx! from Lender to the eMent permitted by applicable law. Addresass. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required 'by the Uniform Commercial Cods) ere es stated on the first page of this Mortgage. FURTHER A88URANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further'.. assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any lima, and from time to time, upon request of Lender, Grantor will majke, execute an deliver, or will cause to be made, executed or delivered, to Lsndar or to Lender's designee, and whlen requested b Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such office and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, secwity deeds, recur' agreemerrts, financing statements, corrcinuation statements, instruments of further asswance, certificates, an other documents es may, in the sole opinion of Lender, be necessary or desirable in order to effeckuate, complete perfect, continue, or preserve t11 Grantor's obligations under the Nota, this Mortgage, end the Relate Documents, and 12? the liens and security interests created by this Mortgage as first and prior liens on th Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lencrer agrees to th contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in conrhection with th matters referred to in this paragraph. Additlonai Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lende may do so for and in the name of Grantor and at Grantor's expense. For such purposea,l Grantor hereb irrevocably authorizes Lender to make, execute, deliver, file, record end do ail other things as may be necessary o desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It i understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays ail the Indebtedness when due, and otherwise performs all the obligation imposed upon GreMOr under this Mortgage, Lender shall execute and deliver to Grantor a sutable satisfaction of thi Mortgage and suitable statements of termination of any financing statement on file evidencing Lander'sl security interes ` in the Rants and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonably termination fe as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under thi Mortgage: ~ Payment Defauk. Grantor fails to make any payment when due under the Indebtedness. t i 1 i _ r__ ~ T _ _ _ _ _ _ _ _ ~ _ _ _ T MORTGAGE (Continued) Pege s Defauk on Other Payments. Failure of Grantor within the time required by this Mortgage to make arjy payment for taxes or insurance, or any other payment necessary to prevent tiling of or to effect discharge of any (ten. Other Defauks. Grantor fails to comply with or to perform any other term, obligation, covsnsryt or condkion contained in this Mortgage or in any of the Related Documents or to comply with or to perfc}rm any term, ~ obligation, covenant or condition contained in any other agreement between Lender and Grantor. ~'i Default in Favor of Third Pardee. Should Grantor dafauk under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. Fefse Statements. Any warcanty, representation ~ statement made or furnished to Lender by', Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, ekhar now or at the time made or furnished or becomes false or misleading at any time thereafter. Defectlw CoNateralizetion. This Mortgage or any of the Related Documents ce~es to be in full f~rca and effect (including failure of any collateral document to create a valid and perfected security interest or lien) dt any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointmert of a receiver for any pert of Grantor's property, any assignment for the beneftt of creditors, any type of creditor warkout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Credhor or Forfakurs Proceedings. Commencement of foreclosure or forfeiture proceedings, w er by judicial proceeding, self-help, repossession or any other msthad, by any creditor of Grantor or by arty gowr mental agency against any property securing the Indebtedness. Thts includes a garnishment of any of Gror or's accounts, including deposit accounU, with Lender. However, this Event of Defauk shall not apply if theta fa a good faith dispute by GnMor as to the validity or reasonableness of the claim which is the basis of tM crsdi~or or forfeiture proceeding end if GraMOr gives Lender written notice of the creditor or forfekure proceeding an~I deposits with Lender monies or a surety bond for the crsdkor or forfeiture proceeding, in an amount determined by Lender, in ks sole discretion, as being an adequate reserve or bond for the dispute. Beach of Other A~eemene. Any lxeach by Grantor ur?der the terms of any other agreement bstw$en Grantor and I` Lender that is not remedied within any grace period provided therein, includirtp without lirrtitationl any agreement concerning any indebtedness or other obUgatlon of Grantor to Lsndw, whether existing now or later,. Events Affectlrg Ouarsntor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or acco modetion pe dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any uaranty of th Indsbtedneaa. In the event of a death, Lender, at its option, may, but shall not be required] to, permit th guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory t Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes th prospect of payment or performance of the Indebtedness is impaired. \ Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any defauk, other than a defauk in payment is curable and if Grantor has eat been given a notic of a breach of the same provision of this Mortgage within the preceding twelve (12) morrths, it'may be cured i Grantor, after receiving written notice from Lender demanding cure of such defauk: it) cures tike defauk wkhi thirty (30) days; or 12) if the cure requiros more than thirty (30) days, immad+ately initiates steps which Lends deems in Lender's sole discretion to be sufficient to cure the defauk and thereafter continues ahd completes a reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Defauk and at any time thereafter, Lends at Lender's option, may exercise any one or more of the following rights and remedies, in addition to amy other rights remedies provided by law: Accelerate indebtedness. Lender shall have the right at its option, after giving such notices as required b ~ applicable law, to declare the entire Indebtedness immediately due and payable. i UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have dll the rights an ~I remedies of a secured party under the Uniform Commercial Code. ~ Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property end, wit or without taking possession of the Property, to collect the Rents, including amounts past due' and unpaid, an apply the net proceeds, over and above Lender's costa, against the Indebtedness. In furtheraj~ce of this righ , Lender may require any tenant or other user of the Property to make payments of rent or usb fees directly I _ _ , MORTGAGE (Continued) Pace ~ Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the acme and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obiigstions'~ for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exdreiae its rights under this subparagraph either in person, by agent, or through a receiver. Appdnt Receiver. Lender shall have the right to have a receiver appointed to take possession of alJ 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 cotlect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, againa the Indebtedness. The receiver may serve without bond if permitted by law.' Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Properly exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foredosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or though Lender, to sign an agreement for entering in', any competent court art amicable action in ejectment for posasssion of the Property and to appear for and cojnfeas 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 off this Mortgage verffied by affidavit, shall be a sufficient warrant; and thereupon a wrh of possession may be isLsued forthwith, without any prior writ or proceeding whatsoever. Nonjudidal Sale. If permitted by applicable law, Lender may foreclose Grantor's interest 1n ail or ir7 any part of th Personal Property or the Real Property by non-judicial sale. Defidency JudgmerK. Lender may obtain a judgment for any deficiency remaining In the Indelltedneas due t Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy K SuMeranca. If Grantor remains in possession of the Property after the Property is old se provid above or Lender otherwise becomes entitled to possession of the Property upon defauk of Grant~pr, Grantor shal become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1 pay a reasonabb rental for the use of the Property, or (2) vacate the Property immediately uporh the demand o lender. Other Remedies. Lender shall have ail other rights and remedies provided in this Mortgage or the Note or availabl at law or in equity. I Sals of the Property. 7o the extent permitted by applicable law, Grantor hereby waives any and all right to hav the Property marshalled. In exercising its rights and remedies, Lander shall be free to sell all on any part of th Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid ak any public sal on aN 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 Person I Property or of the time after which any private sale or other intended disposition of the Personal ~roperty is to b made. Unless otherwise required by applicable law, reasonable notice shall mean notice given let least ten (1 days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction wit any sale of the Real Property. Elactlon of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, a an election to make expenditures or to take action to perform an obligation of Grantor under this] Mortgage, aft r Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its r edies. Nothi under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available t Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lbndar to procee directly against Grantor and/or against any other co-maker, guarantor, surety or endorser andlor tq proceed again t any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fses; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgag , Lender shall be enttled to recover such sum as the court may adjudge reasonable as attorneys", fees at trial a upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, II reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the' protection of i s interest or the enforcement of its rights shall become a part of the Indebtedness payable on demannd and shall be r interest at the Note rate from the date of the expenditure until repaid. Expenses covered by thin paragraph includ , without limitation, however subject to any limits under applicable law, Lender's attorneys' fees alnd Lender's leg I expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedin s I 1 I i ~ ~ ' i MORTGAGE i (Continued) Page s lincluding efforts to modify or vacate any automatic stay or injunction), appeals, and any arrticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reporrts), surveyors' reports, and appraisal fees end title insurance, to the extent permitted by applicable law. Grantor also will pay any court costa, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mgrtgage shell be given in writing, and shall be effective when actually delivered, when actueNy received by telsfe?csirnile lunlsss otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in ~e United States mail, as ftrst doss, certified or registered mail postage prepaid, directed to the addressee shown ~ near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien whhich has priority over this Mertgags shall be sent to Lender's address, as shown near the beginning of this Mortgage. 'Any party may change its address far notices under this Mortgage by giving formal wr'tttan notice to the other parties, spscffying that i the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to aM Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreemerrt of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to thi. i Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged o ~ bound by the alteration or amendment. Annual Reports. If the Property is u:ed for purposes other than Grsr>tor's residence, Gnntor'shail furnish t Lender, upon request,, a certiNed statement of net operating Income received from the Property during GraMOr' previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cos ' receipts from the Property leas all cash expenditures made in connection with the operation of the property. Arbitratlon. Orsntor and Lends' agree that aN disputes, debris end carttrr>,radss between than whjether k~rdividud jdnt, err daa in ratan. arising from tide Maetgape err otherwise, irroktdirtp witftoret Bmitatlort c~ne?act and to disguise, ahsM bs arbitrated purerraM to the Rrdes of tits Ameeiaan ArbitraRion Assodation inpa~the three deim is 1Yed, upon request of eitMr party. No act to take or dispose of arty Property shah a waiver thb erbidation sgtantatt or be prohibited by this arbhaatlon agrssmeert. This indudas. without 6mitstlon obWnbrg frrjrawyiw relief or • temporary restrakring order; invotdrtp a power of eNe under any ~ of trust o mortgage; obtakip a writ of attachman or imposition of • recehnr; err eresrdaing any rights rele}elerg to person property, inokxing taking or deposing of such property with or without jutYdal Process pursuant td Artktle 9 of th Uniform Comneroiai Code. Any disputes, claims, or cor?troversies concerning tM lawtukrees or re~eeonaWer>•ss any act, or sxerciw of any right, concerning any Property, induding any Beim to rescind, reform, err othwwis modify any apreeerratt rsbtitlng to the Property, shah also be arbitrated, proMded however that n¢ arbltretor eh have tM right or the power to enJdn or restrain any set of any party. .hrdgrrterrt upon any sward jrsndered by an arbitrator may be entered In any court having Jurisdictlon. Nothing in this NAortgage shah predud~ arty party fro seek&rg equitable retiief firom a court of competent frxtsdk'tion. The statue of Umitatlons, estappei waiver, IaeMs and ewer dectrirtss which would otherwise be applksble in an action brought by a peaty shag be ~ppacable in an arbitration proceetRng, axed the commencement of an abitration proceeding shah be deemed the co'mrr?ertcemerrt o an action for these purposes. The Federal Arbitration Act shall apply to the construction, irrtlarpretation, an enforcement of this arbitration provision. Caption Hesdlrrgs. Caption headings in this Mortgage are for convenience purposes only and are not to be used t interpret or define the provisions of this Mortgage. Qoveming Lsw. This Mortgage will bs governed by federal law applicable to Lender std, tq the extsrrt n preempted by federal law, the laws of the Commonweedth of Pennsylvania without regard to its conflicts of la provisions. This Mortgage has been accepted by Lender in the Commomveatth of PsnnsyivaMa. i Choice of Venue. if there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of th i courts of Cumberland County, Commonwealth of Pennsylvania. ,Joint and Several Liability. All obligations of Grantor under this Mortgage shall bs joint and several, and a raferancea to Grantor shall mean each and every Grantor. This means that each Grantor signing below i responsible for ail obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless sac i waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any righ shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of thi,§ Mortgage she not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision o any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing bet~+een Lender an Grantor, shah constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any futur i transactions. Whenever the consent of lender is required under this Mortgage, the granting of such consent b 1 I, f MORTGAGE ~ {Continued) Page 9 Lender in any instance shall not constitute corrtinuing consent to subasquent instances where such consent is j required and in elf cases such consent may be granted or withheld in the sole discretion of Lander. SevsrabiNty. If a court of competent jurisdiction finds any provision of this Mortgage to be Ule~al, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provislomiUegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provsion shall', be considered modified so that it becomes Isgal, valid and enforceable. If the offending provision cannot be so modified, it shell be considered deleted from this Mortgage. Unless otherwise required by law, the illegalhy~ invalidity, or j unerrforceability of any provision of this Mortgage shall not effect the legality, validity or enforceabiliky of any other provision of this Mortgage. ~ Merger. There shall be no merger of the interest or estate created by this Mortgage wkh any ol~her interest or estate in the Property at any lima held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Irrt~rosts. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's', heirs, personal representatives, successors, and assigns, and shall be enforceabM by Lender and its successors and' assigns. Tines is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. AU parties to this Mortgsgs hereby waive the right to any jury trial in any aatiar,' proceerNng, or i couMerehMn brought by any party agdnet any other party. DEFfNITION3. The following capkalized words and terms shall have the following meanings whelp 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 pluralG and the plural shall include the singular, as the context may require. Words and terms not othsrwiae defined in this' Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Rollace E. Heusteas and Barbara A. Heustess and includes all co-signora and co-makers sigrdng the Note. Default. The word "Default" means the Dafauk sat forth in this Mortgage in the section titled "Default". EnvirorrrnerKal Laws. The words "Environmental Lawa" moon any and all state, federal and{ local statutsa, regulations and ordinancsa relating to the protection of human health or the environment, Inoluding without {imitation the Comprehensive Ernironmerrtal Response, Compensation, end Liability Act of 1980, aba amended, 42 U.S.C. Section 9801, et seq. ("CERCLA"i, the Superfund Amendments and Reauthorization Act df 1988, Pub. L. No. 99-499 ('SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resourc Conservation and Recovery Act, 42 U.S.C. Section 8901, et seq., or other applicable orate or fedleral taws, rules, or reputations adopted pursuant thereto. Event of Defsuh. Tha words "Evert of Default" mean any of the events of default set forth in this'Mortgage in th events of defauk section of this Mortgage. Grantor. The word "Grantor" means Rollace E. Heustess and Barbara A. Haustess. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party t Lender, including whhout limitation a guaranty of all or part of the Note. Hazardous Substances. Tha words "Hazardous Substances" mean matariala that, because oN' their quantity concentration or physical, chemical or infectious characteristics, may cause or pose a preserrt or'potential hazer to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured transported or otherwise handled. Tha words "Hazardous Substances" are used in their very braladest sense a include without limitation any and all hazardous or toxic substances, materials or waste as dsf)nsd by or Uste under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum an petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means ail existing and future improvements, buildFngs, structures mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Re 1 Property. ~ Indebtedness. The word "indebtedness" means all principal, interest, and other amounts, coslts and expense payable under the Note or Related Documents, together with all renewals of, extensions of, modifications o , consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced b Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations and this Mortgage, together with interest on such amounts as provided in this Mortgage. Spepifically, witho limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collaterallization provisio of this Mortgage. Lender. The word "Lender" means Members 1st Federal Credit Union, its successors and assigns. r ' MORTGAGE (Continued) Page 10 Mortgage. The word "Mortgage" means this Mortgage between Grarrtor and Lander. I Note. The word "Note" means the promissory note dated February 26, 2006, in the olnal prindpal amount of 9120,000.00 from GraMOr to Lender, together with sW renewals of, axtansiorte t, rnodificatio of, refinancings of, consolidations ot, and substitutions for the promissory note or agreement. The'maturiry date o the Note is March 1, 2010. Panionsl Property. The words "Personal Property" mean all equipment, fixtures, end other artigles of persona property now or hereafter owned by Grantor, and now or hereafter attached or affixed to t11e Reel Property together with ail accessions, parts, and additions to, a0 roplacements of, and all substitutions ttor, any of su property; and together with all proceeds (including without limitation all insurance proceeds 'end refunds o premiums? from any sale or other disposition of the Property. Property. The word `Property' means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in thi Mortgage. Related DocumsrKa. The words "Related Documents" mean all promissory notes, credit agreements, loa agreements, env'aonmental agreements, guaranties, security agreements, mortgages, deeds off trust, securi deeds, collateral mortgages, and all other instruments, agreements and documents, whether riow ar hereafte existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, proftts, an other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAbE, AND EAC GRANTOR AGREES TO IT8 TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHWLL CONSTITU AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: V:: v: X»: '<i ~~%F..°.`~,';.::~`~s;;: Seal R eustass~ ~ f Bali era A. Hsuates CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Members tat Federal Crsdrt Union, herein i8 as follows: 5000 Louise Drive, MechaMcaburg, PA 17055 ~ ~ T Attorney or Agent for Mo gages ~I I ' 1 ~ , MORTGAGE (Continued) Page 11 II INDIVIDUAL ACKNOWLEDGMENT I COMMONWEALTH OF PENNSYLVANIA 1 ~ 1 SS COUNTY OF~ _ 1 n this, h ~ ~ day of , 20 O" cS`J befe me the undersigned Notary Public, personely appeared Ragece Hsustess era eustess, cn n to m satisfactorily provenl to be the person whose names are subscri ed to the withi instrument, and acknowledged th ey executed the same for the purposes therein contai my hand and oificid ~ PICL 8E3AL ~ .A, Notary Public in and for the State of i~Ar c)amalMrion 4 ~ooa LAlO FlIO L~+1Yy. Va. ~1{.0600{ Cw. MMd Ilnwd~ WMi+. Lr. 7N7. X00{. N IIV~u ~a,nN. • M LVCMI/1N70.R ~14N~ M4~ 1 1 T ~ ~ , EXHIBIT "A" i ALL THAT CERTAIN tract of land, with the improvements thereon erected,; situate in Warrington Township, York County, Pennsylvania, designated Lot 2 on a Plan recorded in the Office of the Recorder of Deeds of York County, Pennsylvania in Plan Boowc FF, Page 864, known as and numbered 9478 Carlisle Road, DiUsburg, Pennsylvania 1019, more particularly described as follows, to wit: BEGINNING at a steel pin on the western right-of-way line of PA Route 74 (L.p~. 124) at a comer of Lot 1; thence along said Lot the following two courses and distance: S 61 ' 13' 25" W 186.9 feet to a concrete marker, N 30 ' 28' S0" W 238.65 feet to a concreete marker thence N 60' 44' S5" E 177.78 feet to a steel pin on the western right-of-wad line of P Route 74 (L.R. 124); thence along the western right-of-way line of said Road S~ 32' 38' 40 E 240.56 feet to a steel pin at a corner of Lot 1, the point and place of BEGi~NING. 84875 I I l~ I ._,T ~ _ r, • ~ ~~..C G~ M YORK COUNTYRECORDER OF DEEDS ; • ` ~ t, 100 WEST MARKET STREET YORK, PA 17401 ' • + ` ` I ,fi ~ ~ L,'', G.( Randi L. Reisinger -Recorder - ~ • • ~ Gloria A. Fleming -Deputy _ - ~ Instrument Number - 2005014936 Book -1708 Starting Page',- 3958 Recorded On 3/1/2005 At 12:53:15 PM * Total Pages -13 * Instrument Type -MORTGAGE Invoice Number - 535284 * Grantor - HEUSTESS, ROLLACE E * Grantee -MEMBERS 1ST FEDERAL CREDIT UNION User - DEF * Customer -RESIDENTIAL COMMERCIAL ABSTRACT INC * gggg PARCEL IDENTIFICATION NLTM~3ER STATE WRIT TAR $0.50 49000MD00050000000 JCS /ACCBS S TO 3IISTICB $10.0 0 Total Parceb: 1 RECORDING FBBB 529.00 AFFORDABI~B HOIISING $11.50 PIN NUlSHBR FBBS $2.00 COUNTY ARC8IVB3 FBB $2.00 ROD ARCHIVES FRB $3.00 TOTAL $58.00 I Certif~? This Document To Recorded In York County, P .q Q `?!h'" . • li9aoorder O[ OIJN I i ~ THIS IS A CERTIFICATIONPAGE PLEASE DO NOT DETACH THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT I * -Information denoted by an asterisk may change during the verification process and may not be reflected'on this page. ~ Book:1708 page: 3970 1 EXHIBIT "C" T~ _ . _ ~ ~ - _ _ _ _ _ _ _ r _l !_r.. PROMISSORY NOTE dyt. .:xe:r:, . v...... . I 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 tem. Any item above containing has bean omitted due to text len th limitations. Borrower: Rollsca E. Hsustess rr~~ V~ ~ CQ~R Members 1st Federal Credit Union Berbera A. Heusteas GG~1j`f~ ATTN: Small Bus&rsss lending 237 Ridge HM Rd. ma~y~// 5000 Loufa• Orive Mechanlaaburg, PA 17ff30" Mechanicsburg, PA 17059 Principal Amount: S200,000.00 Initial Rate: 7.350% Date tpf Note: Ma 9, 2006 PROMISE TO PAY. Rollaoe E. Heustass end Barbara A. Heustesa ("Borrower")jointly and severally promise to pay tq Members 1st F deral Credk Union ("Lender"1, or order, in lawful money of the United States of America, the principal amount of Two Hundred Thousand 001100 Dollars 15200,000.001. together with interest on the unpaid principal balance from May 9, 2006, until paid in fufi. Ths interest rate iii not increase above 18.000%. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in 119 regular Payne of 51,591.26 each and one irregular last payment estimated at $138,487.95. Borrower's flrat payment is due Juna 1,',2006, end ag s bssquent paymerts are due on the acme day of each month after that. Borrower's final payment wUl bs due on May 1, 2016,'',and veld be for it principal and all accrued interest not yet paid. Payments include principal end interest. Unless otherwise agreed or required br applicable law payments will be applied first to any unpaid collection costs; then to any late charges; than to arty secrued unpaid intersat; snd,thsn to Principe . Interest on this Note is computed on a 3651365 simple interest basis; that ia, by applying the ratio of the annual interest rate lover the numbs of days in a year, mutiplied by the outstanding principal balance, multiplied by the actual nwnbsr of days the principal balance is outstanding. orrower will pay Lender st Lender'a eddreaa shown above or at such other place as Lender may designate in wrking. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes,in an independe t index which is the weekly U.S Treasury 5-Year Constant Maturity published prior to rate adjustment (the "Index"). The Index is not necea arily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate e s bstitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The inbregt rate change w II not occur more often than each sixty months. Borrower urxleretands that Lender may make loans based on other retea as welll. Ths Index cur sntly is 3.595% per annum. The tntarest rate to be applied to the unpaid principal balance of this Note will bs at a rate of 3.1755 percentage points over the Index, resulting in an inkial rKe of 7.350% per annum. Notwithstanding the foregoing, the variable interest rate pr rates provide for in this Note will be subject to the foNowing minimum end maximum rates. NOTICE: Under no circumstances will the interest rate on this N to be less than 7.350% per annum or more than (except for any higher default rate shown below) the leaser of 18.000% per ahnum or the ma imum rate allowed by applicabb law. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one ime on this loan wilt not exceed 10.650 percentage points. Whenever increases occur in the interest rata, Lender, at its option, ;may do one or ore of the following: (AI increase Borrower's payments to ensure Borrower's loan will pay off by its original final matur(ry data, (BI increase rrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (DI continue Borrower's payments at t e same amount and increase Borrower's final payment. PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower unddrstands that Le der is entitled to a minimum interest charge of 51.00. Other than Borrower's oblgation to pay any minimum interoat charge, Borrower ma 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 wri ng, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce t e principal balance due end may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in f II", "without recourse', or similar language. If Borrower sends such a payment, Lender may accept it without losing anyj of lender's rig Ls under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communicationls concerning di uted amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amo towed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or deRivered to: Mem ere 1st Federal Credit Union, 5000 Louise Drive Mechanicsburg, PA 17050. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly ached led payment or 525.00, whichever is less. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, lender, at its option, may, if 'permitted under applicable law, increase the variable interest rate on this Nate to 15.000% per annum. The intersat rate will not exceed the mbximum rate per fitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at th interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default"I under this Note: Payment Default. Borrower fails to make any payment when duo under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition cpntained in this ote or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any othe agreement between lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, pur hose or sales agreement, or any other agreement, in favor of any other creditor or parson that may materially affect any of Borrower's roperty or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or an Borrower's behal 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 bec mss 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 i solvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit df 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, eel -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collziterat securing t e loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However,'.. this Event of D fault shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is tlhe basis of the reditor or rm _ , ' 1 PROMISSORY NOTE Loan No:~ ~ (Continued} ~ Page 2 forfeiture proceeding end if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, 8s being an adeq ate reserve or bond for the dispute. Events Affecting Gwrentor. Any of the preceding evanta occurs with respect to any guarantor, endorser, surety, or eccommoda ion party of any of the lndebtednesa or any guarantor, endorser, surety, or eccommodedon party dial or becomes incompetent, or revokes r disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. in the event of a death, Lend r, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the oblEgations Arising under th guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of paymen or performance of this Note is impaired. Insecurity. Lender in good faith believes itself Insecure. Cure Provisions. If any default, other than a default in payment is curable end if Borrower has not been given a notice of a breac of the same provision of this Note within the preceding twelve (12) mantha, it may be cured if Borrower, after rece.iving', written notice om Lender demanding cure of such default: (1) cures the default within thirty (30) days; or (2) if the cure requires more than thir (30} days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereof[ r continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, lender may, after giving such notices as required by applicable law, declare the entire unpaid print pal 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 Nota if Borrower does not pay. Borrower ill pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and lender's 18ga1 expenses, hether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings lincluding efforts to modify or vlacata any auto alit stay or injunctionl, and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to 811 other sums p vided by law. JURY WAVER. Lsnd.r end Borrower hereby waive the right to any jury trial in any action, proceeding, or countercleiM brought by el her Lender or Borrower against the other. GOVERNING LAW. This Nab wiN ba governed by federal law sppBcabb to Lsndar and, to the extant not preempted qy federal law, a laws of the Commonweshh of Pennsylvania without regard to its conflicts of law provisions. This Nota has been accepted b1r Lsndsr 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 oourta of Cumbe land County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower wilt pay a fee to Lender of 525.00 if Borrower makes a payment on Borrower's Igan and the the k or preauthorized charge with which Borrower pays Is later dishonored. STATUTORY LIEN. Borrower agrees that ell loan advances under this Note are secured by alV shares and deposits in pll joint and indi idual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender, to the extent permitted by applicable law, to apply the balance in these accounts to pay any amounts due under this Note when Borrower is in default under this Note. Shales and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as sec rity are not subject to the security interest Borrower has given in Borrower's shares and deposits. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed h rein: (A) a Mortgage dated May 9, 2006, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (Bl an Assignment of All Rants to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. ARBITRATION. Borrower and lender agree that all disputes, claims and controversies between them whether individpal, joint, or cla s in nature, arising from this Note or otherwise, including without limitation contract and tort disputes, shelf be arbitrated (pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of ekhsr party. No act to trlke or dispose o any collateral securing this Nob shall consthub a waiver of this arbitration agnemant or 6s prohibited by this arbitrotion'sgroemsnt. Th includes, without limitadon, obbining ir~unctlve relhf or a tsmpo?sry restraining order; invoking a power of sale under any doe of trust or mo gags; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, Inclu~fng taking or d posing of such property whh or without judicial process pursuant to Article 9 of the Uniform Commsroial Cods. Any disputes, 'claims, or contr varsles concerning the lawfulness or raasonabbnesa of any act, or sxercis• of any right, concsming any collateral securing this Nots, includi g any claim to roscind, reform, or otherwise modify any agreement relatlng to the collabral securing this Note, shah also b~ arbitrated, pro ided however that no arbitrator shell have the right or tfw power to enjoin or restrain any act of any party. Judgment up any award re Arad by any arbitrator may be entered in any court having jurisdiction. Nothing in this Note she(( preclude any party from sea ing equitable r iaf from a court of competent jurisdiction. Ths statute of Ifmltations, estoppel, waiver, lathes, end similar docuinss which wou~jd othsrwisa bs pplicabla in an nctron brought by a party shall be applicable in any arbitration proceeding, end the commencement of an arbitroldon proceeding hall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shad apply to the construcdion, interpreteti n, and enforcement of this arbitration provision. MEMBERSHIP REQUIREMENTS. All borrowers and Guarantors must maintain a membership with the Credit Union in good standing f r the life of the loan. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representativ s, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us,if we report en inaccurate intormation about your account(s) to a consumer reporting agency. Your written notice describing the specific inacewracy(ies) shout be sent to us at the following address: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17050. GENERAL PROVISIONS. lender may delay or forgo enforcing any of its rights or remedies under this Note without lasing them. Eac Borrower understands and agrees that, with or without notice to Borrower, Lander may whh respect to any other Borrower (a~ make one or re additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, a~Gcelerate, or oth rwise change one or more times the lima 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 ar decide not to perfect, and release any security, Wvith or without he substitution of new collateral; td) apply such security and direct the order or manner of sale thereof, including without limitation, an non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; fa) release substitute, I _ 3 ~ , • ~ PROIVIlSSORY NOTE ~ ,l ~ Loam No: (COntinUBd) Page 3 i agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms ar in any manner ender may choose; and if) determine how, when end what application of payments end credits shall be made on any other indbbtedneaa awin by such other Borrower. Borrower and any other person who signs, guarantees or endorsee this Note, to the extent allowed iby law, waive p eaentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise exprbsaly stated in riling, no party who signs this Nota, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All auc parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or relesae any party or guarantor or colletere ; or impair, fait to realize upon or perfect Lendsr'a security Interest in the collateral; and take any other action deemed necesssryj by Lender with ut the consent of or notice to anyone. All such parties also agree that Lender may modify this loan wkhout the consent of for notice to any ne other than the party with whom the modification is made. The obligations under this Note ere joint and several. If any potion of this Not is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION Of JUOQMENT. BORROWER HEREBY IRREVOCABLY AUTHORt2ES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, T0'APPEAR AT AN TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OIR ENTER JUDG ENT AGAINST BORROWER FOR 7HE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATH CHARGES AN ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, tOGETHER WIT COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%) OF THE UNPAID PRINCIPAL BALANCE ANp ACCRUED IN EREST FOR COLLECTION, BUT IN'ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (9500) ON WHICH JUDGMENT OR .JUDGMENTS 0 E OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; ANO FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERhFIED BY AFFID VlT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL N T BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL P YMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY WAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE Of L DER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SI(3NEN€i THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NO'~E, INCLUDING HE VARIABLE INTEREST RATE PROVISIONS. 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 ANO SHALL CONSTITUTE AND HAVE THE EFFECT F A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: r f , ; ` ~ +x::,t > ' ":1 1 r., '?'f Ball X ` ~ :~~>?~.av;•~'~;r;s~~..~. N;s:fs,z.:; Seal cs . Heustess n A. Hswtss LENDER: MEMBERS 1 T FEDERAL CREDIT UNION orized Signer uses r~o t..~~, v., sa.aoaa e.n. N,nw rr..w e.rY.~,, w. err. ~aa. ~ Neu w.,.w. • r~ x~lt~artalox t~.toN roe - EXHIBIT "D" r _ _ r.. _ _ ~ ~ ~ i Parcel identification ~ ~ ~ ~ ' Nurr~er: 18-23-0585-049 1 ~pu 1 ~ ~ 52 tL~~ 1 1I,' 1 1 RECORDATION REQUESTED BY: MemMro 1st Federal Credk Union ATTN: Smell Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 WHEN RECORDED MAIL To: Members 1st Federal Credit Union ATTN: Small Business Lend~g 5000 Louise Drive Mechanicsburg, PA 17055 SEND TAX NOTICES TO: Members 1st Federal 1 Cradle Union ATTN: SmaN Business Lending 5000 Louise Drive Meohanioaburo PA 1705b FOR RECORDER'SIUSE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and uthpaid balances of advances and other extensions of credit, secured by the Mortgage made folr the payment of taxes, assessments, maintenance charges, insurance premiums and costa irtctmed for the protection of the mortgaged premises shall not exceed at any one time 8200,OC~0.00. Amount Secured Hereby: 5200,000.00 THIS MORTGAGE dated May 9, 2006, is made and executed between Rollace E. Heustess and Barbara A. Heustess, whose address is 237 Ridge Hill Rd., Mechanicsburg, PA 17050~~ (referred to below as "Grantor") and Members tat Federal Credit Union, whose address is ATTN: Small Business Lending, 5000 Louise Drive, Mechanicsburg, PA 17055 (referred to below as "Lender" GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargsins, sells, conveys, assigns, transfers, roleaaea, confirms and mortgages to lender ell of Grantor's right, title, and interest in and to the following described I real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and wsys; all easements, rights of way, all liberties, privileges, tenements, I hareditaments, end appurtenances thereunto belonging or anywise made appurtenant hereafter, and the rev¢rsions and i remainders with respect thereto; ell water, water rights, watercourses end ditch rights (including stock in ut Iities with ditch or irrigation rights); end all other rights, royalties, and profits relating to the real property, Including wi out limitation all minerals, oil, gas, geothermal end similar matters, (the "Reel Property") located in Cu Berland i County, Commonwealth of Pennsylvania: See Exhibit A, which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. ! The Real Property or its address is commonly known as 28 & 30 N. Market St., Mechanicsburg, PA 17055. The Real Property parcel identification number is 18-23-4565-049 I 8K 1950PG4~49- r._,..-- ~ _ , , r ~ n MORTGAGE Loan No: (Continued) Pege 2 CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and Ifabilitiiea, plus interest theroon, 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 purpofse of the Note, whether voluntary or otherwise, whether due or not due, direct or indiroct, determined or undetermined„ absolute or contingent, tiquldated or unliquideted whether Grantor may be Uable individually or jointly with others, whether obligated as gusrontor, surety, accommodation party or otherwise, end whether recovery upon such amounts may be or heroafter may become barred by any statute of limitations, and whether the obligation to repay such amounts' may be or hereafter may become otherwise unenforceable. ~ Grantor presently assigns to Lender ail of Grantor's right, title, end interest in and to all present end future lea,aes of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS' AND PERSONAL PROPERTY, M GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMl~NCE OF ANY AND ALL OBLIGAT1dNS UNDER THE NOTE IN THE ORIGMIAL PRINCIPAL AMOUNT OF 8200,DOQ.f?t), ZfiHE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE 15 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire tittle to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Grantor shell pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform ell of Grantor's obligations vender this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be govamed by the following provisions: Posasssbn and Use. Until the occurrence of en Event of Default, Grantor may (1} remain fn possession end control of the Property; (2) use, operate or menage the Property; and 13) collect the Rents from the Property. Duty to Mair?Wn. Grohtor shall maintain the Property in tenantable condition end promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Comptlance With Environma?rtal 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 threatened 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 bean, except as previously disclosed to end acknowledged by Lender in writing, la) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, etoraga, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners ar occupants of the Property, or lc) any actual or threatened litigation or claims of any kind by any person relating to such matters; and l3) Except as previously disclosed to and acknowledged by Lender in writing, la) nekher Grantor nor any tenant, contractor, agent or other authorized user of the Property eha11 use, generals, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and Ib) any such activity shall be conducted in compliance with all applicable federal, state, end local laws, regulations and ordinances, including without limitation all Environmental laws. Grantor authorizes Lender and Its agents to enter upon the Property to make such inspections end tests, at Grantor's expense, es Lender may deem appropriate to determine compliance 4f the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or IlabNity on the part of Lender to'Grentor or to any other person. The reprassntationa and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1} releases end waives any fut~Yre claims against Lender for indemnity or conMbution in die event Grantor becomes liable for cleanup or other costs under 11 any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, Ilabilitiss, damages, penalties, and axpsnsos which Lender may directly or indirectly sustain or suffer rosuking front 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 same 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 Indabtedneas and the satisfaction and reconveNance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether ~ by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or 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. i ~ g~o~~o050 ~ - - - ____.---^a_._._._ r _ . _ _ 'T~ _ _ _ _ , , i 4 MORTGAGE Loan No: (GontinUed) Page 3 ~ Removal of Improwmenb. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. Aa a condition to the removal of any Improvements, Lander may', require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements bf at least equal value. Lender's Right to Errter. Lender and Lender'a egante and repreeentetives may enter upon the Real Property at aN reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Cornplianos with GovwnmeMN Requirements. Grantor shell promptly comply with all laws, ordinances, 'sand regulations, now or heFesfter in effect, of all governmental auttwritiee applicable to the use or occupancy of the Property, including whhout limitation, the Americans Whh Dieabiiities 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 eo long es, in Lender's sole opinioh, tender's interests in the Property ere not jeopardized. Lender may require Grantor to post adequate security or a'surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protest. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do ~pll 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 preaerva the Property. TAXES AND LIENS. Tha following provisions relating to the taxes end liens on the Property are part of this Mortgage: Payment. Grantor shell pay when due (and in all events prior to delinquency) all taxes, payroll texas, sppciel texas, assessments, water charges and sewer service charges fouled against or on account of the Property, said shall pay when doe all claims for work done on or for services rendered or material furnished to the Property. Grantor shell maintain tM Property fns of any liens having priority over or equal to the interest of Lender under this ortpage, except for those bares apeciflcaily agreed to in writing by Lender, and except for the Ilan of texts end eaisesaments not due as further specified to the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, sssesament, or claim in connection with a' good faith dispute over tM obiipation to pay, so beg ss Lendsr'• interost in the Property is not Jeopardized. If a lidn arises or Is fbsd es a result of nonpayment, Grantor shall within fifteen (t b) days after the kien arises or, if a Men is filed, within fifteen (16) days eftar Grantor has notice of the filing, secure the discharge of the lien, or if raqubated by Lender, deposit with Lender cash or a sufficient corporate suety bond or other security satisfactory to Lender in an amount sutMc(snt to discharge the Ilan plus any costa and attomays' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shah defend itself end Lender and'~shab satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obl'reae under any surety bond furnished in the contest proceedings. Evidence of Paynwnt. Grantor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes or assessments and shalt authorize the appropriate governmental official to deliver to Lender at any time a written statement of the texas and assessments against the Property. Notice of Comtructlwt. Grantor shall notify Lender at least fifteen (1b) days before any work is commBnced, any services are furnished, or any materials era supplied to the Property, If any mechanic's lien, materialme{~'s lien, or other lien could be asserted on account of the work, services, or materials end the cost exceeds 05,0010.00. 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 ere a part of this Mortgage: Msintensutce of kisunnoe. Grantor shell procure and maintain policies of fire insurance with standard gxtended coverage endorsemsrtts on a replacement basis for the full insurable value covering ell Improvements oh the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability Insurbnce in such coverage amounts as Lender may request whh Lender being named ae additional insureds in such Itebilpty insurance policies. Additionally, 6nntor shall maintain such other inaurenca, including but not limited to hazard, hruaineas interruption and bolkr insurance as Lender may require. Policies shell be written by such insurance companies end in such form es may be reasonably acceptable to Lander. Grantor shall debver to Lander certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a nhinimum of thirty 130) days' prior written notice to Lender end not containing any disclaimer of the Insurer's liability for failure to give such notice. Each insurance policy also shell include an endorsement providing that coverage ih favor of lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Fedeni Emergency Management 14gency es e spacial flood hazard area, Grantor agrees to obtain and malntein Federal Flood Insurance, if available, for the full ~ unpaid principal balance of the loan and any prior Ilene on the property securing the loan, up to the maximum policy I ii J SK~95~~G~651 _ - _ _ r._ . . MORTGAGE Loan No: (Continued} Page 4 limits set under the National Flood Insurance Program, or es otherwise required by Lander, and to maintain such insurance for the term of the Coen. Applicatlon of Procaeda. Grantor shall promptly notify Lender of any loss or damage to the Property if this estimated cost of repair or replacement exceeds bIi,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, of Lender's election, rocaiva 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 end repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or dea~royed Improvements in a manner aetlsfactory to Lender. Lender shall, upon eatiafsctory proof of such expenditlure, pay or reimburos Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not ire default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt end which Lander has not committed to the repair or restoration of the Property shall be used first to pay any amouht owing to Lender under this Mortgage, then to pay accrued Interest, and the remainder, if any, shall be applied t{~ 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 gnterest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, (ncl~ding but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or',pay under this Mortgage or sny Related Documents, Lender on GreMOr's behalf may (but shall not be obligated to) tske',any action that Lender deems appropriate, Including but not limked to diachar~ng or paying all taxes, liens, security interests, encumbrances end other ckims, at any time levied or placed on the Property and paying ell costs for insuring, maintaining end preserving the Property. All such sxpanditurea Incurred or psid by Lender for such purposes will then bear interest at the rata charged under the Note from the date Incurred ar paid by Lender to the date of rapsylmant by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will tAi be payable on demand; (8) ba added to the balance of the Note and be appordoned among and bs payable with any installFnent payments to become due during ehhar (1) the term of any applicable insurance policy; or (2) the rsmainin~ term of the Nots; or (C) be treated sa a baibon payment which will bs duo and psysble at the Note's maturity. Thp Mortgage also will wcure payment of these amounts. Such right shall be In addition to all other rights and remedies tol which Lender may be entitled upon Defeuit. Grantor's obligation to Lender for ell 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 pert of this Mortgage: Title. Grantor warrants that: la1 Grantor holds good and marketable tkle of record to the Property in fee simple, free and clear of ail Uena and encumbrances other than those set forth in the Real Property description qr in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender In con{~ection with this Mortgage, and Ib) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warcants and will forever del`end the title to the Property against the lawful claims of all persona. In the event any action or proceeding is commmenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the act~on at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding end to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender ouch instruments ea Lender may request from Ume 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. Sunrfval of Represerrtations and Warrarniss. All representations, wsrrentias, and agroamsnta made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shell be continuing in nature, a~hd shall remain in full force and effect until such time ea Grantor's Indebtedness shall be paid in full. ~ CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: ProcesdMgs. If any proceeding in condemnation is filed, Grantor shell promptly notify lender in writings end Grantor shall promptly take such slaps as may bs necessary to defend the action end obtain the award'; Grantor msy be the nominal party in such proceeding, but Lander shall be entitled to participate in the procsedirlg end to be represented in the proceeding by counsel of its own choice, end Grantor wilt deliver or cause to be delivered to lender such instruments and documentation as may be requested by Lender from time to time to permits such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may et its election require that all or any p©rtion of the I ~K ~ 95~{ ~I~552 _ _ . _ _ _ T i _ _ T 1 ° ~ - MORTGAGE Loan No (Continued) Page 5 net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. Tine net proceeds of the award shall mean the award after payment of sil actual coats, expenses, end attorneys' fees incurred by Lender in connection with the condsmnetion. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges era a pert of this Mortgage: Currant Texss, Foss 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 expenses incurred in recording, perfecting or continuing this Mortgage, inciuding without Iimitatlon all taxes, tees, documentary stamps, end other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (t) a specffic tax upon this type of Mortgage or upon all or any part of the indebtedness secured by this Mortgage; (2) a specific tax on C#rantor which Grantor is authorized or required to deduct from paymerts on the {ndebtednesa secured by this type of Mortgage; 13) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; ~rnd (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by C3rantor. Subsequent Tax®s. If sny tax to which this section applies is enacted subsequent to the dste of this Mortgage, this event shak have the same effect as an Event of Dateuit, and Lender may exercise any or ell of its aWsileble remedies for an Evert of Default as provided bebw unless GraMOr either (t) pays the tax before it oedemas delinquent, or (21 conteata the tax as provided above in the Taxes end Liens section and deposits with'. Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AfiREEMENT; FINANCING STATEMENTS. The following provisions reteting to this Mortgage as a security agreement aro a part of this Mortgage: Sscurky Agreement. This irutrument shall constitute a Security Agreement to the extent any of the Property constitutes flxturos, and Lender shell have ail of the rights of a sacurod party under the Uniform Commercial Code as amended from time to time. Ssourky Interest. Upon request by Lander, Grantor shell take whatever action la requested by Lender to perfect and continue Lender's security interest in the Rents end Personal Property. In addition to recording thlsl Mortgage in the rani property records, Lender may, at sny time end whhout further authorization from Grantor, fii~ executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shell reimburse lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor ahail npt remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Poreonal Property not sffixed to the Property in a manner and at a place reasonably convenient to Grantor end Under end make tt available to Lender within three 131 days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. Tha mailing addressee of Grantor (debtor) end Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained teach as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further asaurences and additional authorizations ere a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refilad, or rerecorded, as the case may bs, at such times and in such offices end places as Lender may deem appropriate, any and all such mortgsges, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certifica7tes, and other documents as may, in the sole opinion of Lander, be necessary or dssirebla in order to effectuetey complete, perfect, continue, or preserve (1) Grantor's obligetiona under the Note, this Mortgage, and the Ralateld Documents, end (2) the liens and security interests created by this Mortgage as first end prior liens o~ the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shell reimburse Lender for ail costs end expanses incurred in connection wikh the matters referred to in this paragraph. Additlonal Authorizations. if Grantor fails to do sny of the things refarced to in the preceding paragrapfh, Lender may do so for and in the name 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 nlecessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shalt require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays ell the Indebtedness when due, and otherwise performs ail the obligations imposed upon Grantor under this Mortgage, Lender shall execute end deliver to Grantor a suitable satisfecti4n of this i 3K 195G~i~G553 _ _ _ T _ ' _ MORTGAGE Loan No: (Continued) Paga 6 Mortgage and suhable statements of termination of any financing statement on file evidencing Lender's sscurNty interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable terrntlnation fee ea determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, et Lender's option, shall constitute an Event of Defeuh under this Mortgage: PaymsM Default. Grantor fails to make any payment when due under the Indebtedness. Defeuh on Ottrer Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor 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 Lander and Grantor. Dsfauk in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may tnetarially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. Fsise Ststerrrerrts. Any warranty, representation or statement made or furnished to Lender by Grantor a,r on Grantor's behalf under this Mortgage or the Related Documents la false or misleading in any materiel ret9pect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defeal3w CoMwalbatlon. This Mortgage or any of the Reietad Documents ceases to ba fn full force grid effect Uncluding failure of any collateral document to create a valid and perfected sscurhy interest or lien) at any time and for any reason. Death or hrsolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any pert of Grantor's property, any assignment for the benefh of creditors, any type of creditor workout, or the i commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfdture Proceedings. Commencement of foreclosure or forteiture proceedings, whether bey Judicial proceedMg, sNf-lteip, repossession or any other method, by any creditor of Grantor or by any govemmajntal agency against any property securing the indebtedness. This includes a garnishment of any of Grantor's accouhts, including dsposh 1CCtlunta, whh Lender. However, this Event of Defeuh shall not apply if therets a gogd faith dispute by Grerrtor ss to the validity or reasonableness of the claim which is the bests of the creditor or'~forteiture proceeding and if Grantor gives Lender written notice of the creditor or forfahure proceeding and dsposlta with lender monies or s surety bond for the creditor or forteiture proceeding, in en amount determined by Lelnder, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Qrantor and Lender that is not remedied within any grace period provided therein, including without limitation any el~reement concerning any ind~tedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting ®rsxentor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes inr~mpetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shalt not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, end, in doing so, cure any Event of Default. Adveree Change. A materiel adverse change occurs in Grantor's financial condition, or Lender believes the i prospect of payment or performenee of the Indebtedness is Impaired. Insecurity. Lander in good faith believes itself insecure. Right to Curs. If arty default, other then a default in payment is curable end if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12} months, It may be cured if Grantor, after receiving written notice from Lender demanding curo of such default: l11 cures the defq'ult within thirty 130! days; or 12} if the cure requires more than thirty (30) days, immediately Initiates steps which Lender deems in Lender's sole discretion to be wfficient to cure the detauh end thereafter continues end completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default end at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addhion to any other rights or remedies provided by law: If Accelerate Indebtedress. 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. 5~ 19~~F~~s554 _.m ~ , MORTGAGE Loan No: (Continued) Page 7 I UCC Remedies. With respect to ell or any pert of the Personal Property, Lender shall have all the rights and remedies of ¦ secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grarrtof, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaild, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. in furtherance of his,right, Lender may require any tenant or other user of the Property to make payments of rant or use foes dhect~y to Lender. If the Rants are collected by Lender, then Grantor irrevocably authorizes Lander to endorse inatrfuments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds.', Payments by tenants or other users to Lender in response to Lender's demand shell satisfy the obUgations for which the payments era made, whether or not any proper grounds for the demand existed. Lender may exercise ills rights under tl?is subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lander 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 forleclosure or sale, and to coNect the Rents from the Property end apply the proceeds, over and above the cost of the receivership, against the indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shell exist whether or not the apparont value of the Property exceeds tike Indebtedness by s aubstantisl amount. Employment by Lender shall not diaquelffy a person from serving as a receiver. Judkast Forecbaure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any parf of the Property. Poasesskm of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes end empowers any attorney of any court of recoM In the Commonwealth of Pennsylvania or elsewhere,',ea attorney for Lander and all persona claiming under or through Lender, to sign an agreement for entering In any cdmpstent court an amicsbb action in ejectment for possession of the Property end to appear for and confess judgment aganst Grantor, end against all persona claiming under or through Grantor, for the recovery by Lender df posaeaabn 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 wrk or proceeding whatsoever. Nonjudkiel Sala. if permitted by applicable law, Lander may foreclose Grantor's Interest in ell or in any pert of the Personal Property or the Real Property by non-judicial sale. Defkaency Judgrt?errt. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufhrance. 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 defsuk of Grantor, Grlantor shall become a ~nsnt at sufferance of Lender or the purchaser of the Property and shall, at Lender's option,'eRher i1) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Otter Remedies. Lender 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. 7o the extent permitted by applicable law, Grantor hereby waives any end sli righR to have the Property marehalbd. in exercising its rights and remedies, Lender shall be free to sell all or any park of the Property together or separately, (n one sale or by separate sales. Lender shall be entitled to bid at any public sale on ell or any portion of the Property. Notice of Sala. Lender shell give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Properly fs to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ken 1101 days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjwnction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and en election to make expenditures or to take action to perform an obligation of Grantor under this Mortgpge, after Grantor's failure to perform, shall not effect Lender's right to declare a default and exercise its remsdiep. Nothing under this Mortgage or otherwise shall be construed so sa to limit or restrict the rights end remedies evlailable to Lender following an Event of Default, or in any way to Iimh or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser end/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Faes; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shell be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees attrial and i 9K ~ ~5OP~ue55 m r~" ___~_n_r.~ _ _ _ _ _ r i - i ' MORTGAGE Loan No (Continued) Page 8 upon any appeal. Whether or not nny court action is involved, end to the extant not prohibited by law, sill responsbie expanses Lender incurs that in Lender's opinion ere necessary at any time for the protection pf its interest or the enforcement of fu rights shall become a part of the indebtedness payable on demand and' shell bear interest st the Nots rate from the date of the expenditure untfl repaid. Expenses covered by this parogreph include, without limitation, however sub}act to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not them is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or in}unction), appeals, end any anticipated posit-Judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grnntor also v~ri11 pay any court costs, in addttlon to all other sums provided by law. NOTICES. UnMss otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shad be effective when actually delivered, when actually received by telefacsimila (unless otherwise required by lawl, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States melt, es first class, certified or reg(atered mail postage prepaid, directed to the eddrssase shown near the beginning of this Mortgage. Ali copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall b~ sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its sddreas for notices under this Mortgage by giving iormai written notice to the other pnrtiea, apacifying that the purpose of the notice la to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unleae otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions era a part of this Mortgage: Amendmerrts. This Mortgage, together with any RNstsd Documents, constitutes the entire understandiing end agreement of the partlsa ea to the matters set forth In this Mortgage. No aherstion of or amendment to this Mortgage shah be effective unless given In writing end signed by the party or parties sought to be charged or bound by the aheretion or amendment. AnnuM Reports. If the Property is used for purposes other than Grantor's residence, GraMOr shall furnf~h to Lender, upon request, a certified statement of rest Operating income rocelvsd from the Property durfr?g raptor's previous flscN year In such form and detail as Lender shall require. "Net opersting Income" shell mean fail cash receipts from the Property less all cash expenditures made in connection with the operation of the Proplsrty. Arbitration. anntor and Lender agree that aN disputes, claims and controversies between them whether intdviduai, joint, or lass to nsrirre, arising from this Mortgage or otherwise, kwduding without Nrrdtadon contract a{rd tort disputes, shah be arbitrated pureuarK to the Rules of the American ArbWation Aasociatlcn in effect st the tkne the dakn w f>iad, upon request of either party. No act to take or dispose of any Property shall constidrba a Iwaivsr of this arbtration agreement or be prohibited by this arbld~ation prestnerrt. This includes. vvitfaut Ikrriueti{rn, obtaining injunctive reMef or a temporary rastrdnk?g order; invak(ng a power of sale under any deed of t~wt or mortgage: ab~taking a writ of attachment or imposition of a nwivs~r: or exercising any rights relatlrg toI personal property, incuding taking or disposing of such property with or without judicial process pursuant to Ar,dtcle 9 of the Uniform Commarcid Code. Any dbputes, claims, or corrtrwereies concarcrYng the iavvftatnsss or reasor~ableneas of any sat, or axerobe of any right, concerning any Property, including any claim to rescind, reform, or othhsrwise modify any agreswnerK relating to the Property, shed abo be arbitrated, provided however that no arbitrator shall haw ttN ~ or the power to enjoin or restrabt any act of any party. Judgnrerrt upon any award rendajred by any arbkrator may be arrtared in any court having jurisdiction. Nothing in this Mortgage shell preckxie any y iram ssekirg equitable relief from a court of competent jurisdiction. The statute of Gmhatiorn, estoppel, wr, lachsa, and sknAar doctntrrss which would otherwise ba applic~ls M an action fought by • party shall b• ap bis in any arbltratlont proceeding, and the commencement of an arbitration procaedirrg shah be deemed the oommwncenwrK of ~ notion for these purposes. The Federal Arbitratbn Act shad apply to the construction, irnerprstation, and eMoroemerK of this arbitration provision. Caption Hearings. Caption headings in this Mortgage are for convenience purposes only end ere not to ba used to interpret or define the provisions of this Mortgage. Govsmkrg Law. This Mortgage wpl be governed by federal law appNcsbN to Lerner end, to the extent, not preempted by federal law, the lawn of the Commonweakh of Perrrtsyivania without regard to its confiiclts of law provbtona. This Mortgage has bean accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venom. 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. I j Joint and Sevarsl Liablity. All obligations of Grantor under this Mortgage shall be }oint end 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 Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such J ~K1950PG0056 _ _ _ _ _ _ T 1 ~ , - ' MORTGAGE Loan No: (Continued) Page 9 waiver is given in writing end signed by Lender. No delay or omission on the pert of Lender in exercising pny right ~ shell operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shell not prejudice or constituM a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provlsbn of this Mortgage. No prior weivar 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 ns to any fu~'ure transactions. Whenever the consent of Lander is required under thk Mortgage, the granting of such covalent by Lender fn any instance shad not conathute continuing consent to subsequem inatancas where such conselnt is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. SswrabUky. If a court of competent jurisdiction fMds any provision of this Mortgage to be illegal, invalid,;, or unenforceable ve to any person or circumstance, that finding shall not make the offending provision iUagsR, invalid, or unenforceable as to any other person or circumstance. 1f feasible, the offending provision shell be considered modified so that h becomes legal, valid and enforceable. If the offending provision cannot be so modified, it sheN be considered deleted ftom this Mortgage. Unless otherwise required by lave, the illegality, invalidity, or unenforesability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other ! provision of this Mortgage. Merger. There shell be no merger of the interest or estate created by this Mortgage with any other Interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Mteras~. The farms of this Mortgage shall 6e binding upon Grantor, end upon Grantor's heirt, personal representatives, successors, and assigns, end shall be enforceable, by Lander end its successors and assigns. Tams Is of tM Essence. Time is of the essence in the performance of this Mortgage. Waive "hay. Ap parWs to fhb Mortgsgs hereby waive the right to any jury trial In any action, procsedln~, or counterclaim brought by any party against any other party. DEFfNlTIONS. The following capkslized words end terms shell have the following meanings when used !n this Mortgage. Unlias specifically stated to the contrary, all references to dollar amounts shall mean amounts in ?awtul money of tM Unhed States of America. Words and terms used in the singular shell include the plural, and the plural shelf inetuds the singular, as the context may require. Words and Urms not otherwise defined in this Mortgage shall have the meanings attributed to such farms in the Uniform Commercial Code: Borrower. The word "Borrower" means Rollace E. Heustess and Barbera A. Heustess and includes all cv-signers end co-makers signing the Note and ail their successors and assigns. Defw[t. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". EnvborsrrNnht Laws. The words "Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Cornpsnsation, end Uability Act of 1880, as am nded, 42 ~ U.S.C. Sectbn 9607, et seq. ("CERCLA"?, the Superfund Amendments and Reauthorization Act of 198, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Secton 1801, et seq., the Resource Conservation end Recovery Act, 42 U.S.C. Section 8901, et seq., or other applicable state or federal laws, rules, ar regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. (iiraMo?. The word "Grantor" means RoNace E. Heustess and Barbara A. Heustess. tiusranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to lender, including without limitation a guaranty of ell or part of the Note. Hezadous Subatu?ca. The words "Hazardous Substances" mean materiels that, because of their qutfntity, concsntrstlon or phystcel, chemical or infectious characteristics, may cause or pose a present or potenkial hazard to human health or the snvironrnent when improperly used, treated, stored, disposed of, generated, m8nufactured, transported or otherwise handled. The words "Hazardous Substances" ere used to their vary broadest sense and include without limitation any and aN hazardous or toxic substances, materiels or waste es defined by br listed under the Environmental Laws. The term "Hazardous Substances" also includes, without iimitetion, petroleum end petroleum by-products or any fraction thereof and asbestos. Improvements. The word "improvements" means sll existing and future Improvements, buildings, atrutaures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real i Property. ~ Indebtedness. The word "Indebtedness" means ell principal, interest, and other amounts, coats and expenses ~ payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, i I i J ~ 9~ ! ~5GPG0~~7 .r -.-e. _ ~ T _ r 1 i ~ l ~i l , MORTGAGE Loan No: (Continued) Page 10 ~ consolidations of end substitutions for the Note or Related Documents end any amounts expended or edNanced by Lender to ducherpe Grantor's obligations or expenses incurred by Lender to enforce Grantor's obiigetiorls under this Mortgage, together with inUrest on such amouMS as provided in this Mortgage. Specifically, without limitation, Indebtedness includes ell amounts that may ba indirectly secured by the Cross-Collateralizatio!n provision of this Mortgage. Lander. The word "Lender" means Members 1st Federal Credit Anion, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated May 9, 2006, in the origins principal amount of 5200,000.00 from Grantor to Lender, together with all renewak of, sxtenabns of, modifications of, refinancings of, consoiidations of, and substitutions for the promissory note or agreement. Ths maturity' date of the Note is May 1, 2016. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE: Personal Property. The words "Personal Property" mean ail equipment, fixtures, end 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, ell replacements of, and all substitutions for, any of such property; and together with all proceeds Uncluding wkhout limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Reel Property and the Personal Property. Real Property. The words "Real Property" mean the reef property, fMereats end rights, as further described in this Mortgage. Related Doeraneab. The words "Related Documents" mean all promissory notes, erodit agreements, loan agraemsnb, environmental agreements, guaranties, security agreements, mor~agaa, deeds of trust, sepurity ~ deeds, collateral mcrtpsgas, and all other instruments, agreements and documents, whether now or hereafter exiating, ezecutsd in connection with the Indebtedness. Rerres. Ths word "Rents" means all present and future rerrts, rovenues, income, issues, royehies, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE 16 GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EfiFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: r eoe . pry;.. i'r'e v ...v.~ .,iw . ; ~a . ro A. ewbss CERTIFICATE OF RESIDENCE i ` l hereby certify, that the precise address of the mortgagee, Members tat Federal Credit Union, herein is as follows: ATTN: Smell Business Landing, 5000 Louise Driw, Mechanicsburg, PA 170~5j5~ p r Attorney or Agent for Mortgagee i BKi950PGG658 I r. - t I 1 ~ i • ' ~f f MORTGAGE Loan No: _ (Continued} Page 11 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 • ) SS COUNTY OF f~+' 1 n s, the day of /n,Ltw~ , 20 ~ 6 ,before me i ~e n ,the undersigned Nota Public, personally appeared RoUace E. Heuste#s and arbara A. ~ ,known to me (or satisfactorily proven) to bs the person whose names are subscribed to the within instrument, and ~ nowledged that they executed the same for the purposes therein contained. In witness wf?ersof, I hereunto set my hand and offi I seal. Noglrid 9ed ~M''~~ Notary Public in and for the State of ~J p~~ H~ 8018 CuRtlMland CasMy MY CCfftriaior? E~Iras Dec. 27, 2006 Mer'iber. P~ne~+i• 14MOCIsMon Of NoWMe IA7M MO lwM7. V«. 671AOAM Cm• MMw1 MiwM/ 7MwMr. M. 1N7. 7006 N 7IOMU 7rrwL - M 77CfRUtM07.K T7•tON 1147 ~r~ i 1 $K19~fl~PGD559 7 _ _ T T 4 ~ ,1 ~ ~ 4 FIRST AMERICAN TITLE INSURANCE CO. F i Commitment Number. HEU87-06 SCHEDULE C PROPERTY DESCRIPTION i The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of {and situate on the East side of North Market Street, in the third Ward of the j Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as ollot BEGINNING at the northeast corner of Market Street and Strawberry Ailey; thence North along the eastern li a of Market Street, 67.1 feet to a point at corner of lands now owned by the Pennsylvania Railroad .Company; th nce along the same, North 70 degrees 20 minutes East, 153 feet to a post at the corner of lands of the aid Pennsylvania Railroad Company and lands now or formerly of John S. Davis; thence along', lands of the said John S. Davis, South 19 degrees 36 minutes East 30.1 feet to a point on the line of property of Harold St ne; thence along the same, South 70 degrees 20 minutes 29.1 feet to a point marked by a nail on the li a of property of Harold Stone; thence 'by the same in a southwardly direction, 37 feet to an iron pin in the Wort ern i line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly dilrection, 123.9 feet to a point, the place of BEGINNING. HAVING thereon erected buildings known and numbered as 28 and 30 North Market Street, Mechanics rg, Pennsylvania, with the adjacent parking areas to the North and East thereof. i i i ~21 ~L1I11~?e;'~c`trr":: `~flli1't'~'.~,4~a a~ V~ j Recorder of Deeds ~ 5 i i I AITA Commitment Schedule C (HEU67-06.PFD/HEU 7-06/7) i EXHIBIT "E" rm ~ . F_ I i ~ , ~ } PROMISSORY NOTE ~T. References in the shaded area are for Lender's we only and do not limit the applicability of this document to any partioular loan or its Any Item above conteinin has been omitted due to text Ian th limitations. Borrower: Rolgce E. Hewbss Lender: Members 1st Federal Credit Union Barbera A. Heustess ATTN: Small Busir»sa Landing.. 237 Ridge Half Rd. 6000 Louisa Drive Mechanicsburg, PA 17050 Mechanicsburg, PA 17065 Principal Amount: $224,000.00 Initial Rate: 7.650% Date of Nbte: July 24 2006 PROMISE TO PAY. Rdgca E. Heusbas and Barbara A. Heusteas {"Borrower") jointly end seveaUy promise to pay to M~bers 1st Fade al Credit Union ("Lando"1. or order, in awful mangy of the United States of America, the pHndpal smouM of Two Hundr TwaMy-lour T ouaand & 001100 DoMaro (5224,000.00>, togsthsr with interest on the unpaid prirteipai bNancs frrom July 24, 2008, urnil paid M full. PAYMENT. Subieot to any payment changes resuhing from changes In the Index, Borrovwr will pay thq loan in 119 rog~lar psymer~ts o 81,829.00 each and one bregugr qst payment aatlmated at 5154,868.26. Borrower's first payment is dw Saptembsr hh 2006, and all subsequent paymaMa an due on the same day of each nwnth after that. Borrower's final psymarrt wfll ba duo wt August 1, 2016, and ill be for aq prbtcipal and ag awrued hrtarast not yet paid. Payments Melude principal and hrterest. Ungss otherwge agrsad r requirod by ap icabb law, psymenta will be appMad Tmt to spy unpaid colgcdon cosh; then to any qb charges; than to any accrued urtp~ci ' asC and the to principal. Interest an this Note la computed on a 365/385 simpq Ytterest basq; that is, by applyirp the ratio of the arm}~eI interest rata ver the number of days in a year, mukipiied by the outsbnding principal bagwe, nwltlp8ed by the acd~ number of days the principal bagnce is outstandMg. Borrower will pay Lender at Lender's address shown above or st such other place as Lender may dealgnatd in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in n independent i ex which is the weakly U.S Treasury 5-Year Constant Maturity published prior to rata adjustment (the "Index"). The Index~s not necesaaril the lowest rate charged by Lender on its loans. If the Index becomes unavailebq during the term of this ban, Lander may d~eignate a subs ute index after notice to Borrower. Lender will tell Borrower the current Index rote upon Borrower's request. The interest r to change will n t occur more often than ssdt sixty months. Borrower undentends that Lander may make loans based on other rates as well, a Index ourra y is 4.700% per annum. TM Inbrost rate to be applied to the unpaid principal bagnce of thq Nob wiN be at a rats of 2.85 parcerKage poi over the Index, rasuhMg in an initgl rob of 7.650% per annum. NOTICE: Under rw circumstances will the interest rate on t s Note be mor then the maximum rate allowed by applicable law. Whenever Increases occur in the interest rata, Lander, at its option, may ~o one or more the following: lA) Increase Borrower's payments to ensure Borcower's loan will pay off by its original final maturity date, 1) increeae Bor war's payments to cover accruing interest, IC? increase the number of Borcower's payments, and (D) continue Borrower's paayments at the ame amount and incraeas Borrower's final payment. PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower underet¢nda that Lender Is entitled to a minMnurr ifrtarast chugs of 51.00. Other then Borrower's obligation to pay any minimum interest cherga, borrower may p without penalty all or a portion of the amount owed earlier then it is due. Early payments will not, unlasa agreed to by bender in writing, relieve Borrower of Borrower's obligation to aorrNnue to make payments under the payment acheduq. Rather, early psymants gill reduce the p incipal balance due and may resuh in Borcower'a making fewer paymerKs. Borrower agrees not to send Lender payments markrsd "paid in full", "without recourse", or s(mGar langwgs. If Borrower sends such a payment, Lender may accept it without losing any of'iLerxler'a rights nder this Nots, and Borrower wiN remain obligated to pay any further amount owed to Lander. All written communications concerning disput d amounts, includir~ any check or other payment Instrument that Mdicates that the payment conatkutes "payment in full"' of the amount wed or that is tendered with other conditions or Iimitationa or es full satisfaction of a disputed amount must be mailed or delivered to: Member 1st i Federal Credit Union, 5000 Louise Drive Mechanicsburg, PA 17050. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regugriy schedule payment or S25.00, whichever q qas. INTEREST AFTER DEFAULT. Upon defeuh, including failure to pay upon final maturity, Lander, at its option, may, if permitted under ap licable law, increeae the variable interest rate on this Note to 16.000% per annum. The irrterest rate will not exceed the maxinhum rate pemli d by applicable law. if Judgment is entered in connection with this Note, interest will continue to accrw on this Note after jubgment at the in crest rate applicable to this Note at the time Judgment to entered. DEFAULT. Each of the following shalt constitute an event of default ("Event of Default"1 under this Note: Payment Dafauk. Borrower fails to make any payment when due under this Note. Other Defauks. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contr)ined in this Not or in any of the rolated documents or to comply with or to perform any term, obligation, covanent or condition conteinedl in any other ag eement between Lender and Borrower. Dafauh in Favor of Thkd Parties. Borrower or any Grantor defaults under any loan, extension of credit, security eg cement, purcha a or sales agreement, or any other agreement, in favor of any other creditor o? person that may materially affectany of~orrower's prop rty or ` Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the rbteted docurr~~ntb ; False Stabmerrts. Any warranty, representation or statement made or furnlahad to Lender by Borrower or on Borrower's behalf un er this Note or the related documents is false or misleading in any materiel respect, either now or at the time made or furn4shed or becom s false i 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 inso vency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any typ of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. i Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-h Ip, repossession or any other method, by any creditor of Borrower or by any governmental agency against any colieter¢I securing the I an. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lander. However, thi$ Event of Defe t shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the cre itor or forfeiture proceeding end if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender cries or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as' being an edequ to reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodati n party ) p PROMISSORY NOTE ~ - Loan No:. ~ (COntInUBd) rage 2 of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a deatfi, Lender, tits option, may, but shall not ba required to, permit the guarantor's estate to assume unconditionally the obligations arising under the g arenty in s manner satisfactory to Lender, end, in doing eo, cure any Event of Default. Adverse Change. A materiel adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment o pertormance of this Nots is impaired. Insecurity. Lender In good faith believes itself insecure. Cora Provisions. If any default, other than a default In payment Is curable end it Borrower has not been given a notil:e of a breech o the same provision of this Note within the proceding twelve 1121 months, it may be cured if Borrower, after receiving w}ltten notice fro j Lander demanding cure of such default: (1) cures the default within thirty 130) days; or 12) if the cure requires mcbro than thirty ( ) ~ days, immediately lnklatea steps which Lender deems in Lender's sole discretion to be sufficient to cure the default land tfiereafter j continues and completes ell reasonable and necessary steps sufficient to produce compliance as Goon ss reasonably practical. ~ LENDER'S RKiHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entirei unpaid principa 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 if Borrower does not pe .Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attomays' fees end Lender'a lag~l expenses, wh ther or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vec~ie any automat' stay or injunction), end appeals. ff not prohibited by applicable law, Borrower also will pay any court costs, in addition to all tither sums provi ed by law. JURY WAIVER. Lender and Borrower hereby waive the right to sny jury trial in any action, proceeding, or counterclaim brought by eithe Lender or Borrower against the other. GOVERNING LAW. This Nob wiU be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the ws of the Commonwealth of Pera»yMnie without regard to its conflicts of law provisions. This Note he been accepted by Lender in the Commonwealth of Pennsyhrarda. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the Jurisdiction of the courts of Cumberla d County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of 926.00 ff Borrower makes a payment on Borrower's loan and the check r preauthorized charge with which Borrower pays is later dishonored. STATUTORY LIEN. Borrower agrees that all loan advances under this Note ere secured by ell shares and dapoeka in ail oint and Individ al accounts Borrower has with Lander now and in the future. Borrower authorize Lender, to the extent permitted by sppli~able law, to ep ly the balance in these accounts to pay any amounu due under this Nots when Borrower is in default under this Note. Sharesnd deposits in n individual Retirement Account end sny other account that would lose special tax troatmsnt under state or federal law if liven as securit ere not subject to the security interest Borrower has given in Borrower's shares and dapostte. COLLATERAL. Borrower scknowtedges this Nata fa secured by the following collateral described in the security inatrumgnta listed here) (A) a Mortgage dated July 24, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. IB) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. ARBITRATION. Borrower erwil Lsrxkr agree thst aq da?pute, claims end comroveroie between them whether individual joint, or class i nature, arising from this Not® or otherwise, Moluding whhout limitation contract and tort dispute, shag be arbitrated pu~susrK to the R s of the American Arbk?etion Aeociation in effect at the time the claim is filed, upon request of either party. No act to takeor dispose of y coMaterU seaurMg this Nob shall constitute a waiver of this arbitration aaesmerrt or be prohibhed by this arbitratbn ag This in lodes, without Ifrnilat{on, obtaining irrjurrctiw reMef ar a bmporory rostra6ring ardor; invoking s power of sale under any deui o trwt ar mortg e; obtaining a wrk of atbctaneet or imposition of a receiver; or exercising any rights relating m personal property, bk h?9 ar die ing of such pwpsrty wkh ar without process pursuant to Article 9 of tM Uniform Commercial Code. Arty dispubs, a s, or controve lee concerning the lawlulnea or reasonableness of any act, ar sxerose of any right, concemirq any corabrsl aecurk?g this ate, Including ny cls&n to resekui, reform, ar atinrwiss modify any agreement relatlng to tM eoNatsral securing this Nota, shall also be a d, provide however that no arbtrator shah haw tM right ar the power to enjoin ar retrain any act of any party. Judgment upon a~y awsrd render d by any arbitrator may be entered M sny court hsving jurisdictkur. Nothing M this Nate si?ar preclude any party from seskir7~ egiitabk relief from a court of corryrobrrt jurbdictian. The statub of Hmhadons, etoppel, wahrer, lehe, and siimNar doctrines which would ~hen+vise be a livable in an action brought by a party shah be applicable in any arbitration preceding, end the oommsncemerrt of en arbitrador~ proceeding a I be deemed the conrnencemsnt of an action for these purposes. The Federst Arbhration Act shah apply to the constructionl, irrterpretatbn, d enforcement of this srbhratlon proviskm. MEMBERSHIP REQUIREMENTS. All borrowers and Guarantors must maintain a membership with the Credit Union in good standing for t e life of the loan. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal tepresentetives, successors and assigns, end shall inure to the benefit of Lender and its auccesaors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if yve roport any in ccurote information about your accountia) to s consumer reporting agency. Your written notice describing the specific ineccuroevliesl should b sent to us at the following address: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17050. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losini~ them. Each B mower i understands and agree that, with or without notice to Borrower, Lender may with respect to any other Borrower la) mike one or more additional secured or unsecured loans or otherwise extend additional credit; Ib) alter, compromise, renew, extend, accelerate, or other Ise change one or more times the lima for payment or other terms of any indebtedness, including increases end decreases of the rate of int rest on the indebtedness; ic1 exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the 1 substitution of new collateral; Id) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, es Lender in its discretion may determine; (e) release, s bstitute, agree not to sue, ar deal with any one ar more of Borrower's sureties, endorsers, or other guarantors on any terms or in', any manner Le der may choose; and If) determine how, when and whet application of payments and credits shall be made on any other indebtedness owing b such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by haw, waive pros ntment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, end unless otherwise expressly stated in writi g, no 1 i ~ ~ PROMISSORY NOTE r- ? Loan No:: ~ (Continued) age 3 party who signs this Note, whether es maker, guarantor, accommodation maker or endorser, shall be released from liability. All such pa ies agree that Lender may renew ar extend (repeatedly and for any length of time) this loan or relesse any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the coUeteral; end take any other action deemed necesasry by Lender without a consent of or notice to anyone. Ail such parties slso agree that Lender may modify this loan without the consent of or notice to anyone ther ' than the party with whom the modification is made. Tha obligations under this Note are joint and several. If any portion of this Nota is r any reason determined to be unenforceable, it will not affect the enforceability of any other provialona of this Note. CONFESSION OF JUDGMENT. 80RROWER HEREBY IRREVOCABLY AUTHORItES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APF~EAR AT ANY T E i FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENJTER JUDGMEN AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND A Y AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOG~7'HER WITH C STS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND AIrCRUED INTER ST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (1600) ON WHICH JUDGMENT OR JUD~MENTS ONE 0 MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIE BY AFFIDAVI SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT E EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAY ENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE'TO NOTICE OR 0 A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENT~ITIVE OF LEND R SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER ''HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNMIti TNIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THiS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE U3 GIVEN UNDER SEAL AND IT IS iNTENOED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF SEALED INSTRUMENT ACCORDING TO LAW. BORRO X..` ".qtr>%»3as~i8esl) .sf•. . ii R aunass , LENDER: MEMBERS 1ST FED L CREDIT UNION sd wen wa ~.rry. v.,. wmaa uw. wn.r rw..w erw,.., r.. nn. epee. w Ww ~+aw~tr,eex TMi ~a rn.e j - I I i I i i EXHIBIT "F" . _ _ n ~ _ . ' Parcel Identification ~ : ` ~ , ~ . ~ ' , Number: i ; ~ c ~ . ! f _ , - , 10-17-1033-035 and . 10-17-1033-038 C~`a lit )p Qm ~ RECORDATION ' 11 l REQUESTED BY: MsmMrs 1st Federal Credit Union ATTN: Small Business Unding 5000 Louisa Drive Msehmicsburg, PA 17055 WHEN RECORDED MAIL TO: Members 1st Federal CrsdiR Union ' ATTN: Small Bwiness Lending 5000 Louise Drive Mechanicsburg, PA 17055 SEND TAX NOTICES TO: Members 1st Federal Credk Union ATTN: Small Bwinsss Lending 5000 Louisa Drive Mechardcsburss PA 17055 FOR RECOROEEi'S' USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made far the payment of taxes, easessmants, maintenance charges, insursnce premiums and costs incurred for the protection of the mortgaged premises shall not exceed st any one time 5224,040.00. Amount Secured Hereby: 5224,000.00 THIS MORTGAGE dated July 24, 2006, is made and executed between Rotlace E. Heustess and Barbara A. Heustess, whose address is 237 Ridge Hill Rd., Mechank~burg, PA 17054, (referred to below as "Grantor") and Members 1st Federal Credit Union, whose address is ATTN: mall Business Lendmg, 5000 Louise Drive, Mechanicsburg, PA 17055 (referred to below as "Lender" GRANT OF MORTGAGE. For valwble consideration, Grarrtor grants, bargsins, sells, conveys, assigns, trangfers, releases, confirms and mortgages to Lender aN of Grantor's right, title, and interest in and to the following dbscribed reel property, together with all existing or subsequently erocted or sffixed buildings, improvements and tixtufsa; all streets, lanes, alleys, passages, and ways; ell easements, rights of way, all {~erdas, privileges, tenements, hereditamenta, and appurtenances thereunto belonging or anywfae made appurtenant heroaftar, and the reversions and remainders with respect thereto; all water, water rights, watercourses end ditch rights (including stock In utilities with ditch or irrigation rights?; end all other rights, royakies, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal end similar matters, (the "Reel Property") located in Cur1`tberland County, Commonwealth of Pennsylvania: ALL THOSE CERTAIN LOTS OR TRACTS OF LAND SITUATE IN HAMPDEN TOWN HIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED ANI~ DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1: BEGINNING AT A POINT ON THE CENTER LINE OF A PRIVATE ROAD AT OTHER LANDS NOW OR FORMERLY OF ARTHUR L. SNAPPER & H. JOYCE SNAPPER, HIS 1MFE; THENCE SOUTH 69 DEGREES 41 MINUTES 1 BK 1959 PG~€9p~0 ,w __T_ MORTGAGE ~ Loan No: (Continued) Page 2 WEST FOR A DISTANCE OF 92 FEET MORE OR LESS, TO A LOW WATER MARK THE CONOOOt><t1iNNeT CREEK• THENCE IN A NORTHERLY DIRECTION SY VARIOUS C RSES AND DISTANCES OF THi~ LOW WATER MARK OF THE CONQDOQ.UiNET CIO$d4K A DISTANCE OF 338 FEET.. MORE OR LESS, TO A POINT; THENCE NORTH 37 DEa ES 17 MINUTES EAST BY LANDS NOW OR FORMERLY OF ARTHUR L. SNAPPER & H. YCE SHAFFfli, HIS WIFE, AND KNOWN AS THEW PLAYGROLMID AREA FOR A DiSTA OF TF~IE(1~E f31f 1~SAIO~CEFITER U1 E ~ SAID V~A'CE~ROA~D SOUTH 50 A~ 5 D~ MNiIUTES 30 SECONDS EAST FOR A DISTANCE OF 44 FEET TO A POINT; BY SAME 133.1 F~7 TO A POINT; THENCE BY SAME SOUTH 17 DEtiREES 50 MI EAST FOR A DISTANCE ~ 288.67 FEET TO THE Pl')MIT AID PLACE OF BEfA , G. HAVNG THMIEG~1 ERECTED A MILL MIILDING. THE SAW PRGYNSES ARE CONV ED TQGETHEIR VIIITiFi THE RIGHT TO USE THE SAND PRIVATE ROAD BEING 40 FEET N VY~TH THROtlGHOUT AT ALL TIMES HEIMAFIER'FOR THE PURPOSE OF NYtijRE S, Et#iESS AND REGRESS IN COMMON WITH THE SAIO ARTHUR L. SNAPPER S H. JOYCE 9HAFFER, HIS WIFE, THEIR HEIRS AND ASSIGNS AND WITH ALL OTHER NOW H11TI7LED TO THE LIKE LIBERTY AND TO ALL OTHER. PM'ISONS TO WHOM THE ` !D ARTHUR L. SNAPPER AND H. JOYCE SNAPPER, HIS WIFE, MAY HEREAFT'~ EY THE LIKE LIBERTY; IT IS UNDERSTOOD AND AGR~D THAT THE lriRANTEES R HEIRS ANO ASSIGNS SHALL PAY THEIR PR4-RATA SHARE ACCORDINGLY t~N FRONT FOt1TAGE SA81S WITH ALL OTHER P!BlSOI>l{S UG THE SAID ROAD FOR REA BLE MAINTENANCE OF THE SAID ROAD UNTIL SUC TIME AS Cr BECOMES MA1lNT D BY A PUBL~ ALIT i'1'Y. TRACT NO. 2: BEoti AT AN PIN ON THE $ THERN UNE OFT P ROAD T-621; THENCE H 88 D 41 MINUTES T 2E9 F~'i' 'FISH THE CE~tTER OF A CONCRETE HEAD WALL TO AN NTON PN1I; BY SAME SOUTH 84 DE©REES 16 MINUTES EAST 61.4ISi FEET TO A MAIL 011 E C~ l~ ~ L.R. 21018: THENCE SOUTH 21 DEEiREES 24 MINUTES EAST THE C R L.N~ OF L.R. 21016 86 FEET TO A BOLT; THENCE SOUTH 74 D WiST 250.89 F~TO A POINT; THENCE NORTH 18 C~EOlIEES 10~.MiNUTE$ 10 .47 FEET TO POINT AND PLACE OF BE©1NNINt,1. THE ABOVE ES ARE CONVEYEfl UNDER ANiD SUBJECT TO Elk ANIJ RESTRICTIONS PERTAINMiG TO THE SAID PREAAiSES AND TO 01/ERH POWER LMIES A - - SHOWN THE PLAN AND TO THE 26 FOOT SETBA4CK LI E1.S THEREON. T!~ VE . . O RN8ES ARE COMVEYSD UNDER ANO Si~JECT TO AN EAS taF 12 - FEET' IN DTH THROUGHOUT EXTEND~IG FROM THE NORTHERN PROPMtTY L TO TFIE SO PROPERTY LINE ANO BEING WIl'HMi THE EASTERN. 30 FEET TO SAID LOT AND CENTER LINE OF WHK:H IS THE GEl11TER UNE OF AN EXISTING { ROAD, WHK~i EASEN~NT IS TO BE USED IN COMMON WITH THE GRANTORS, HEIR HEIRS AND dS31GNS, TT•IE GRANTEES, THEIR HEIRS AND ASSIGNS, AND ALL THER OWWERSON SAID PLAN. The Real Property ar its address is commonly known as 915 MIN Rd., M~hanicsburg PA 17055. The R~II Property excel identification number is 10-17-1033-036 and 10-17-1033-038. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liat~ilities, plus Interest thereon, of Grantor to Lender, or nny one or more of them, as well as all clsims by Lender against raptor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated m the purr~~ooss of the Note, whether voluntary or otherwise, whether due or not due, diroct or Indirect, determined or urxlstermin~d, absolute or contfngsnt, IiquWated or unliquidated whether Grantor may ba IMbla individually or jointly with othero, wifether obligated as guarantor, surety, accommodation party or otherwise, end whether rocovery upon such amounts may be or ~ hereafter may become barred by any statute of limitations, end whether the obligation to repay such amounlts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to ell present and future leases of the Property end all Rents from the Property. In addition, Grantor Brenta to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RE SAND PERSONAL PROPERTY, IS GIVEN TO SECURE (AI PAYMENT Of THE ~EBTEDNE88 AND i6) PERFOR~IIANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 4224,f)130.00~ THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FdLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire kitie to the i ~~~~s~~c~9:ot __~T._..~ f r i, i - ~ , ' , MORTGAGE Loan No: (Continued) Page 3 Raal Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shell pay to Lender all amounts secured by this Mortgage es they become due end shall strictly perform ell of Grantor's obl(gations under this Mortgage. POSSE8810N AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall ba governed by the following provisions: Possession end Use. UnHI the occurrence of an Event of Default, Grantor may (1) remain in possesabn and control of the Property; (2) use, operate or menage the Property; and (31 collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and malntanance necessary to preserve its value. CompUancs With Ernhonnwntal 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 threatened rolease of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except ea previowly disclosed to and acknowledged by Lender in writing, fai any breach or violation of arty Environmental Laws, Ib) any we, generation, manufacture, storage, treatment, disposal, rebase or threatened release of any Hazardow Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c1 any actyiel or threatened Utigadon or claims of any kind by any person relating to such matters; and (31 Except as previously disclosed to and acknowledged by Lender in writing, la) neither Grantor nor any tenant, contractor, agent or other authorized war of the Property shall use, generate, manufactws, store, that, dispose of or rebsse any Hazardous Subatsnoe on, under, about or from the Property; and lb) any such activity shall be conducted in compliance with ell applicable federal, stets, and local Iews, regulations and ordinances, including without limitation ell Environmental Laws. Grantor authorizes lender end its agents to enter upon the Property to make such inspections and tests, at Grantor's sxpsnae, as Lender may deem appropriate to determine comp{}anoe of the Property wkh this wctlon of the Mortgage. Any inspections or teat made by Lender shall be for Lender's purposes only and shall not be construed to create any reaponeib}Ilty or IiabiUty on the part of Lender tojGrantor or to any other pereon. The repressntstbna and wamnUss contained herein are based on Grantor's due diligence in invsatigating the Property for Hazardous Substances. GraMOr hereby (1) releases end waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable fOr cleanup or other coats under any ouch laws; and 12) agrees to Indemnify end hold harmless Lender against any and all claims, bscels, Ilsbilitles, damages, penalties, and expenses which Lender may diroctly or Indirectly sustain or suffer reauiHng from a breach of this section of the Mortgage or as a consegwnce of any we, generation, manufacture, storage, disposal, release or threster»d release occurring prior to Granter's ownsrehip or interest in the Property, whethet or not the same was or ahoukf have bean known to Grantor. The provisbna of this section of the Mortgage, incuuding the obligation to indemnify, shall survive tfia payment of the Indebtedness and the satisfaction and recorrveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Propertlr, whether by foreclosure or otherwise. Nukarros, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or sufflar any stripping of or weals on or to the Property or any pordon 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, mineraNs (including oil end gasl, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvsmerrta. Grantor shell not demolish or remove any ImprovameMa from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender miry require Grantor to make arrangements satisfactory to Lander to replace such ImprovameMs with tmprovementis of at least equal value. Lender's Right to Enter. Lender and Lender's agents and rapresantativea may enter upon the Reel Property at ail reasonable times to attend to Lender's interests end to inspect the Reel Property for purposes of Grantor's compliance with the terms and conditions of thl: Mortgage. ` CompUancs with Govermmsntal Rsquirsmsrrts. Grantor shall promptly comply with all laws, ordinancels, end regulations, now or hereaher In effect, of all govemmantal authorhies applicable to the use or occupa~hcy of the Property, including wkhout limitation, the Americans With DlsabUitles Act. Grantor may contact 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 Landar'e solo opimlon, Lender's interests In the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character end use of the Property are reasonably necessary to protect and preserve the Property. i ~~~9s~~c~~o~ _ _ . I !I i ~ i i _ MORTGAGE Loan No: (Continued) Page 4 TAXES AND LIENS. The following provisions relating to the taxes and Ilene on the Property ere pert of this Mlortgage: Payment. Grantor shell pay when due (end In ail events prior to deBngwncy) all taxes, payroll Uxu, sp~clsl taxes, nssuaments, water ehargsa end 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 famished to the Property. Grantor shall maintain the Property free of any Ifena having priority over or equal to the interest of Lander under this Mortgage, except for those liens specifically agreed to In writir~ by Lander, and except for the lien of texas end aasesaments not due es further specified in the Right to Contsat paragraph. Right m Corrtest. 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 Neh arises or is filed as a rasuk of nortpaymant, Grantor shell within fifteen (t 51 days after the Ilan arises or, M a Ilan ip filed, within fifteen (t b) days after Grantor has notice of the filing, secure the discharge of the lien, or if requ~stad by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to l~snder in an amount sufficient to discharge the Nen plus any costs end attorneys' fees, or other charges that could abcrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend hself and Lender and hall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as ash additional obligee under any surety bond furnished in the contest proceedings. EvirMnce of Psymerrt. Grantor shall upon demand famish to Lender satisfactory evidence of payment o4 the taxes or assesamsnts and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments agalnst the Property. I Notlcs of Conatructlon. Grantor shell notify Lender et least fifteen (16) days before any work is commeinced, any services ere furnished, or any materiels are supplied to the Property, if any mechanic's lien, matsrialmert's (ten, or other lien could be asserted on account of the work, services, or materials and the cost exceeds ib,00~.00. Orsntor will upon rogwat of Lender furnish to Lender advance assurencea satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAQE INSURANCE. The following provislona relating to insuring the Property era a pert of this Mortgage: Mainbrnnca of Insurance. Grantor shall procure end maintain policies of fin Insurance with standard extended coverage endoresments on a replacement basis for the full irnurabb value covering aN Improvements orh the Resl Property In an smouM tufflcient to avoid spplicatbn of any coinsurance clause, end with a standard mgatgsgee clause in favor of Lendec. Grantor shall also procuro and malrKaln compreheruive general liability Insurance in such _ coverage amounts N Lender may request with Lender being named as additional insureds in wch Iisbiflky inwrance poNcies. AdditioneNy, Grantor shall maintain such other insurance, including but not limited to hazard, ibusiness interruption and boNsr insurance ea Lender may require. Policies shall be written by such insurance corjtpanies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of~coverege from each insurer containing a stipulation that coverage w[II not be cancelled or diminished whhout a rr+inimum of thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurer's NabilitX for failure to give such note. Each Insurance policy also shall include an endorsement providing that coverage ir? favor of Lender will not be unpaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Fedsrel Emergency Management (Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, far the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the rna>ifmum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. AppNcation of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated coat of repair or replacement exceeds 8b,000.00. Lender may make proof of lose if Grantor fails to do so within fifteen 115) days of the casualty. Whether or not Lender's security is impaired, Lender may, et Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of tine Indebtedness, payment of any Ilan affecting the Property, or the restoration end repair of the Property. If Lander elects to apply the proceeds to restoration and repair, Grantor shell repair or replace the damaged or destroyed i Improwmentc in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of ropair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any smeunt 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'$ interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Reletsd Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge br pay under I gK t 959PG~~03 T _ _ _ _ v~ _ _ , , , ~ MORTGAGE Loan No: (COntinuedl Page 5 this Mortgage or any Related Documents, Lender on Grantor's behalf may lbut shall not be obligated tol taks',any action that Lender deems appropriate, including but not limited to discharg(ng or paying ell iaxss, Hens, security interests, encumbrances and other clairna, at any tlms levied or pieced on the Property and paying ail costs for Insuringr meinteirrEng and preserving the Property. All such expenditures Incurred or paid by Lender for such purposes will then beer intarost at the refs charged under the Note from the date Incurred or pekf by Lander to the date of ropayjment by Grantor. Ail such sxpsnsas will become a part of the Indebtedness and, et Lender's option, will (A) be payt}ble on demarxl; IB) bs added to the balance of the Note and be apportioned among end be payable with any installtnant payments to become due during either (1) the term of any applicable insurance policy; or 12) the remaining] term of the Note; or (C) be treated es a ba0oon payment which wilt be due end payable at the Note's maturity. Thai Mortgage also will secure payment of these amounts. Such right shall be in addition to ail other rights and remedies to-' which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the emtry of any mortgage foreclosuro judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pert cf this Mortgage: Tide. Grantor warrants that: lei Grantor holds good and marketable title of record to the Property in fe@ simple, free and cleer of all liana and encumbrances other then those set forth in the Real Property description ar in any the insurance potlcy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (bi Grantor has the full right, power, end authority to execute and deliver this Mortgage to Lender. Daferw of TiRN. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the Utle to the Property against the lawful claims of all persons. In the event any action or proceeding is cotnmanced that questions Grantor's Utle or the interest of Lender under thin Mortgage, Grantor shall dehnd the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled tp participate In the proceeding and to be represented in the proceeding by counsel of Lendsr'a own chcic~, end Grantor wiA deliver, or cause to be delivered, to Lander such InstrumeMa ae Lender may request from time to time to permit such participation. Compiisnas With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with ell,,,:: , , , existing applicable laws, ordinances, and regulatlone of governmental authorities. SurvNal of RepreserKatioru end Wwrantlsa. All rspresentationa, warranties, end agreements rnada 6y O,rantor in thin Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, amd shell remain in full force and affect until such time ae Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a port of this Mortgage: Proaeedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lander M wAting~ and Grmstor shall promptly take such steps as may be ~cessery to defend the action and obtain the awerd~ Grantor may 6e the nominal party in such proceeding, but Lander shell bs snthied to pardcipate in the proceeding and to be represented in the proceeding by counsel of its awn 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. Apppeatlon of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that ell 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 conneotion wkh the condemnation. gNPOSRWN OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to govsmmental foxes, fees and charges are a part of this Mortgage: Current Taxes, Faes and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage end take whatever other action is requested by Lender to perfect and continue Lender's 'lien on the Real Property. Grantor shall reimburse Lender for ell taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. ! Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this 'type of Mortgage or upon ail or any pert of the Indebtedness secured by this Mortgage; 12) a specific tax on IGrantor ~ which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; 13) a tax on this type of Mortgage chargoable against the Lender or the holder of the Note;, and i4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by'Grentor. Subnquent Taxes. If any tax to which this section applies is enacted subsequent to the date of this IUlortgage, this event shall have the same affect as en Event of Default, and lender may exercise any or all of its available {I I a BK 1959PG~ gD4: . T.' 1 t ~ . a i MORTGAGE Loan No: (Confinwed) Page 6 1 remedies for an Event of Default as provided below unless Grantor ekher (1) pays the tax before It becomes delinquent, or (2) contests the tax as provided above in the Taxes end Liens section and deposits with Lender cash or a sufficient corporate suroty bond or other security satisfactory to Lender. SECURITY AtiREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage es a security agreement are a part of this Mortgage: Ssourity Agreement. This instrument shall constitute a Security Agroement to the extent any of tM Property constitutes fixtures, end Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action fa 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 rocorda, Lender may, at any time and without further authorization from Grmtor, flls~ executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburab Lender for all expenses incurred in perfecting or corrtinuing this security interest. Upon default, Grantor shall nqt remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Perapnal Property not affixed to the Property in a manner and et a place reasonably convenient to Grantor and Lender and make it available to Lender within three 13) days after receipt of written demand from Lender to the extant permitted by applicable law. Addresses. The mailing addresses of Grantor (dabtorl and Lender (secured party) from which Infonnatiun concerning the acurky interest grentsd by tfiis Mortgage may be obtained (each as requirod by the Unitbrm Commercial Code) ere as elated on the first pegs of thin Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further essursnces and additional authorizations are a part of this Mortgage: Further Auurences. At any time, and from time to time, upon requaet of Lander, Grantor will make, execute and deliver, or will cause to be made, executed or dsliverod, to Lender or to Landar'e designee, and when relquested by Lander, cease to be flied, rocorded, reflfsd, or rerecorded, as the cage may be, at such times end in wch offices and places as Lender may deem appropriate, any and all such mortgages, dada of trust, security deeds,, security agraments, financing atetemerrta, coMinwtion atatemsnta, instnunenta of further assurance, cerdflcathe, and other documents ae may, In the sole opinion of Lender, be necsaary or desirable in order to effectuate,' complete, perfect, contfnus, or preserve (t l Grentor'a obligations under the Notes, this Mortgage, and the Related Documents, and (2) the ifena and security intarosta crated by this Mortgage as flret and prior liens on the Property, wMthsr now owned or hsroafter acquired by Grantor. Uniaaa prohibited by law or lender egAees to the contrary in writing, Grantor shell rofmburee Lender for all coats end expenses incurred fn connection with the matters referred to in this paragraph. Addfitiond Authorizations. If Grantor fails to do any of the things referred to in the preceding paragrephi, Lender - may do ao for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lander to make, execute, deliver, file, record and do ell other things es may ba n~cesaery or desirable, in lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It' is underetood that nothing set forth herein shall require Lender to take arty such actions. FULL PERFQRMANCE. It Grantor pays ell the Indebtedness when due, and otherwise performs ell the obligr~tians imposed upon Grantor under this Mortgage, Lender shalt execute end deliver to Grantor a suitable aatistactign of this Mortgage and suitable atetsmenta of termination of any financing statement on file evidencing Lender's. ascwrity interest in the Rsnta end the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at 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. Defauk on Other Payments. Failure of Grantor whhin the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor 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. Dsfauk in Favor of Third Parties. Should Grantor default under any loan, extansfon of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other croditor or person that magi materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to peirform Grantor's obligations under this Mortgage or any related document. False Sietemants. Any warranty, representation or statement made or furnished to Lender by Grantor or on I BK 1959PG~905-. _ r _r _ .4.. _ _ _ _ _ _ TT . _ . ~ ! , I MORTGAGE Loan No. - (Continued) P~98 ~ Grantor's behalf under this Mortgage or the Related Documents is false or misleading in sny materiel raspbct, either now or at the time made or furnished or becomes false or misleading at any time theresfter. Dahodve CoNassrai~stion. This Mortgage or any of the Ralatsd Documents ceases to be in full fo?ce and effect lincluding failure of any collateral document to create a vslid and perfected security interest or Iieni et any time end ~ for any reason. Death or Insohnncy. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any pert of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of arty proceeding under any bankruptcy or Insolvency laws by or against Grantor. Creditor or Forhkure proceedings. Commencement of forecbsure or forfeiture proceedings, whether by'udiciel proceeding, self-help, repossession or any other method, by any creditor of Granter or by any governmenltal agency against any property securing the IndebUdness. This includes a gamishmsnt of any of Grantor's sccounts, including deposit accounts, with Lender. However, this Event of Dsfsult 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 end if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposit6 with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Leader, in its sole discretion, ea being an adequate reserve or bond for the dispute. Broach of OtMr A{pesmsnt. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remadled within any grace period provided therein, including without limitation any agrleement concerning any indebtedness or other obligation of Grantor to lender, whether existing now or later. EwnCS Affactlng Guarantor. Any of the preceding events occurs whh respect to any guarantor, endorser, surety, or accommodsdon petty of any of the Indebtedness or any guarantor, endorser, surety, or accommodntidn party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtadnass. In the event of a desth, Lender, at its option, may, but shell not bs required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guarsnty In a manner setipfactory to Lander, and, In doing ao, cure any Event of Defauh. Adverse Cftan9e. A materiel adverse change occurs In Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insscurky. Lander In good faith believes Itself Insecure. RIgM to Curo. If any default, other than a dafeuk in payment le curable and if Grantor has not been given a notice of a breech of the asme provision of this Mortgage within the preceding twelve (121 months, it may be lured if Grantor, after receiving written notice from Lender demanding cure of such dsfsuk: It) cures the defsWit within thirty 1301 days; or (2) if the cure requires more than thirty (30) dsys, immediately Inklabs slaps whlcih Lender deems in Lender's sole discretion to be sufficient to cure the default end thereafter continues and completes all reasonable end nec~ssry steps sufficient to produce compllence as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights end remedies, in eddiUon to any other rights or remedies provided by law; Accelerate Indebtedness. Lender shell have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due end payable. UCC Remedies. nth 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. Cdlect Rants. Lender shall have the right, without notice to Grantof, to take possession of the Property end, whh or without taking possession of the Property, to collect the Rents, including amounts pest due and unp#id, and apply the net proceeds, over and show Lender'a costa, agairut the indabtsdnass. In furtherance of thi~ right, Lender may require any tenant or other user of the Property to make payments of rent or use fees dirogtly to Lender. If the Rents ere collected by Lender, then Orsntor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same end collect the procssds~~. Payments by tenants or other usero to Lender in response to Lender's demand shell satisfy the obligations for wh~ch the payments are made, whether or not any proper grounds for the demand existed. Lender msy exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Rsosiver. Lender shall have the right to have a receiver appointed to take possession of all or prey part of 1 the Property, with the power to protect end preserve the Property, to operate the Property preceding fctirecloaure or ~ sale, and to collect the Rents from the Property end apply the proceeds, over end above the cost of the receivership, agsinat the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a i i i ~K1959PG~9O6 _ _ m T _ _ _ _ ~ _ - - w i I MORTGAGE Loan No: (Continued) Page 8 receiver. Judbiel Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in ail or any pert of the Property. Pwsession of the Property. For the purpose of procuring poswssion of the Property, Grantor hereby authorins and empowers sny attorney of any court of record In the Commonweslth of Pennsylvania or elsewhere, ies attorney for Lender and ell persona claiming under or through Lender, to sign sn 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 sufNcient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nor~dichl Sate. If permitted by applicable law, Lander may foreclose Grantor's interest in all or in any Ibert of the Personal Property or the Reel Property by non-judicial sale. Deficiency Judpmerrt. Lender may obtain a judgment for any deficiency remaining in the Indebtedness dice to Lander after eppNcetion of all amounts received from the exercise of the rights provided in this section. Tenancy at 8uff~rance. if Grantor remains in possession of the Property after the Property is sold es provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, GraiMOr shall become a tenant at sufferance of Lender or the purchaser of the Property and shell, at Lender's option, pithar (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lander shell have ell other rights and ramedfea provided in this Mortgage or the Note or available et law or In equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and ell right to have the Property marshalled. In exercising its rights end remedies, Lender shall be-free to sell all or any part) of the Property together or separately, in one sale or by separate salsa. Lender shall be entitled to bid at any public eala on ell or any portion of the Property. Notice of Bale. Lender shell give Grantor reasonable notice of the time and place of any public sale of the Peroonel Property or of the time after which any private sale or other intended disposkion of the Personal Propert~r is to be made. Unless otharwbe required by applicable law, reasonabM notice shall mean notice given at least tare (101 days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any 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 Mortg e, after Grantor's failure to perform, shall not affect Lender's right to declare a defauh end exercise Its remo ' Nothing under this Mortgage or otherwise shall ba construed so as to Nmit or restrict the rights and remedies avlallable to Lender foNowing an Event of Default, or in sny way to limit or restrict the rights and ability of Lender to' proceed directly against Grantor andlor against any other co-maker, guarantor, surety or endorser andlor to prodeed against any other collateral directly or indirectly securing the Indebtedness. Attomsya' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum es the court may adjudge reasonable as ettomeys' fees at trial and upon any appeal. Whether or not any court action is involved, end to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protactior~ of its interest or the enforcement of its rights shall become a pert of the Indebtedness payable on demand snq shall bear interest at the Note rate from the date of the expenditure until ropaid. Expenses covered by this paregraph include, wKhout limkation, however subject to any limits under epplicsbk law, Lender's attorneys' fees and Lerydar's legal expenses, whether or not there 1s a lawsuit, including attomeys' fees and expenses for bankruptcy pro¢eedinga t(ncludirtg efforts to modify or vacate any automatic stay or injunction), sppeals, end any anticipated past-judgment collection services, the coat of searching records, obtaining title reports iincluding foreclosure reportsl,',eurveyors' reports, end appraisal fees end title insurance, to the extent permitted by applicable law. Grantor also will pay any court costa, In addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shell be effective when actually delivered, when actually received by telefacsimile (unlelsa othervise required by !awl, when deposited with a nationally recognized overnight courier, or, if mailed, whbn deposited in the United States mail, as first tines, carttfiad or registered mail postage prepaid, directed to the eddressoa shown Weer the beginning of this Mortgage. Ail copies of notices of foreclosure from the holder of any lien which Nas priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any pprty may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that I i 3 BK 1959PG~907 - - _ i . 1, MORTGAGE I Loan No (Continued) Page 9 the purpose of the notice is to change the party's addroas. For notice purposes, Grantor agrees to keep tender informed at all times of Grantor's currant address. Unless otherwise provided by applicable law, if there is more then one Grantor, any notice given by Lender to any Grantor fa deemed to be notice given to aU Grantors. MISCELLANEOUS PROVISIONS. Tha following miscellaneous provisions ere a part of this Mortgage: Amsrtdmartts. Thla Mortgage, together with any Related Documents, constitutes the entire understanding and sgrssment of the parties as to the matters set forth in thts Mortgage. No elteratlon of or amendment to'' his Mortgage shah ba affective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annul Repels. If the Property Is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Glrentor's previous fiscal year in such form and detail as Lender shah require. 'Net operating income' shell mean pll cash receipts from the Property leas ail cash expenditures made in connection with the operetfon of the Property. ArbitrWor?. Grantor and LerxNr agroe filet aq disputes, claims and eattroverslas between titan whstiteir ktdlvidual, jdnt, or class in nature. arising from this Mortgage or otterwise. irtduding wftttout 6rnltation contract ~ tort dbputss, shah bs arbitrated purstunt to the Rohs of tM Amwtcsn Arbitration Association in sifect st time the cldm ie /tied, upon ngtust of tither party. No act to take or dispose of any Prapsrty shall oonetitrrte a Nvaiwr of tlds arbitration agreement or bs prdtibhed by this srbitratiort agreement. Thh includes, without limitation, obtairdrtg irtjtrtotive nuNsf or • temporary restraktktg order; Invokktg a powwr of sale tmdsr any dew ~csonel rtwrtgags; obWrtkto a writ of attachment o? imposition of a receiver; or axerok+ktg any rights relating Per Property, Inckatirtg taking or disposing of such property wkh or without judiohl process pursuant to A 9 of the UnHorm Canntsrdai Cade. Arty dbpules, clshra, or controversies conost'etfetp tM lawfulness or rsas s of ' arty act, or exerdse of any right, eoncsmktg any Property, inokuting any claim to resdnd, reform, or ot~enNise modNy any prsemertt rsJatirtg to ttta Property, shaft Nso be arbkraesd, provkisd however that no arbitr~tmr shall haw the right a the power to snjoM or restrain any sot of any party. Judgment upon any award by any arbitrator may ba att~sred fn any oart having jurisdkttiawt. Nathktg M this MortOaOs ahaM precNda anMPl~irom ssekirg srryitable raMf from a cart of competent j<risdlctlort. Tiw stattrte of Ihrtttatiora, eatssppel, lacttes, and skrtNar dootrlrtes which wadd otitsrtnMs be appYoabM b an acdeut brou0itt by a party shall be in any ar6ltratlort procesdktg, and tfu oanrnanamtsnt of an arbkratbn prooaading shah ba deemed tM ~mrtyencement of an action for thps purpwes. The FerMral Arbitration Act shall apply to tt» catstruetion, ktter{xetation, and snforatntsrtt of tttb arbitration provision. Caption HeadMys. Caption headings in this Mortgage ere for convenience purposes only end are not t© be used to inbrpret or dsflne the provisions of this Mortgage. Goverrdng Law. Thb Mortgage wive bs governed by federal taw applicable to Lender and, to tM sxtertf not preempted by fadertf law, the laws of tM Commonwsakh of Pennsylvarda without regard to ib conflicts of law provisions. This Mortgage has beat accepted by Lender in the Commonwealth of Pennsyiwnis. Choice of Vsrtus. if there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvanle. Joint and Sevsrd Liability. All obligations of Grantor under this Mortgage shall be joint and several, end all references to Grantor shall mean each end awry Grantor. This means that each Grantor signing belovpr is responsible for all obligations in this Mortgage. No waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver Is given in writing and signed by Lender. No delay or omission on the part of Lender in exerciapng any right shall openrts as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shell not projudics or institute a waiver of Lender's right otherwise to demand at?ict compliance with thati provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between 4endsr and i Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obNgationa as to any future trensacdons. VNhsnever the consent of Lender is required under this Mortgage, the granting of such consent by i Lender in any instance shall not conatftute continuing consent to subsequent instances where such cdnaent is required end in ell cases such consent may be granted or whhheld in the sole discretion of Lender. SeverabNky. If a court of competent jurisdiction finds any provision of this Mortgage to be Illegal, invalid, or unenforceable as to any person or clrcumatancs, that finding shall not make the offending provfabn ilNegai, invalid, or unenforceable ea to any other person or circumstance. If feastbk, the offending provision shall be considered modified so that it becomes legal, valid end enforceable. If the offending provision cannot be so moc~fied, it shall bs considerod deleted from this Mortgage. Unless otherwise required by isw, the illegality, invalidity,: or j unenforceability of any provision of this Mortgage shell not effect 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 S~ ; 959P64908 ' I' ? ~ i ~ ii ~ ~ MORTGAGE Loan No: (Continued) Page 10 estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Sucosssor Irtbrests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs', personal representatives, successors, and asaigna, and shall be enforceable by Lender end its auccessoro end esaigns. Time b of the Essence. Time is of the essence in the performance of this Mortgage. Wahrs Jury. AN parries to this Mortgage hereby wales the right to any jury trial In any action, Proceeding, or couMerolsim brought by any Party against any other party. DEFINITIONS. The following capitalfzad words end terms shall have the following meanings when aced in this Mortgage. Unbas specifically stated to the contrary, all references to dollar emounta shell mean amounts in lawful money of the United States of America. Words and terms used in the s~gular shall include the plural, and the plural shell include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shell have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Rollace E. Heustesa and Barbara A. Heueteas and includes all co-signers and co-makers signing the Note and all their successors end assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmennal Laws. The words "Environmental Lews" mean any and all state, federal and local statutes, regulations end ordinances relating to the protection of human health or the environment, including withput limitation the Comprehensive Environmental Response, Compensation, and Uability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"i, the Supsrfund Amendments and Rsauthorizatlon Act of 188, Pub. L. No. 89-498 ("SARA"i, the Hazardous Materiels Transportation Act, 49 U.S.C. Section 1801, st seq., the Resource Conservation end Recovery Act, 42 U.S.C. Section 8801, et seq., or other applicable state or federal lerrvs, rules, or reguletlona adopted pursuant thereto. Event of Defauh. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Rollace E. Heustess and Barbara A. Heustsss. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, Including without limitation a guaranty of ell or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious charecteAatka, may csuae or pose a present or poanikial hazard to human health ar the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their vary broadest dense and include without limitation any aril all hazardous or toxic substances, materiels or waste ae defined by dr listed under the Environmental Lewa. The term "Hazardous Substances" also includes, without limitation, peitroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means ell existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, costs end expenses payable under the Note or Related Documents, together whh all renewals of, extensrons of, modifications of, consolidations of and substitutions for the Note or Related Documents end any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obiigetidns under this Mortgage, together with interest on such emounta es provided in this Mortgage. Specifically, without limitation, Indebtedness Includes all amounts that may be Indirectly secured by the Cross-Collateralization provision of this Mortgage. i Lender. The word "Lender" means Members 1st Federel Credit Union, its successors and easigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. ` Note. The word "Note" means the promissory note dated July 24, 2006, in the original principal amount of 5224.000.00 from Grantor to Lender, together with e8 renewal: of, extensions of, modificatio„a of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Ths maturity date of the Note Is August 1, 201 B. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with ell accessions, parts, end additions to, ell replacements of, and all :ubstitutions for, any' of such property; and together with ail proceeds (including without limitation all insurance proceeds and refunds of , 1959PG~9~9 ~ J i 1 1 n MORTGAGE loan No: (Confinued) Page 11 premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Reel Property and the Personal Property. Real Property. The words "Reel Property" mean the real property, interests end rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mesn all promiseory notes, credit sgreemsnta, loan agreements, emrironmentel agreements, guaranties, security egreemer~ts, mortgages, deeds of trust, aequrity deeds, cogeterel mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means ell preserrt and future rents, revenues, income, Issues, royalties, profitb, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO fI'S TERMS. THIS MORTGAGE i8 GIVEN UNDER SEAL AND tT IS INTENDED THAT THIS MORTGAGE IS AND SHALL COINSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTO ' ~t:;F ~:?~8eaQ o Seal) a s CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Members 1st Federal Credit Union, herein Is as follows: ATTN: Sma11 Sus~sss Lendarg, 5000 Louise Drive, Mechanicsburg, PA 17055 C~ ~ ~ ~ Attorney or Agent for Mortgagl~e i i i i I B~ ~ 9~4PG49 ~ 0~ r n_ _ T T _ i _ , MORTGAGE Loan No: (Continued) Page 12 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF `M ) thi the ~ day of ~ ~V- , 20 before nMe ~ , ~ ,the underalgned Notary Public, personally sppaarod RoNaoa E. Hawt~s arW ~ Barbara A. Heustess, known to me for satisfactorily proven) to bs the Penton whose names are subscribed tq the within Instrument, and acknowledged that they executed the same for the purposes therein contained. C;In yr>>toawaf~~~.~[et.my hand end iel wall c ONp1AC~N TM ONE ~ VMNA 11 ,kxiy K SrN~t, Nohry F'ubNc Camp H Bao, CunbadBnd County Not Public in and for the State of ~ v~. My Cantrrilion E~pMas Air. 25, 2008 Member, Penrcyivartie Aeaoclation Of Notaries LAMA rq LMrM• 1M. LYAOAM Cnr, Mw1~N rLiw,M Mntlrw M. 1N7, f00~. M Ml~w Mw,Y. . M L1611YKWJC 1M111tl Ma T Certify this t-. ' _ c;v~c3ed ~'vmbe--'.~ . ~~~it PA Y . 1 ,...'.er of Deeds ~K-! 9~~PG~9 l ~ ~ _ EXHIBIT "G" r PROMISSORY NOTE 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 kam above containf " • • hoe been omitted due to text b h )fmketions. Borrower: RoNace E. Hewtess Lender: Marrrbera 1st Federal Credk Union i Barbara A. Heustess ATTN: Small Busbnss Lenr~g i 237 Ridge H(il Rd. 6000 Louise Drive ` Mechanicsburg, PA 17060 Mechanicsburg, PA 17055 I ~ Principal Amount: 570,000.00 initial Rate: 7.750% Date of Note: D$cember 11, 006 PROMISE TQ PAY. Rolbce E. Hsustees and Barbara A. Hsustess ("Borrower"i jointly end pveraNy prondee to pay to Members Ut Feder I Credit Union ("Lender"1, or order, b lawful money of the United Stalls of America, the prirraipei smourrt of Swenty Thou#and & 00!700 oUms ($70,000.00), together wkh interest on the unpaid p?frrc~af babnce from December 11, 2006, until paid in full. PAYMENT. Subject to any payment ehanyes resuking from chanpu in the index, Borrower wW pay this ban in 119 r payments of $575.51 each end one imgubx last payment sstbnatad at !:48,520.82. Borrower's first payment b dr» January 16, 7, and aN subs quern paymar?ts re dw on the same day of each month sitar that. Borrower's final payment r+ri8 be due on December 168, and wW be r ell prinoipal and all aaerued interest not yet paid. P.ym.rrts bwlude prbroipal and interest. Unless otherwise alpPeed or ed by appUeabl law, payments wiN be applied first to arty unpaid eoNection coats: then to any bite charges; then to erry accrued unpaid krtsr • and then to nc~al. Interest on this Nets b oortrputed on a 365/38b simpb frrterest basis; that b, by applying the ratio of the annwl interest ~ over the nu bar of days in a Year, muitiipNsd by the outttan~ding principal babnce, mukiplied by fire actual number of days the principai balenjce is outstendin . Borrower wid pay Lender at Lender's address shown above or at such other place ss Lender may designate in writing. VARIABLE MITEREST RATE, The interest rate on this Note is subject to change from time to time based on changes in ajn independent i dex which Is the weekly U.S Treasury 5-Year Constant Msturky published prior to rate adjustment (the "Index"). The Index iIr not necassaril the lowest rate charged by Lender on ka loans. If the Index becomes unavailable during the term of this loan, Lander may d~aignata a substi ute Index after notifying 8orcower. Lender will tell Borrower the curcent Index rate upon Borrower's request. The Interest rake change will n t occur more often than each sixty months. Borrower understands that Lender may make bona based on otMr rates as weH. T~re Index curce y is 4.800% per annum. The interest rate to be eppited to the unpaid principal befance during fhb Note will be st a refs of 2;.960 percentag points over the Index, resulting in en initial rate of 7.780% per annum. NOTICE: Under no circumstances will the interest rata'on this Note be ore then the maximum rate allowed by applicable law. Whenever increases occur in the Interest rate, Lander, at its option, rlney do one or re of the following: IA} Mcreace 8orcower'a payments to ensure Borrower's loan w(ll pay off by Its original final maturity date, IB) increase Borrower's payments to cover accruing interest, IC) Increase the number of Borrower's paymenU, end iD) continue 8arrowar'a paym nta at the acme amount and increase Borrower's final payment. PREPAYMENT; IIAMMIAUM NYTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lends is entitled to s mirdrnwn Mterest charge of 81.00. Other than Borrower's obligation to pay any minimum interest charge, ~orrowar may p y without penalty ell or a portion of the amount owed earlier than k is due. Eariy payments will not, unless agreed to by !}ender In wrking relieve Borrower of 8orcower's obligation to continue to make payments under the payment schedule. Rather, early payments Nvlll reduce the rineipal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marI~ed "paid in full" "without rocourse", or similar language. if Borrower sends such a payment, Lender may accept k without losing any oA Lender's rights Wrier this Note; and Borrower will remain obNgatad to pay any further amount owed to Lender. Ail wrktan communications cpnceming dtapu ed amounts, including any check or other payment inatrumenf that indicates that the payment constitutes "payment in full of the amount wad or that is tendered wkh other eorxfitions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mamba 1st Federal Credit Union, 5000 Louise Drive Mechanicsburg, PA 17050. LATE CHARGE, If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly schedul payment or $26.00, whichever b kas. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note sfjall be increased to 15.000% per annum ("Default Rate"). If judgment Is entered in connection with this Note, interest wits continue to accrue after the da a of Judgment at the Defauk Rata. However, in no event will the interest rate exceed the maximum interest rata Iimitetions', under applicabl law. DEFAULT. Each of the following shall constitute en event of default ("Event of Default"} under this Note: Payment Defauk. Borrower fella to make any payment when due under this Nate. Other Dsfwka. Borrower tails to comply wkh or to perform any other farm, obligation, covenant or condition conttained in this N e or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other raement between Lender and Borcower. Defeuk M Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purc se or salsa agreement, or any other agreement, in favor of any other creditor or person that may materially affect any dt Borrower's pr party or i Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lander by Borcower or on Bofrower'a behalf Wrier this Note or the related documents is false or misleading in any material respect, either now or at the time made or fuirnishad or beco es false or misleading at any time thereafter. Death or tnsoiveray. The death of Borrower or the dissolution or terminetlon of Borrower's existence as a going (business, the In olvency of Borrower, the appointment of a receiver for any part of Borrower's property, any asatgnment for the benefit ofl creditors, any pe of credtor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Crsdkor or Farfekure Proceedings. Commencement of foreclosure or forfekure proceedings, whether by judic)el proceeding, self help, repossssaion or any other method, by any creditor of Borrower or by any governmental agency against any colls7sral securing th loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of De cult shall not apply if there is a good faith dispute by Borrower es to the velidky or reasonableness of the claim which is the basis of the c editor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfekure proceeding and deposits with Lend monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Sts sole dlscretion,!as being an ads uate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommod lion party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revoke or ' ~ PROMISSORY NOTE Login No: (Continued) P 9e 2 ~ disputes the validity of, or liability under, eriy guaranty of the indebtedness evidenced by this Note. In the avant of a death, Lender, its option, may, but shell not ba requirod to, permit the guarantor's estate to assume uncondhionelly the obligations arising under the gu renty in a manner eatishctory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A materiel adverse change occurs in Borrower'• flnenciel condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other then a defeuft in payment is curable and If Borrower has not been given a notice of a breBCh of the same provision of this Note within the proceding twelve (12) months, It may be cured If Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within thirty (30) days; or (2) if the cure requires more than thirty (3 1 days, immediately inftiatea steps which Lender deems in Lender's sole discretion to be sufficient to cure the defauh and thereafter continues end completes ell reasonably and nacesesry steps sufficient to produce compliance ore soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EJ(PENSES. Lender may hire or pay someone else to help collect this Note tf Borrower does not pay. Borrower will ay ~ Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whe her or not there is a lawsuit, including attomeys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automats stay or injunction), and appeals. If not prohibited by applicable law, Borcower also will pay any court costs, in addition to ell otfier sums provi ed by law. JURY WAIVER. Lander' and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterckdm brought by sitiwr Lender or Borrower painst the other. 60VERNING LAW. This Note wpl be povemsd by fsdsral law applicable to Lender and, to the extent not preempted by federal law, the ws of the Commonwaaltir of Pennsylwnia wtttwut regard to fb cordlicts of law provisior?s. Thla Note has been ~cspted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUf. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberlan County, Commonwealth of Pennsylvania. DISHONORED ITEM FEf. Borrower will pay a fee to Lender of 026.00 if Borrower makes a payment on Borrower's loan end the check o preauthorized charge with which Borrower pays is later dishonored. STATUTORY LIEN. Borcower agrees that all loan advances under this Note ere secured by all shares and deposits in ell joint and individ I accounts Borrower has whh Lender now and In the future. Borcower authorizes Lender, to the extant permitted by spplkebls law, to ap ly the balance in these accounts to pay any amounts due under this Note when Borrower is In default under this Nat'. Shama and deposits in n Individual Retiromsnt Account and any other account that would lose special tax treatment under state or federal law if given as security ere not subject to the security Interest Borcower has given in Borrower's shares end deposits. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herei (Al a Mortgage dated December 11, 2008, to lender on real property located In Cumberland County, Commonwealth of Pennsylve le. IBI en Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. { ARBITRATION. Borrower and Lender apes that ap tliaputes, claims and aontrowrsku between them whether )ndhddusl, joint, or class i 1 nature. arisbtg from this News or otherwke. IneludMrg whhout pmkation cantrect and tort disputes, shall be arMtrabd pursuant to the R s of the Amsricen Arbitration Association h effect at the time the clakrr is flMd, upon request of either party. No act tr? take or dispose of a copatard securing this Note :top aonstihRa s waiver of this arbitratbn aprwmerrt or be proi+pribd by this •rbhratfort apresrtrent. This i lodes, without limitation, abtaktktp k>]trrratlvs repef or a temporary restrakrkrg order; Mvokkrp a power of sak+ under any deed of trust or morq obtaining a wrh of attaclanerrt or krrpoekion of a rocslwr; or exercising any riphb rokHinp to personal Property, inepidMp taking or die ing of such property wish or withrrut judaW process pursuant to Article 9 of the UrtHorm Commercial Code. Any dbptRes, tlaima, or corrtrov lea concerning the lawfulness or reasonableness of any act. or exerdee of any right, oorrcerrdnp arty colhteroi securing this Nets, incha9ng y claim to resoirrd. reform, a otherwise modify any aprasrnarrt relating to the ooNateral seaurktp thM Note, shat also M arbhnted, provid however that no arbitrator ahaq have the right or the power to enjoin or restrakr any act of any Party..fudpmerit upon any award rends by any arbitrator may be enwed in any court having jurhdicdon. Nathkg In this Nob shop preclude any party from seeking equitable retie from a court of competent jurisdiction. TI» statute of pmitetiona, estoppel, waiver, lathes. and skrrllar doctrMes which would othsrwbs bs ap able in an action brorpM by a party shall ire apppaabh in any arbitration proceadinp, and tM commanwment of an arbitratbn proceedings p be deemed the commarroerrrorrt of ~ oration for these purposes. The Federal Arbitration Aat shag apply to the construction, intsrprstation, end I enforcement of thb arbitration provision. MEMBERSHIP REQUIREMENTS. All borrowers end Guarantors must maintain a membership with the Credit Union in good standing for t e life of the loan. ~ SUCCESSOR INTERESTS. The farms of this Note shell be binding upon Borrower, end upon Borrower's heirs, personal representatives, successors and assigns, end shall inure to the benefit of Lender end its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Pleaae notify us if we report any 1 ccurate information about your accaunt(el to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should b sent to us et the following address: Members 1st Fedarel Credit Union 5000 Louise Drive Mechanicsburg, PA 17050. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or orgo enforcing any of ha rights or remedies under this Note without losing them. Each Borrower undarotands and agrees that, with or witho t notice to Borrower, Lender may with respect to any other Borrower la? make one or more additional secured or unsecured loans or otherwise xtend additional credit; (bl alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or of r terms of any indebtedness, Including increases and decreases of the rate of interest on the indebtedness; (c? exchange, enforce, waive, subo dinate, fail or decide not to perfect, end release any security, with or without the substitution of new collateral; (d) apply such security and di act the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agr manta, ~ as Lender in its discretion may determine; (el release, substitute, agree not to sue, or deal with any one or more of Borrower's auretie endorsers, or other guarantors on any terms or in any manner Lender may choose; and lfl determine how, when and what application of payments and credhs shall be made on any other lndebtednesa owing by such other Borrower. Borrower and any other person who si s, guarantees or endorses Mia Note, to the extent allowed by law, waive presentment, demand for payment, end notice of dishonor. Upo any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, gu rentor, _ _ - - l _ j ~I , ~ ~ ~ , '~I ' ~ PROMISSORY NOTE Loan No: (Confinued} age 3 ~ accommodation melur or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly a d for any length of time) this lose or release any party or guarantor or collateral; or Impair, fail to roaliZe upon or perfect Lender's eecurity iMar st in the collateral; and take any other action deemed necessary by Lender whhout the consent of or notice to anyone. All such parties also a ree that Lender may modHy thb loan without the consent of or notice to anyone other than the party whh whom the modiftcatlon Is made. e obligations under this Nots aro joint and several. If any portion of this Note is for any reason determined to ba unenforceable, it will not act the anforcasbility of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE i OR BORROWER AFTER ARDEFAU 7 UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED~COHNFESS OR N'TAER JUDGMENT E AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND AN AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH C STS OF SUIT, ANO AN ATTORNEY'S COMMISSION OF TEN PERCENT (1096) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTERE T FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (85001 ON WHICH JUDGMENT OR JUDGMENTS ONE O MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFIC~NT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT E EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAY ENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR O A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LEND 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, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOVYLEDCiES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE M 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. BORRO R: . µti:.' v:.i ~ . ,.~s X'~ 's•: ~ '~,':n...::'~,~ISe~I all teas , LENDER: M 18T FED L U ON X A Ipner usM nq i«~. w. aaiee.oa C.r,. ~wW Ibww a,wY.S w.. ~p7. ma N ¦y,Y Mww1. . M c.1C0?1lICYL1d111M.1D70x twist !M I, I 1 I EXHIBIT "H" i { ~ Parcel identification ~ ~ ' i ' r i"~ . Number: _ ;;."i~ i~,.,,r,-~• • 38-18-1621-005 ' ~ REGORDATION ~~QC j.3 ~n ~ REQUESTED BY: Members 1st Fadaral Cradlt Union ATTN: Small Business Landing j 5000 Louise Drive Mechanicsburg, PA 17055 WHEN RECORDED MAIL TO: Members 1st Federal Credit Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 SEND TAX NOTICES TO: Members 1st Federal Cradft Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 FOR RECOf1DER'~ osE ONLY MORTGAGE THIS iS A PURCHASE MONEY MORTGAGE MAXIMUM LIEN. The unpaid principal balance of_.advances_ exclusive of intesst acid iurip6id_ - _ -balances of advances and-other •exterisions of credit, secured by the Mortgage made for the payment of taxes, esaessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shall not exceed at any one time 870,000.00. Amount Secured Hereby: 570,000.00 THIS MORTGAGE dated December 11, 2006, is made and executed between Rollace E. Heustess and Barbara A. Heustess, whose address is 237 Ridge Hill Rd., Mechanicsburg, PA 17050 Sreferred to below as "Grantor") and Members 1st i`edersd Credit Union, whose address ' is ATTN: Small Business Lending, 5000 Louise Drive, Mechanicsburg, PA 17055 (referred to below as "Lender"). • GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, ~ releases, confirms and mortgages to Lender s11 of Grantor's right, title, and interest in and to the bilowing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; ail streets, Isnae, alleys, passages, and ways; all easements, rights of way, ail liberties, privisges, tenemems, hereditsments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, andthe reversions and remainders with respect 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 relatin to the roai pproperty, including without limitation aH minerals, oil, Qas, geothermal and similar matters, (the "Real ~roperty") IOCetedht Cumberland County, Commonwealth of Pennsylvania: ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingston, Silver Spring Township. Cumberland County, Pennsylvania, bounded and described in a survey by Ernest J. Welker, P.E., dated September 26, 1979,as follows, to • wit: BEGINNING at a point on the north side of U.S. Route 11 and other land of Grantors, said point being 40 feet West of an x-out in Concrete on U.S> Route 11 and a right of way for drainage; thence South 85 degrees 52 minutes West, 40 feet to a point on US r BK ~ 97f~PG0373 -_T i - - I MORTGAGE Loan No:. (Continued) Page 2 Route 11 and lands of Frank Potteiger, thence along lands of Potteiger, North 04 degrees 0$ mfnutes West, 160.20 feet to a wall of a frame garage; thanes along said wall and lends of Potteiger, South 85 degrees 62 minutes West, 2.2 feet to a point; thence through a partition wail, North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin st an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, 30.5 feat to an x-cut in concrete at other lands of Grantors: thence long lands of Grantors and through a partition wall, South 02 degrees $5 minutes 45 seconds East, 29.79 feet to a point; thence among garage, north 86 degrees 52 rt>dnutss East, 12 feet to a point at lands of Granters; thence along other lands of Grsntors, South 04 degrees 08 minutes East 160.20 feet to d1e north side of U.S> Route 11, the place of BEGINNNNIINNG. BEING known as No. 78 West Mein Street, formerly No. 78 West Carlisle Pike. The Reai Pr arty or Its address Is commonly known as 78 West Main Str ,New Kingston, PA 17072.~he Real Property parcel identification number is 38-19-1621-00~.1t CROSS-COLLATERAUZATION. In addition to the Note, this Mortgage secures all obligations, debts end 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 arieing, 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, absohrte or contingent, liquidated or unliquidated, whether Grantor may be 1}ebb individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. • Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and futuro leases of tl~e Property and a?{ Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Cod• security interest in the Personal Property and Rents. THIS MORTGAaE, INCLUDING THE ASSKiNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AtiD PERSONAL PROPERTY, iS GIVEN 70 SECURE (A) PAYMENT OF THE MIDEBTEDNESS AND (BI PERFORIIIIIANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE OAI(ipdAl PRINCIPAL AMOUNT OF X70,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THI8 MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: - - PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage ie lent-to Grantor to acquire title to-the - - - - Reel Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of G,rantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of >he Property shall be governed by the following provisions: Possession and Uss. Until the occurrence of an Event of Default, Grantor may (1) remain in possession std control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition end promptly perform all repais, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents end warrants to Lender that: 11) During the periodof Grantor's ownership of the Property, there hss been no use, generation, manufacture, storage, treatment, dispoal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Propegy 121 Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged 6y Lander in writing, lal any breach or violation of nny Environmental Lawa, (b) any ye, genereYron, manufacwre, storage, treatment, disposal, release or threstened release of any Hazsrdous Subata~ce on, under, about ar from the Property by any prior owners or occupants of the Property, or (c) any actuator ~ threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previouly disclosed to and acknowledged by Lender in writing, (e} neither Grantor nor any tenant, contractor, agent or oUer authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hezerdp~s Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance pith atI applicable federal, state, and local laws, regulations and ordinances, including without limitation ell Environmental Laws. Grantor authorizes Lander and its agents to enter upon the Property to mske arch i inspections and tests, et Grantor's expense, as Lender may deem appropriate to determine compliance of he Property with this section of the Mortgage. Any inspections ar tests made by Lender shall be for Lendr's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantaor to any other person. The representations and warranties contained herein ere based on Grantor's due diligenain investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future chins i B~t•1976PG0374 _ ~ _ _ i , ~ I , ' ' i r MORTGAGE Loan Nc: (Continued) Page 3 against Lender for indemnity or contrlbutbn in ttie event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indsmnffy, defend, and hold harmless Lender against any end all claims, losses, liabilities, damages, penalties, and expanses which Lsndsr may directly or indirectly sustain or suffer resulting from e breach of this section of the Mortgage or es 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 same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify end defend, shell survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be effected 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. Whhout 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 gasl, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shell 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, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of M least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. CompNanos with Csovarnmental Requirements. Grantor shall promptly comply with ell laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without (imitation, the Americans With DisabUitiss Act. Grantor may comsat in good fa'Kh any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate sppaels, 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. Lender may require Grantor to post adequate security or a surety bond,rsasonably sadafactory to Lendar,to protect Lender's interest. Duty to Protect. Grantor egress 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 -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable ell sums secured by this Mortgage upon the sale or transfer, whhout Lender's prior written consent, of all or any pert of the Real Property, or any interest in the Reel Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for dead, 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 an interest In the Real Property. However, this option shall not be exercised by Lender ff such exorcise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shell 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 materiel fumished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liana specifically agreed to in writing by Lender, and except for the lien of taxes and assessmenS not due as further specified in the Right to Contest paragraph. j Right to Contest. Grantor may withhold payment of any tax, ssseaament, 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 f16) days after the lien arises or, if a lien is filed, within fifteen (16) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lander, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in en amount sufficient to discharge the lien plus any costa and attorneys' fees, or other charges that could accrue a: a result of a foreclosure or safe under the lien. In any contest, Grantor shall defend itself and Lender end shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender ac an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes ~ or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written i statement of the taxes and assessments against the Property. t I 1 i B~ti976PG0375 1 T 1 1 ' • ' . i MORTGAGE i Loan No: (Continued) Page 4 Notice of Construction. Grantor shall notify Lender at least fifteen I16) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, msterialmsn's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds 55,000.00. Grantor will upon request of Lender furnish to Lender advance assurencea 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 pert of this Mortgage: Maintenance of Insurance. Grantor shall procure end 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 amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lander being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies end in wch 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 cancetled or diminished without a minimum of thirty 130) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or defauk of Grantor or any other parson. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard arse, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy Ilmhs set under the National Flood Insurance Program, or es otherwise required by Lender, end to maintain such insurance for the term of the loan. Applicstlon of Proceeds. Grantor shell promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds 06,000.00. Lender may make proof of loss 'rf Grantor fdfls to do so within fifteen (15I days of the casualty. Whether or net Lender's ascurity 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, paymaM of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair• or replace the damaged or destroyed Improvements in s manner satisfactory to Lander. Lender shell, upon sadafactory proof of ouch expenditure, .pay - or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in defauh under this Mortgage. Any proceeds which have not bean disbursed within 1 BO days after their receipt and which Lender has not committed to the repair or restoration of the Property shell be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shell 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 limked to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Leader deems appropriate, including but not limited to discharging or paying ell taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. 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 Lender 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; Iel be added to the balance of the Note and be apportioned among and be payable with any installment payment: to become due during either )1) the term of any applicable inwrance policy; or (2) the remaining term of the Note; or IC) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender far all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this ~ Mortgage: I, Title. Grantor warrants that: (e) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Rsal Property description or in any ~ Utle insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and Ib) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. I { i BIB 197bPG0376 1 _ . , , , ~ MORTGAGE Loan No: - ~ - (Continued) Page 5 Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forawr defend the title to the Property against the lawful claims of all parsons. In the event any action or proceeding is commenced that questrons Grantor's title or the interest of Lander under this Mortgage, Grantor shall defend the action at Grantor's expsnae. Grantor may be the nominal perry in such proceeding, but Lender shell be entitled to participate In the proceeding and to be represented in the procssdfng 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 ell existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warrerrties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, end shell remain in full force end effect until such time as Grantors Indebtedness shell ba paid in full. CONDEMNATION. The 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 es may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation es may be requested by Lender from time to time to permit such participation. AppEcation of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedngs or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the sward 6e appUad to the Indebtsdrtess ar the repair or restoration of the Property. The net proceeds of the award shall mean the award after paymerrt 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 govsmmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees end Charges. Upon request by Lander, 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 Reel Property. Grantor shall roimburse Lender for all taxes, ea described below, together .with all expenses - _ _ incurred in recording, perfecting or continuing this Mor~ags, including without limitation ell texas, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: 111 a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a speck tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and 141 a specific tax on et! or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this secYwn applies is enacted subsequent to the date of this Mortgage, this event shah have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Mterest. Upon request by Lender, Grantor shall take whatever action is requested by Lander to perfect and continue lender's security interest in the Rants and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and wthout further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage es a financing statement. Grantor shall reimburse Lender for ell expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor end Lender and make it available to Lender within three (3) days after receipt of written demand from Lander to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information i ~K 1976PGfl377 - _ _ _ ) , ) i MORTGAGE Loan No: • - - (Continued) Page 6 concerning the security interest granted by this Mortgage may be obtained leech ea required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additions) authorizations era a part of this Mortgage: • Further Assuranoes. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lsndsr's designee, and when requested by Lender, cause to be filed, recorded, refiled, or reraeorded, ss the case may be, at such times and in such offices and places es Lender may deem appropriate, any end all such mortgagee, deeds of trust, security deeds, security agreements, financing atatementa, continuation statements, instruments of further assurance, certificates, and other documents ac may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continua, or preserve 11) Grantor's obligations under the Note, this Mortgage, and the Related Documents, end (21 the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned ar hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shaft reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizstions. If Grantor fails 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 Grantor's expanse. For ouch purposes, Grantor hereby irrevocably authorizes Lander to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. ~ FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender ehatl execute and deliver to Grantor a suitable satisfaction of this Mortgage end suitable statements of termination of any financing statement on file evidencing Lender'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 Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute en Event of Default under this Mortgage: Paymsrtt Dafauk. Grantor fails to make any payment when due under the Indebtedness. Dafauk on Other Payments. Failure of Grantor wthin the time required by this Mortgage to make any payment for texas or insurance, or any other payment necessary tc prevent filing of or to effect discharge of any lien. Other Dafsuks. Grantor 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 end Grantor. Dafauk in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or parson that may materially affect any of Grantor's property or Grantor's abil'tty to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any lima thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force end effect )including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor'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. Credkor or Forfakure Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any govemmantal agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including daposk accounts, with Lender. However, this Event of Osfauk shall not apply if there is a good fa'tth dispute by Grantor es to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding end if Grantor gives Lender wr'rttan notice of the creditor or forfeiture proceeding and deposits with j Lander monies or a surety bond for the creditor or forfeiture proceeding, in en amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breech of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement I I Shf976PG0378 ' ~ ^ 1 1 _ i 1 MORTGAGE Loan No:. (Continued) Page 8 pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights end remedies provided in this Mortgage or the Note or available at Isw 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 bs free to sell ell 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. Notlca of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise requirod by applicable law, reasonable notice shall mean notice given et 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 sale of the Real Property. Election of Remedies. 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 not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or rostrict the rights end remedies available to Lender following an Event of Default, or in any way to limft or restrict the rights and abif'rty of Lander to proceed directly aga~st Grantor andlor against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fess; Expenses. If Lander institutes any suit or action to enforce any of the terms of this Mortgage, Lender sha(I bs entetlad to recover such sum as the court may adjudge reasonable as attomeys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, ell reasonable expenses Lander incurs that in Lender's opinion ere necessary et any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without I'imitstion, however 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 expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction, appeals, and any anticipated poet-~dgment collection services, the cost of searching records, obtaiMng title reports (including foreclosure r®ports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, end shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law}, when deposited with a nationally recognized overn~ht courier, or, if mailed, when deposited in the Untied States mail, 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 Lender's address, as shown near the beginning of this Mortgage. Any party may change its addrosa for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Un{ass otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together whh any Rotated Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No aheration of or amendment to this Mortgage shell be effective unless given in writing end 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 shell furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shalt 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. Arbitration. Qrantor and Lender agroe that all disputes, claims end controversies between them whether individual, joint, or class in nature, arising from this Mortgage or oth»rwise, including whhout limitation contract and tort disputes, shell be arbkrstad pursuant to the Rules of the Amertcen Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Property shall consthute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a wrk of attachment or imposition of a receiver; or exercising any rights relating to personal i 8K197~~G0380 T _ _ _ i - _ ' ~ ' 1 ' MORTGAGE Loan No: , (Continued) Page 9 property, including taking or disposing of such property with or without judicial process purswnt to ArNcla 9 of the Unform Commeroial Code. Any disputes, claims, or cortrovsnisa concerrang the lawfuirwes or naeonsMenssa of any act, or exercise of any right, conceming any Property, including any ddm to nsolnd, reform, or otherwise modify any agreement relating to the Property, shat! also be arbitrated, provided however that no arbitrator shall 1 have the right or the power tc enjoin or restrain any act of any party. Judgment upon any award rendered by any arb[trator may be eMSred in any court having jurisdiction. Nothing In thts Mortgage sMg preclude any party from seeking equitable relief from s court of compstem Jurtediotion. The stttute of gmitadons, estoppel, waiver, laches, and similar doctrkres which would otherwise be applcable in an action brought by s party shag bs applicable in any arbitration proceeding, end the commencement of exi arbitration proceeding shell bs deemed the wmmsncemem of an action for these purposes. The Federal Arbkration Act shag apply to the construction, interpretation, and enforcement of this arbitration provision. 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. Oovaming Law. This Mortgage wilt be governed by federal law appgcable to Lender end, to the extort not preempted by federal law, the laws of the Commonwsetth of Pennsylvania without regard to ks conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonweakh 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, Commonweakh of Pennsylvania. Joint and Several Llabr'lity. 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 Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver fa given in writing and signed by Lender. No delay or omission on the pert of Lender in exercising any right shall operate as a waiver of ouch right or any other right. A waiver by Lender of s provision of this Mortgage shall not prejudice or canatltute 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 Lander, 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 es to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabilky. If a court of compeunt 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. H the offending provision cannot be so modified, h shall be considered deleted from this Mortgage. Unless otherwise required by law, the glegality, invalidity, or unen#orceahility of any provision of this Mortgage shall not affect the legality, validity or enforceabil'ty of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shell be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other 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 singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Rollace E. Haustess and Barbara A. Hsuatess and includes ell co-signers ~ and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Lawa. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations end ordinances relating to the protection of human heahh or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 i B#t~976~G038~ ~ z i 0 I ~ ~ 1 i i I ~ ' / MORTGAGE Loan N~ (Continued) Page 10 U.S.C. Section 9601, et esq. ('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 end Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of dafauh set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Roliace E. Heustess and Barbara A. Heustass. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Subatencas. 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 end all hazardous or toxic substances, materials 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. improwmenta. The word "Improvements" meanc all existing and future improvements, buildings, structures, mobile homes affixed on the Reai Property, facilities, additions, replacements and other construction on the Real Property. Mdebtedneas. The word "Indebtedness" means all prlncipai, interest, end other amounts, costa end expenses payable under the Note or Rslatod Document:, together with ell renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Dooumants and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurrod by Lender to enforce Grantor's obligation: under this Mortgage, together with interest an such amounts as provided in this Mortgage. SpeciticaEly, without limitation, Indebtedness includes all amounts that may ba IndirecUy secured by the Cross-Collateralization provision of this Mortgage. Lender. The word "Lender" means Members tat Federal Credit Union, its successors end assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor end Lender. Note. Tha word "Note" means the promissory note dated December 11, 2006, In thA original principal amount Of $70,000.00 from Grantor to Lender, together wkh ail renewals of, extensions of, modifications of, refinanc~gs of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is December 16, 2018. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Paroonai 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 ell 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 collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests end rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, securty agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. - i i i BK t 976PGD38~ _ _ _ _ _ - _ . ! _ l ( MORTGAGE Loan No: (Continued) Page 11 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO iT3 TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X c (Seal) Rol tusteas t s ra A. Haustess CERTIFICATE OF RESIDENCE j I hereby certify, that the precise address of the mortgagee, Membero tat Federal Credit Union, herein is es follows: ATTN: 8ma11 Business Lending, 6000 Louise Drive, Mechanicsburg, PA 17056 l~ Attorney or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) n ) SS COUNTY OF 1~.~. ) O i , th ~ day of ~ , 20 ~ ~ .before me ~:J ~C h a ,the undersigned Notary Public, paroonally appeared Roliace E. Hsustsss and Barbaro A. Haustess, kno to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offiai seal. A ~ NapiSi 90fli /(~,/~,J (~lldlM,VYaiinapn,Nt3AatyPtbic Notary Public in and for the State of Glpp ht mda, QrnbstlMd OarxY My QOrftrttltWOn E>cplffes Dec. 27, 2006 AesOdetlon Of Notaries wa Mo ~rM. v«. ~ .ease uw. wrrM Anrwx ~ew,.? um. +r ~v ~..,.w. - M enw`rwcuuantr~woe.rc rn-,»f m~ 8K 1976PG0383 T Y FIRST AMERICAN TITLE INSURANCE CO. Commitment Number: ROLL48-06(R) SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingst n, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey by Emes J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the nortfi side of U.S. Route 11 and other lands of Grantors, said point being 40 f et West of an x-out in concrete on U.S. Route 11 and a right of way for drainage; thence South 85 degrees 52 minutes West , 40 feet to a point on U.S. Route 11 and lands of Frank Potteiger, thence along lands of Pottei er, North 04 degrees 08 minutes West, 160.20 feet to a wall of a frame garage; thence along said wall and land of Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall, North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence al ng said alley and rear of garage, North 85 degrees 52 minutes East, 30.5 feet to an x-out in concrete at other la ds of Grantors; thence along lands of Grantors and through a partition wall, South 02 degrees 55 minutes 45 seconds East, 29.79 feet to a point; thence along garage, North 85 degrees 52 minutes East, 12 feet to a p int at lands of Grantors; thence along other lands of Grantors, South 04 degrees 08 minutes East 160.20 feet to the north side of U.S. Route 11, the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. • I • I Certify this to be recorded . In Cumberland County PA //J~ - A~ I O~ c6y //////JJJ~~~ J ~,,I"ti.. //j~/~ //"(j~~',~ /may ..ter kr,y, r ~?ra ALTA Commitment ~~1" {1 ~ "+'i ScheduleC (ROLL48-O6(R).PFO/ROLL48-O6( )/1) ~A ~ 77~f13Q~~~~ EXHIBIT "I" e i . PROMISSORY NOTE ~ - Referencea in the shaded arse ate for Lender's use only end do not Iimit~the applicabiUty of this document to any particular loan or item Any item above conteinin • • has bean omhted due to text lea th ilmitations. Borrower: Rogacs E. Haustesa Lender: Members 1st Federal Cndk Union i Barbara A. Hsustesa ATTN: SmaN BwMsaa Lendhrg ~ 237 Ridge Hill Rd. 5000 Louke Drlvs Mechan~sburg, PA 17050 Mechanicsburg, PA 17055 Principal Amount: ~ 120,000.00 initial Rate: 7.75096 Date of Note: September 28, 2007 PROMISE TO PAY. Ballets E. Hewtess and Barbara A. Heustess ("Borrower"}jointly and severally promise to pay to Ms~nberg tat Feder I Credit Union ("Lender" 1. or ceder, in lawful money of the United States of America, the principal amount of One Hundred fiwsrrty Thousa d & 00/100 Dollars (5120,000.00], together wkh Interest on the unpaid principal baknce f?om September 28, 2007, unttl ps~d to full, PAYMENT. Subiset to any payment changes rosuhing from changes in the Index, Borcower w81 pay tfik Iosn in 119 leg payments of S910.31 each and one irregular test payment estimated at 887,588.40. Borrower's first payment k drw November 18, 07, and all subsegwnt ~yments are dw on the same day of each month sitar that. Borrower's final payment wiN be dw on r 16, 2017, an will, be for atl pr&rsipal end all accrued interest not yet paid. Payments include principal and irrarest. Unless oMerwke spree or required by applicable kw, paymenns will be appYed first to any unpaid oogection then to any late charges; than to arty unpaid interes • and then to principal. Interest on thk Note k computed on a 365!386 simple irterest bask; that k, by appiyinp tlw ratio of annual inters t rate over the number of days in a year, mukiplied by the outstanding prineipal balance, ntuttiplied by the actual number of day~r the principal lance is outstanding. Borrower wN1 pay Lender et Lender's address shown above or at such other place as Lsndsr may dssipndite M writing. VARIABLE INTEREST RATE. The Interest rate on this Note is subject to change ftom time to time based on changes in ah independent t ex which is the Weakly U.S Treasury b-Year Constant Maturity published prior to rate adjustment (the "Index"). The Index t~ not necessaril the I lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may de~aignate a subati ute index after notifying Borrower. Lender will tell Borrower the curcent Index rate upon Borrower's request. The interest rata change will n t occur more often than each Sixty months after the initial fixed rote period of sixty (80) months. Borrower understands that Ler}der may make I ens based on other rates ae wall. TM Index currently k 4.800% per annum. The Interost rate to be spelled to the unpaid principal balance wring this Note will be et a rate of 2.960 percentage points over the Index, resuhing in an initial rate of 7.760% per annum. NIOTICE: Under circumstances will the interost rate on this Note be more than (except for any higher default rata shown bebw) the Issaq'r of 18.000% r annum or the maximum rata allowed by applicable law. Whenever increases occur in the interost rats, Lender, at Its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by Its original final maturity date, (B) increa e Borrower's payments to cover accruing interest, lCl Increase the number of Borrower's payments, and ID} continue Borrower's paym nts at the same amount and ineroass Borrower's final payment. PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lander is ~ entitled to a miMmwn irrbrsst ohsrge of 81.00. Other than Borrower's obligation to pay any minimum intarost charge, Elorrower may pa without penalty all or q portion of the amount owed earlier there it is due. Early payments will not, unless sgroed to by Lepnder in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments ~iriil reduce the p lacteal balance due and may result in Borcower's making fewer payments. Borrower agrees not to send Lender payments mark?sd "paid in full", "without recourse", or aimtlar language. If Borrower sends such a payment, Lender may accept it whhout losing any of ,Lender's rights nder this Nota, and Borrower will remain obligated to pay any further amount owed to Lender. Ali written communications cr}ncerning diaput d amounts, including any check or other payment insVument that indicates that the payment constitutes "payment in full"' of the amount wed or that is tendered with other conditions or Iimhations or as full satlafaction of a disputed amount must be mailed or delivered to: Member 1st Federal Credit Union, 5000 Louise Drive Mechanicsburg, PA 17050. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 6.000% of the unpaid portion of the regularly schedule payment or 825.00, whichever k greater. INTEREST AFTER DEFAULT. Upon default, including tailura to pay upon final maturity, the interest rate on this Note shell be increased 15.000% per annum ("Default Rate"). 1f judgment is entered in connection with this Note, interest will continue to accrue after the dot of judgment at the Default Rate. However, in no event will the interest rete exceed the maximum interest rata lirnitetions Winder applcable aw. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower falls to make any payment when due under this Note. ~ Other Dsfauhs. Borrower falls to comply with or to perform any other term, obligation, covenant or condition contained In this Not or in any of the related documents ar to comply with or to perform any term, obligation, covenant or condition contained in any other a eement between Lender end Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any Iosn, extension of credit, security agreement, purcha a or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any oflBorrower's pro arty or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Fatsa Statements. Any warranty, rspreaentetion or statement made or furnished to Lender by Borrower or on Borrpwer's behalf u der this Note or the related documents is false or misleading in any material respect, either now or at the time made or furrhiahed or becom s false or misleading at any time thereafter. i Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence ea a going business, the ins Ivency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of greditors, any ty a of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Credkor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-h Ip, repossession or any other method, by any creditor of Borrower or by any governmental agency against any colietetal securing the an. ~ This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Deta It shall 1 not apply if there is a good faith dispute by Borrower as to the validity or reasonablaneas of the claim which is the',basis of the cre itor or { forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and depogits with Lender onies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adeq ate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, er accommodate n party _ I , a PROMISSORY NOTE ~ Loan No: (Continued) P ge 2 of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent;, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of el death, Lender, t Its option, may, but shall not be required to, permit the guarantor's estate to assume unconditioneliy the obligations arisiing under the g renty ~ in a manner satisfactory to Lender, end, In doing so, curs any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is tmpsirod. Insecurity. Lender in good faith believes itself insecure. Cwe Provisions. If any default, other than a default in payment la curable and If Borrower has not been given a notice of a breach o the same provision of this Note within the preceding twelve 112) months, It may bs cured if Borrower, after receiving written notice fro Lander demanding cure of such default: (1) cures the default within thirty (301 days; or (2) if the cure requires mdro than thirty (3 1 days, immediately initiates steps which Lender deems In Lender's sole discretion to ba sufficient to cure the defsuft pnd thereafter continue: end completes all reasonable and necessary steps sufficient to produce compliance as soon es reasonably' practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the antics, unpaid principal balance under this Note and all accrued unpaid interest immediately due, and than Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not payi. Borrower will ay Lander that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expanses, wh her or not there is a lawsuit, including attomsys' fees, expanses for bankruptcy proceedings (including efforts to modify or vacate any autometi stay or injunctionl, and appeals. If not prohibited by applicable law, Borrower also will pay any court coats, in addition to ell dther sums provi ed by law. JURY WAIVER. Lender and Borrower hereby waive the right to any Jury trial in any action, proceecNnp, or courterdaim brought by ekher Lender or Borrower against the other. GOVERNING LAW. This Note wN be governed by federal law applicabk to Lender and, to the extent not praempbd by ~sdsral law, the I ws of the Commonwealth of Pennsyhrania without rogad to its cordlicts of law provisions. This Note has 6aen accepted by Lender in the { Commonwealth of Pennsylvania. j CHOICE OF VENUE. if there is a lawsuit, Borrower agrees upon lender's request to submit to the jurisdiction of the courts of Cumberla j County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of 826.00 if Borrower makes a payment on Borrower's loan,end the check prsauthorized charge with which Borrower pays is later dishonored. STATUTORY LIEN. Borrower egress that ell loan advances under this Note ere secured by ail shares end deposits in all Joint end individ al accounts Borrower has with Lender now end in the future. Borrower authorizes Lender, to the extant permitted by appli~eble law, to ep ly the balance in these accounts to pay any amounts due under this Note when Borrower'fs in defsuh under this Note. Sharesjand deposits in n Individual Rstiroment Account and any other account that would loss special tax treatment under state or federal law if divan as ascuri ere not subject to the security interoat Borrower has given in Borrower's shares end deposits. GOLLATERAL. Borrower acknowledges this Note is secured by the following coNatsral described in the security instrument listed herein e Mortgage dated September 28, 2007, to lender on roei property located in York County, Commonweath of Pennsylvania. ARBITRATION. Borrower snd Lender agree that all diapubs, claims and corttrowrsiss between them whether individwi' )Dirt, or class i natwe, arisirtg from fhb Note or otherwbe, including without limitation contract snd tort disputes, shall be arbkrated pu~suwnt to the Ru s of the American Arbitradon Assodatfon in effect st the time the claim M fibd, upon request of either party. No act to take or dispose of a y coliaterol securing this Nab shatl constitute a waiver of this arbitration agroemert or be prohibited 6y this arbitrotktn ag~iemert. This i lodes, without ~nibdon, obtaining injunctive rogef or a temporary restraining order; invoking a porwr of sale under any deed o trust or mortg e: obtairting a writ of atCmhment or imposition of a receiver; or exercising any rights relating to personal property, b~ckadin~ taking or die ing of such property with or without judk:lal process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, c , or contro ies ~ concemktg the lawfubtess w reesonebNnesa of any act, or exercise of sty right, concerning any coNabral securing this IINob, including y claim to rescind, roform, or otherwise modify any agreemsrt rsiatirtg to the coNsterol securing this Note, shall also be ar~itrstsd, provid d however that no arbitrator shall haw the right or the power to enjoit or restrain arty art of any party. Judgmert upon award rends d by any arbitrator may be ertterod in any court having jurbdiction. Nothing in this Note shag procluda any party from seeirkt .equitable retie from a cowl of competent jurlsdlotlon. The statute of Nmitations, estoppel, waiver, lachea, and skttgar doctrktea wfiich would erwfse be ap licable in an actiat brotrght by a party shaft be applicable in any arbitration proceeding, and tlw commencement of an erbitratio proceeding sh I be deemed the comment of en action for those purposes. TM Federal Arbitration Act shsH apply to the construcNori, interpretation, and enforcement of this srbitr'stton provision. 'I MEMBERSHIP REOUEREMENTS. All borrowers and Guarantors must maintain a membership with the Credit Union in goad standing for t e life of the loan. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors end assigns, and shell inure to the benefit of Lender and Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if Nve report any i ccurete information about your account(s) to a consumer reporting agency. Your written notice describing the specific Inaccurecy(iesl should b sent to us at the following address: Members tat Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 170b0. GENERAL PROVISIONS. If any pert of this Note cannot be enforced, this fact will not affect the real of the Note. Lander may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Each Borrower understands and agrees thdt, with or witho t notice to Borrower, Lender may with respect to any other Borrower la) make one or moro additional secured or unsecured loalns or otherwise xtend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for) payment or oth r terms of any indebtedness, including increeaes and decreases of the rate of interest on the indebtedness; {c) exchange, enfodce, waive, auto dinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply suchh security and di act the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controli?ng security agr ements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borfrower's suretie , endorsers, or other guarantors on any terms or in any manner Lender may choose; end (f) determine how, when end yvhat application of ~ payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any otherf person who si ns, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice off dishonor. Upo any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whetf{er as maker, gu cantor, accommodation maker or endorser, shell be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for , I ? PROMISSORY NOTE Loan No: (Continued) Page 3 any length of time! this ben or release any party or guarantor or collateral; or Impair, fall to realize 4pon or perfect Lender"s security inter st in the collateral; end take any other action deemed necessary by Lander without the consent of or notice to anyone. Ali suoh parties also a ree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. T e obligetfons under this Note are joint and several, if any portion of this Note is for any reason determined to be unenforoebble, it will not a act the enforceability of sny other provisions of this Note. ~ CONFESSION OF JUDtiNIF.IYT. BORAOWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY 0 THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APP~R AT ANY TI E FOR 80RROWER ALTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMEN AGAINST BOAROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CH¢RGES AND AN AND j ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH C TS OF SUIT, AND AN ATTORNEY'S COMMISSION OFTEN PERCENT 110%! OF THE UNPAID PRINCIPAL BALANCE AND A CRUED INTERE T FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8600) ON WHICH JUDGMENT OR JUD MENTS ONE 0 MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIE BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORRO R SHALL NOT E EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TINES UNTIL PAY ENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE fi0 NOTICE OR O A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENT!#TIVE OF LEND SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIONMIta THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, If~ClUDING THE VARIABLE INTEREST RATE iPROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDQES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. { THIS NOTE t8 QIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THIE EFFECT OF A i SEALED N`ISTRUMENT ACCORDING TO LAW. J BORRO ER: i dry ,hM14~h;,~ .i......:SF;• ~~•1x • '~iiti~ .e:: ~~Fn ::.v. ....n R I~ct . Heutttst s suttees i LENDER: MEMBERS 1ST FEDERAL Dif UNION - - _ X zed S~nsr r~o ~r v.,. eamaa W.. h.w n..w Wr... ti.. ~M~. nom. w e....r. • n eneorew~c m,m wia I I 1 EXHIBIT "J" I - ~ , ~M11111111 ' E i ~ ParcNumbe~cation 0780 93 49-000-MD-0006.00-0000 0 RECORDATION REQUESTED BY: Members 1st Federal Credk Union ATTN: Smap Business Lending ~ 5000 Louise Drive ' Mechanicsburg, PA 17055 WHEN RECORDED MAIL TO: i Members 1st Federal Credk Union ATTN: Small Bwiness Lending 5000 Louise Drive Mechanicsburg, PA 17055 SEND TAX NOTICES TO: Members 1st Federal Credit Union ATTN: SmaY Business Lending bD00 Louse Drive Machsnicsbura PA 17055 FOR RECORDER'S USE ONLY MORTGAGE MAXIMUM LIEN.. The unpaid principal balance of advances exclusive of interest and unpaid balances of advances-and~othsr~~sxtensions of credit; secured-by-the-Mortgage made fdr the - ~ psymsnt of taxes, assessments, maintenance charges, insurance premiums and costs i~tcurred for the protection of the mortgaged premfsea shall not exceed at any one time 5120,Ob0.00. Amount Secured Hereby: 5120,000.00 THIS M~ GAGE dated Septemb r 28, 2007, is made and executed between Rollace E. Heustess~atd Barbara A. Heusteseferred to below as "Grantor") and Members 1st Federal Credit Union;Cwhose address is ATTN: Small Business lending, 5000 Louise Drive, Mechanicsburg, PA 17055 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuabb consideration, Grantor grants, bargains, sells, conveys, assign:, trensfera, releases, connrma and mortgages to Lender all of Grantor's right, title, and interost in and to the following ascribed real property, together with all existing or subsequently erected or affixed buildings, Improvements and flxtulrea; all streets, Isrros, allays, passages, and ways; all eesemanta, rights of way, ail liberties, privileges, tenements, heredhaments, end appurtenances thereunto batpnging or anywise made appurtenant hereafter, end the rev~rolona end rsmaindera with respect thereto; ail water, water rights, watercourses and ditch rights (including stock in u~lities with ditch or irrigation rightsi; and ail other rights, royalties, end profits relattrtg to the reel property, Inciudin4 _wi#hout limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in York County, Commonwealth of Pennsylvania: ALL that certain tract of land, with improvement thereon erected, situate in Wa on Township, York County, Pennsylvania, designed Lot 2 on a Pion recorded in the ce of the Recorder of Deeds of York Counttyy Pennsylvania in Plan Book FF, Page 884. k own as and numbered 9478 Carlisle Road, Diilsburg, Pennsylvania 17018, more parts y , described as follows, to wit: BEGINNING at a steal pin on the western rigght-of-wa~y line of PA Route 74 (L.R. 124) at a corner of Lott ; thence along said Lot the following tiro ~ courses and distances: S 61 degrees 13' 25" W 188.9 feet to a concrete marker, N 30 ~ degrees 28' 50" W 238-65 feet to a concrete marker; thence N 60 degrees 44' 55" E i Book 1'931 Pose 316 << ~ , . ~ • I MORTGAGE (Continued) Page 2 I 177.78 feet to a steel pin on the western right-of-~IVay Nna of PA Route 74 (L.R. 12{{44); thence along the western right-of-way IMe of said Road S 32 d sass 38' 40" E 24p.56 feet to a steel pin at a corner of Lot 1, the point and place of BE~tNNING. The Real Property or its address is commonly known as 9478 Carlisle Road, DiUsbu ,'PA 17019. The Reel Property parcel identification number is 49-000-MD-OOOb.00-Q000~.' CROSS-COLLATERALIZATION. In addition to the Note, this Mortgarge securer ail obligations, debts end Ifsbiipties, plus interest theroon, of Grantor to Lender, or any one ar more of them, as wall as all claims by Lander against Grlantor or any one or more of them, whether now existing or hereafter arising, whether rotated or unrelated to the purppse of the Note, whether voluntary or otherwise, whether due or not due, direct or indiroct, determined or undsterminsc;5, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whither obligated as guarantor, wroty, accommodation party or otherwise, end whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future lapses of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code Security interest In the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENT AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IS) PERFORMANCE OF ANY AND ALL 09LIGATIONS UNDER THE NOTE IN THE ORIGINAL PRMr1CIPAl AMOUNT OF 1120,000.00, THE 1 RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE s GIVEN AND ACCEPTED ON TFIE FOLLOWING TERMS: • PAYMENT AND PERFORMANCE. Except es otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform ail of Grantor's obiigationa'under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's poaseaelon and use 4f the Property shall be governed by the following proviatona: Possession and Uas. Until the occurrence of an Event of Default, Grantor may (1) remain in possessign and control of the Property; 12) use, operate or manage the Property; end 131 collect the Rents from the Property. .Duty ~ MaMtain. -Grantor shall maintain the-.Rroperty.ln tenantable-condition end promptly perform all nepafrs, _ _ _ replacements, end maintenance necessary to preserve its value. CompRancs Wkh Env4anmsntal Laws. Grantor roprosants end warrants to Lender that: 11) During they period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, diaposel, release or threatened rebase of any Hazardous Substance by any person on, under, about or from the I~roperty; 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, (e) any breach or oblation of any Environmental Lews, ib1 any use, generation, manufacture, storage, treatment, diaposel, release or threatened release of any Hazardous ubstance on, under, about or from the Property by erry prior owners or occupants of the Property, or (c) any ac uai or throatened litigation or claims of any kind by any person relating to such matters; end i3) Except as previously disclosed to and acknowledged by Lender In writing, ta) neither Grantor nor any tenant, contractor, went or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or roleaae anyi Hazardous Substance on, under, about or from the Property; and (bl any such activity shell be conducted In compliance wkh ail applicable federal, state, and local laws, regulations and ordinanoea, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make ouch inspecdonr and testa, et Grantor's expense, as Lender may deem appropriate to determine compliance'of the Property with this section of the Mortgage. Any inepactions or fasts made by Lender shall be for Lender's purposes only and shell not be construed to crests any responsibility or IiabHlty on the part of Lender tq Grantor or to any other person. The ropresentetiona and warrentles contained herein are based on Grantor's due piligence in investigating the Property for Hazardous Substances. Grantor hereby 111 releases and waives any futiure claims against Lender for indemnity or contribution in the event Grantor becomes fiable for cleanup or other ccpata under any such laws; and 12) agrees to indemnify, defend, and hold harmless Lender against any end ell claims, ioaees, liabilities, damages, penalties, and expenses which lender may directly or indirectly sustain or suffer re~auhing from a breech of this section of the Mortgage or as a consequence of any use, gsnsret'ron, manufacture, starsge, disposal, release or threatened release occurring prior to Grantor's owrership or interest in the Propertrtyy, whether or not the same was or ahoukf have been known to Grantor. Ths provbions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtsdneas and the satisfaction and reconveyance of the Ifen of this Mortgage end shell not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. i 1 Nubance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any I {I I i m_ ~ I I ( \ ~ ~ MORTGAGE (Continued) Page 3 stripping of or waste on or to the Property or any partlon of the Property. Whhout limiting the generality of the forogoing, 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. Removal of Improwmsnts. Grantor shell not demolish or remove any Improvements from the Reai Propelrty ~ without Lender's prior written consent. As a condition to the removal of any Improvements, Lander met require Grantor to make arrangemanta satisfactory to Lender to replace such Improvements with Improvements lof at least equal value. Lender's Right to Enter. Lender end Lender's agents and represantetivea may enter upon the Reel Property et all reasonable ttmas to attend to Lender's Interests end to inspect the Reai Property for purposes of Grentot's compliance with the terms and conditions of this Mortgage. ConrpNance wish Govemmarrtai Requiroments. Grantor shall promptly comply with all laws, ordinances,,and regu{ations, now or fiereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilitiaa Act. Grantor may contest in good faith any . such law, ordinance, or regulation and withhold compliance during any proceeding, including approprleto appeals, so long as Grantor has notified Lander in writing prior to doing so end sa long ea, in Lender's sole opinign, Lender's interests to the Property ere not jeopardized. Lender may require Grantor to post adequate security or a'surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do gll other acts, in addition to those acts set forth above in this section, which from the character end use of the Plroperty ere roasonably necessary to protect and proserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declePe Immediately due and payeale ell sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property dr any right, tttle ar interest in the Reei Property; whether legal, beneficial or equitable; whether volunUry or involuntary; Mrhether by outright sale, deed, inaWlment sale contract, land contract, contract for deed, leasehold ir>tereat with s terrr+ greeter than thra 13) yssn, lases-option contract, or by sale, assignment, or transfer of any banaficisl Interest in ors to my lend trust holding title to the Reel Property, or by any othermsthod of conveyance of an interest in the Rsal Prop~arty. However, this option shall not be exercised by Lender if such sxarcise is prohibited by federal law or by Pen~rsylvania law. ------fiAXES AND LIENS:--The-following-provisions relating to the taxeaand-Ilona-on the Property ere part of this IMortgaga: - Payment. Grantor shell pay when due (acrd in all evsn~ prior to delinquency) ell taxes, payroll taxes, special taxes, assessments, water charges end sewer sarvica charges levied against or on account of the Property, a shell pay ~ when due ail claims for work done on or for services rendered or material furnished to the Property. Grtantor shall maiMein the Property Nee of any hens having priority over or equal to the interest of Lender under this hAortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens apecificaliy agreed to inlwriting by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paregraph. Right to Corrt~t. Grantor may withhold payment of any tax, easeasment, or claim in connection with ~ good faith dispute over the obligation to pay, so long es Lender's interest in the Property is not jeopardized. If a I~en arises or is filed as a rasuk of nonpayment, Grantor shell within fifteen It 5) days after the lien arises or, if a Beni is filed, within fifteen 115) days after Grantor has notice of the filing, secure the discharge of the lien, or if reg4ested by Lender, deposit witfi Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any cost: and attorneys' fees, or other charges that could ccrue as e result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender anc~ahall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as sn additional obligee under any surety bond furnished in the contest proceedings. Evldsnos of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any tiMe a written statement of the taxes end assessments against the Property. Notke of Construction. Grantor shall notify lender at least fifteen (15) days before any work is commenced, any i services are furnished, or any materials ere supplied to the Property, if any mechanic's lien, materielmpn's lien, or ~ other lien could bs asserted on account of the work, services, or materials and the cost exceeds $5,00.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Wrantor 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 I Mortgage: Maintenance of Insurance. Grantor shall procure end maintain policies of fire insurance with standard extended i~ i _ _ ~ 1 - MORTGAGE (Continued) Pege 4 I i coverage endorsements on a replacement basis for the full insurable value covering ell Improvements on the Real Property fn an amount sufficient to avoid application of any coinsurance clause, and whh a standard morFgagee clause in favor of Lender. Grantor shall else procure and maintain comprehensive general ifabiliry inaurarice in such ~ coveroge amounts as Lender may request whh Lender being named as additional insureds in such Iiabtiity Insurance ~ policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, bWainess interruption and boiler insurance as lender may require. Policies shall be written by such tnauranca companies and in such form ea may be reasonably acceptable to Lender. Grantor shall deliver to lender certificates of dovsrege ~ from each insurer containing a stipulation that coverage will not be cancelled or diminished without a mimimum of thirty 130) days' prior written notice to Lender and not contalning any disclaimer of the insurer's Ileblllry for failure to give such notice. Each insurance policy also shall include en endorsement providing that coverage in favor of Lender wNl not be impaired in any way by any act, omission or default of Grantor or any other person. should the Real Property be located in en area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for, the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maxijnum policy limits cat under the National Flood Insurance Program, or es otherwise required by Lender, and to maintain such insurance for the term of the loan. AppNcatbn of Proceeds. Grantor shall promptly notify Lender of any lose or damage to the Property if tkre estimated cost of repair or replacement exceeds 56,000.00. Lender may make proof of loss if Grantor faits to do so within fifteen i1 b) days of the casualty. Whether or not Lender's security is impahed, Lender may, ak Lender's election, receive and retain the proceeds of any insurance end apply the proceeds to the reduction of thq 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 repelr or replace the damaged or de trcyed Improvemersta in a manner satisfactory to Lender. Lender ahaN, upon aatisfectory proof of such expend~turs, pay or reimburse Grantor from the proceeds for the ressonsbls cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their roceipt end which ~ Lender has not committed to the repelr or restoration of the Property shell be used brat to pay any amownt owing to Lsndsr under this Mortgage, then to pay accrued interest, end the romainder, if any, shalt be applied to the principal balance of the Indebtedn»ss. If Lender holds any proceeds after payment in full of the Indebtedness; such proceeds shall be paid to Grantor as Grantor's Mteresta may appear. CompNence with Existing Indebtedness. During the period in which any Existing Indebtedness descrtbslf below la in effect, compBance with the insurance provtabns comained in the instrument evidencing such Exlstin~ Indebtedness shall constitute compliance-with the insurance provisions under this Mortgage, to the extant - - - - - compltence with the terms of this Mortgage would constitute a duplication of insurance requirement. It any prooeeda from the Insurance become peyebb on loss, the provisions in this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If any action or proceeding fa commenced that would materially affect Lender's interest in the Property or ff Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness In good stan~IMg as required below, or to discharge or pay when due any amourtts Grantor is required to discharge or pay underlthis Mortgage or any Related Documents, Lender on Grantor's behalf may (but shell not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, et any time levied or placed on the Property and paying ell costs for inaurirpg, maintaining and preserving the Property. All such expendituros incurred or paid by Lender for such purposed will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of reprjymsnt by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be pe~able on demand; IB) be added to the balance of the Note and be apportioned among and be payable with any installiment payments to become due during either I1) the farm of any appilcable insurance policy; or 12) the remaining term of the Note; or (CI be treated es a balloon payment which will ba due and payable et the Note's maturity. Tlie Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Dafeult. Grantor's obligation to Lender for ell such expenses shall survive the entry of any mortgage foreclosure Judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this ~ Mortgage: Title. Grantor warrants that: (a) Grantor holds good end marketable title of record to the Property in flee simple, free and clear of all liens and encumbrances other then those set forth in the Reat Property descrlption''or in the i Existing Indebtedness section below or in any title insurance policy, this report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, end Ib) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. i Defense 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 I I • ~ , I . ~ , MORTGAGE (Continued? Page 5 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 Lender shall be entitled to', psrticipets in the proceeding end to bs represented in the proceeding by counsel of Lender's own choices and Grantor will deliver, or caws to bs deNvered, to Lender such instruments as Lender may request from tinhe to time to permit such participation. Compllanoe Wkh laws. Grantor warrants that the Property end Grantor's use of the Property complies writh all exlating applicable laws, ordinances, and reguletiona of governmental authorltias. Survlvai of Representations and Warrarrtisa. AU ropresantations, warranties, and agreemanta made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shell be continuing in nature, end shall I remain in full force and affect until such time as Grantor's Indebtedness shall ba paid in full. ~ EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness era a part of this Mortgage: ExiatMg Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any defauh on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such Indebtedness. No Modificetlon. Grantor shall not enter into any agreement whh the holder of any mortgage or other security agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without tfie prior written consent of Lender. CONDEMNATION. The following provi:Iona relating to condemnaton proceedings ere a part of this Mortgage: Proaeedinga. If any proceeding in condemnation is filed, Grantor shell promptly notify Lender fn wrking,, end 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 lender shall be enthled to participate in the proceedir~p end to be roproaented in the proceeding by counsel of iU own choice, and Grantor will da[iver or cause to bs dNi arsd to Lender such instruments and documentation as may ba requested by Lender from time to time to permit such participation. Appiicstk>rt of Net Proceeds. If all or any part of the Property le condemned by eminent domain procee inga or by any proceeding or purchase in lieu of condemnation, Lender may at its election require thst all or any rtfon of the - - net proceeds of the award be applied to the lndebtadneas or the repair or reatorstion of the Property. hs net proceada of the award shall mean the award after payment of all actual coats, expenses, end attorneys' fees incurred by Lander in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORRIES. The following provisions relating to govemmerrtal taxes, fees and charges are a part of this Mortgage: Currertt Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in additron to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's fen on the Real Property. Grantor shall reimburse Lender for ail taxes, as described below, together with all expe es incurred in recording, perfecting or corrtinuing this Mortgage, including whhout limitation ail taxes, fees', documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1} a specific tax upon this hype of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; i21 a specific tax on (Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this ~ype of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and 14} e specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by ,(Grantor. Subsequent Taxes. If any tax to which this section spplies is enacted subsequent to the data of this Mortgage, this event shall have the same effect as an Event of Default., and Lender may exercise any or all of its ~vailable remedies for an Event of Detauh es provided below unless Grantor either i1) pays the tax before it b~omea delinquent, or (2) contests the tax ea provided above in the Taxes and Liana section and deposits wit Lender i cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage aa''a security agreement era a part of this Mortgage: Securty Agreement. This Instrument shell constitute a Security Agreement to the extent any of the Property i conathutea fixtures, and Lender shall have all of the rights of a secured party under the Uniform Com ercial Code as amended from time to time. I Sacurhy Interest. Upon request by Lender, Grantor shell take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording thi's Mortgage i i I _ 1 ~ ' ~ MORTGAGE i (Continued) Pege 6 ' in the real property records, Lender may, at any time end without further euthorizeNon from Grantor, flle',executad counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for ail expensaa incurrod in perfecting or continuing this security interest. Upon default, Grantor shall Holt remove, sever or detach the Personal Property from the Property. Upon default, Grantor shell assemble any Personal Property not affixed to the Property in a manner and at a place rossonnbly convenient to Gror?tor and Lender and make h avatleble to Lender within three 13) days after receipt of written demand from Lender to the axteht permitted by applicable law. ' Addresses. Ths maNing addresses of Grantor (debtor) and Lander (secured party) from which InformaUan ~ concerning the security interest granted by this Mortgage may be obtained leach as required by the Unifprm Commercial Code) era ea stated on the first page of this Mortgage. FURTHER A83URANCE8; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations ere a part of this Mortgage: Further Assurances. At any lima, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, et such timsa and in such offices and places as Lender may deem appropriate, any end all such mortgages, deeds of trust, security deeds security agreements, financing statements, continuation statemerrta, instruments of further sasurance, certfficatts, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve 11) Grantor's obligations under the Note, this Mortgage, end the Related Documents, and (2) the Ilene and security interests created by this Mortgage on the Property, whether now owned or heroaftsr acquired by Grantor. Unless prohibited by law or Lender egress to the contrary in whiting, Grantor shall reimburse Lender for ell costa end expenses incurrod in connection with the matters referrbd to in this paragraph. Additkmai Aet?torizadons. If Grantor fails to do any of the things referred to in the proceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocsbly authorizes Lender to make, execute, deliver, file, record end do ail other things ae may be necessary or desirable, in Lender's sole opinion, to secompllsh the matters referred to in the preceding paragraph. It'is undaretood that nothing sat forth herein shall require Lender to take any such actions. FULL PERFORMANCE. N Grantor pays all the indebtedness when due, and otMrwise performs ail the obligajUona imposed upon Grantor under this Mortgage, Lender shell execute end deliver to Grantor a suitable satisfactidn of this Mortgage and suitable statements of terrr?ination of-eny financing atstemint on file evidencing Lender'a security interest in the Reno and the Personal Property. Grantor will pay, ff permtted by applicable law, any reasonable termination fee as determined by Lender 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 Defauh. Grantor fails to make any payment when due under the Indebtedness. Defiuk on Other Paymsrrts. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Otfier Defaults. Grantor fells 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 pertorm any tertln, obNgation, covenant or condition contained in any other agreement between Lender and Grantor. Dsfsuh in Favor of Third Parties. Should Grantor default under any Icon, eMension of credit, secur'tty agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may rnateriaily affect any of Grantor's property or Grantor's ability to repay the indebtedness or Grantor's ability to pertorm Grantor's obligations under this Mortgage or any raiated document. False 8tatemerrts. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective CoNaterelization. This Mortgage or any of the Related Documents ceases to be in full force end effect (including failure of any collateral document to create a valid end perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any esaignment 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 Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether iAy judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency _ _ _ _ _ .__T~.. , ~ _ _ ,_T _ _ _ _ ~ ~ ~ ~ ~ ~ MORTGAGE I (Continued) Psge 7 against any property securing the Indebtedness. This includes a gamiahmsnt of any of Grantor's accounts, including depoak accounts, wkh Lander. However, this Event of Defsult shall not spply if there is a good faith dispute by Grantor as to the validity or roaaonableness of the claim which is the basis of the credkor or forfeiture proceeding and if Grantor gives Lander written notice of the creditor or forfeiture proceeding and deposk$ with Lender monies or a surety bond for the creditor or forfeiture proceeding, in en amount determined by Lendder, in its sole discretion, es being an adequate reserve or bond for the dispute. Existing Irxlabbsdnaas. The payment of any installment of principal or any interost on the Existing Indebtedness is not made wkhin the time required by the promissory note evidencing such indebtedness, or a defauk ocours under the instrument securing such indebtedness and is not cured during any applicable grace period in such Instrument, or any suit or other action la commenced to foreclose any existing Ran on the Property. Brsaah of Oti+ar Agreamer?t. Any breach by Grantor under the terms of any other agreement between Gtentor and Lender that ie not remedied within any grace period provided therein, including without limitation any agrlaement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later, Events Affecting Qusrantor. Any of the preceding events occurs wkh respect to any guarantor, endoree~r, surety, or accommodation party of any of the Indebtedness or any gusrantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the vafidky of, or IlsbiRty under, any Guaranty of the Indebtedrs~ss. in the event of a death, Lender, at its option, may, but shell not be required to, permit th¢ guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satigtectory to Lender, and, in doing so, cure any Event of Detault. Adwrsa Change. A materiel adverse change occurs in Grantor's financisl condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Curo. If any default, other then a default In payment is curable and if Grsntor has not been glvgn a notice of a breech of the same provision of this Mortgage within tM procedtng twelve i12) months, it may be oured if Grsntor, after receiving written notice from Lender demanding cure of such default: 11) cures the dsfaWk wkhin thirty 130) dsys; or 121 if the cure requlros more than thirty (30) days, immedfaUly initiates steps whfclh Lender deems in Lender's solo discretion to be sufficient to cure the defauk and theroafter continues end comp etee ell roasonabls and necessary steps sufficient to produce compliance ea soon ss reasonably practical _ - - - - y g 9 _ fker, Lender, atGlenderA's option,Emay eOxer cseFan Lonee o~moro of the followin q rj Eht nand emedias~ naeddlt onnto enyr other rights or ~ - remedisa provided by taw: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required'by applicable law, to declare the entire Indebtedness Immediately due and payable. UCC Rernedles. 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 Ranh. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpoid, and apply the net proceeds, over end above Lender's costa, against the Indebtedness. In furtherance of thiiz right, Lender may require any tenant or other user of the Property to make psymenta of rant or use fees dirsq'tly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endoroe ins~rumants received in payment thereof in the name of Grantor and to negotiate the same and collect the proceedsi. Payments by tansnts or ether usero to Lender In response to Lender's demand shall satisfy the obNgations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights ' under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. lender shall have the right to have a receiver appointed to take possession of all or pny pert of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or j sale, and to collect the Rents from the Property and apply the proceeds, over end above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceed: the indebtedness by a substantial amount. Employment by Lender shell not disqualify s person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in ell 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 end all persons claiming under or through Lender, to sign an agreement for entering in any dompetent it _ T~ a _ _ _ _ _ _ _ _ _ ~ ~ ~ r_ _ _r_ _ T A..z. 1 ' / • 1 MORTGAGE (Continued) Page s court en amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, end against all persons claiming under or through GreMOr, 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, shell be a sufficient warrant; end thereupon a writ of possession may be issued fortjtwith, without any prior writ or proceeding whatsoever. ' Norrjudioial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in ell or In any pert of the Personal Property or the Reel Property by non-judicial sale. i Deficiency JudgrrrsM. Lender may obtain a Judgment for any deficiency remaining in the Indebtedness dlie to j Lender after application of all amounts received from the exercise of the rights provided in this section. i Tsramcy at Sufferance. It Grantor remains in posaesalon of the Property after the Property is sold as provided show or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant et sufferance of Lender or the purchaser of the Property end shall, at Lender's optfan, ~fther I t } pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies. Lender shall have ell other rights and remedies provided in this Mortgage or the Note 4r evaiiable 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 end remedies, Lender shall be free to sell all or any part, of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on ell or any portion of the Property. Notioe of Sale. Lender shell give Grantor reasonable notice of the time and place of any public sale of tie Personal Property or of the time after which any privets sale or other intended disposition of the Personal Properly ie to be made. Unless otherwise required by applicable law, reasonable notice shell mean notice given et least den (101 days before the time of the sale or diapositon. Any sale of the Personal Property may be made in conjunction with any eels of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shah not exclude pursuit of any other r medy, and an election to make expenditures or to take action to perform an obggetion of Grantor under this Mortg~ige, after Grantor's failure to perform, shall not affect Lender's right to declare a default end exercise its rsmedie~ Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rl hts and rem es a _ _ _ . . _ _ 9 liable to Lender foflowl an Ewnt of Default, or in en wa to limit or restrict the ri fits and ability of Lender to eed against directly against Grantor and/or against any other co-maker, guarantor, surety or endorser andlor to prod proceed any other coNatarat directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable es attorneys' fees atl,trial end upon any appeal. Whether or not any court action is involved, and to the extant not prohibited by law,',all reasonable expenses lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of !ts rights shell become a part of the Indebtedness payable on demand anjd shell bear interest at the Nota rate from the date of the expenditure until repaid. Expenses covered by this paregtaph include, without limitation, however subject to any limits under applicable law, Lendsr'a attorneys' fees end Larder's legal expenses, whether or qot there is a {ewsuit; including attorneys' fees end expenses for bankruptcy piopeedings (including efforts to modify or vacate any automatic stay or injunction}, appeals, end any anticipated p¢st-judgment collection services, the cost of searchMg records, obtaining title reports (including foreclosure reportsl,j surveyors' reports, and appraisal fees and title Insurance, to the extern permitted by applicable law. Grantor also (will pay any court costs, in addition to all other sums provided by law. NOTICES. Unlosa otherwise provided by applicable Isw, any notice required to be given under this Mortgeg~e shell be given In writing, end shall be affective when actually delivered, when actually roceived by talefacsimils (unl6as otherwise required by law}, when deposited with a nationally recognized overnight courier, or, if mailed, w n deposited in the United States mail, as that class, certified or registered mail postage prepaid, directed to the address a shown near the beginning of this Mortgage. Ali copies of notices of foreclosure from the holder of any Ilan which ~ea priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may l change its address for notices under this Mortgage by giving formal written notice to the other parties, ape~itying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is imore than i one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous proviaiona are a pen of this Mortgage: Amendmsr>ts. This Mortgage, together with any Related Documents, constitutes the entire understenkiing and ~ agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this ~ T _ ~ T~ _ _ ~ ~ T I MORTGAGE I (Continued) Page s Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the akeretion or amendment. Annual Reports. If the Property la used for purposes other then Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating Income rocetwd from the Property during Grantor's provious fiscal year in such form end detail as Lender shall roquire. "Net operating income' shall mean qll cash receipts from the Property leas all cash expenditures made in connection with the operation of the Propelrty. Arbhration. Grantor and Lsndsr agree that a9 disputes, claims and cornrownNs between them vvhethe~ individual, joint, or class in nature, srking from this Mortgage or otherwise, including witfwut Urnitation coiwact artd tort disputes, shah be arbitragdd pureuarrt to the Rules of the Anarkan Arbibs?tbn Association in effect st ~ tYns the claim is fUed, upon reque+t of either pe?ty. No act to take or dbpose of any Property shall constitute a ~vaiwr of this arbkretion a~semant or be prohibited by this a?bkration aorssment. Thk includes, without itrnihtio~, obtaining k+Junctiw relief or a temporary restrakdrrg ordw; invoking s power of sale under any deed of trlust or mort9aos: obtaining • writ of attachment or imposidon of a recehar, or exerobkg any rights relating to rwnal property, inclut6ny takMg ~ dbposing of such property wkh ar without judkslel process pursuerrt to A 9 of the Uniform Commercial Code. Any dhputes, dairra, or controwrsiss concerdrq tta lawfulness or rasa rasa of arry act, or sxarcke of any right, concerning any Property, including any clekn to rescind, reform, or rwise modify my eyrNnarrt relating to the Property, shah ebo be arbitraged, provided howwer that no err shall haw tM right or the power to anjok~ or rostroin srry act of any party. Judgment open any award rends by any arbitrator rney be Mlersd in srny court having Jurisdiction. Nothh~g in this Mor~epe shall preclude any from sakiny equitable roNet from a court of comperint jurisdknion. The statute of Rmitetions, ettoppal, veal r, lachea, end sknNsr doctrtras which would otherwise be applicable In en ectlon brought by • party shall be ~ any arbitration proceedng, end its oammenc~neM of an erbkretlon pnsceadhq shah ba eMemed tM nwmsnt of an ectlon for these purposes. The Federal Arbib~etion Act aheN apply to the construction, interpretation; and enforcerrant of thh erbftretlon provlsbn. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and ere not to,be used to Interprot or define the proviaiona of this Mortgage. Gowmktg Lew. This Mortgage wiN bs governed by federal law applicable to Lender and, to tla extant jrot proempted by federal law, tM laws of tla Commonwalth of Perauyhna+ia without regard to ib confli of law provbbns. Thb Mortgage has been accepted by Lender in tie Comnanweelth of Pennsylvania. _ _ Choke of Venw, If thsre.ls a lawsuit, Grantor agrees upon Lender's requsat to submit to the Jurisdiction of the _ _ _ courts of Cumberland County, Commonweakh of P~nnsylvenia. Joint end Sewrol LiebUity. All obligations of Grantor under this Mortgage shall be Joint and several, and ail references to Grantor shall rraan each and every Grantor. This means that each Grantor signing below is respons[ble for ell obligations in this Mortgage. No Waiver by Lender. lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing end signed by Lender. No delay or omission on the pert of Lender in exercislrag any right shall operate as a waiver of such right or any other right. A waiver by Lander of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance wkh that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lelndsr end Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any ',future trensactlons. Whenever the consent of Lender is required under this Mortgage, the granting of such c~naent by Lender in any instance shall not consttute continuing consent to subsequent instances where such corbsent is required and in ail cases such consent may be granted or withheld in the sole discretion of Lender. SevsrebUity. if a court of competent jurisdictton finds any provision of this Mortgage to be itlegal, invalid, or unenforceable as to any parson or circumstance, that finding shall not make the offending provision Nl el, invalid, or unenforceable sa to any other person or circumstance. If feasible, the offending provision shall be onsidered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modi~ad, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, br unenforceabii"nY of any provision of this Mortgage shell not affect the legality, validity or enforceability !of any other provision of this Mortgage. ~ Merger. Thera shall be no merger of the interest or estate created by this Mortgage with any other interest or ' estate in the Property at any time held by or for the benefit of Lander in any capacity, without the writlten consent ~ of Lander. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's hAirs, personal representatives, successors, and assigns, end shall be enforceable by Lender and Its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or I 1 I I , 1 1 ~ MORTGAGE j (Continued} Page ~o ~ courrterclairn brought by any party against any other party. DEFINITIONS. The following capitalized words and tents shall have the following meanings when wad in this Mortgage. Unlsa spacificaily stated to the contrery, ail references to dollar amounts shall mean amounts in I~wful money of the United States of America. Words end terms used in the sfnguler shall Include the plural, end tht} plural shall include the singular, u the context may require. Words end terms not otherwise defned in this Mortgage shall have the meanings attributed to such terms in the Unfform Commercial Code: Borrower. The word "Borrower" means Rollace E. Hawtess end Barbara A. Heustesa end includes all cosigners and co-makers signing the Note and ell their successors and assigns. Defsuh. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". i Envhonmental Laws. The words 'Environrttental Laws" mean any and all stele, federal and local statutes, {I regulattons and ordinances relating to tfie protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1880, as emended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments end Reauthorization Act of 19881, Pub. L. ~ No. 99-489 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, ar regulations adopted pursuant thereto. Event of Defauk. 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. Exbting Indebtsdrwss. The words "Existing Indebtedness' mean the indebtedness described in the Existing Liens provieicn of this Mortgage. , Grantor. The word "Grantor" means Rollace E. Heuatess end Barbara A. Heusteas. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or eccommodetibn party to Lender, including without limketlon a guaranty of ail or part of the Note. Hazardow Substances. The words "Hszardow Substances" mean materials that, because of their quer}tity, concermation or physical, chemical or infectiow characteristics, may cause or pose a present or poterrt~al hazard to human health or the environment when improperly wed, treated, stored, disposed of, generated, marbufactured, transported or otherwise handled. The words "Hazardous Substances" are wed in their very broadest #snse end ~ _ . _ _ _ - .include without. limitation. any..and ell hazafdow or toxic aubstanc®e, materials or waste as defined by or Dated under the Environmental Lswa. The term "Hazardow Substances' also includes, without limitation, petiroleum and _ pstrokum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing end future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements end other construction on the Real Property. lndsbtadneas. The word "Indebtedness" means all principal, interest, and other amounts, costs and ax~enses payable under the Note or Related Documents, together with ell renewals of, extensions of, modificatlo of, corwolidatibns of end substitutions for the Note or Related Documents end any amounts expanded or aQlvanced by Lender to discharge Grantor's obligations or expanses incurced by Lender to enforce Grantor's obligatio under this MQrtgaga, together with interest on such amounts as provided in this Mortgage. Specifically, with ut limhation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Colleterelizatipn provision of this Mortgage. Lender. The word "Lender" means Members 1st Federal Credit union, its successors and assigns. Mortgage. The ward "Mortgage" means this Mortgage between Grantor and Lender. Noss. The word "Note" means the promissory note dated September 28, 2007, in the original principal ~ amount of ~ 120,000.00 from Grantor to Lender, together with ell renewals of, extensions of, m~dfficetions of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The me~urity date of the Note is October 16, 2017. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST.. RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Rsel Property; ` together with ell accessions, parts, and additions to, ell rsplecementa of, and all substitutions for, any 'of such I property; and together with all proceeds (including without limtation ell Insurance proceeds and refund's of premiums) from any sate or other disposition of the Property. Property. The word "Property" means collectively the Reai Property and the Personal Property. Reel Property. The words "Real Property" mean the real property, interests and rights, es further described in this Mortgage. q ~ I e . ' I MORTGAGE j (Continued) Page 11 Related Docunwrrts. The words "Related Documents" mean all promissory notes, credit agreemenu, login agreements, snvironmentel agreements, gusranties, sacurtty agreements, mortgages, deeds of taut, sadurity deeds, collateral mortgages, and ail other instruments, agreements and documents, whether now or herAsfter ~ existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all prossnt and future ronta, revenues, Income, issues, royalties, profit, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISK)NS OF THIS MORTGAGE, AND EACW GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS MORTGAGE IS AND SHALL COhISTiTUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: eustsss sal) a eustess CERTIFICATE OF RESIDENCE _ _ _ _ ....I hereby certify, that the precise address of the mortgagee,. Members 1st Federal Cndiit Union, herein i ea flollowa: ATTN: SrnaH Business Lending, 5000 Louise Drive, Mechanicsburg, P omey or Agent for Mortgagbe INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) a ) SS COUNTY OF ~~~~FJk.li ~ ) I Op this, the day of ~~.1'Y~fyK./ 20 before me ,the undereigned Notary Public, pereonally appeared RoNace E. Weus~ess and Barber . Heustess, known to me for satisfactorily proven) to be the person whose names are subscribedito the within instrument, and acknowledged that they executed the same for the purposes therein contained. In vuitness wlwreof, 1 hereu~o set my hand end el. COMMONWEALTH OF PENNSYLVANIA S~ Notary Public in and for the State of Laura L Hoke, Notary Pubik: Lipper AINn Twp., Qatleeriand Camty My Carrirt~ion E>~gea Jan. 25, 2011 Member, Pennsylvania Assoolatbn of NotaMs i e ~ ^1` YORK COUNTYRECORDER OFDEEDS ` ~ 28 EAST ~T STREET ~ ; ~ YORK, PA 1701 ~ ~ Randi L. Reisinger -Recorder ~ ~ Gloria A. Fleming -Deputy . . Instrument Number - 2007081728 Book -1931 Starting Page - 316 Recorded On 11/1/2007 At 1:43:04 PM * Totai Pages -12 * Instrument Type -MORTGAGE Invoice Number - 733121 • * Grantor - HEUSTESS, ROLLACE E * Graatee -MEMBERS 1ST FEDERAL CREDIT UNION User - PAM * Received By: MAIL * Customer -MEMBERS 1ST FEDERAL CREDIT UNION * Fg,Eg PARCEL IDENTIFICATION NUMBFJR STl?TE 1RRIT TAX $0.50 49000MD00050000000 JCS JA,GCESS TO JfJ3TICE $10.00 Total Parcels: l RECORDING FEES $27.00 A!'FORDASLE HOUSING $11.50 PIN NtA188R FEES $2.00 COVNTY ARCHIVES FEE $2.00 ROD ARCHIV83 FEE $3.00 _ - - -TOTAL PAID ------...._$56-.00 _ _ _ _ - _ I Certify This Doclitment To Recorded In York qty, Pa. a• ~ k I i THIS IS A CERTIFICATION PAGE PLEASE DO NOT DETAChT THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT * -Information denoted by an asterisk may chanYe during the verification process and may not be reflected on !this page. Book: 1931 Page: 327 { I _ - EXHIBIT "K" ~ ~ T _ _ _ _ I _ _ ~ ~ , e 2 CRE ~T AGREEMENT AND DISCLC~ URE _ z. ~ . ~ .vn..~...~.::u.: ~ M , d„ ~ Referonces in the shaded area ere for Lender's use only and do not limit the applicability of this document to any partldular loan or its An item above containing " • • has been omitted due to text length limitations. Borrower: RoAaw E. Heustess Lender: Members 1st Federal Credit Union Barbara A. Heuaesa ATTN: Bmall Business Lending 237 Ridge Hill Rd. 5000 Louise Drive j Mechanicsburg, PA 17050 Mechaniosburg, PA 17065 I CREDIT LIMIT: 875"000.00 DATE OF AGREEMENT: Stbptember 28, 2007 i Irmoduction. This Credit Agreement and Disclosure ("Agreement") governs Borrower's Tine of credit (the "Credit Lina" or the "Credit Lin Account") issued through Members tat Federal Credit Union. Borrower egress to the following terms end conditions: Promise to Psy. Borrower promises to pay Members 1st Federal Credit Union, or order, the total of all credit advances arhd FINANCE C RGES together with all costs and expenses for which Borrower is responsible under this Agreement or under the "Mortgage" which secures Borrower's Credit Line. Borrower will pay Borrower's Credit Line according to the payment forma set forth below. If there is more than ne Borrower, saoh is jointly end sewrady IiabN on tfiis Agreement. This means Lender can require any Borrower to pay aN sirrtouMs due un r this Agreement, Including credk advances made to any Borrower. Each Borrower authorizes any alter Borrower, on his or hqr signature aloe , to cancel the Credit Line, to request and rocelve oredit advances, and to do ~ outer things necessary to carry out the termtt of this Agreem nt. Lender can release any Borrower from respons~iNty under this Agrsemertt, and the others w51 remain responsible. Term. The term of Borrower's Credit line will begin as of the date of this Agreement 1"Opening Date") and will continue) until Septembe 28, 2010 ("Maturity Date"1. All indebtedness under this Agreement, if not already paid pursuant to the payment provisions tpeiow, wilt be d e and payable upon maturity. The draw period of Borrower's Credit line will begin on a date, after the Opening Date, when fhb Agreement is accepted by Lender in the Commonwealth of Pennaylvanie, following the perfection cf the Mortgage, and the meeting ofltll of lender's they conditions. Borrower may obtain credit advances during this period ("Drew Period"). Borrower agrees that Lender may renew or extend the period during which Borrower may obtain credit advances or make payments. Borrower further agrees that Lander may renew or extend Borcower's Credit Line Account. Minimum Peymertt. Borrower's "Regular Payment" will equal the amount of Borrower's accrued FINANCE CHARGES or 150.00, whiche er is greeter. Borrower will malts 35 of these peymenta. Borrower will then be required to pay the entire balance owing in a single balloon p yment. If Borrower makes only the minimum payments, Borrower may not ropey any of the principal balance by the end of thin payment stream. Borrower's peymenta wilt be due monthly. An Increase in the ANNUAL PERCENTAGE RATE may Increase the amount ol` Borrower's Re ular Payment. in any event, It Borrower's Credit Line balance falls below 1250.00, Borrower agrees to pay Borrower's balance in full. Borrower agree to pay not less than the Minimum Payment on or before the due date. BaNoen Payment. Borrower's Credit line Account ie payable in full upon maturity In a single balloon payment. Borrowed must pay the a fire outstanding principal, interest end any other charges then due. Unless otherwise nquked by appNoebis law, Lender is ujuler no obNgetl n to rsfirtanrse the baNoon payment at that time. Borrower may be required to make payrrrortts out of other assets Borrower owns or find a der, which may be Lender, wWng to Isnd Borrower the money. if Borrower refinertces tta bMbon, Borrower may have to poly some or ell of e closing coats normally associated with a new crsdk Tine account, even if Borrower obtains refinancing from Lender. How Borrower's Peyrrtatts Are AppBed. Unless otherwise agreed or required by applicable law, payments end other crerllta will be app) d first to late charges and other charges; then to any amounts that exceed Borrower's Credit Limit; then to any voluntary credit life and disabill y insurance premiums; then to Finance Charges; and then to unpaid principal. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Seventy-five Thousand & 00/100 Dollars (875,000.00!, which will be Borrower's "Credft Limit" under this Agreement. Borrower may borrow against the Credit I',.ine, repay any onion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Borrower's Credit Limit is the maximum amount Borrows may have outstanding at any one time. Borrower agrees not to attempt, regwst, or obtain a credit advance that will make Borrower's Credi Line Account balance exceed Borrower's Credit Limit. Borrower's Credit Limit will not be Increased should Borrower overdrelw Borrower's C edit Line Account. If Borrower exceeds Borrower's Credit Limit, Borcower agrees to repay immediately the amount by which Borcower's Cr it Line Account exceeds Borcower's Credit Umit. Any amount greeter than the Credit Limit will be secured by the security agreement covering Borrower's property. Charges to eorrow®r's Crodh Lirte. Lender may charge Borrower's Credit Line to pay other fees and coats that Borrowelr is obligated to ay under this Agreement, the Mortgage or any other document related to Borrower's Credit Line. in eddkion, Lender may Charge Borrower s Credit Line for funds required for continuing insurance coverage as described in the paragraph titled "Inaurence" below or as described in the ortgege ' for this transaction. Lender may also, at Lender's option, charge Borrower's Credit Line to pay any costs or expenses td protect or perf ct lender's security interest in Borrower's property. Thane costs or expenses include, without limitation, payments to curb defauks under any existing liana on Borrower's property. If Borrower does not pay Borrower's property texas, Lender may charge 8orrowdr's Credit Line a d pay the delinquent taxes. Any amount so charged to Borrower's Credit Line will be a credit advance and will decrease the funds available, i any, under the Credit Line. However, Lender has no obligation to provide any of the credit advances roferred to in this pereglreph. Effectlvs Disbursement Date. The words "Effective Disbursement Date" es used in this Agreement mean a date, after the Opening Dat ,when the Agreement is accepted by Lender in the Commonwealth of Pannsyivania following the perfection of Lender's security agreements a d the meeting of all of Lender's other conditions. Borrower agrees and underatanda that Borrower may not receive any credit advance under Borrower's Credit Line until after the Effective Disbursement Date of this Agreement. Credit Advances. After the Effective Disbursement Dete of this Agreement, Borrower may obtain credit advances under Borrower's Cr lit Line as follows: Telephone Request. Requesting a credit advance from Borrower's Credit Line to be applied to Borrower's designaroed account by t lephane. Except for transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, Borrower acknowledges and Borrower egress that Lender doss not accept responsibility for the authsrriicity of telepho e j instructions and that Lender will not be liable for any loss, expense, or cost arising ovt of any telephone request, Mcluding any fro dulent or ~ unauthorized telephone request, when acting upon such instructions believed to be genuine. Requests By Mail. Requesting an advance by mail. _ _ ! , ~ ~ , , C~ D1T AGREEMENT AND DISCLOS E Loan No: (Continued) gage 2 Requests in Parson. Requesting a credit advance in person at any of Lender's authorized locations. if there is more then one person authorized to use this Credit Line Account, Borrower agrees not to give Lender conflicting instructions, uch as one Borrower telling Lender not to give advances to the other. Transaction RequiromerKS. The following transaction tlmitetions will apply to the use of Borrower's Credit Line: 1 Request 8y MaM, In Parson Regwst and Telephone Request Limitations. There era no transaction Iimitetlona for requesting en adva ce by mail, requesting en advance in person or requesting en advance by telephone. Futws Crodh Lim Services. Borrower's application for this Credit Line also serves as a request to receive any new servi~Ces (such as ac ass devices) which may be available et some future time as one of Lender's services in connection with this Credit Line. Bolrowar understa ds that this request ie voluntary and that Borrower may refuse any of these new services et the time they ere offered. Borcowefi further underst nds that the farms end conditions of thle Agreement, together with any specific terms covering the new service, will govern',eny transaction made pursuant to any of these new services. Collateral. Borrower acknowledges this Agreement is secured by the following collateral described in the security instrument listed here : an Open-End Mortgage dated September 28, 2007, to Lender on real property located in York County, Commonwealth of Plannsylvania. Insurance. Borrower must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to L~ndar. Borrows may obtain property insurance through any company of Borrower's choice that is reasonably satisfactory to Lender. Borcowelr has the option of providing arty Insurance required under this Agreement through an existing policy or a poNcy independently obtained andlpaid for by Borr war, subject to Lender's right, for reasonable cause before credh is extended, to declim any insurance provided by Borrower.' Subject to app icabie law, if Borrower fails to obtain or maintain insurance as required in the Mortgage, lender may purchase insurance to protect Lender's o n interest, add the premium to Borrower's balance, declare the loan in default, or do any one or more of these things. j Statutory Lien. Borrower agrees that all credit advances Borrower receives under the plan are secured by all shares and', depoalts in all j Int and individual accounts Borrower has whh Lender now end in the future. Borrower authorizes Lender to apply the balance irl these account to pay any amounts due under this Agreement when Borrower fa in default under this Agreement. Shares and deposits in an lrrdividual Retire nt Account end any other account that would lose special tax treatment under state or federal law if given as security ere shot subject to th security Interest Borrower has given in Borrower's shares end deposits. When FINANCE CHARGES Begin to Aocrw. Periodic FINANCE CHARGES for credit advances under Borrower's Credit 4ine will begin to accrue on the date credit advances an posted to Borrower's Credit Line. There is no "free ride period" which would allow Borrower to avoid a FINANCE CHARGE on Borrower's Credit Une credit advances. Method Used to Determine the Bahnce on Which the FINANCE CHARGE WMl Be Computed. A monthly FINANCE CHAR~CiE will be impo ed on ell credit advances made under Borcower's Credit Line imposed from the date of each credit sdvsnce bapd on the "ave¢sge dsfly balsn " method. Ta get tM awroga daily balance, Lender takes the beginning balance of Borrower's Credh Line Account each flay, add any ne advances and subtract any payments or credits. This gives Lender a deity balance. Then, Lender adds up ail the daily balances for the statement cycle and divides the total by the number of days In the statement cycle. This gives Lender the "avsroge daily balance." Method of De°terrn6~ing tM Amount of FINANCE CHARGE. Any FINANCE CHARGE la determimd by applying the montFlly "Perladic Rat " to the balance described herein. This is Borrower's FINANCE CHARGE celculeted by applying a Periodic Rate. Borrower also agrees to pay FINANCE CHARGES, not calculated by applying a Periodic Rate, es set forth below: Mk~imum FINANCE CHARGE. In any event, including payment of the Credit Line balance in full, Borrower may hav8 to pay a Mini um FINANCE CHARGE of 50.50. This fee wiU be charged as follows: Monthly. Annual Review Fes. At the time of an annual review of Borrower's Credit Line Account Borrower will be charged el fee as follows: 0.00. Periodic Rate and Corcesponding ANNUAL PERCENTAGE RATE. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RAT on Borrower's Credit Line are subject to change from time to time based on changes in en Index which is Lender's Prime Rite {the "Index" . This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. his rate may or ay not be the lowest rate available from lender at any given time. The ANNUAL PERCENTAGE RATE on Borrower's Credit Lime is based upon the Index and the margin described below ("Margin'). ' The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on Borrower's Credit Line will increase or decre sa as the Index increases or decreases from time to time. Lender will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE sa follows: Lender starts with the currant Index and then adds a certain Margin as disclosed below. To determine the Per odic Rata that ill apply to Borrower's acoount, Lender adds a margin to the value of the Index, than divides the value by 12 (monthly). To obt in the ANNUAL PERCENTAGE RATE Lender muRiplbs the Periodic Rate by 12 {monthly?. This resuk is the ANNUAL PERCENTAGE RAVE. In no event ill the corresponding ANNUAL PERCENTAGE RATE be leas than 3.000% per annum or more than the lesser of 18.00096 or file maximum rat allowed by applicable law. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting fronh changes in th Index will take effect the first business day after a payment is made following a change in interost rates. Notwithstanding th@ above proviaio s, the maximum increase or decrease in the interest refs et any one lima on this loan will not exceed 3.000 percentage pcints~. Today the Ind xis ~ 8.250% per annum, and therefore the initial ANNUAL PERCENTAGE RATE end the corresponding Periodic Rete on Borcnwer's Credit Li a are as stated below; Current Rates for the First Payment Stream Range of Balance Margin Added ANNUAL PERCENTAGE Monthly Periodic or Conditions to Index RATE Rste All Balances 1.000% 9.250% 0.77063% Notwithstanding any other provialon of this Agreement, Lender will not charge interest on any undisbursed loan proceedFs. ' Forgo Rste Increases. If we forgo en ANNUAL PERCENTAGE RATE Increase, et the time of a later adjustment we may,return to the ful Index value plus margin. Conditions Under Which Other Charges May Be Imposed. Borrower agrees to pay ail the other fees end charges related to Borrower's redit ~ Line as set forth below: , ~ Fee to Stop Payment. Borrower's Credit Line Account may be charged $30.00 when Borrower requests a stop payment on Borro Br's account. 1 ~ , I ' " C~ DIT AGREEMENT AND DiSCLO9 E Loan No: (Continued) age 3 Late Charge. In addition to Lender's rights upon default, Borrower's payment will bs late if ft is not received by Lsnc(er within 15 ds s eftar ! the "Payment Dw Dats" shown on the voucher Borrower receives with each credit sdvence. if Borrower's payment is late Lender ey 1 charge Borrower 5.00096 of the unpaid amount of the payment or 82b.00, whichever la greeter. Lion Release Fses. In addition to ell other charges, Borrower agrees, to the extent not prohibited by law, to pay all governmental fe for release of l.ander's security interests in collateral securing Borrower's Credit Line. Borrower will pay these fees at the time the Ilan r liens ! era released. The estimated amount of these future Ilan release fees is !76.00. Security Interest Charges. Borrower agrees to pay ell security interest charges related to Borrower's Credit Line as Set forth below: Loan Document Fee 8275.00 York County Recorder of Deeds 882.50 ~ Total 8357.50 Right to Credit Advances. After the Effective Disbursement Date, Lender will honor Borrower's requests for credit advances up to Borro er's ! Credit Limit so long as: lA) Borrower is not in default under the terms of this Agroemant; (63 this Agreement has not I#een terminated r suspended; end ICI Borrower's Credit Line has not been cancelled ea prov)dad above In the section of this Agreement titled "Term." ~ Default. Lender may declare Borrower to be in default if any one or more of the following events occur: (A) Borrower fpis to pay a Min mum Payment when due; (B) an event of defauk occurs under the security agreement for the Property; (C) the Property is further encumbe din any way, voluntarily or Involuntarily; lD) Borrower dies; (E) Borrower makes any false or misleading statements on Borrower's Credit ne applicat[on; (F) Borrower violates any provision of this Agreement or any other agreement with lender; (G) any garnishment, attachm nt, or execution is issued against any material asset owned by Borrower; (HI Borrower exceeds Borrower's Credit Limit; U) ~orrower files fo bankruptcy or other Insolvency relief, or en involuntary petition under the provisions of the Bankruptcy Code is filed against Borrower, lJ Lender in good faith believes kaelf insecure. Lender's Rights. If Borrower is in default, Lender will send notice to Borrower setting forth a time period of at Isast thirtN (30) days with n which such default may ba cured. During this cure period, without notice, Lender may suspend Borrower's Credit Line ~s provided bolo If such default is not cured during this perbd, Lender may either terminate or continue suspension of Borrower's Credit Line Account. Suspsnsbn. If Lender suspends Borrower's Credit Line, Borrower will lose the right to obtain further credit advencgs. However, all other terms of this Agreement will remain in effect end be binding upon Borrower, including 8orcower'e 1labilhy for any fulrther unauthoriz d use of any Credit line access devices. Termination. If Lender terminates Borrower's Credit Line, Borrower's Credit Line will be suspended and the entire unpaid balance o Borrower's Credh Line Account will ba immediately due end payable, without prior notice except ea may be requital! by law, and B mower ~ agrees to pay that amount plus all FINANCE CHARGES end other amounts due under this Agreement. CaNeoNon Costs. Lender may hire or pay someone etas to help collect this Agrwment ff Borrower does not pay. B~rrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lander'a attorneys' fees end Lsndar's legal xpensea, what er ar not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (Including efforts to modify ok vacate any au matic stay or Injunction), and appeals. If not prohibited by applicable law, Borrower sieo will pay any court costs, in addition to all other ums provided by law. Rate Increase. In addition to Lender's other rights on default, Lender may increase the variable interest rate under !:his Agreement 15.000 percent per annum. The interest rate will not exceed the maximum rate permitted by applicable law. If Lender does not in rases the interest rate on default, it will continue at the variable rate in effect as of the date Lender declares a detault. Delay in Enforcemsrrt. Lender may delay or waive the enforcement of any of Lender's rights under this Agreement without toeing that r' ht or any other right. If Lender delays or waives any of Lender's rights, Lender may enforce that right at any time in the future without adva e notice. For example, not terminating Borrower's account for non-payment will not be a waiver of Lender's right to terminate Borrower' account in the future if Borrower has not paid. Termination by Borrower. If Borrower terminates this Agreement, Borrower must notify Lender. Despite termination, Borrower's obiiga ions under this Agreement will remain in full force and effect until Borrower has paid Lender ail amounts due under this Agrelement. II Prepayment. Borrower may prepay all or any amount owing under this Credit Line at any time without penalty, except 4.ender will bee tied to receive the Minimum FINANCE CHARGES es stated above and to receive ail accrued FINANCE CHARGES, end other charges, if any. P yments in excess of Borrower's Minimum Payment will not relieve Borrower of eorcower'a obligation to continue to make Borrojnrer's Minimum Payments. Instead, they will reduce the principal balance owed on the Credh Line. Borrower agrees not to send Lendet payments mar ed "paid In full", "without recourse", or similar language. if Barcower sends such n payment, Lender may accept it without losing any of Lender' rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written comnhunications con rning disputed amounts, including any chock or other payment instrument that indicates that the payment constitutes "payment in full" of th amount owed or that is tendered with other conditions or limitetlons or ss full satiafactlon of a disputed amount must be mailed'or delivered to: Members 1st Federal Credit Union, 5000 Louise Orlve Mochanicsburg, PA 17050. ~ Notices. All notices will be sent to Borrower's address as shown in Borrower's Credit Line application. Notices will be',meiled to 8orro er at a different address if Borrower gives Lender written notice of a different address. Borrower agrees to advise Lander prormptly if Borrows changes Borrower's mailing address. Annual Review. Borrower agrees that Borrower will provide Lender with a current financial statement, a now credit appplication, or bot , annually, on forms provided by Lander. Based upon this fnformetion Lender will conduct an annual review of Borrower'Is Credit Line Ac cunt. Borrower also agrees Lender may obtain credit reports on Borrower at any time, at Lender's sole option and expense, for any reason, i luding but not limited to determining whether there has been an adverse change In Borrower's financial condition. Lenda? mays require a new ppreisal of the Property which secures Borrower's Credit Line at any time, including an internal inspection, at Lender's sole opti~n and expense. ~ Borrower agrees to pay the annual review fee shown above. Borrower authorizes Lander to release information about orrower to thir parties as described in Lender's privacy policy and Lender's Fair Credit Reporting Act notice, provided Borrower did not opt ou4 of the applicab policy, I or as permitted by law. Based upon a material adverse change in Borrower's financial condition !such as termination of employment or loss of ~ income), Lender may suspend Borrower's Credit Line. ~ Transfer or Assignment. Without prior notice or approval from Borrower, Lender reserves the right to sell or transfer Borrower's Credit Line Account and Lender's rights and obligations under this Agreement tc another lender, entity, or person, end to assign L~nder's rights un er the Mortgage. Borrower's rights under this Agreement belong to Borrower only and may not be transferred or assigned. orrower's oblig ions, however, are binding on Borrower's heirs and legal representatives. Upon any such sale or transfer, Lender will have nb further obligat on to provide Borrower with credit advances or to perform any other obligation under this Agreement. I r e I ~ • ' ° _ C DIT AGREEMENT AND DISCLOS: ~ E Loan No: ~ ' (Continued) F~age 4 Notify Ua of Inaccurate IMormation We Report To Consumer Reporting Agencies. Please notify ua if we report any inaccurate informatio about your account(s) to a consumer repordng agency. Your written notice describing the specific inaccuracy(ies) should be sent to us et the following address: Members 1st Federal Credit Union 5000 Louise Driw Mechanicsburg, PA 17050. { Jury Waiver. Lender and Borrower 1»reby waive the right to any Jury trial in any action, proceeding, or couMerclakn brought by either L der or Borrower agaktst the otF»r. i 1 Governing Law. TMs Agroemetrt wii be gowrMd by federal law applicable to Lender and, to the sxbnt not preempted aY federal law, a Isws of the Commonvwahh of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been acceplsd by Lender in he ~ Commonweath of Pennsylvania. Choice of Venus. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland early, Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define t e provlafons of this Agreement. Interpretation. Borrower agrees that this Agreement, together with the Mortgage, is the best evidence of Borrower's agribementa with L nder. i If a court finds that any provision of this Agreement is not valid ar should not be enforced, that fact by itself will not mean that the rest f this Agreement will not be valid or enforced. Therefore, a court may enforce the rest of the provisions of this Agreement even if a provision t this Agreement may be found to be invalid or unenforceable. If Lender goes to court for any mason, Lander can use a copy, filmed or elactr ic, of any periodic statement, this Agreement, the Mortgage or any other document to prove what Borrower owes Lander or thief a transaction has taken place. The espy, microfilm, microfiche, or optical image will have the same validity as the original. Borrower agrees that, except the extent Borrower can show there is a billing error, Borrower's most current periodic statement is the best evidence of Borrower's obligati n to PeY• Sewrabiity. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or urtenforceeble as to any teen or circumstance, that finding shell not make the offending provision illegal, Invalid, or unenforceable ea to any other parson br circumstanc If feasible, the offendirtg provision shall be considered modified so that it becomes legal, valid and enforceable. If the offerding provision nnot be as modified, it ahsll'be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforcaabiity of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Arbitration. Borrower and Lender agree that all disputes, claims and contrownles between them whether fndfvkiwl, joint, or class in na e, arbing from thb Agreentarn or ot#terwiss, Including without IknRatbn corrtraot and tort diptrtea, shall be arbitrated pars to the Rule of the i Amsrioan Arbhratkxt Assaotatlon M affect at the time the aNim b fled, upon request of aitlter party. No act to take or • of any C rsl i ahs8 constitute a wahnr of this arbitratlort agraerrrerrt or be prohibited by this arbitration aproemeM. Thb ktaludas, Mrnitatlon, o fining inpatctiw reWf or • brrtporary nstrainktg order; invoking a power of sale under any dead of trwt or mortgage; a wrk of attar msm or impasidat of a receiver; or axercbktg any rights relating to personal property, IncNrdktg taking or disposing. of such with or w ut Judicial praosss pursuant to Article 9 of the Urdform Commercial Coda. Any disputes, oWers, or oontroveniea the ~wfuktas or reasonabfartass of any act, or exercise of any right, concerning any l.oiatsral, inckbing arty claim to rescind, roform, or • mod any agreement ralatlng to tits Coiataral, shag also be arbitrated, provided however that no arbitrator shaq have tM right or power to en) or restrain arty act of any party. Jtxgrrtartt upon any award ?ertdend by any arbkrator n»y be entered In any court having n. N M M this Agreentartt shat pnckrrM any party from swkirtg equitattls reisf from a court of aompaterrt jurisdiction. Ths of imitations, g waiver, Caches, end aknier docgirtes which would otherwise be appicable in an action 6rou ht b a ~pPel g y party shall be sin any srb lion proceeding, and ti» corransrtrerrterrt of an arbtration proceadktg shall ba dNmed Cite comrr»ncsmertt of art action for se purposes. he Federal Arbiaation Act shat apply to the construction, interpretation, and erttorcement of this arbihatlon provision. Confession of Judgment. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR TF~E PROTHONOT RY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME F R BORROWER FTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BOR OWER FOR THE ENTIRE PRINGPAL BALANCE OF THE CREDIT UNE ACCOUNT AND ALL ACCRUED INTEREST, LATE CHARG~S AND ANY A D ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE CREDIT LINE AC OUNT, TOG ER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BA NCE AND AC RUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FNE HUNDRED DOLLARS (5600) ON WHICH JUD~MENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A,COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREI~MENT TO CON ESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHAD CONTINUE F M TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS OUE UNDER THIS AGREEMENT. BO ROWER HERE i WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONCESSION OF JU GMENT i AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENNT PROVISION O BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL Aaknowledgmertt and Amendments. Borrower understands and agrees to the terms and conditions in this Agreement. borrower ackno ledges that, subject to applcable laws, Lender has the right to change the terms end conditions of the Credit Line program, including without Ii itation, j the Margin. If lender changes the Periodic Rate end eubaequent new credit advances ere made under this Agreement, the entire baler will be subject to the new rates. Borrower also understands and agrees that Borrower may be subject to other agreamanta wit Lender regard g transfer instruments or access devices which may attest Borrower's Credit Une. Any person signing below may req t a modificetio to this Agreement, and, if granted, the modification will be binding upon ell signers. By signing this Agreement, Borrower acknowledges that orrower has reed this Agreement. Borrower also acknowledges receipt of a completed copy of this Agreement. i i i i I 1 1 i I s t ~ • • C' SIT AGREEMENT AND DISCLOS~~ ( Loan No: , (Continued) gage 5 This Agreement is dated September 28, 2007. i j TH18 AGREMMIENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE TH EFFECT OF A SEALED INSTRUMENT ACCORDING TO IAW. ~ BORROWER: >s • . r w,~ u..v r v X',.::: > ~ r s ........:;::::;::~ISsal} ~,,",y ` " • :1Seal R ustess A wstess ACCEPTED• MEMBERS 1ST FEDERAL CRE IT UNION Bv- ~ iseall A prized Sipper Effective Disbwsement Data: wu na ~w.o, w. aa.aoaa e.r• wr.~ w,..r fwaM., r.. nn. 7mr. w W,r w.w. . iu cuowk:wKnasi.~esx n?ai~ rtii~ 1 I i i EXHIBIT "L" _~T- - _ - _ _ _ J ~,t j I. is ~ ~ Parcelldsntification Number: 48-000-MD-0005.00-0000 0 0750 9 RECORDATION REtBJESTED BY: Mernbsrs 1st Federal Cndre union ATTN: Small BusMess Landing 5000 Louise Drive Mechank:abwg, PA 17055 WHEN RECORDED MAIL TO: Members 1st Federal Credit Urdon ATTN: Smog Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 SEND TAX NOTICES TO: Msm!»rs 1st Fedsrel Credit Union ATTN: Small Business Lending 6000 Louisa Drlvs MaaAanicsbum PA 17055 FOR RECORDER'SI USE ONLY OPEN -END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES , ~ MAXIMUM UEN. The unpaid prindpal balance of advances exclusive of interest and unnpaid ~ balances of advances and other extensions of credit, aecurod by the Mortgage made fdr the n, payment of texas, aseessmer>tts, maintenance charges, insur~ce premium: and costs incurred " for the protection of the mortgaged premises shall not exceed at any one time $75,OOb.00. Amount Secured Hereby: S75,000.00 THIS M~TGAGE dated September 28, 2007, is made and executed between Rollaca'E. Heustess`ian~Barbara A. Heustesa?~(Peferred to below as "Grantor") and Merrr~bers 1st federal Credit Union,~ilrhose address is ATTN: Small Business Lending, 5000, Louise Drive, Mechanicsburg, PA 17055 (referred to below as "tender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sails, conveys, assigns, tran fare, releases, confirms and mortgages to Lender ail of Grantor's right, title, and interest in and to the following t~escribed real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtyrss; all streets, lanes, ell®ys, passages, and ways; ell easements, rights of way, all liberties, privibges, tenements, hereditaments, end appurtenances thereunto belonging or anywise made appurtertent hereafter, and the revjereions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in ukiHties with ~ dhch or irtigation rightsl; and all other rights, royehiea, and profits relating to the real pr rty, including w ut ~ limitation sg minerals, oU, gas, geothermal and similar matters, (the "Real Property"} located in Yo k County, ~ Commonwealth of Psnnsyivenia: ~ ALL that certain tract of sand, with improvement thereon erected, situate in War on Township, York County, Pennsyylvanta, designed Lot 2 on a Plan recorded in the ce of the Recorder of Deeds of York Counttyy, Pennsylvania in Klan Book FF, Page 864, sown as and numbered 9478 Carlisle Rosd, Dilisburg, Pennsylvania 17019, more particul IY described as follows, to wit: BEGINNING at a steel pin on the western right-of-wa{{yy line of PA Route 74 (L.R. 124) at a corner of Lott; thence along said Lot the following tvl~o i Back I931 Pose ~2S ' I _ i MORTGAGE (Confinued) Pege 2 courses and distances: S 61 degrees 13' 25" W 186.9 feat to a concrete marker,'N 30 d~gr~~~ 28' 50" W 238-66 feet to a concrete marker; thence N 60 da>jarees 44' 5~" E 177.78 feet to a steal pin on the western right-of-way lkte of PA Route 74 iL.R. 1124); thanaa akmg the western right-of-way Hne of said Road S 32 d~~ggroes 38' 40" E 240.56 feat to a steel pin et a corner of Lot 1, the point and place of BEi+a1NNiNG. The Rasl Property or its address is commonly known as 9478 Carlisle Road, Di~sbur , PA 17019. The Real Property parcel kientlficatian number is 49-000-MD-0005.00-0000. CROSS-COLLATERALIZATION. In addition to the Credit Agreement, this Mortgage secures all obligations, debts and liabilities, plus Interest thereon, of Grantor to Lender, or any one or more of them, u well as all ctaima by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or yrnrelated to the purpose of the Credit Agreement, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquida~d, whether Grantor may be liable individually or jointly with others, whether obligated es guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. REVOLVING LMfE OF CREDIT. This Mortgage secures the Indebbdness including, without limitation, a rev{~lving Una of credit, vrhbh oWigetes Lender to make advances to Grantor unless Grantor file to comply with all 11?s terr~hs of the Credit Agreement. Grantor presently assigns to Lender ail of Grantor's right, title, and interest in and to ell present and future',leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Unftorm Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURRY INTEREST IN THE RENTS AND PERSONAL PROPERTY, M GIVEN TO 8ECURE (A) PAYMENT OF THE AND Iel PERFORMANCE OF EACH OF GRANTOR'S A©REEMENTS AND OBLIGATIONS UNDER THE CREDR AGREEMENT, THE RELA'T~D DOCUMENTS, AND THi8 MORTGAGE. THIS MORTGAGE IS GIVEN AHD ACCEPTED ON THE FOLLOWIN~i TERMS: PAYMENT AND PERFORMANCE. Except sa otherwise provided in this Mortgage, Grantor shell pay to Lender all amounts secured by this Mortgage ss they become dw and shall strictly perform all of Grantor's obligatiorha under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be govemsd by the following provisions: Possession and Uso. Until the occurrence of en Event of Default, Grantor may (11 remain in posaes~ion and control of the Property; (2) use, operate or manage the Property; and 13) collect the Rents from the Property. Duty to Makrtain. Grantor shall maintain the Property in tenantable condition end promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance Witfi Emrironmontal Laws. Grantor represents and warrants to Lender that: (1) During tihe period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatr#?ent, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (21 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, Ib) enyj use, generation, manufacture, storage, treatment, disposal, release or threatened releesa of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (cl any dctual or threatened 1ltigetion or claims of any kind by any person releHng to such matters; and (31 Except as, previously disclosed to end acknowledged by Lender in writing, (el 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 Substance on, under, about or from the Property; end (bl any such activity shall be conducted in colmpliance with ~ all epplicabte federal, state, and local laws, regulations end ordinances, including without Ilmitation all i Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make sq+ch inspections and tests, et Grantor's expense, as Lender may deem appropriate to determine compilanle of the Property with this section of the Mortgage. Any inspections or tests made by Lander shall be for Lerhder's purposes only and shall not be construed to create any reaponalbility or liability on the part of Lenderlto Grantor or to any other parson. The representations end warranties contained herein era based on Grantor's dye diligence In investigating the Property for Hazardous Substances. Grantor hereby 111 releases end waives any lfuture claims against Lender for Indemnity or contribution in the event Grantor becomes liable for cleanup or other Icosts under any such laws; end 12) agrees to indemnify, defend, and hold harmless Lander against any and all c{laima, losses, liabilities, damages, penalties, and expenses which Lander may directly or indirectly sustain or suffer resulting from e breach of thts section of the Mortgage or es 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 same was or should have been known to Grantor. The provisions of this section of the Mbrtgaga, i i i i i , 1 MORTGAGE (Continued) Psge 3 including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness end the satisfaction end roconveyence of the Ilan of this Mortgage and shell not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nubanw, Waste. Grantor shall not cause, conduct or permit any nuieence nor commit, permit, or auffan any atrippinp 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 !lincluding oil and gee), coal, clay, scoria, soi{, gravel or rock products without Lender's prior written consent. RsmovN of improvements. Grantor shall not demolish or remove any Improvements from the Real Property witlwut Lender's prior written consent. Aa a condition to the removal of any Improvements, Lender may require ~ Grantor to make arrangements satisfactory to Lender to replace such Improvements with fmprovements lof at least f equal vslue. Lsrrder's Right to Enter. lender and Lender's agents and representatives may enter upon the Real Propelrty at all reasonable times to attend to Lender's interests and to Inspect the Rsal Property for purposes of Grantor's compliance with the terms end conditions of this Mortgage. CompUanae with Governmental Rsq~rements. Grantor shall promptly comply with all laws, ordinances, and rogulationa, now or hereafter in effect, of ail governmental authorities spplicabie to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may coMeat in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long ve Grantor has notified lender in writing prior to doing so and so {ong as, in Lender's sole opinidn, Lender's interosts in the Property are not jeopardized. Lender may raqufre Grantor to poet adequate security or a surety bond, reasonably aatisfectory to Lender, to protect Lender's tntarert. . Duty to Protect. Grsntor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, In addition to those acts set forth abovo in this section, which from the character end use of the property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT SY LENDER. Lender may, at Lender's option, declare )mmediately due end payagie all sum: secured by this Mortgage upon the sale or traneter, whhout Lender's prior written convent, of ell or any parq of the Reel Property, or sny interest in the Real Property. A "rile or transfer° means tits conveyance of Real Property qr any right, title or irrcerest in the Real Property; whether legal, bensfkaal or aquKable; whether voluntary or involuntary; whether by outri ht eels, dead, instsUmant sale. contract, land contract, contract for. deed, leasehold interest with a terry) _ - - 9 y greater than three 13) years, leave-option contract, or by aeb, sasignment, or transfer of an beneficial interest in oq to any lend treat hokling titb to the Real Property, or by any other method of conveyance of an Interest in the Reai Propbrty. However, thb option shell not be exercised by Lender if such exercise is prohibked by federal law or 6y Penhsylvanie law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property ere part of this ',Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) alt taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, n d shall pay when due ail clsima for work done on or for services rendered or material furnished to the Property. G~antor shall maintain the Property free of any liens having priority over or equal to the interost of Lender under this IMortgage, except for the Existing indebtedness referred to in this Mortgage or those liens specifically agreed to ins, writing by Lender, and except for the lien of taxes and assessments not due es further specified in the Right to Cdntest paragraph. Right to Cwrtest. Grantor may withhold payment of any tax, assessment, or claim in connection with s good faith l dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a then arises or is filed as a raeult.of nonpayment, Grantor shall within fifteen (16) days sfter the lien arises or, If a Hery fa ff{ed, within fifteen (1 S) days after Grantor has notice of the filing, vecure the discharge of the Ilan, or if regi?ested by Lender, deposh with lender cash or a sufficient corporste surety bond or other security satisfactory tol Lender in an ' amount sufficient to discharge the lien plea any costa and attomays' fees, or other charges that could accrue as a resuk of a foreclosure or eele under the Ilan. In any contest, Grantor shall defend itself and Lender end shall satisfy any adverse judgment before enforcement against the Property. Grantor shell name Lender as sn additional obligee under any surety bond furnished in the comsat proceedings. EvWsnce of Payment. Grantor shall upon demand fumish to lender satisfactory evidence of payment of the taxes or asaeeamenta and shall authorize the appropriate governmental official to deliver to Lander at any tiring a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 115) days before any work is comrraenced, any services are furnished, or any materials ere supplied to the Property, if any mechanic's lien, materislmiln's lien, or ~ other lien could be asserted on account of the work, services, or materials end the coat exceeds E6,Ob0.00. ( Grantor will upon request of Lender furnish to Lender advance assurances aatisfectory to Lender that Grantor can i i _ i , I _ ! . _ . . , MORTGAGE (Continued) Page 4 and will pay the coat of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Mekrtenance of Insurance. Grantor shell procure and maintain policies of firo insurencs with standard s>4tended coverage endorsements on a replacement basis for the full insurable value covering ell Improvemsnu on Ithe Reel Property in an amount sufficient to avoid application of any coinsurance clause, and with s standard modtgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liabllhy Insurance policies. Additionally, Grarnor shall maintain such other Insurance, including but not limited to hazard, b~rsiness interruption end boiler insurance as Lender may require. Policits shall ba written by such insurance com'ipardes end in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lander certificates of Ooverege from each insurer containing a stipulation that coverage will not bs cancelled or diminiat»d without a mi~mum of thirty (30i days' prior written notice to Lender end not containing any diactaimer of the insurer's liability',for failure to give such notice. Each insurance policy also shall include en endorsement providtng that coverage in'tavor of Lender will not be impaired in any way by any act, omission or default of Grernor or any other pereon. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard eras, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, fot the maximum amount of your credh line end the full unpaid principal balance of any prior (lens on the property securing the loan, up to the maximum policy Iimha sat tinder the National Flood Insurance Program, or ea otherwise required by Lender, and to maintain such Insurance for the term of the ban. Appilioatlon of Proceeds. Grantor shall promptly notify Lender of srry loss or damage to the Property it tine estimated coat of repair or replacement exceeds 06,000.00. Lender may make proof of lose if Grernoi !falls to do so wkhin fifteen (16) days of the casualty. Whether or not Lender's security is impaired, Lender may, r}t Lender's election, receive end retain the proceeds of any insurance end apply the proceeds to the reduction of thle indebtedness, peymsrn of any Ifen affecting the Property, or the restoration and repair of the Property. I,If Lander elects to apply the proceeds to restoration end repair, Grantor shall repsk or replace the damaged or d~~rreyed Improvements In a manner satisfactory to Lender. Lender shat!, upon esNefactory proof of each expenditure, pay or reimburse Grantor from the proceeds for the rsaeonabk cost of repair or restoration tt Grantor is notl,)n default under this Mortgage. Any procpds which have not bean disbursed wftFiin 180 days after their receipt fiend which Lender has not committed to the repair or restoration of the Property aheH bs used first to pay any emoNnt owing - - to Lander under fftls Mortgage, then to pay accrued interest, and the remakrder, if am/, shall bs applied',to the - " principal balance of the Indebtedness. If Lender holds any proceeds after payment fn full of the Indebtadnssa, such proceeds shall be paid to Grantor as Grantor's interests may appear. CompNance with Existlrtg irrdsbtednsss. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Exiatin~ Indebtedness shell constitute compliance with the insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplicetlon of insurance requirement. I7: any proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender'$ interest in the Property or if Grentor fails to comply whh any provision of this Mortgage or any Related Documents, inr;tuding but not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness in good stsn{ding as required below, or to discharge or pay when due any amounts Grantor is regtared to discharge or pay under, this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated tol take a 'y action that Lender deems appropriate, including but not limited to discharging or paying sti texas, Ilene, security interes~s, encumbrances and other claims, at any time levied or placed on the Property and paying sfl costs for insuring, maintelning end preserving the Property. All such expendlturss incurred or paid by Lender for such purposds will then ~ bear irnerast et the rate charged under the Credit Agreement from the date Encurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness end, at Lender's option, ~nriil (A) be payable on demand; (B) ba added to the balance of the Credit Agreement and be apportioned among and Ike payable with any instsllmant payments to become due during either (1) the term of any applicable insurance poHc>C; or (21 the remaining term of the Credit Agreement; or (C1 be treated as a balloon payment which will be due and parable et the Credit Agreement's maturity. The Mortgage also will secure payment of these amounts. Such right shall qe in addition to all other rights end remedies to which Lender may be entitled upon Defsutt. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRAfUTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pert of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, j free and clear of ell Ifens and encumbrances other than those set forth in the Real Property descriptiorti or in the i -...T . r , , MORTGAGE (Continued) Pege 5 Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion iasu~d in favor ot, end accepted by, Lender in connection with this Mortgage, and (b) Grantor has the toll right, power,'. and authority to execute and deliver thin Mortgage to Lender. Defense of TitM. Subject to the exception in the paragraph above, Grantor warrants and will forever defland the title to the Property against the lawf~d claims of ail persons. In the event any action or proceeding is co~inmenced that gwstions Grantor's title or the interest of lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may 6e the nominal party in such proceeding, but Lender shall be entitled td partfcipeta in the proceeding and to be represented in the proceeding by counsel of Lender's own choicej, and Grantor will deliver, or cause to be delivered, to Lender such instruments ae Lander may request from tirlne to time to permit such participation. Complhrtce With Lawa. Grantor wercants that the Property and Grantor's use of the Property compiles with sil existing applicable laws, ordinances, and rogulatbns of governmental authorhies. Survival of Representations and Warrarttles. Afl representations, warranties, end agreements made 6y 6rontor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, artid shall remain in full force and effect until such time es Grantor's Indebtedness shall be paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existktg LMn. The (ten of this Mortgage securing the Indebtedness may be secondary and inferior to an lexisting lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedne#s end to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modlflostlon. Grantor shall not enter into any agreement whh the holder of any mortgage or other abcurity agrosment which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed whhout the prior written consent of Lender. Grantor shall neitfror request nor accept any future advances under any each security agreement without the prbr written consent of Lander. CONDEMNATION. The folbwing provisions relating to condemnatbn proceedings are a pert of•thia Mortgagee: Praesedinps. If any proceeding In condamnetbn Is filed, Grantor shall promptly notify Lender in writing~ and Grantor shall promptly take such steps ea may be necessary to def~td the action and obtain the ewerd.j Grantor - - may be the nominal party in wch proceeding, but Lander shell be entitled to psrticipats_in the proceeding and to be npreasntsd in the proceeding by counsel of Its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation ea may be roqueatad by Lender from time to time to permik such participation. AppUcatfon of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election rsquiro that all or any p rtion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. he net proceeds of the award shall mean the award after payment of ell 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 pert of this Mortgage: Current Taxes, Fess end Charges. Upon request by Lender, Grantor shell execute such documents in aldditlon to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shell reimburse Lender for ail taxes, as described below, together with all exper~aes incurred In recording, perfecting or continuing this Mortgage, including without limitation ell taxes, fees', documentary stamps, and other charges for recording or registering thin Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon thi: hype of Mortgage or upon all or any pert of the Indebtedness secured by this Mortgage; (2) a specific tax on (Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this tfype of i Mortgage; {3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Credit i Agreement; and l41 a specific tax on all or any portion of the Indebtedness or on payments of principal and interost made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect es an Event of Default, and Lender may exercise any or all of its tweilabie ~ remedies for an Event of Default as provided below uMess Grantor either (1) pays the tax before it bek:omes delinquent, or 12) contests the tax es provided above to the Taxes and Llena section and deposits with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender. { SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: I I. I _ _ r m- T- ~ ' _ . i 1 I ~ ' i , i I MORTGAGE (Continued) Page 6 Security Agreement. This instrument shall constitute a Security Agreement to the extant any of the Property constitutes fixtures, and Lender shall have alt of the rights of a secured party under the Uniform Commercial Code ae amended from time to time. SecurHy Interest. Upon request by lender, Grantor shall take whatever action is requested by Lender to', perfect end continue Landar's security interest in the Rents and Personal Property. In addition to recording this ~Jlortgage in the real property records, Lender may, at any time end without furtfier authorization from Grentor, file'~sxecuted counterparts, copies or reproductions of this Mortgage as a financing atstament. Grantor shall roimburap Lender for sli expenses incurced in perfecting or continuing this securky Interest. Upon default, Grantor shall net remove, saver or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Pars¢nal Property not affixed to the Property in a manner and et a ptacs reasonably convenient to Grantor and Lefider and make it available to Lender within three (3) days after receipt of written demand from lender to the exteint permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which informatidn concerning the security interest granted by this Mortgage may be obtained leach as required by the Uniform Commercial Codei are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations ere a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or wig cause to be made, executed ar de{ivered, to Lender or to Lender's designee, end when nested by Lsndsr, cause to bs flied, recorded, rofiled, or rorocorded, as the caa may be, at such limas and in such offices and places as Lender may deem appropriate, any end ell such mortgages, deeds of trust, security deedsj, security agreements, financing atatementa, continuation statements, instruments of further sasuranoa, certificates, end other documents sa may, in the sole opinion of Lender, be necessary or desirable in order to eftectuste,'~, complete, perfect, continua, or proprve 111 Grantor's obligations under the Crsdh Agreement, this Mortgage, arjd the Related Documents, and (2) the liens end sacurlty interoats croated by this Mortgage on the Property, whether now owned or heroafter acquired by Grantor. Unlasa prohibited by Isw or Lender agroes to the contrary in writing, Grantor shell roimburoe Lender for all costa and expanses incurred in connection with the matters referrbd to in this paragraph. AdditfonN Authorizations. If Grantor fails to do any of the things roferced to in the proceding paragraphs Lender may do so for aril in the nsmi of Grantor grid at Grdritor'e expense. For such purposes, Grantor herebw - - - irrevocably authorizes Lender to make, execute, delNer, file, record and do all other things as may be ndceasary or dssMable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It,is understood that nothing set forth herein shall require Lender to take em/ such actions. FULL PERFOREYIANCE. If Grantor pays ail the Indebtedness when due, terminates the credit line account, arld otherwise perfonne all the oblEgations imposed upon Grantor under this Mortgage, Lander shall execute and deNver to ¢rentor e suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on fpie evidencing Lender's securlty interest in the Rents end the Personal Property. Grantor will pay, if permitted by applicable law, any reasonably termination fee as determined by Lender 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 Defauk. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. OtMr Defaults. Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any otlter agreement between Lender and Grantor. Default in Favor of Third Partlea. Should Grantor default under any loan, extension of credit, security elgreament, purchase or sales 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 obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateragzation. This Mortgage or any of the Related Documents ceases to be in full force dnd effect (including failure of any collaterel document to create a valid end perfected security Interest or Ilan) at any time and i for any reason. I 1 1 i i• Ij f , r ~ ~ ~ ' I i 1 MORTGAGE (Continued} Page ~ Death or lnsolveney. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for prey part of Grantor's property, any assignment for the benaflt of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency Iowa by or against Grantor. Creditor or Forfskun Procaedkrgs. Commencement of foreclosure or forfeiture proceedings, whether by,judiciel proceeding, self-help, repossession or any other method, by any credttor of Grantor or by any govsrnms fital agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply If there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in en amount determined by Le~hder, in its sole discretion, as being en adequate reserve or bond for the dispute. ~ Breach of Ott»r Agreemerrt. Any breach by Grantor under the terms of any other agreement between grantor end Lender that is not remedied within any grace period provided therein, including without Ilmftetion any agreement concerning any indebtedness or other obligation of Grantor io Lender, whether existing now or later. EwMs Affeoting Guarantor. Any of the preceding events occurs with respect to any guarantor, endors~r, surety, or accommodation parry of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of tlhe Indebtedness. In the avant of a death, Lender, at its option, may, but shall not be required to, permit fhb guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, end, fn doing ao, curs any Event of Default. Adwras CFamgs. A materiel adverse change occurs In Grantor's financial condition, or Lender believes Kha prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cris. If any default, other then a default in payment Is curabb and If Grantor has not been given a notice of a breach of the same proviabn of this Mortgage within the preceding twelve (12) months, it may ba ~CUred if Grantor, after receiving wr(ttan notice from Lender demanding curs of such defsuR: 11 i curse the defs It within thirty 1301 days; or 12i if the cure requires more than thirty (301 days, Immediately Inhistes steps which Lender deems in Lender's sole discretion to be aufficfent to cure the default end thereafter continues end complletea all - - - - - reasonable and necessary steps aufficfent to produce compliance as soon ea .reasonably practical RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, et Lender's option, may exercise any one or more of the following rights and remedies, in addition to any othher rights or remedies provided by law: Aooebrate Indebtedness. Lender shall have the right et Its option, after giving such notices es required' by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to alt or any part of the Personal Property, Lender shell have ell the rights and remedies of a secured party under the Uniform Commercial Code. Co6act Rents. Lender shalt have the right, without notice to Grantor, to take possession of the Property+ and collect the Rents, including amounts past due end unpaid, and apply the net proceeds, over and above jender's coats, against the Indebtedness. in furtherance of this right, Lender may require any tenant or other uajer of the Property to make payments of rent or use fees directly to Lender. If tfie Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse inatrurr?ents received in payment thereof in the name Qf Grantor end to negotiate the same rend 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 p par grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or,eny part of the Property, with the power to protect and preserve the Property, to operate the Property preceding fpreciosure or sale, and to collect the Rants from the Property and apply the proceeds, over and above the coat of fhb receivership, against the Indebtedness. The roeeiver may serve without bond if permitted by law. Leader's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substentiai amount. Employment by Lander shall not disqualify a person from aervirhg as a receiver. Judicial Foreclosure. Lender may obtain s judicia{ decree foreclosing Grantor's Interest in all or any patt of the Property. ~ Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby rjuthorizes ~ end empowers any attorney of any court of record In the Commonwealth of Pennsylvania or elsewherB, as attorney I w T -r , MORTGAGE (Continued) Paga 8 for Lander and ell persons claiming under or through Lender, to sign an agreement for entering in any dompetent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against ell persona claiming under or through Grantor, for the rocovery by Lander, of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this I~Aortgage verified by affidavit, shell be a sufficient warrant; and thereupon a writ of possession may be issued fdrthwith, without any prior writ or proceeding whatsoever. Nonj?rdioial Sale. if permitted by applicable law, Lender may foreclose Grantor's interest in all or in any pert of the Personal Property or the Reel Property by non-Judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this sectlorl. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is solo as rovided above or Lender otherwise becomes entitled to possession of the Property upon default of Grentar, ("grantor shall become a tenant at sufferance of Lender or the purchaser of the Property end shall, at Lender's optiorM, either 11 } pay a reasonable rental for the use of the Property, or 12) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shell have all other rights end remedies provided in this Mortgage or the Credit Agreement or available st law or in equity. Sale of the Property. To the extant permitted by applicable law, Grantor hereby waives any end all right to have the Property marshalled. In exercising its rights and remedlae, Lender shall be free to sell ell or any pert of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on ell or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the lima end place of any public sale of the Personal Property or of. the time after which any private safe or other intended disposition of the Personal Pro rty is to be made. Unless otherwise required by epplicebia isw, reasornbls notice shalt mean notice given at IeaMt ten (10) days bsforo the time of the sale or disposition. Any sale of the Personal Property may be made fn co~hjunction with any sale of the Real Property. t3eation of Remedies. Election by Lender to pursue any remedy shell not exclude pursuit of any other] remedy, and ' en election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after - - Grontor'a failure to psrfoitn, shall not affect Lender's right to declero a defauh end exercise ks reme es. Nothing under this Mortgage or otherwise shall be construed so ea to limit or restrict the rights and rernsdies {available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lander Ito proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser end/or to prloceed against any other collateral directly or Indirectly securing the Indebtedness. Attorneys' Fees; txpsnsas. If Lender institutes any suit or action to enforce any of the terms of this kVlortgage, lender shall be entitled to recover such sum ea the court may adjudge reasonable es attorneys' fees let trial end upon any appeal. Whether or not any court action fa irnolved, end to the extent not prohibited by lav~r, all reasonable expenses lender incurs that in Lender's opinion are necssssry at any time for the protection of its interest or the enforcement of its rights shall become a pert of the Indebtedness paynble on demand pnd shell bear interest at the Credit Agreement rate from the date of the expenditure until ropaid. Expenses covere~f by this paragraph Include, without limitation, however subject to any limits under applicable law, Lender's at'torneys' fees and Landar's legal expenses, whether or not there is a lawsuit, including attorneys' fees and sxpsnsga for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctioN, appdala, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports}, surveyors' reports, end appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court coats, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacaimlle lu leas otherwise required by law}, when deposited with a nationally rocognized overnight courier, or, ff mailed, v~ihen deposited in the United States mail, as first class, certified or registered mall postage prepaid, directed to the addre#aea 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 end notices pursuant to 42 Pa. C.S.A. Section 8143, st. seq., shall be sent to Lender's address, es shown near the beginning of this Mortgage. Any party may change its address for notices under this Mo gage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change th~ party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current a dress. Unless otherwise provided by applicable law, If there is more then one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. f i' i _ I r II , . ~ MORTGAGE 1 (Continued) Page 9 I MISCELLANEOUS PROVISIONS. The following miscellaneous provielona are a pert of this Mortgage: i AmendmerKs. This Mortgage, together with any Related Documents, constitutes the errtire understandimg and agreement of the parties as to the mattero set forth in this Mortgage. No alteration of or amendment to ithis Mortgage shall be affective unless given in writing and signed by the party or parties sought to be chargbd or bound by the alteration or amendment. Arrrrual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall fumiah to Lender, upon request, a certified statement of net operating income received from the Property during G~sMor's previous fiscal year in such form and detail as Lender shell require. "Net operating income" shall mean If cash receipts from the Property less ell cash expenditures made in connection with the operation of the Property. Arbitration. Grantor end Lender agree that ant disputes, claims and eontroversiss between them whethey irrdividunl, joint, or clew M nature, arising iron tlds Mortgage or otiwrwisa, Inesltrdirrg without Nmitation cormaat ar}d tort dkputas, shall bs eubitratad pursuant to the Rules of tM American Arbitration Assoclatfon ~ effect at tf fs tkrre th claim is /Yeti, upon regwst of either party. No act to take or dispose of any Property shah constitute a ~vsiwr of tide arbitration agrsemarrt or be prohibited by this arbitration agreement. Tide indudas, without Ikrdtatic~n, obtaining ir~awtiw reYef or a temporary restrdning order; imroking s power of saN under any deed of trlust or mortgage; obtaining a wrk of attecirnent or imposition of a rsosiwr; a exerok6tg ~y rights relatktg to IPsnaw?sl property, ktcluding taking or dkposing of such property with or without judicial process pwyusutt to Arti~s 9 of the Uniform Camrrrarciai Coda. Any disputes, claims, or cawowraNs concerning the lawfulness or raasoralrblensss of any act, or exe?cbe of any right, concerning any Property. kteludbp any o4tlm to resdnd, reform, or oti+lerwiss modify any agreement relating to the Property, shall also be arbkrated, provWed however tigrt no wbitnjtar shaft have tir right or the power to enjoin or restrein any act of any party. Judgment upon any awaM rentN~sd by any arbitrator may be ~b»d In any nowt having jtxisdk'tion. Nothktg in this IMortgage ahaN precksle anY fa~arty horn seekkq et~fetaMe reYsf from • court of competent jurbdfation. Tha statue of Ilmitatiora, estopp~ ~r, hohas, and eknNar doctrines whtoh would otherwla ba appNoable M an nation brought by a party shah be bN in any arbitration prooeerNrtg, and the commencement of an arbitration proaee~rq shah be deemed tM carur+~acement of an action for these purposes. The Federal Arbitration Act shah apply to the construction, itnerpretation~ and enforcement of <hb arbitration provbion. Caption Headings. Caption headings in this Mortgage ere for convenience purposes only and ere not to be used to - interpret or define the provisions of this Mortgage. " Governing Law. This Mortgage will be governed by federal law appYcable to Lender and, to the extant ,not preempted by fedsnl law, the laws of the Commonwealth of Penruylwnia without regard to its conflicts of law provisbns. This Mortgage has been accepted by Lender in tim Commonwealth of Pennsylvania. Choice of Venus. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonweahh of Pennsylvania. Jokrt end Several LfablYty. All obligations of Grantor under this Mortgage shall be joint and several, andl all references to Grantor shall mean each and every Grantor. This means that each Grantor signing belawl is responsible for ail obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage urtle$s such waiver is given in writing and signed by Lender. No delay or omission on the part of lender In exerclsirfrg any right shalt 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 ~rovision or any other provision of this Mortgage. No prior waiver by lender, nor any course of dealing between Under and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any (future transactions. Whenever the consent of lender is required under this Mortgage, the granting of such consent by I Lender in any instance shall not constitute continuing consent to subsequent instances where such co~haent is required and in a!i cases such consent may be granted or withheld in the sofa discretion of Lender. SewrabYhy. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invat d, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illogal, Invalid, i or unenforceable as to any other person or circumstance. If feasible, the offending provision shall ba donsidered modified so that it becomes Iagei, valid end enforceable. If the offending provision cannot be ao modified, it shall be considered deleted from this Mortgage. Unless otherwise requlrod by law, the ilkgelity, inwlidity, pr . unenforceability of any provision of this Mortgage shalt not effect the legality, veUdity 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 intlerest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the writken consent of Lender. I 1 r _ , . i ~ MORTGAGE (Continued) Page ~o ~ Suoosssor interests. The terms of this Mortgsge shell be binding upon Grantor, end upon Grantor's heirN, personal reprgentatfves, succssaors, end assigns, and shell be enforcesble by Lender and lta successors and esallgna. Time b of the Essence. Time Is of the essence in the performance of this Mortgage. Waive Jury. Ali parties to this Mortgage hereby waive the right to any Jury trial in sny action, proceeding, or counterclaim brought by any party against any otiwr 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 emounta in llewful money of the United Ststes of Amerk:a. Words and terms used in the singular shall include the plural, and the plural ~ shall Include the singular, es the context may require. Words end terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: ~ Borrower. Tha word "Borrower" means Rollace E. Haustess end Barbera A. Haustess and includes all co-signers and co-makers signing the Credit Agreement and all their succssaors and assigns. Credit A reemsnt. The words "Credh Agreement" mean the credit agreement dated September 28, 20p7, with CI'Alfit ~k Of 875.000.00 from Grantor to Lender, together with aN renewals of, extensions of, moditicatbns of, refinancings of, consolidations of, end substkutbns for the promissory note or agreemeent. The maturity date of the Credit Agreement is September 28, 2010. NOTICE TO GRANTOR: THE CREDIT AQ3REEMENT CONTAINS A VARIABLE INTEREST RATE. Defsuft. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmer>ZN Laws. The words "Environmental Laws" mesn any and ail state, federal and local etatut$s, regulations and ordinances relating to the protection of human hsshfi or the environment, including without limitation the Comprehensive Environmental Response, Compensation, end Liabilhy Act of 1980, as am{rndsd, 42 U.S.C. Section 9801, et seq. ("CERCLA"1, the Supertund Amendments and Raauthorizetlori Act of 19816, Pub. L. No. 99-499 ('SARA"1, the Hazsrdous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicsble state or federal laws, rules, or regulations adopted pursuant theroto. Event of Dafiwk. 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. - Existing Indebtedness. Tha words "Existing Indebtedness" mean the fndebtednasa described in the Existing Liens - provision of this Mortgage. Grantor. The word "Grantor" means Rollace E. Haustess and Barbara A. Haustess. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including whhout Iimhation a guaranty of all or part of the Credit Agreement. Hazsrdous Substarces. The words "Hazardous Substances" mean materiels that, because of their quajntity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or poten7ial hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, mejnufactured, transported or otherwise handled. The words "Hazardous Substances" are wad in their vary broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste ea defined by qr listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, pettroleum and petroleum by-products or any fraction thereof and asbestos. improvemenrts. The word "improvements" means ail existing and future improvements, buildings, strurCturea, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction orl the Real Property. Indebtedness. The word "Indebtedness" means elf principal, interest, and other emounta, costs end expanses payable under the Crodit Agreement or Related Documents, together whh all renewals of, eMenaiona of, i modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents afid any amounts expsndad ar advanced by Lender to discharge Grantor's obligations or expenses Incurred by lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens end security fntereata created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. Specifically, without limitation, Indebtedness includes all emounta that may be indirectly secured by the Cross-Collaterolizetion provisidn of this Mortgage. Lender. The word "Lender" means Members 1st Federal Credit Union, its successors and assigns. Mortgage. Tha word "Mortgage" means this Mortgage between Grantor and Lender. Personal Property. The words "Personal Property" mean all equipment, flxturae, and other articles of personal a { i _ _ _ a . T._____ _ ~ _ _,_T ~ ' ' MORTGAGE (Continued) Page 11 property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all acceaalona, parts, end addittona to, all raplecementa of, and all substitutions for, any of such property; end together with all proceeds (including without limitation all insurance proceeds and r~funds'of pramiumal from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property end the Personal Property. Reed Property. The words "Reel Property" mean the real property, Interests and rights, ea further deacrilbed in this Mortgage. Rebbed Documents. The words "Related Documents" mean ell promissory notes, credit agreements, loan agreements, ern+ironmental agreements, guaranties, security agreements, mortgagee, deeds of trust, security deeds, collateral mortgages, and ell other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present end future rents, revenues, income, Issues, royalties, profits, end other benefits derived trom the Property. EACH GRANTOR ACKI~WLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO R8 TERMS. THIS MORTGAGE IS QIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CQNSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO,LAW.. GRANTOR• . - • . . oe a . eall eueKees~r CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Membsra 1st Fedsrsl Credk Union, herein is as ~oliows: ATTN: Sma118usineas Lending, 6000 Louise Drive, Mechanicsburg, PA 17055 ttomey or Agent for Mortga ee i Ic I I I _ _ T T. . I • a f MORTGAGE ` (Continued) Page 12 j INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) I ) SS COUNTY OFl li 1'Y1 I~ A f ( ~ I~ ) On this, the ~ day of ~~.h'?~2p r^ , 20 before me ~ ~ ~ / n' ,the undersigned Notary Public, peraonelly eppssred RofNace E. He~atiss and Barbers A. Hauebss, known to me (or satisfactorily proven) to be the person wiwee names are subscribed tb the within instrument, and acknowledged that they executed the same for the purposes therein contained. M wi~~~~hand ~?d officl NotiNld Seal IWW~~AA { Laura L Hoke, Notary PubYc l1~ParANen'Twp•. Qumbe?Iarrd Qourtty Notary Public in and for the State of ' My ~r?~heion E>q~ari Jan. 25, 2011 Member, Pennsylvania AseoCiatlon of N~arles wu reo l„rN, v., a»aoaa ue. ww rwwr wwr.. w. ~r~, mr. w piw a e.~towrcMUawaeaa.wc rn~rn r~.u I i I - ,~.,~w_ _ _ _ I s~~ ~ i I j . ~l,. YORK COUNTYRECORDER OFDEEDS • 28 EAST 11~fARKET STREET ~ " YORE, PA 1701 ~ ~ ~ ~ ~ 't Randi L. Reisinger -Recorder Gloria A. Flemin De u ~ 8 - P rY Instrument Number - 2007081729 Book -1931 Startfng Page - X28 Recorded Oa 11/1/2007 At 1:43:05 PM * Total Pages -13 * Iastrnmeat Type -MORTGAGE Invoice Number - 733121 * Grantor - HEUSTESS, ROLLACE E * Grantee -MEMBERS 1ST FEDERAL CREDIT UNION User - PAM * Received By: MAIL * Castomer -MEMBERS 1ST FEDERAL CREDIT UNION * FEES PARCEL IDENTIFICATION NUMBEat STATE WRIT TAX $0.50 49000MDb00S0000000 JCS/ACGE83 TO JUBTICE $10 .00 Total Parcels: 1 RECORDING FEES $29.00 AFFOPDAHLE HOUSING $11.50 PIN NL>I46SR FEES $2.00 COUNTY ARCHIVEB FEE $2.00 ROD ARCHIVES .FEE _ $3.0.0 _ _ _ _ TOTAL PAID $58.00 I Certify This DocuRnent To Recorded In York county, Pa. R•~~ 1 ` ~ ~ ~ N i THIS IS A CERTIFICATION PAGE PLEASE DO NOT .l).ETACH THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT * -Information denoted by an asterisk msy change during the verification process and may not be reflected on this page. ~ Book: 1931 Page: 340 i VEAII~"ICATION I, Laura Hoke, Business Collections Specialist for Members I" Federal Credit Unio , acknowledge I have the authority to execute this Verification on behalf of Members 1 ~ Fed 1 Cr~it Union and certify that the foregoing Complaint for Confession of Judgment ~s based upo information which has been gathered by my counxl in the preparation of the lawsuit. The largos of this document is that of counsel and not my own. I have read the document and to the extent Complaint for Confession of Judgment is based upon information which I have given tb my course , it is true and correct to the best of my knowledge, information and belief. To the extent the Conte t ofthe Complaint for Confession of Judgment is that of counsel, I have relied upon counsel in maki this Verification. This statement and Verification are made subject to the penalties of 18 Pa C.S. § 4 relating to unsworn falsification to authorities, which provides that if I knowingly make fal e averments, I may be subject to criminal penalties. MEMBERS 1~ FEDERAL CREDIT 17NION By: ura oke, usmess o ectaons pec ist _ ~ ~I~ Christopher E. Rice, Esquire Attorney I.D. No. 90916 BUG ~ ~ ~ 7 Seth T. Mosebey, Esquire CUM@ERl.A~~D C4t3t~TY Attorney I.D. No. 203046 i~[NWSYl.YA~d1A MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANI Plaintiff v. . NO. 2012 - s'`~1 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 PA. C.S.A. §2737.1. (Act 105 of 2000) To: Defendants PURSUANT TO 42 PA. C.S.A. SECTION 2737.1, IF YOU HAVE BEEN INCORRECTL IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YO , YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. INSTRUCTIONS REGARDING THE PROCEDURE TO STRIKE THE CONFESS D JUDGMENT ARE SET FORTH BELOW: Pennsylvania Rule of Civil Procedure 2959 -Striking Off Judgment (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provide in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment as originally entered, in any county to which the judgment has been transferred or in any other co ty in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgm nt. (2) The ground that the waiver of the due process rights of notice and hearing was of voluntary, intelligent and knowing shall be raised only: _ _w _ i (i) m support of a further request for a stay of execution where the court has of stayed execution despite the timely filing of a petition for relief from the judgment and he presentation of prima facie evidence of a defense; and (ii} as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973. . (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or le 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant an demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause d may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall ile an answer on or before the return of the rule. The return day of the rule shall be fixed by the c by local rule or special order. (c) A party waives all defenses and objections which aze not included in the petition or answer (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 0. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositi s, admissions and other evidence. The court for cause shown may stay proceedings on the petit on insofaz as it seeks to open the judgment pending disposition of the application to strike off he judgment. If evidence is produced which in a jury trial would require the issues to be submitte to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedi gs to strike off or open the judgment aze pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provid a debtor with instructions imposed by an existing statute, if any, regarding procedures to folio to strike a judgment or regazding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgme is entered on or after the effective date. You may have other rights available to you other than as set forth in this notice. ou should take this paper to your lawyer at once. If you do not have a lawyer, go to or teleph ne the office set forth below. This office can provide you with information about hiring a la r. If you cannot afford to hire a lawyer, this office may be able to provide you w th information about agencies that may offer legal services to eligible persons at a reduced fe or no fee. Lawyer Referral Service of The York County Bar Association York County Bar Center 137 East Market Street York, Pennsylvania 17401 Telephone No. (717) 854-8755 I Christopher E. Rice, Esquire Attorney I.D. No. 90916 ~~~j2 AUK ~ 7 E(~: 7 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 ~ l1M~RLgND C~U~I ~ MARTSON LAW OFFICES PENC~SYLVA?il~ 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANI Plaintiff v. NO. 2012 - Sl~~ CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants CERTIFICATE OF RESIDENCE We hereby certify that the last known addresses of the Defendants are: Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 The address of Plaintiff is: 5000 Louise Drive, Mechanicsburg, PA 17055 MARTSON LAW OFFICES Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Date: Attorneys for Plaintiff i ~i ~I Christopher E. Rice, Esquire Attorney I.D. No. 90916 AUG ~ 7 AM IQ~ Seth T. Mosebey, Esquire ~ Attorney I.D. No. 203046 "11M6ERL~N~3 ~ MARTSON LAW OFFICES P~t~~~$YLVAlVI~'~ 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANI Plaintiff v. : NO. 2012 - J! f f~ CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants AFFIDAVIT I, Christopher E. Rice, Esquire, attorney for Plaintiff, hereby certify, that to the best of y knowledge, that the Confession of Judgment for Money attached is not being entered agains a natural person in connection with a consumer credit transaction. S/~- Christopher E. Rice, Esquire Sworn to and subsc 'bed before me this day of o~ , 2012. N Public ~w~u~ni,~w~ v i~a,rw s..i Mary M. Price, Norary Pu6Nt CarNre Boro, Wnberi~nd CCAIId(Morl X015 VANU ~ b ~~f~:-~1r~E:~w~ Christopher E. Rice, Esquire ~ ~ ~ T Q h t, ~I , Attorney I.D. No. 90916 Seth T. Mosebey, Esquire ~~~~2 AUG AP410~ Attorney I.D. No. 203046 MARTSON LAW OFFICES Ct~U~ ~ 10 East High Street ~'~~IC~5Yl.VANlA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANI Plaintiff v. . NO. 2012 - 5ll ~ CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, . Defendants . AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowled e, information and belief, the Defendants Rollace E. Heustess and Barbara A. Heustess are not in he military service of the United States of America, that he has knowledge that Rollace E. Heustess d Barbara A. Heustess reside at 237 Ridge Hill Road, Mechanicsburg, Pennsylvania. Christopher E. Rice, Esquire Sworn,to~'~d subscri d before me this day of , 2012. N ublic ao~oniw~an_v,~ poarWls.N a,me.n.no ca,n~y MBA _ _ _ _ _ _ I i Christopher E. Rice, Esquire Attorney LD. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 FEDERAL CREDIT :1N THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANI Plaintiff v. . NO. 2012 - CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. N0.236 To: Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 You are hereby notified that on oZD/a ,judgment by confession as entered against you in the above-captioned case in favor of Members 1 S` Federal Credit Union as follows: First Note Principal $125,476.71 Late Fees $ 0.00 Interest (through 8/13/2012) $ 4,415.60 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 12,547.67 Total: $142,639.98* *Plus interest per diem at $21.83, along with additional costs and fees incurred, til paid in full. Second Note Principal $208,373.40 Late Fees $ 50.00 Interest (through 8/13/2012) $ 7,065.64 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 20,837.34 Total: $236,526,38* *Plus interest per diem at $41.96, along with additional costs and fees incurred, it paid in full. T - _ T Third Note Principal $22,578.05 Late Fees $ 25.00 Interest (through 8/13/2012) $ 320.48 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 2,257.80 Total: $25,381.33* *Plus interest per diem at $4.73, along with additional costs and fees incurred, til paid in full. Fourth Note Principal $67,210.31 Late Fees $ 50.00 Interest (through 8/13/2012) $ 1,505.38 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 6,721.03 Total: $75,686.72* *Plus interest per diem at $12.21, along with additional costs and fees incurred, til paid in full. Fifth Note Principal $125,476.71 Late Fees $ 0.00 Interest (through 8/13/2012) $ 4,415.60 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 12,547.67 Total: $142,639.98* * Plus interest per diem at $21.83, along with additional costs and fees incurred, til paid in full. Credit Agreement Principal $74,943.22 Late Fees $ 50.00 Interest (through 8/13/2012) $ 4,066.63 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 7,494.32 Total: $86,754.17* *Plus interest per diem at $8.72, along with additional costs and fees incurred, it paid in full. Grand Total: $709,628.56** * *Plus interest per diem at $111.28, al with iti osts and f curr d, until paid in full. Date: / 7. /c} Pro onotary _T _ _ _ _ _ _ _ _ _ _ Christopher E. Rice, Esquire Attorney LD. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANI Plaintiff v. NO. 2012 - ~ CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. NO. Z36 To: Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 You are hereby notified that on i~~ _ / 7 aD/~- ,Judgment by confession as entered against you in the above-captioned case in favor of Members 1 S` Federal Credit Unio as follows: First Note Principal $125,476.71 Late Fees $ 0.00 Interest (through 8/13/2012) $ 4,415.60 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 12,547.67 Total: $142,639.98* *Plus interest per diem at $21.83, along with additional costs and fees incurred, til paid in full. Second Note Principal $208,373.40 Late Fees $ 50.00 Interest (through 8/13/2012) $ 7,065.64 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 20,837.34 Total: $236,526,38* *Plus interest per diem at $41.96, along with additional costs and fees incurred, til paid in full. Third Note Principal $22,578.05 Late Fees $ 25.00 Interest (through 8/13/2012) $ 320.48 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 2,257.80 Total: $25,381.33* *Plus interest per diem at $4.73, along with additional costs and fees incurred, til paid in full. Fourth Note Principal $67,210.31 Late Fees $ 50.00 Interest (through 8/13/2012) $ 1,505.38 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 6,721.03 Total: $75,686.72* * Plus interest per diem at $12.21, along with additional costs and fees incurred, til paid in full. Fifth Note Principal $125,476.71 Late Fees $ 0.00 Interest (through 8/13/2012) $ 4,415.60 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 12,547.67 Total: $142,639.98* *Plus interest per diem at $21.83, along with additional costs and fees incurred, til paid in full. Credit Agreement Principal $74,943.22 Late Fees $ 50.00 Interest (through 8/13/2012) $ 4,066.63 Costs of Suit (estimated) $ 200.00 Attorney Fees $ 7,494.32 Total: $86,~54.17* *Plus interest per diem at $8.72, along with additional costs and fees incurred, it paid in full. Grand Total: $709,628.56** * * Plus interest per diem at $111.28, alo with additional costs and fees ' ~ urr d, until paid in full. a Date: J?. d76/~ Pr otary I FlLE~ ('h,:ms I I-7?0 ~1embcrslst~.l 1470 CurrentA11470 122 HeustesA11470 I'_'_pral wpd Christopher E. Rice, Esquire Attorney I.D. No. 909].6 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MART'SON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS I ~'~ FEDERAL CREDIT UNION, Plaintiff v. ROLLAC_'E E. HEUSTESS and BARBARA A. HEUSTESS, Defendants r~ __ r ~. # _.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 5111 CIVIL. TF;RM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter, (1) directed to the Sheriff' of Cumberland County; (2) against Rollace E. Heustess and Barbara A. Heustess, Defendants; and 3) execute against real property known as 28 & 30 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania, owned by Defendants Rollace E. Heustess and Barbara A. Heustess, and identified on Exhibit "A" attached hereto; and against real property known as 78 West Main Street, New Kingston, Cumberland County, Pennsylvania, owned by Defendants Rollace E. Heustess and Barbara A. Heustess, and identified on Exhibit "B" attached hereto. Principal Balance: $624,058.40 Interest past due as of August 13, 2012: S 21,789.3 Interest accruing at $111.28 per day from August 13, 2012: $__ ___ _____ Late Fees: $ l i `x.00 Court Costs and Fees: fittornev's Fees: $ 62,405.83 ~~~ sty ~~' ~-~ ~~ ~~.J77 ~~~'~r~ Total Due: $ * "I'o be determined by the Cumberland County Sheriff. I certify that: (a) This Praecipe is based upon a judgment by confession; and (b) Notice will be served at least thirty days prior to the date of the sheri fl s sale of real property pursuant to Rule 2958.2. MARTSON LAW OFFICES Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ~~ -. / T- /Z Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members ls` Federal Credit Union and any information obtained will be used for that purpose. a ~, s,~ ~ .~, ~ ~ o~ ~.,~~, r~~ a .as' ~~,~.~e_ EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN tract of land situate on the Fast side of North Market Street, in the Third Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the northeast corner of Market Street and Strawberry Alley; thence North along the eastern line of Market Street, sixty-seven and one-tenth (67.1) feet to a point at corner of Lands now or formerly owned by the Pennsylvania Railroad Company; thence along the same, North 70 degrees 20 minutes East, one hundred fifty-three (153) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly ofJohn S. Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one-tenth (30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West, twenty-nine and one-tenth {29.1) feet to a point marked by a nail on the line of property now or formerly of Ilarold Stone; thence by the same in a southwardly direction, thirty-seven (37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction, one hundred twenty-three and nine-tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North. Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and Fast thereof. TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE F,. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 151 Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "B" DOCKET N0.2012-5111 ALL, THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey by Ernest J. Walker, P.E., dated September 26, 1974, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 1 l and lands now or formerly of Potteiger, said point being 40 feet West of an x-out in concrete on U.S. Route 11 and aright-of--way for drainage; thence South 85 degrees 52 minutes West (incorrectly referred to as South 65 degrees S2 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 minutes West, a distance of 160.20 feet to a wall of a frame garage: thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall, North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x-out in concrete at other lands now or forn~erly of said Potteiger, thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, North 85 degrees 52 minutes East, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 0~ degrees 08 minutes Fast, a distance of 160.20 feet to the north side of U.S. Route 1 I, the place ofBEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pilo;. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVF, NUMBER AND T~I?RM. This is a debt collecting firm attempting to collect a debt for Members 13` Federal Credit Union and any information obtained will be used for that purpose. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL`JANIA) COUNTY OF CUMBERLAND) NO 2012-5111 Civil CIV[L ACTION -LAW' "E~O THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Members ls` Federal Credit Union Plaintiff (s) From Rollace F.. Heustess and Ba-•bara A. Heustess (I 11'ou are directed to levy upon the property of the defendant (s)and to sell see legal description . (3) 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 garnishees 1 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; (~ } 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 statf;d. Amount Due $624,058.40 L.L. $$.50 Interest past due as of August 13, 2012 $21,789.33 Interest accruing at $111.28 per day from August 13, 2012 Atty's Comm °/o Atty Paid $77.00 Plair..tiff Paid Due Prothy $2.25 Other Costs Late Fees $175.00 Attorney's Fees $62,405.83 Date: October 17, 2012 (Seal) RE=.QJES"PING PARTY: Name : Christopher E. Rice, Esq. Address: Martson Law Offices Ten East High St. Carlisle, PA 17013-3093 Attorne~~ for: Plaintiff David D. Buell, Prothonotary y ~-~~'-- Deputy I~elephone: 717-243-3341 Supreme Court ID No. 90916 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth "1'. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle. PA 17013 (717) 243-3341 Attorneys for Plaintiff _ ~ .,, MEMBERS 1 sr FEDERAL CREDIT UNION. Plaintiff ~~. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY„ PENNSYLVANIA NO. 2012 - 51 1 l CIVIL. TF,RM AFFIDAVIT PURSUANT TO RULE 3129.1 '.Members 1 S1 Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 78 West Main Street, New Kingstown, Cumberland County, Pennsylvania, and as further described in Exhibit "A" attached hereto: 1. Name and address of owner(s) or reputed owner(s): Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 2. Name and address of defendant(s) in the judgment: Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1 S` Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 1'7055 Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 1 "7055 Borough of Mechanicsburg c/o David J. Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 17055 Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050 Jonestown Bank & Trust Company Attn: Susan Reiner P.O. 13ox 717 Jonestown, PA 17038 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 ~~. Name and address of the last recorded holder of every mortgage of record: Members 1S1 Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 VNB Mortgage Corporation P.O. 13ox 26388 Richmond, VA 23260 S. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Citibank, N.A. 701 East 60`~ Street North Sioux Falls, South Dakota 57117 Citibank, N.A. c/o Neil Sarker, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 [ssa Moussa Seyni 19 Gettysburg Pike, Apt. 4 Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject t:o the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. MARTSON LAW OFFICES Date: /G .- ~ 7 -- / 2- By: Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members ls` Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012-5111 .ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey by Ernest J. Walker. P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 1 l and lands now or formerly of Potteiger, said point being 40 feet West of an x-out in concrete on LI.S. Route 11 and aright-of--way for drainage; thence South 85 degrees 52 minutes West (incorrectly referred to as South 65 degrees 52 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route 1 1 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 minutes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall, North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x-out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, North 85 degrees 52 minutes East, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes East, a distance of 160.20 feet to the north side of U.S. Route 11, the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. 1'O BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS ANL> BARBARA A. HEUSTESS ON JUDGMENT :ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members ls` Federal Credit Union and any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney LD. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS l sT FEDERAL CREDIT UNION.. Plaintiff v. ROLI,ACF_. E. HEUSTESS and BARBARA A. HEt1STESS, Defendants ~, t , ,.. IN THE COURT OF COMMON PLE.~S OF CUMBERLAND COUNTY, PF,NNSYLVANIA NO. 2012 - 51 l 1 CIVIL, TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1 s, Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 28 & 30 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania, and as further described in Exhibit "A" attached hereto: 1. Name and address of owner(s) or reputed owner(s): Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 1'7050 2. Name and address of defendant(s) in the judgment: Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 1",'050 Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 11050 K 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1 S` Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Borough of Mechanicsburg 36 V~'est Allen Street Mechanicsburg, PA ].7055 Borough of Mechanicsburg clo David J. Spotts,l=squire 36 West Allen Street Mechanicsburg, PA 17055 Hampden Township 230 South Sporting I-Iill Road Mechanicsburg, PA 17050 Jonestown Bank & Trust Company Attn: Susan Reiner P.O. Box 717 Jonestown, PA 17038 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 -l. Name and address of the last recorded holder of every mortgage of record: Members 151 Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Citibank, N.A. 701 East 60`" Street North Sioux Falls, South Dakota 57117 Citibank, N.A. c/o Neil Sarker, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Issa Moussa Seyni 19 Gettysburg Pike, Apt. 4 Mechanicsburg, PA ] 7055 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Dept. 290946 Harrisburg, PA 17128 Jonathan M. McGuire' 906 North Pitt Street, Rear Carlisle, PA 17013 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. MARTSON LAW OFFICES Date: '~ Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members 1s1 Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the "Third Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded anal described as follows: BEGINNING at the northeast corner of Market Street and Strawberry Alley; thence North along the eastern line of Market Street, sixty-seven and one-tenth (67.1) feet to a point at corner of bands now or formerly owned by the :Pennsylvania Railroad Company; thence along the same, North 70 degrees 20 minutes East, one hundred fifty-three (153) feet to a post at the corner of lands now or formerly ofthe said Pennsylvania Railroad Company and lands now or formerly of John S. Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one-tenth (30.1) feet to a point on the line of property now or formerly of I-Iarold Stone; thence along the same, South 70 degrees 20 minutes West, twenty-nine and one-tenth (29.1) feet to a point marked by a nail on the line of property now or formerly of Harold Stone; thence by the same in a southwardly direction, thirty-seven (37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction, one hundred twenty-three and nine-tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. "TOGETHER with and. subject to easements and restrictions of record. I'O BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. IIF?USTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members Is` Federal Credit Union and any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney LD. No. 203046 MAR'I'SON LAW OFFICES 10 East High Street Carlisle., PA 17013 (717) 243-3341 Attorneys for Plaintiff ,~. , MEMBERS ls' FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BAKBARA A. HEUSTESS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 511 I CIVIL 'T'ERM NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Barbara A. Heustess A judgment in the amount of $709,628.56 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for March 6, 2013. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. 1. YOI: MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS, II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESF,NT IT TO A .IUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH TFIIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYF,R. IF YOL? 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 F EE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES Y ` Christopher E. Rice, Esquire Attorney LD. No. 90916 Seth 'T. Mosebey, Esquire Attorney LD. No. 203046 I 0 East High Street Carlisle, PA 17013 (717) 243-3341 Date: '-:~ _ / %'' , ~ ~ Attorneys for Plaintiff f ~~ Christopher E. Rice, Esquire Attorney I.D. No. 909 16 Seth '1,. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON L,AW OFFICES 10 East High Street Carlisle, PA 17013 (7171 243-3341 Attorneys for Plaintiff ~ ~r~•.. ,_ ;; ~- ,, , MEMBERS 1'~~ FEDERAL CREDI"C iINION, Plaintiff ~~. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA NO. 2012 - 5111 CIVIL., TI=;RM NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Rollace E. Heustess A judgment in the amount of $709,628.56 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale :has been scheduled for March 6, 2013. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. L YOU MUST PILE A PETITION SEEKING RELIEF FROM THE JUDGMEN"I' AND PRESENT I"I' TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOiJ OR YOU MAY' LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DAT'F_, ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF' YOU DO NOT IIAV11 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT MIRING 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 1~EE. Cumberland County Bar Association :34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney LD. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ; i~ _ ~ ~_ / 2 Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth "I'. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON I_,AW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-341 Attorneys for Plaintiff ~- : i I fir` L, ___ w.. -pi MI~:MBERS 1'~~ FEDERAL CREDIT i TNION_ Plaintiff v, ROLLACI E. HEUSTESS and BARBARA A. HEUSTESS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY"LVANIA NO. 2012 - 5111 CIVIL, TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff s Sale of Real Property will be held on March 6, 2013, by the Cumberland County Sheriffs Office, at the Cumberland County Courthouse. 1 Courthouse Square. Carlisle. Pennsylvania, at 10:00 a.m., prevailing local time. "I'HE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the meastu-ed boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED HERETO). THE LOCATION of the property to be sold is 28 & 30 North Market Street, Mechanicsburg, Pennsylvania, and 78 West Main Street, New Kingstown, Pennsylvania. ~'HE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 201?_-51 11. Cumberland County C.C.P., Pennsylvania. "fHE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY are Rollace E. Heustess and Barbara A. hleustess. f^~ SCHF,DULE OF DISTRIBUTION, being listed of the persons and'or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed tapes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of the sale in accordance Frith this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (7171240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect are interest you have in the real property. It may cause your property to be held, sold or takf;n to pay t:he .l udgment. 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 NOTICE AND THE WRIT OF EXECt1TION TO YOUR LAWYER AT ONCE. IF YOU DO ;~1OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERI: YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES ~" rG~ >; '' '~~' ~ ~ ~--- r~ 2-. Date: 1' ~ ~~ __ Christopher E. Rice, Esquire I.D. 90916 Seth T. Mosebey, Esquire 1.D. 203046 10 East H igh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members ls' Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the northeast corner of Market Street and Strawberry Alley; thence North along the eastern line of Market Street, sixty-seven and one-tenth (67.1) feet to a point at corner of Lands now or formerly owned by the :~ennsylvania Railroad Company; thence along the same, North 70 degrees 20 minutes East, one hundred fifty-three (153) feet to a post at the corner of lands now or formerly of the said PennsylvaniaRailroad Company and lands now or formerly of John S. Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one-tenth (30. I) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West, twenty-nine and one-tenth (29.1) feet to a point marked by a nail on the line of property now or formerly of Harold Stone; thence by the same in a southwardly direction, thirty-seven (37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction, one hundred twenty-three and nine-tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. IIFtSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 1g` Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "B" DOCKET N0.2012-5111 ALL THAT CERTAIN Iot of land and the improvements thereon e~xected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland. County, Pennsy{vania, bounded and described in a survey by Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route I l and lands now or formerly of Potteiger, said point being 40 feet West of an x-out in concrete on U.S. Route Hand aright-of--way for drainage; thence South 85 degrees 52 minutes West (incorrectly referred to as South 65 degrees 52 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route l 1 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 minutes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall, North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x-out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, North 8.5 degrees 52 minutes East, a distance of 12 feet to a point at other lands now or formerly of said Pot eiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes East, a distance of 160.20 feer. to the north side of U..S. Route 11, the plao,e of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HE~USTESS ON JUDGMENT E?NTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 15C Federal Credit Union and any information obtained will be used for that purpose. t Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants FLFt~-OFFl~F TH£ PROTHONO~"~~~'~ FiLE~~ ` ''~ THE P' 20f2OCT 31 AM t~_ 4D ~`7OCi' ; CUMBERLAND C(IUNIY :=~MBERI.. PENNSYLVANIA PENN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 5111 CIVIL TERM AFFIDAVIT OF NOTIFICATION Christopher E. Rice, Esquire, attorney for Plaintiff, first having been duly affirmed according to law, deposes and says that on or about th~2~ day of ~~~~ , 2012, he notified all lien creditors and any other parties listed in the 3129.1 affidavit of the sheriff's sale in the above- captioned action. Notification was sent by regular mail. The 3817 certificates of mailing are attached hereto. Affirmed and subscribed to before me this 3 ~s1~ day of ~ , 20 ~2 . ~ ~ ~ No ublic cor~MONw ~TM of ~ru~-varw Naarial sea- Mary M. Prate, Notary Public CaiMMe •oro, pNnpariand County I-u9.18, 2015 TiON OF NOTARIES Date: ~p/.~j/~ ~~ s2 Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1" Federal Credit Union and any information obtained will be used for that purpose. { ~~l~lM~t~Ty~eC1ST~TkS Certificate Of '~~a~sc~~ ~ .n f"Liila~i~.~.~ i~~~ing mC, 1t~~ panYw ~s1lMlaa tratmd iAp beal PreasnRed b USPS®ror msiNng. TMs fo~rm~ms~y bt used 16r domestlc and InMrnatbnal maN. ~ f>- ~ ~ ~'v , i From: ~ `` ,, OFFICES ~ °'~ ~ ~ "r: ', ~~ ~) a 3:. ~ __ m Carlisle PA `~~ '; ~<~ ,d3~St~H T°~ Members 1st Federal Credit U M1 °"` °~' ~ y~~ .. ~ . ou se rive ~p~ ~~ ec anics urg, _~ PS Form X17, AprN 2007 PSN 7830-02-000-9065 "~~~~ UNITEQ~~TFS 3Jbr1SOd ~Sfl', ..~AII~~ PtJS1/iL S Certificate Of rnl. c~rlncar. er ~+JIC~ Mailing Thls tam ~~ erldanea tliN rtw,il hes ~^ Draaented t° USPS® ror maiii ~ ~ ~ '' ^aY ~ wad damsstla and IrArra~nal maN. ng' 1... -. From: ~) OI ~ ~ c;. 4) r., a^d s= ; ~V tit) ~ LL i t°" IO East ~jj ``: ~' ~ "' $ ~, ar is e, PA 17013 R~~ d3~StYH ~< r°' VNB Mort a e Cor oration ~ ti °~ c~ ~; P.O. Box 26388 ~ Richmond, VA 23260 s-£~~~` PS Form 3$17. AoriF 2007 PSN 75An119snn_nncc -~+~~ Certifksb Of POST1lL s~I/KE~ Mailing rnla CertlMeare or MNMq provides evidara:~ tint maY raa been presented ro USPS® for mailing. 3 ~7'd1S Od ~a f 1 I This ram may be used ror danestlo and InMmsUornl maN. From: R N LAW OFFICES ~- ra ;~ ,I OI u') h- ~ CF 07 ~.,, Cv ~ ~. !`~~ tom!') V Q I iV ,. ~ r) '~' nt tt I A + o ~~ r°` Issa Mousses Se ni d~ ~p~+ ~ ~J3~StfH 19 Gettysburg Pike, Apt. 4 ~~ Mechanicsburg, PA 17055 PS Forth 3817, AprN 2007 P8N 7530-02-000-8065 r U~VIFEDSTQTES Certificate Of ~~3~~~~1~c~~ ~~~ POST/1t SERVtCE~ Mailing Thh t,ertlflpM °~ (41sNYrq proybM svidsnee that med has been presented b USPS~ for mailing. .r~ This form msy W used for domesga and Intsrnationsl mail. From: ~ u~ Q~ ~'~ `-' of ~ c'v `~ ~ r E' lf~ ~ O i ~ P l^v w. ~- C G Carlisle PA 1 0 ~s ~- ~ ~" r? ~t~'' ~d3~5t~H ~.~- ~ ~ _, ro: Jonathan M. McGuire f~ ~,r 906 North'Pitt Street, Rear 6_ti Carlisle, PA 17013 PS Form 3817, AprN 2007 PSN 7530-02-ppp..g065 3J'd1SOd Sfl UAiill'~'LiST,QTES CertlAcst~ Of POST/!E SERVlCER Mailing Thh GrdfleNa d Msi~np pmNdaa eyidsncd Mwt mail has been presented b USPS®fix mailing. C ~_ This farm maybe wed I x domeega and IMsmetlanal mail. ~; ~~ QI Prom: I~ ~7 ~ O r N ~ MARTSON LAW OFFICES i ~~ ~ T.. N ~ ~ n u- fm ~a~~ h ~ ~ O ~ s d3~ISVH c ` r°~ Citibank, N.A. '~°"'~ A 701 East both Street Nor ~SR~ ~ ~ O~~ _ _ _ Sioux Falls, SD 57117 P3 Fomr 31117, AprN 2007 P3N 7530-02-000-9065 :.. r..!~;~rr ^r:. rr:J_fF UNITEDSF/STES HASLEF; Certificate Of d SE Mailin ~ `, Thh CertlfkaM d provklss eMdafKy tlat msil has been presented to USPS® Ier maili a ~ ~ -L 'i this form msy be wed br duneatlc enQ InMnetloml meN. ~ .n N ~..~ 4n From: O A tTt J ~ ~ to MARTSON LAW OFFICES o N wo <r t W i US POSTAGE r°: Commonwealth of Pennsyl a _Dep f Reve$'~ ~f° Bureau of Compliance ~ ,'-v` ~ J~ ~~' Dent. 2 Harrisburg, PA 17128 ~=-- PS Form 31117, Iipr112007 P3N 7530-02-000-9065 f/~NTE~~S CertfAcat! Of TAIL. SEA Mailing 7hN CMMketa d Mailk+g providaa guidance that mail has been presented to USPS'a for mailing. Thb form may be used for domesde and Intematbnal mail. From: Tsarr ~w o~~_ '~5- f / ~~' l?~ ~~ Borough of Mechanicsburg \°~ ~ ~i~ chid .I Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 7 PS Ftxm 3S1 T, AprN 2007 PSN 75~-02-000-9085 tlN1TEDST/3TES Certificate Of iPC1STait SERVICE Mailing T-+a C.artlficaM d W ovidaa evidwlea that mak has bean presented to USPS~ for mailing Thb form may be used domasgo and Intematlonal mail. From; iO~l~CI,-~ <,,~,,., ti ®! `V r 07 ~ n ,- ,~, r _ E l1'D ~Y a In ~ N w :I. ~ O W :ro r- ca ~~~sdH !J'd1SOd Sfi ~Y. Q) ~ N ~ 'r' E u~ n ~ r N pt ~:_ ~ C> h a :~ O ~ ,d3~ISdH 15orough oT Mechanicsburg PS Fexm 3S1T, AprN 2007 P3N 75313-02-000-9085 UNITEDST/~TES Certificate Of PO~SERVICE~ Mailing Thai CartlHCala of ~~+9 Pr~Idaa evidarca that mstl has been presented W USPSCs~ for mailing. Th4 Corm may W used for domesdo and Internatlonal mail. Fnsm: 1 U East High Street /CST !`~rlicln PA 17013 / .''a'~.~~,~.. r. ~ ~_'~' {'• ~~f~~~~ 3J't/1SOd SCE r7 ; ~) ~~ ~ r- t[) o cu ~ E ~ o, u~ + ~. i ~ ~ o ~j r- o ~. ~y3~ISt~H Mechanicsburg, PA 17050 PS Fofn~ ~1T, Aq/ 2a0T PSN 7830-t3d-000-9085 Mechanicsburg, PA 17055 230 South~Sporting Hill Road T337"~'ir"g'S Certifl~a~ Of ~~"~~.i S r :, 3 I~STi!!L SERVK~,t Mailing rnia GrMflesls of MaNkig pr°vldy svida~f~ tlM maN has bear presented to USPS~' for maitirp. This farm may he wer) for damesdc and Intemetional mad. ~' From: i!i Oi ~ CV ~y t" MAUTSA~i ~~ ~~ u ~a= ~. ~_ ~ a . 10 East H ~= r igh Street ~, 4^: ~~ Carlisle, PA 17013 ,d3~1Sb'H -~`. it r°` Jonestown Bank & Trust C n r.., ~ Attn: Susan Reiner -moo `~ P.O. Box 717 /, `° ~ Jonestown, PA 17038 66' PS Forrn 3817, April 2007 PSN 7530-02-000-9065 Certif~ca~ Of rnh CartNleNa of MaMnp Pragdaa ~ae~ tl1M mait has Esen presented b ThM corm may ba wad ICx daneaget and InMnatlonal maN. From: Hailing ~1SOd SCP 3J P•~ ~, .~ 'fl n ~ o rr,. . ~ r (V ~ I ~/ Z ~ ~ ~ d3lSb'H ' r°~ Citibank, N.A., c/o Neil Sarker, Esquire Burton e~; ssoc ates, . ~, 1060 Andrew Drive, Suite 170 West Chester, PA 19380 PS Forth 3e1), Ap# 2007 PS~17530-OZ.()pp_g0f15 UNITES) ST,aTES Certificate Of POST/~L SERV/C~t Mailing rnls Cartlnrata or providaa avirMrrea twat mad has Crean presented to USPS~ for mailing. P-IA'SLEF; This form may ba used 16r domaagrs and Inbrrrotlonal mail. 3 t,1 From: GAR oT -' ~ / o. o Efl i ::z C i MARTSON LAW `; ` ~ A a 'r, ~ ' ~ j -' <~ 10 East High Street ' ; ; ~ N ~ r.n i-=. , ., w ~d, O L i r°~ Cumberland County Tax Claim Bureau US POSTA,CEI 1 Courthouse Square -Old Courthouse Room 106 Carlisle, PA 17013 PS Fern 3e17, AprM 2007 PSN 7S~0-OT-a00-90Q6 1 L Of F " J FAF1LES\C1ients\1 1470 Members I st\1 1470 Current\]1470.122 Heustess\1 1470.122.pra reissue writ.wpd !T H E P R 0 T f 4 Christopher E. Rice, Esquire 2913 APR -5 PM 1'e-1: 2 1,, Attorney I.D.No. 90916 Seth T. Mosebey, Esquire CUMBERLAND 6 U'Lji'�1-'j' Attorney I.D. No. 203046 PENNSYLVAINIP% MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS I ST FEDERAL CREDIT IN THE COURT OF COMMON PLEAS OF UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants PRAECIPE TO REISSUE WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Barbara A. Heustess, Defendant; and (3) execute against real property known as 28&30 North Market Street,Mechanicsburg, Cumberland County, Pennsylvania, owned by Defendants Rollace E. Heustess and Barbara A. Heustess,and identified on Exhibit"A"attached hereto;and against real property known as 78 West Main Street,New Kingston, Cumberland County,Pennsylvania,owned by Defendants Rollace E. Heustess and Barbara A. Heustess, and identified on Exhibit"B"attached hereto. Principal Balance: $624,058.40 Interest past due as of August 13, 2012: $ 21,789.33 Interest accruing at$111.28 per day from August 13, 2012: $ Late Fees: $ 175.00 Court Costs and Fees: $ Attorney's Fees: $ 62,405.83 Total Due: $ * To be determined by the Cumberland County Sheriff. I certify that: (a) This Praecipe is based upon a judgment by confession; and (b) Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 2958.2. MARTSON LAW OFFICES By: Christopher E. Rice, Esquir I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ` /S//3 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1"Federal Credit Union and any information obtained will be used for that purpose. r EXHIBIT "A" DOCKET NO.2012 - 5111 i ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward of the Borough of Mechanicsburg,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at the northeast corner of Market Street and Strawberry Alley;thence North along the eastern line of Market Street, sixty-seven and one-tenth(67.1)feet to a point at corner of Lands now or formerly owned by the Pennsylvania Railroad Company;thence along the same,North 70 degrees 20 minutes East,one hundred fifty-three(15 3) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S.Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one-tenth (30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West,twenty-nine and one-tenth(29.1)feet to a point marked by a nail on the line of property now or formerly of Harold Stone;thence by the same in a southwardly direction, thirty-seven(37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction,one hundred twenty-three and nine-tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 1"Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward of the Borough of Mechanicsburg,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at the northeast corner of Market Street and Strawberry Alley;thence North along the eastern line of Market Street, sixty-seven and one-tenth(67.1)feet to a point at corner of Lands now or formerly owned by the Pennsylvania Railroad Company;thence along the same,North 70 degrees 20 minutes East, one hundred fifty-three (153) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S.Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one-tenth(30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West,twenty-nine and one-tenth(29.1)feet to a point marked by a nail on the line of property now or formerly of Harold Stone;thence by the same in a southwardly direction, thirty-seven(37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction,one hundred twenty-three and nine-tenths (123.9) feet to a point,the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 1"Federal Credit Union and any information obtained will be used for that purpose. K Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire 1 t ^L Attorney I.D. No. 203046 OF T HE P R 0 TH 0�id-!A FR F" MARTSON LAW OFFICES 10 East High Street 2013 APR 24 AM 10' 41 Carlisle, PA 17013 (717) 243-3341 CUMBERLAND COUNTY Attorneys for Plaintiff PENNSYLVANIA MEMBERS 1sT FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Writ of Execution,Notice of Sheriff's Sale,and Notice Under Rule 2958.2 were personally served upon Defendant at 304 Branch Way, Millsboro, Delaware 19966. Attached is the Return of Service form signed by the Sussex County, Delaware, Sheriff's Office indicating cost of service of$80.00. MARTSON LAW OFFICES _ B y Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No.203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this altX day April, 2013.. COMMONWEALTH OF PENNSYLVANIA 70rarial sea! [:cariisie ry M.Pace,Notary Public 1 soro,cumoeland County mmisslon c Tres Aug.18,2015 NO ar6rPublic MtaMB fi,PEN VAN N EIF N9Tho's` THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR MEMBERS 11T FEDERAL CREDIT UNION.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SUSSEX COUNTY SHERIFF'S OFFICE C STATE OF DELAWARE P.O. Box 948 Georgetown, DE 19947 Sheriff Sales 302-855-7735 Civil and Criminal 302-858-5519 Fax 302-855-7832 www.sussexcountyde.gov AFFIDAVIT OF SERVICE STATE OF DELAWARE COUNTY OF SUSSEX I HEREBY CERTIFY that on this 15th day of April, 2013, before me,the subscriber, a Notary Public of the State and County aforementioned, personally appeared Gary Wright and made oath in due form of law that he served a copy of a Out of State Document to Barbara A Heustess at 304 Branch Way Millsboro, De 19966 Cw VA VU I� and made oath in due form of law that he is authorized to serve proves under the law of the State of Delaware and the County of Sussex. AS WITNESS my hand and Notarial Seal, the day and year first above juen. )4oiary+ublic My Commission expires: AMY ARGO-JONES NOTARY PUBLIC STATE OF DELAWARE My Commission Expires on September 14,2016 Signature--of—S—he-"ri'-ff/D ty Making Servi Sussex County Sheriffs Office SERVED AN OUT OF STATE COURT DOCUMENT (PERSONALLY SERVED) Agency Case Number OUT OF STATE 2012-5111 Case Name Description MEMBERS i ST FEDERAL VS BARBARA HEUSTESS SER Type Circuit OUT-OF-STATE Return To Date Received Date Expired OUT OF STATE/PA 04/08/2013 I I Party to be Served BARBARA A.HEUSTESS Last Name First Name Middle Name Jr/Sr HEUSTESS BARBARA A Date Of Birth 1 / Social Security Number Sex UNKNOWN Horne Address 304 BRANCH WAY MILLSBORO,DE. 19966 Work Name Work Address Home Phone Bus Phone Work Phone Alt Phone Served On 04/12/2013 Service Fee S 80-00 Mileage Charges $ 0.00 Additional Notes Deputy Gary Wright made personal service of this Court Document. So Answered _ � . _ Sheriff Returned De ty/Clerk Reason for papers not served: Wrong address for defendant Defendant has moved Other Reason Papers Served Printed 04/15/2013 09:03:59 AM (c)1994-2004 Information Technologies,Inc. St.Louis,MO(314)991-9115 s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Ft�. 0- F ICt` Sheriff rs r ' rx Of iranG THE Pit i r�� �11i ,1v Jody S Smith �y�rrt+ � '�� Chief Deputy a JUL ! Richard W Stewart CUi SwPiLAND COUNTY Solicitor OFFICE OF THE SRERIFF PENNSYLVANIA Members 1st FCU vs. Case Number Rollace E Heustess(et al.) 2012-5111 SHERIFF'S RETURN OF SERVICE 01/03/2013 05:53 PM-Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 78 West Main Street Formerly No. 78 West Carlisle Pike, New Kingstown, PA 17072, Cumberland County, 01/03/2013 05:55 PM-Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 28& 30 North Market Street, Mechanicsburg, PA 17055, Cumberland County. 01/07/2013 02:40 PM -Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be EMILY INNERS (FRIEND), who accepted as"Adult Person in Charge"for Rollace E Heustess at 237 Ridge Hill Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 02/06/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Barbara A. Huestess, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 237 Ridge Hill Road, Mechanicsburg, PA 17050, defendant does not reside at address stated, current resident does not know of whereabouts of Barbara A. Huestess, defendant did not leave a forwarding at post office. 02/27/2013 As directed by Christopher E Rice, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/5/2013 06/04/2013 As directed by Christopher E Rice,Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/09/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned"stayed", per letter of instruction from Attorney. SHERIFF COST: $1,80474 SO ANSWERS, )/ July 12, 2013 RbNPrY R ANDERSON, SHERIFF {c}GountySOte Sheriff,Teieosoft,Inc. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1"Federal Credit Union,Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 28 &30 North Market Street,Mechanicsburg,Cumberland County,Pennsylvania, and as further described in Exhibit "A"attached hereto: 1. Name and address of owner(s) or reputed owner(s): Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 2. Name and address of defendant(s) in the judgment: Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 3• Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 Borough of Mechanicsburg c/o David J. Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 17055 Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050 Jonestown Bank & Trust Company Attn: Susan Reiner P.O. BOX 717 Jonestown, PA 17038 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 4• Name and address of the last recorded holder of every mortgage of record: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Citibank,N.A. 701 East 60" Street North Sioux Falls, South Dakota 57117 Citibank,N.A. c/o Neil Sarker, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Issa Moussa Seyni 19 Gettysburg Pike,Apt. 4 Mechanicsburg, PA 17055 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Dept. 290946 Harrisburg,PA 17128 Jonathan M. McGuire 906 North Pitt Street, Rear Carlisle, PA 17013 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C".S. 4904 relating to unworn falsification to authorities. MARTSON LAW OFFICES Date: fp j 7-/Z— By: 0-z 6 S- 1-- Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members 1'Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT"A" DOCKET NO. 2012 -5111 ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward ofthe Borough of Mechanicsburg,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at the northeast comer of Market Street and Strawberry Alley; thence North along the eastern line of Market Street, sixty-seven and one-tenth(67.1) feet to a point at comer of Lands now or formerly owned by the Pennsylvania Railroad Company;thence along the same,North 70 degrees 20 minutes East, one hundred fifty-three (153) feet to a post at the comer of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S.Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one-tenth (30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West,twenty-nine and one-tenth(29.1)feet to a point marked by a nail on the line of property now or formerly of Harold Stone;thence by the same in a southwardly direction,Ahirty-seven(37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction,one hundred twenty-three and nine-tenths (123.9) feet to a point,the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members I"Federal Credit Union and any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1St Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 78 West Main Street, New Kingstown, Cumberland County, Pennsylvania, and as further described in Exhibit "A" attached hereto: 1. Name and address of owner(s) or reputed owner(s): Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 2. Name and address of defendant(s) in the judgment: Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1"Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 Borough of Mechanicsburg c/o David J. Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 17055 Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050 Jonestown Bank& Trust Company Attn: Susan Reiner P.O. Box 717 Jonestown, PA 17038 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 . 4. Name and address of the last recorded holder of every mortgage of record: Members Is'Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 VNB Mortgage Corporation P.O. Box 26388 Richmond, VA 23260 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Citibank,N.A. 701 East 60" Street North Sioux Falls, South Dakota 57117 Citibank,N.A. c/o Neil Sarker, Esquire Burton Neil& Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Issa Moussa Seyni 19. Gettysburg Pike, Apt. 4 Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. MARTSON LAW OFFICES Date: _-I-7-- l Z By: ow/7 Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members 1"Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012-5111 ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township,Cumberland County,Pennsylvania,bounded and described in a survey by Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 11 and lands now or formerly of Potteiger,said point being 40 feet West of an x-out in concrete on U.S.Route 11 and a right-of-way for drainage;thence South 85 degrees 52 minutes West(incorrectly referred to as South 65 degrees 52 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 minutes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall,North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x-out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east,a distance of 29.79 feet to a point;thence along said garage, North 85 degrees 52 minutes East, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes East,a distance of 160.20 feet to the north side of U.S.Route 11,the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 1"Federal Credit Union and any information obtained will be used for that purpose. ti Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D.No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff s Sale of Real Property will be held on March 6,2013,by the Cumberland County Sheriffs Office, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property,together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED HERETO). THE LOCATION of the property to be sold is 28 & 30 North Market Street, Mechanicsburg, Pennsylvania, and 78 West Main Street, New Kingstown, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2012-5111, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY are Rollace E. Heustess and Barbara A. Heustess. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are i owed taxes) will be filed by the Sheriff within thirty(30)days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it within ten(10)days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held,sold or 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By: f Y• Christopher E. Rice, Esquire I.D. 90916 Seth T. Mosebey, Esquire I.D. 203046 10 East High Street Carlisle, PA 17013 / /Z (717) 243-3341 7_ Date: �� I Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members V Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward ofthe Borough of Mechanicsburg,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at the northeast comer of Market Street and Strawberry Alley;thence North along the eastern line of Market Street, sixty-seven and one-tenth(67.1)feet to a point at comer of Lands now or formerly owned by the Pennsylvania Railroad Company;thence along the same,North 70 degrees 20 minutes East,one hundred fifty-three(153) feet to a post at the comer of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S.Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one-tenth (30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West,twenty-nine and one-tenth(29.1)feet to a point marked by a nail on the line of property now or formerly of Harold Stone;thence by the same in a southwardly direction, thirty-seven(37) feet to an iron pin in the northern line of Strawberry -Alley; thence along said northern line of Strawberry Alley in a westwardly direction,one hundred twenty-three and nine-tenths (123.9) feet to a point,the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members I"Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "B" DOCKET NO. 2012-5111 ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township,Cumberland County,Pennsylvania,bounded and described in a survey by Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 11 and lands now or formerly of Potteiger,said point being 40 feet West of an x-out in concrete on U.S,Route 11 and a right-of-way for drainage;thence South 85 degrees 52 minutes West(incorrectly referred to as South 65 degrees 52 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 minutes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall,North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x-out in concrete at other lands now or formerly of said Potteiger;thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east,a distance of 29.79 feet to a point;thence along said garage, North 85 degrees 52 minutes East,a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes East,a distance of 160.20 feet to the north side of U.S.Route 11,the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 1"Federal Credit Union and any information obtained will be used for that purpose. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2012-5111 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due Members I"Federal Credit Union Plaintiff(s) From Rollace E.Heustess and Barbara A.Heustess (I)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$624,058.40 L.L. $$.50 Interest past due as of August 13,2012 $21,789.33 Interest accruing at$111.28 per day from August 13,2012 Atty's Comm % Due Prothy $2.25 Atty Paid $77.00 Other Costs Late Fees$175.00 Plaintiff Paid Attorney's Fees$62,405.83 Date: October 17,2012 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY; Name: Christopher E.Rice,Esq. Address: Martson Law Offices Ten East High St. TRUE Copy FROM RECORD' Carlisle,PA 17013-3093 In Testimoily whereof;I here unto set my hand and the sei"i of said Cou at arfsie,pa; Attorney for:Plaintiff � � This _f�day of 2`0 /.? Telephone: 717-243-3341 Prothonotary Supreme Court ID No.90916 .- i i i On October 25, 2012 the Sheriff levied upon the _ I defendant's interest in the real property situated in Mechanicsburg Borough and Silver Spring Township, i Cumberland County, PA, Known and numbered as, 28 and 30 North Market Street, Mechanicsburg and 78 West Main Street, Formerly No. 78 West Carlisle Pike, New Kingstown, more fully described on Exhibit i "A" filed with this writ and by this reference incorporated herein. I Date: October 25, 2012 By: i Real Estate Coordinator . i H :b V b 1 130 Z161 CUMBERLAND LAW JOURNAL Writ No. 2012-5111 Civil cent parking areas to the North and East thereof. Members lst FCU TOGETHER with and subject to VS. easements and restrictions of record. TO BE SOLD AS THE PROPERTY Rollace E. Heustess, OF ROLLACE E. HEUSTESS AND Barbara A. Heustess BARBARA A.HEUSTESS ON JUDG- Atty.: Christopher E.Rice MENT ENTERED AT THE ABOVE ALL THAT CERTAIN tract of land NUMBER AND TERM. situate on the East side of North ALL THAT CERTAIN lot of land Market Street, in the Third Ward of and the improvements thereon the Borough of Mechanicsburg,Cum- erected,situate in the Village of New berland County,Pennsylvania,more Kingstown, Silver Spring Township, particularly bounded and described Cumberland County, Pennsylvania, as follows: bounded and described in a survey BEGINNING at the northeast by Ernest J.Walker,P.E.,dated Sep- comer of Market Street and Straw- tember 26, 1979,as follows,to wit: berry Alley; thence North along the BEGINNING at a point on the eastern line of Market Street, sixty- north side of U.S.Route 11 and lands seven and one-tenth (67.1) feet to now or formerly of Potteiger, said a point at comer of Lands now or point being 40 feet West of an x-out formerly owned by the Pennsylvania in concrete on U.S. Route II and a Railroad Company;thence along the right-of-way for drainage; thence same,North 70 degrees 20 minutes South 85 degrees 52 minutes West East, one hundred fifty-three (153) (incorrectly referred to as South 65 feet to a post at the comer of lands degrees 52 minutes West in previous now or formerly of the said Pennsyl- instruments of record),a distance of vania Railroad Company and lands 40 feet to a point on U.S. Route 11 now or formerly of John S. Davis; and lands now or formerly of Frank thence along lands now or formerly Potteiger;thence along lands of said of the said John S. Davis, South 19 Potteiger, North 04 degrees 08 min- degrees,36 minutes East,thirty and utes West,a distance of 160.20 feet to one-tenth(30.1)feet to a point on the a wall of a frame garage;thence along line of property now or formerly of said wall and lands of said Potteiger, Harold Stone;thence along the same, South 85 degrees 52 minutes West, South 70 degrees 20 minutes West, 2.2 feet to a point;thence through a twenty-nine and one-tenth(29.1)feet partition wall, North 03 degrees 30 to a point marked by a nail on the minutes 20 seconds West,a distance line of property now or formerly of of 29.79 feet to an iron pin at an un- Harold Stone;thence by the same in named alley;thence along said alley a southwardly direction,thirty-seven and rear of garage,North 85 degrees (37)feet to an iron pin in the northern 52 minutes East, a distance of 30.5 line of Strawberry Alley;thence along feet to an x-out in concrete at other said northern line of Strawberry Alley lands now or formerly of said Pottei- in a westwardly direction, one hun- ger;thence along said lands now or dred twenty-three and nine-tenths formerly of Potteiger and through a (123.9) feet to a point, the place of partition wall, South 02 degrees 55 BEGINNING. minutes 45 seconds cast,a distance HAVING thereon erected a build- of29.79 feet to a point;thence along ing known and numbered as 28 and said garage, North 85 degrees 52 30 North Market Street,Mechanics- minutes East,a distance of 12 feet to burg, Pennsylvania, with the adja- a point at other lands now or formerly 63 CUMBERLAND LAW JOURNAL of said Potteiger;thence along other lands now or formerly of said Pot- teiger;South 04 degrees 08 minutes East,a distance of 160.20 feet to the north side of U.S.Route 11,the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A.HEUSTESS ON JUDG- MENT ENTERED AT THE ABOVE NUMBER AND TERM. 64 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25,February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 8 day of February, 2013 Natary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 � The Co. 2020 Technology Pkwy the atr1*otwXews Suite 300 Mechanicsburg, PA 17050 � ' Now you know' InquiKies ~ 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ' ' CARLISLE 'PA 17013 THE PATRIOT NEWS | THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No 587, Approved May 18, 1929 Commonwealth of Pennsylvania, County ofDauphin} ae Marianne K8Uka[ being duly sworn according to law, deposes and says: That she is m Staff Accountant ofThe Patriot News Co.. a corporation organized and existing under the laws ofthe Cnnnnnonvveo|th of Pennsylvania, with its principal office and place ofbusiness at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general c|nouisdioo, printed and published at 1900 Patriot Drive, in the Qty. County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established PNornh 4th. 1854. and September 18th. 1949. respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on thedube(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all ofthe allegations of this statement ao ho the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Pathot-NevvoCo. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of[}auphinin Miscellaneous Book"M", Volume 14. Page 317. mkW� � ^9��COPY ad ran mm the dmtm`�)shown below: �-Kb 'O0 01/22/13 2012-5111 C � 01129/13 Members Is*F U 02/$5/13 / Vs � ^ Rollame E Haustess » Barbara A Hmmmtess � \/x���' mt� � : �� �mpwereR�w / °`*'' ' ,' ' ' =. ' ' ' ' ' ' ' -' ' ' '~' ' ' ' ' ' ' ' ' ' ' ' ' ' ALL THAT CBKD0N tract of lando situate oo the East side of North Market 4 Sworn tMbscribed before me 14 da of Fah 2013A.D. Street,in the Third Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: If ooc ~_ _= w usoomxoNG at the northeast comer o of Market Street and Strawberry Alley; thence North Railroad Market Street, sixty-seven and one-ienth? (67.1)feet to a point at comer of Lands now or formerly owned by the Pennsylvania � PENNSYLVANIA hundred NoTth 10 depees M minutes Umt, one)i Notarial Seal ' coiner of lands=°=formerly of the said�J Washington TwP.,Dauphin County Pennsylvania Railroad Company and lands L my commission Expires Dec.12,2016 Iftow 01 lormelly of John S.Davis-,thence fl EFER,PENNSYLVANIA ASS N of NOTARIES S,Davis,South 19 degrees,alonglandsurny 38 minutes East, � __ _ is F:\FILES\Clients\11470 Members 1st\11470 Current\11470.122 Heustess\11470.122.pra.market street.wpd Christopher E. Rice, Esquire , ;, _ { Attorney I.D. No. 90916 { ' 1. Seth T. Mosebey, Esquire Attorney I.D.No. 203046 Elt;'; 1 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and • BARBARA A. HEUSTESS, • Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Rollace E. Heustess and Barbara A. Heustess, Defendants; and (3) execute against real property known as 28&30 North Market Street,Mechanicsburg, Cumberland County, Pennsylvania, owned by Defendants Rollace E. Heustess and Barbara A. Heustess, and identified on Exhibit"A" attached hereto. Principal Balance: $624,058.40 Interest past due as of August 13, 2012: $ 21,789.33 Interest accruing at $111.28 per day from August 13, 2012: $ Late Fees: $ 175.00 Court Costs and Fees: $ Attorney's Fees: $ 62,405.83 Total Due: $ * To be determined by the Cumberland County Sheriff. I certify that: (a) This Praecipe is based upon a judgment by confession; and (b) Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 2958.2. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: //0,/, Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members ls`Federal Credit Union and any information obtained will be used for that purpose. .2C 5-0 /7-/& g$ . so j t3 00 r7 L 2. •Z 5- blie 6. so J ig 3 ' ?d 749 .17 ee 3 oo/32) ix IL/ of g-A- Jsccep EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward of the Borough of Mechanicsburg,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at the northeast corner of Market Street and Strawberry Alley;thence North along the eastern line of Market Street, sixty-seven and one-tenth(67.1) feet to a point at corner of Lands now or formerly owned by the Pennsylvania Railroad Company;thence along the same,North 70 degrees 20 minutes East, one hundred fifty-three (153) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S.Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one-tenth(30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West,twenty-nine and one-tenth(29.1)feet to a point marked by a nail on the line of property now or formerly of Harold Stone;thence by the same in a southwardly direction, thirty-seven(37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction,one hundred twenty-three and nine-tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union and any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D.No. 90916 Seth T. Mosebey, Esquire i € J L'' -0 it E: t..7 Attorney I.D.No. 203046 MARTSON LAW OFFICES 10 East High Street '�'`�" Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. • : NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, • Defendants • AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1st Federal Credit Union,Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 28 &30 North Market Street,Mechanicsburg,Cumberland County,Pennsylvania, and as further described in Exhibit"A"attached hereto: 1. Name and address of owner(s) or reputed owner(s): Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 304 Branch Way Millsboro, DE 19966 2. Name and address of defendant(s) in the judgment: Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 304 Branch Way Millsboro, DE 19966 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 15`Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 Borough of Mechanicsburg c/o David J. Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 17055 Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050 Jonestown Bank& Trust Company Attn: Susan Reiner P.O. Box 717 Jonestown, PA 17038 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Members 1'Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Citibank,N.A. 701 East 60th Street North Sioux Falls, South Dakota 57117 Citibank,N.A. c/o Neil Sarker, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Issa Moussa Seyni 19 Gettysburg Pike, Apt. 4 Mechanicsburg, PA 17055 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Dept. 290946 Harrisburg, PA 17128 Jonathan M. McGuire 906 North Pitt Street, Rear Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. MARTSON LAW OFFICES Date: J b?//? By: Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward of the Borough of Mechanicsburg,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at the northeast corner of Market Street and Strawberry Alley;thence North along the eastern line of Market Street, sixty-seven and one-tenth(67.1)feet to a point at corner of Lands now or formerly owned by the Pennsylvania Railroad Company;thence along the same,North 70 degrees 20 minutes East, one hundred fifty-three (153) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S.Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one-tenth(30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West,twenty-nine and one-tenth(29.1)feet to a point marked by a nail on the line of property now or formerly of Harold Stone;thence by the same in a southwardly direction, thirty-seven(37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction,one hundred twenty-three and nine-tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 1St Federal Credit Union and any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 r E Seth T. Mosebey, Esquire .l' _ #'` t L; Attorney I.D. No. 203046 ? i ?f ,,; , ;k,. MARTSON LAW OFFICES E'ENNSYLVAHiA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and • BARBARA A. HEUSTESS, • Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff's Sale of Real Property will be held on June 4,2014,by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property,together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED HERETO). THE LOCATION of the property to be sold is 28 & 30 North Market Street, Mechanicsburg, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2012-5111, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY are Rollace E. Heustess and Barbara A. Heustess. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are ii owed taxes)will be filed by the Sheriff within thirty(30)days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it within ten(10)days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held,sold or 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717)249-3166 MARTSON LAW OFFICES B y: c ' - Christopher E. Rice, Esquire I.D. 90916 Seth T. Mosebey, Esquire I.D. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward of the Borough of Mechanicsburg,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at the northeast corner of Market Street and Strawberry Alley;thence North along the eastern line of Market Street, sixty-seven and one-tenth(67.1)feet to a point at corner of Lands now or formerly owned by the Pennsylvania Railroad Company;thence along the same,North 70 degrees 20 minutes East, one hundred fifty-three (153) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S.Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one-tenth(30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West,twenty-nine and one-tenth(29.1)feet to a point marked by a nail on the line of property now or formerly of Harold Stone;thence by the same in a southwardly direction, thirty-seven(37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction,one hundred twenty-three and nine-tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members l' Federal Credit Union and any information obtained will be used for that purpose. 1 Christopher E. Rice, Esquire Attorney I.D. No. 90916 ' J m'_& —8 AM 1 ' L; y Seth T. Mosebey, Esquire Attorney I.D.No 203046 „.111B e‘Lf'" D MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. • : NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, • Defendants • NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Rollace E. Heustess A judgment in the amount of$709,628.56 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for June 4, 2014. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By a4 c / lam Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 / (717) 243-3341 Date: // / Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney I.D. No. 90916 , -8 l; f Seth T. Mosebey, Esquire Attorney I.D. No. 203046 s { y ��1��J,:�tl4.ritk� ti MARTSON LAW OFFICES h EN SYLVA l/'. 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • • v. : NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and • BARBARA A. HEUSTESS, • Defendants NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Barbara A. Heustess A judgment in the amount of$709,628.56 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for June 4,2014. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By L---k c Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: //f//74 Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 2012-5111 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff(s) From ROLLACE E. HEUSTESS and BARBARA A.HEUSTESS (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: $624,058.40 L.L.: Interest accuring at$111.28 per day from August 13,2012 Interest past due as of August 13,2012: $21,789.33 Any's Comm:$62,405.83 Due Prothy: $2.25 Any Paid: 1,938.49 Other Costs: 175.00 Plaintiff Paid: Date: 01/08/2014 David D. Buell,Prothonota (Seal) Deputy REQUESTING PARTY: Name: CHRISTOPHER E RICE,ESQ. Address: MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE,PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff tj LED- FICI: THE PR 0 THONO TA 201h APR 16 AM It: it 2 GUM:ER:LAN C,OUNTY P AMA' MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-5111 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Writ of Execution, Notice of Sheriff's Sale, and Notice Under Rule 2958.2 were personally served upon Defendant Barbara A. Heustess on April 1, 2014, at 304 Branch Way, Millsboro, Delaware 19966. Attached is the Return of Service form signed by the Sussex County, Delaware, Sheriff's Office confirming personal service and the cost of service of $80.00. Sworn to and subs 'bed before me this / day April 2014. MARTSON LAW OFFICES By , Christopher E. Rice, Es Attorney 1.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No.203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 OF PENNSYLV Notarial Seal Mary M. Price, Notary Public Carlisle Soto, Curnberland County • Won me A . IS, 2015 Of NOTARIES THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR MEMBERS 1ST FEDERAL CREDIT UNION. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SUSSEX COUNTY SHERIFF'S OFFICE STATE OF DELAWARE P.O. Box 948 Georgetown, DE 19947 Sheriff Sales 302 - 855 -7735 Civil and Criminal 302 - 858 -5519 Fax 302 - 855 -7832 www.sussexcountyde.gov AFFIDAVIT OF SERVICE STATE OF DELAWARE COUNTY OF SUSSEX I HEREBY CERTIFY that on this 2nd day of April 2014, Before me, the subscriber, a Notary Public of the State and County Aforesaid, personally appeared Gary Wright and made oath in due form of law that the aforementioned Deputy served a copy of an: Out of State document On , for BARBARA HEUSTESS ( 2012 - 511 on the 1st day of April 2014, 10:20 AM at 304 BRANCH WAY Millsboro, DE 19966 who further made oath in due form of law that the aforementioned Deputy is authorized to serve proves under the law of the State of Delaware and the County of Sussex. AS WITNESS my hand and Notarial Seal, the day and year first above written. Notary Public My Commission expires: DONNA LYNN PUSEY NOTARY PUBLIC STATE OF DELAWARE My Commission Expires on October 11, 2016 SUSSEX COUNTY SHERIFF'S OFFICE SERVED OUT -OF- STATE/ PA PERSONALLY SERVED Agency Case Number MARTSON LAW OFFICES 2012 -5111 Case Name Description MEMBERS 1ST FEDERAL CREDIT UNION vs. SER ROLLACE HEUSTESS AND BARBARA A. HEUSTESS Type Circuit Out -of- State/ PA Return To Date Received OUT -OF -STATE 3/31/2014 Party to be Served BARBARA HEUSTESS Last Name First Name Middle Name HEUSTESS BARBARA A. Date of Birth SS# Service Address 304 BRANCH WAY Millsboro, DE 19966 Work Name BARBARA HEUSTESS Home phone Bus Phone Work Phone Date expired Jr /Sr Sex Alt Phone Served on: 4/1/2014 Service Fee: $$0.40 Additional Notes Deputy made personal service of the Out of State Document. So Answered Jeff Christopher Sheriff Returned Gary Wright Deputy Clerk Papers Served Out -of- State/ PA s WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2012 -5111 Civil CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1ST FEDERAL CREDIT UNION Plaintiff (s) From ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS (1) You arc 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: $624,058.40 L.L.: Interest securing at 5111.28 per day from August 13, 2012 Interest past due as of August 13, 2012: $21,789.33 Atty's Comm:$62,405.83 Arty Paid: 1,938.49 Plaintiff Paid: Date: 01/08t2014 (Seal) REQUESTING PARTY: Name: CHRISTOPHER E RICE, ESQ. Address: MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717 -243 -3341 Supreme Court ID No. 90916 Due Frothy: 52.25 Other Costs: 175.00 David D. Buell, Prothonot Deputy Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff `;LEO -OF' IC OF THE PROTHONOTARY 2 0 1 4 2 i PM 2: 53 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2012 - 5111 CIVIL TERM FIRST AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1St Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 28 & 30 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania, and as further described in Exhibit "A" attached hereto: 1. Name and address of owner(s) or reputed owner(s): Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 304 Branch Way Millsboro, DE 19966 2. Name and address of defendant(s) in the judgment: Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 304 Branch Way Millsboro, DE 19966 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 Borough of Mechanicsburg c/o David J. Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 17055 Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050 Jonestown Bank & Trust Company Attn: Susan Reiner P.O. Box 717 Jonestown, PA 17038 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Silver Spring Township Authority 5 Willow Mill Park Road, Suite #3 Mechanicsburg, PA 17050 Silver Spring Township Authority c/o Scott Dietterick, Esquire JSDC Law Offices P.O. Box 650 Hershey, PA 17033 Penn Waste, Inc. P.O. Box 3066 85 Brickyard Road York, PA 17402 Penn Waste, Inc. c/o John N. Elliott, Esquire Ream, Carr, Markey & Woloshin, LLP 119 East Market Street York, PA 17401 4. Name and address of the last recorded holder of every mortgage of record: Members 1 si Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Current Resident 30 North Market Street Mechanicsburg, PA 17055 Current Resident 28 North Market Street Mechanicsburg, PA 17055 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Citibank, N.A. 701 East 60`h Street North Sioux Falls, South Dakota 57117 Citibank, N.A. c/o Neil Sarker, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Issa Moussa Seyni 19 Gettysburg Pike, Apt. 4 Mechanicsburg, PA 17055 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Dept. 290946 Harrisburg, PA 17128 Jonathan M. McGuire 906 North Pitt Street, Rear Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: q %l) %)Y MARTSON LAW OFFICES By: _ e J ■ Seth T. Mosebey, Esquir EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the northeast corner of Market Street and Strawberry Alley; thence North along the eastern line of Market Street, sixty -seven and one -tenth (67.1) feet to a point at corner of Lands now or formerly owned by the Pennsylvania Railroad Company; thence along the same, North 70 degrees 20 minutes East, one hundred fifty -three (153) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S. Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one -tenth (30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West, twenty -nine and one -tenth (29.1) feet to a point marked by a nail on the line of property now or formerly of Harold Stone; thence by the same in a southwardly direction, thirty-seven (37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction, one hundred twenty -three and nine - tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 71 Cif FILE F. PROTHONOTAfl PM 2:5 ERLAND COUNTY • NNSYLVANIA MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :NO. 2012-5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants AFFIDAVIT OF NOTIFICATION Seth T. Mosebey, Esquire, attorney for Plaintiff, first having been duly affirmed according to law, deposes and says that on or about the 2" day of April, 2014, he notified all lien creditors and any other parties listed in the 3129.1 affidavit of the sheriff's sale in the above-captioned action. Notification was sent by regular mail. The 3817 certificates of mailing are attached hereto. Affirmed and subscribed to before me this COMMONWEALTH OF PENNSYL Date: Notarial Seal Mary M. Price, Notary Public Carlisle Born, Cumberland County Aug. 18, 2015 1 TION OF N IA ARIES day of , 2014. Christopher E. Rice, Esqu I.D. No. 90916 Seth T. Mosebey. Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members lst Federal Credit Union and any information obtained will be used for that purpose. UNITED STATES Certificate Of POSTAL SERVICE* _ Mailing This Certificate of Milling provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and intimation* mel. From: MARTSON LAW OFFICES 10 East High Street z():, PA 17015` ?` I• To: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 PS Form 3817 Anvil 2007 PSN 7530 -02- 000 -9065 TM, UNITED STATES Certificate Of POSTAL SERVICE* Mailing This Certificate of Malting provides evidence that mat has been presented to USPS® for mailing. This form may be used for domestic and international mat. From: MARTSON LAW OFFICES 10 East HIgh Street Ca iiaiv, PA 17013 r� 1 �n� /:,tea To: Hampden Township - NC. m\■;, ) `" 230 South Sporting Hill Road -6\,...L'„,,_ Mechanicsburg, PA 17050 PS Form 3R17 Anvil 2007 PSN 7530 -02- 000 -9065 UNITED STATES CertiflicNaa Of POSTAL SERVE* iling This Cartiltalle d yip provides evidence thhet mail has been presented to USPS® for m ing. t „se, be fir domestic and bnlerntiOnM meL TT� \'9 MARTSON LAW OFFICES �� �- 10 East High Street .. V / Carlisle, PA 17013 To: Cumberland County Tax Claim Bureau 1 Courthouse Square, Old Courthouse, Roc Carlisle, PA 17013 PS Form 3817, AWN 2007 PSN 7530 - 02-000-9065 30V1SOd Sn 3JVISOd sn From UNITED STATES Certificate Of POSTAL SERVICE* Mailing dorm* eno " msi mil. Presented to OPT& for matins. MARTSON LAW oppicfs 10 East High Street iv CarHAv, 17015 V/C\ To Jonestown Bank & Trust Comparip.---/L Attn: Susan Reiner P.O. Box 717 Jonestown, PA 17038 PS Fnrm 3817 Awn 2007 PSN 7530-02-000-9065 UNITED spirts Ili POSTAL SERVICE Certificate Of Mailing This Certificate of Ms* preskies evidence that meg has been presented to USPSID for meting, This farm may be used rot dames* and international mil. From: • MARTSON LAW OFFICES 10 East High Street To Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 ■•■ OVISOd Sfl a 2:1319VH ci) Mailed From 170 , I .') • PS Fnrm 3817 And, 2007 PSN 7530-02-000-9065 igst,*--"gigiej UNITED STATES Certificate Of POSTAL SERVICE* Mailing , cihti: CsnVi be Mitlingeprovides evil:Inca that met has been presented to USPS8 for mailing, From: MARTSON LAW OFFICES 10 East High Street Caiffate, PA 17015 y v7 "\c? /c)/ IXO‘ To:Borough of Mechanicsburg 0 1. c/o David J. Spotts, Esquiec-\ iD .- 36 West Allen Street Mechanicsburg, PA 17055 P. Fnrm 3817 AM! 2007 PSN 7530-02.000-9065 70I aUNITED STATES``` Q � `Cef%ate Of POSTAL SERVICE„e'. ) Mailing Tfir Cortorle d ror .vldweM 1Mt mrill toss ti .n ■Preswihd,to,tJSPt for tn.". TMs bm n y b. used d -n.ero -- InYrn.r -ot r . From: morwrsoN LAW°OFFICES 10 East High Street Carlisle, PA 17013 To: Commonwealth of Pennsylvania Department of Revenue - Bureau of Compliat Dept. 290946 Harrisburg, PA 17128 3DV1SOd sn 01 r re2 0, • a31SVH Mailed From 17013 PS Fnrm 3817 Ana 2007 PSN 7530-02 - 000 - 9065_ a UNITED STATES Certificate Of 3Jbr1SOd sn POSTAL SERVICE Mailing Ties CMtrtode d Malay provWs widows tut melt hie been presented to USPS® b mat Ttie fern may be peed for domestic and NMrn.rord meth From MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 /5(I ‘\ l Ilz,t � 1c -;f To: Current Resident North Market Street .iU �USP� Mechanicsburg, EA 17055 1/0491 .. __ -- - - -- -- UNITED STATES Certificate Of POSTAL SERVICE* Mailing Tide a ,,e OW ned kas been presented to USPSS for mewng. From MARTSON LAW OFFICES- 10 East High Street" 4 Carlisle, PA 1701`u� 3v� e N.10,\ Ps `fin„ /C., ) .A.A. `701" / / Te•. Current. Resident 28. North Market Street Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530 -02 -000 -9065 T- 40) 04/02/2014 Mailed From 17013 3JVISOd sn co O1 i o N- o ZS 2!31SVH Villi a UNITED STATES Certificate Of POSTAL SERVICE* Mailing TAU CMr11aM d Mina piovidoo wMfr� * tot moll has been presented to LISPS* k► maiMnp. TMa tone n y be uud 16r domeato and W n+aflor� mat From MARTSON LAW OFPIC: T, 10 East High Street Carlisle, PA 17013 (w Y *' TO Citibank, N.A. /01 East 60th Street North Sioux Falls, SD 57117 3DV1SOd Sn iii 01 v. O c) M 0 0 a 2131SVH PS Form 3817, April 2007 PSN 7530 - 02-000 -9065 UNITED STATES Certificate Of POSTAL SERVICE Mailing TATMs U camerae, M ip r prorldw eN ow out root has been presented to USPS®for mating. brm mat' ubd � darodo and IMernrrmai mat Frain MARTSON LAW OFFICES -170 170 10 East High Street .�Q Carlisle, PA 17013 (� ( g t\ VIA v.-;‘,N, t�> ,/ To Citibank, N.A. c/o Neil Sarker, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 PS Form 3817, April 2007 PSN 7530-02-000 -9065 OV1SOd sn In 01 18 c) R v2 M r 69 a 0 2l]7SVH Molted From 17013 I UNITED STATES Certificate Of POSTAL SERVICE. Mailing 7Tk Caracoled MM.iia pov do et re thet m a has been presented to USPS® for mailing. T U brm n+ p b. uaad fw and InYnrragl mM. Front: MARTSON LAW OE iCE6? , 10 East High Stteet i> �\ Carlisie, PA 170133 (' ) 4) \g CO2 \O -- .e -1/ i To: Jonathan -M. MrGuira 906 North Pitt Street, Rear Carlisle, PA 17013 PS Form 3811. April 200/ PSN 7530-02 -000 -9065 UNITED STATES POSTAL SERVIC Tfis of ps vkles From they be damask amid inyr, anal mat 10 East S Carlisle, PA 17013 Certificate Of Mailin presorted to USPS®br mailing. OY %u' (7 1 19 Gettysburg Pike, Apt. Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 onto -sobs • Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ifED -OFFICE OF THE PROTHONOTARY 2014APR 21 PM 2:53 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff's Sale of Real Property will be held on June 4, 2014, by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED HERETO). THE LOCATION of the property to be sold is 28 & 30 North Market Street, Mechanicsburg, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2012-5111, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY are Rollace E. Heustess and Barbara A. Heustess. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held, sold or 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By: Date: y Christopher E. Rice, Esqu I.D. 90916 Seth T. Mosebey, Esquire I.D. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the northeast corner of Market Street and Strawberry Alley; thence North along the eastern line of Market Street, sixty -seven and one -tenth (67.1) feet to a point at corner of Lands now or formerly owned by the Pennsylvania Railroad Company; thence along the same, North 70 degrees 20 minutes East, one hundred fifty -three (153) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S. Davis; thence along lands now or formerly of the said John S. Davis, South 19 degrees, 36 minutes East, thirty and one -tenth (30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West, twenty -nine and one -tenth (29.1) feet to a point marked by a nail on the line of property now or formerly of Harold Stone; thence by the same in a southwardly direction, thirty -seven (37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction, one hundred twenty -three and nine - tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected a building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff _ f1:01-1-10 2(314 APR 22 Pi: CUMBERLAND UOUh PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants • :NO. 2012 - 5111 AFFIDAVIT OF NOTIFICATION CIVIL TERM Seth T. Mosebey, Esquire, attorney for Plaintiff, first having been duly affirmed according to law, deposes and says that on or about theday of / , , 2014, he notified all lien creditors and any other parties listed in the 3129.1 affi s vit of the sheriff's sale in the above - captioned action. Notification was sent by regular mail. The 3817 certificates of mailing are attached hereto. Affirmed and subscribed to before me this Date: 7 02t2/ day of , 20 j . Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Attorneys for Plaintiff rip" UNITED STATES POSTAL SERVICE', Certificate C Mailin This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailin This form may be used for domestic and International mail. From: • • wMARTSON LAW OFFICES 10 East High Street -Carlisle, PA 17013 G i� ( AAA J 7 \ To: Penn Waste, Inc. P.O. Box 3066 85 Brickyard Road York, PA 17402 PS Fnrm 3817 Anril 2007 PSN 7530 -02- 000 -9065 This Certtfl This form m From: UN USTA --� CE* Mailing eof y be Certificate Of ailing ".pro>�idea e sed for rdomestic an�1 d`Me�nat anal mail. t1 1 that mail has been presented to USPS® for mailing. 02 30N LAW OFFICES To: Penn Waste, Inc., c /o.John N. Elliott, Esq! Ream, Carr, Markey & Woloshin, LLP 119 East Market Street York, PA 17401 Pc Fnrm 3817 Anril 2007 PSN 7530 -02- 000 -9065 3OVISOd sn„ Mailed From 17013 3OVISOd sn c+) 0 �/Q, \ 1707 UNITED STATES , <:Ce'tific�' POSTAL SERVICES ��/ \ Mai f This Certificate of Mailing provides evidence that mail has been presented to 1.1101S® for m This form may be used for domestic end International mall. �t+j f1Q�A From: ►t A.A T 3ON LAW 0 10 East HIgh Street LarIisle, PA 17013 To:Silver Spring Township Authority c/o Scott Dietterick, Esquire, JSDC Law Off P.O. Box 650 Hershey, PA 17033 l5C Fnrm 3817 Anril 2007 PSN 7530 -02- 000 -9065 UNITED STATES POSTAL SERVICE. Certificate C Mailin This Certificate of Melling provides evidence that mall has been presented to USPS® for mailny This form may be used for domestic and MEernatlmal mail. From: MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 OVIS4,? 9i HASLER o djt CW O I0 V US POSTAGE To: Silver Spring Township Authority ,N 5 Willow Mill Park Road, Suite( # #3 21 Mechanicsburg, PA 17050 \ \ 1b14 / (/S OVIS4,? 9i HASLER o djt CW O I0 V US POSTAGE F:\FILES\Clients\11470 Members 1st \11470 Current\11470.122 Heustess\11470.122.pra.main street.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILED -0, THE (IJLO_ ARY 20RE1MAY -6 AMtI: 22 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2012 - 5111 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter, directed to the Sheriff of Cumberland County; against Rollace E. Heustess and Barbara A. Heustess, Defendants; and execute against real property known as 78 West Main Street, New Kingstown, Cumberland County, Pennsylvania, owned by Defendants Rollace E. Heustess and Barbara A. Heustess, and identified on Exhibit "A" attached hereto. Principal Balance: $624,058.40 Interest past due as of August 13, 2012: $ 21,789.33 Interest accruing at $111.28 per day from August 13, 2012: $ Late Fees: $ 175.00 Court Costs and Fees: $ Attorney's Fees: $ 62,405.83 Total Due: * To be determined by the Cumberland County Sheriff. I certify that: (a) (b) * This Praecipe is based upon a judgment by confession; and Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 2958.2. Date: (.0/Jr M. 5� pi ,4,L/ 44.00 .28.50 ,q.00 11.15- m.5-0 x,804. i'1 c 11966.99 pay 4f.J t#3oss/6 Re i', of cc* 15- o "cv/ MARTSON LAW OFFICES By: C4 S Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey by Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 11 and lands now or formerly of Potteiger, said point being 40 feet West of an x -out in concrete on U.S. Route 11 and a right-of-way for drainage; thence South 85 degrees 52 minutes West (incorrectly referred to as South 65 degrees 52 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 minutes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall, North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x -out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, North 85 degrees 52 minutes East, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes East, a distance of 160.20 feet to the north side of U.S. Route 11, the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net Members 1st Federal Credit Union Vs. Rollace E. Heustess Barbara A. Heustess WRIT OF EXECUTION NO 12-5111 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $624,058.40 L.L.: Interest accruing at $111.28 per day from August 13, 2012 Interest past due as of August 13, 2012 - $ 21,789.33 Atty's Comm:$62,405.83 Atty Paid: $1,966.99 Plaintiff Paid: Date: 5/6/2014 (Seal) REQUESTING PARTY: Name: Christopher E. Rice, Esquire Address: Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 90916 Due Prothy: $2.25 Other Costs: $175.00 David D. B ell, Prothonotary Deputy Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff { ELi-Of i IIrE GF THE PROTHONOTI"',t NUJ MAY -6 AM : 22 Ci11 PENNSY D ANIA COUNTY MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2012 -5111 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1st Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 78 West Main Street, New Kingstown, Cumberland County, Pennsylvania, and as further described in Exhibit "A" attached hereto: 1. Name and address of owner(s) or reputed owner(s): Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 304 Branch Way Millsboro, DE 19966 Barbara A. Heustess 28094 Gum Tree Road Dagsboro, DE 19939 2. Name and address of defendant(s) in the judgment: Rollace E. Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara A. Heustess 304 Branch Way Millsboro, DE 19966 Barbara A. Heustess 28094 Gum Tree Road Dagsboro, DE 19939 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 15` Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 Borough of Mechanicsburg c/o David J. Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 17055 Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050 Hampden Township c/o Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Jonestown Bank & Trust Company Attn: Susan Reiner P.O. Box 717 Jonestown, PA 17038 Citibank, N.A. 701 East 60`h Street North Sioux Falls, South Dakota 57117 Citibank, N.A. c/o Neil Sarker, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Issa Moussa Seyni 19 Gettysburg Pike, Apt. 4 Mechanicsburg, PA 17055 Silver Spring Township Authority 5 Willow Mill Park Road, Suite #3 Mechanicsburg, PA 17050 Silver Spring Township Authority c/o Scott Dietterick, Esquire JSDC Law Offices P.O. Box 650 Hershey, PA 17033 Penn Waste, Inc. P.O. Box 3066 85 Brickyard Road York, PA 17402 Penn Waste, Inc. c/o John N. Elliott, Esquire Ream, Carr, Markey & Woloshin, LLP 119 East Market Street York, PA 17401 4. Name and address of the last recorded holder of every mortgage of record: Members l' Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 VNB Mortgage Corporation P.O. Box 26388 Richmond, VA 23260 5. Name and address of every other person who has any record lien on the property: Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Current Resident 78 West Main Street New Kingstown, PA 17072 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ,c/i/7 MARTSON LAW OFFICES By: A Se Christopher E. Rice, Esquire EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey by Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 11 and lands now or formerly of Potteiger, said point being 40 feet West of an x -out in concrete on U.S. Route 11 and a right-of-way for drainage; thence South 85 degrees 52 minutes West (incorrectly referred to as South 65 degrees 52 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 minutes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall, North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x -out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, North 85 degrees 52 minutes East, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes East, a distance of 160.20 feet to the north side of U.S. Route 11, the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff r^ �1 ;LED -0; F1C r h rr W HONG TA 2OR tIAY -6 All 11.: 22 CUMSERLANDCOUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2012 - 5111 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff's Sale of Real Property will be held on September 3, 2014, by the Cumberland County Sheriff s Office, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED HERETO). THE LOCATION of the property to be sold is 78 West Main Street, New Kingstown, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2012-5111, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY are Rollace E. Heustess and Barbara A. Heustess. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held, sold or 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Date: SAAr Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By: lam'- `r Christopher E. Rice, Esquire I.D. 90916 Seth T. Mosebey, Esquire I.D. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey by Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 11 and lands now or formerly of Potteiger, said point being 40 feet West of an x -out in concrete on U.S. Route 11 and a right-of-way for drainage; thence South 85 degrees 52 minutes West (incorrectly referred to as South 65 degrees 52 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 minutes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall, North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x -out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, North 85 degrees 52 minutes East, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes East, a distance of 160.20 feet to the north side of U.S. Route 11, the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILED -OFFICE THE FRUTHfl 4QTA" °i' 20iif Mr -6 AM 11: 20 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012 - 5111 CIVIL TERM NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Rollace E. Heustess A judgment in the amount of $709,628.56 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for September 3, 2014. You may have legal rights to defeat the judgment or to prevent or delay the sheriffs sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 3104 Attorneys for Plaintiff EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey by Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 11 and lands now or formerly of Potteiger, said point being 40 feet West of an x -out in concrete on U.S. Route 11 and a right-of-way for drainage; thence South 85 degrees 52 minutes West (incorrectly referred to as South 65 degrees 52 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 minutes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall, North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x -out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, North 85 degrees 52 minutes East, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes East, a distance of 160.20 feet to the north side of U.S. Route 11, the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILED -O F IC U TFE PR0TH0NOT R'i 2014 MAY —6 AM 1`1:• 23 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2012 - 5111 CIVIL TERM NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Barbara A. Heustess A judgment in the amount of $709,628.56 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for September 3, 2014. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By S Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046. 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 0//7f Attorneys for Plaintiff EXHIBIT "A" DOCKET NO. 2012 - 5111 ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey by Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 11 and lands now or formerly of Potteiger, said point being 40 feet West of an x -out in concrete on U.S. Route 11 and a right-of-way for drainage; thence South 85 degrees 52 minutes West (incorrectly referred to as South 65 degrees 52 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 minutes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall, North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x -out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, North 85 degrees 52 minutes East, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes East, a distance of 160.20 feet to the north side of U.S. Route 11, the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. F:\FILES\Clients\11470 Members 1st\I 1470 Current 11470.122 Heustess \l 1470.122.mot.publication.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 1 -5 -ILED-CF FCc OF THE PR0 T HCNQTARY 2014 diAY 28 PH 3: 50 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants MOTION FOR SERVICE BY PUBLICATION AND NOW, comes Plaintiff Members 1St Federal Credit Union ("Plaintiff'), by and through its attorneys, MARTSON LAW OFFICES, and moves the Court as follows: 1. On August 17, 2012, Plaintiff filed a Complaint for Confession of Judgment against Rollace E. Heustess and Barbara A. Heustess ("Defendants"). 2. Pursuant to the Complaint for Confession of Judgment, a judgment in the amount of $709,628.56, plus interest per diem at $111.28, was entered against Defendants and in favor of Plaintiff. 3. A cause of action exists against Defendants and both Defendants are the necessary and proper parties to the action. 4. Plaintiff has listed real property located at 28 & 30 North Market Street, Mechanicsburg, Pennsylvania, and 78 West Main Street, New Kingstown, Pennsylvania, which are owned by Defendants, for Sheriff's sale on June 4, 2014, and September 3, 2014, respectively. 5. Plaintiff has obtained personal service on Defendant Barbara A. Heustess in Delaware. 6. Plaintiff has not been able to obtain service on Defendant Rollace E. Heustess. 7. Defendant Rollace E. Heustess' last known address is 237 Ridge Hill Road, Mechanicsburg, Pennsylvania 17050. 8. On May 5, 2014, Sheriff of Cumberland County issued a Sheriff's Return of Service stating that Defendant Rollace E. Heustess no longer resides at 237 Ridge Hill Road and that Defendant Rollace E. Heustess did not leave a forwarding address at the post office. A true and correct copy of the Sheriff's Return of Service is attached hereto and incorporated herein as Exhibit 4CA ,, 9. On May 7, 2014, Plaintiff completed a Request for Change of Address with the United States Postal Service. 10. On May 17, 2014, Plaintiff received notice from the United States Postal Service that Defendant Rollace E. Heustess moved but did not leave a forwarding address. A true and correct copy of the notice from the United States Postal Service is attached hereto and incorporated herein as Exhibit "B." 11. On May 8, 2014, Plaintiff, through its counsel completed an Accurint search, which search public records, including but not limited to, voter registration rolls and motor vehicle records to identify alternate addresses for Defendant Rollace E. Heustess. 12. The Accurint search provided an alternate address of 28 & 30 North Market Street, Mechanicsburg, Pennsylvania, for Defendant Rollace E. Heustess. 13. On May 21, 2014, the Sheriff of Cumberland County attempted service on Defendant Rollace E. Heustess at 28 & 30 North Market Street and issued a Sheriff's Return of Service stating that Defendant Rollace E. Heustess was "not found" at 28 & 30 North Market Street and did not leave a forwarding address. A true and correct copy of the Sheriff's Return of Service is attached hereto and incorporated herein as Exhibit "C." 14. In the Voluntary Petition filed by Defendant Rollace E. Heustess in the United States Bankruptcy Court for the Middle District of Pennsylvania, he listed his address as 28-30 North Market Street, Mechanicsburg, Pennsylvania. 15. Defendant Rollace E. Heustess' bankruptcy case has been dismissed. 16. Plaintiff's counsel contacted Defendant Rollace E. Heustess' bankruptcy counsel to obtain a current address but was informed that bankruptcy counsel was unaware of Defendant Rollace E. Heustess' current address. 17. Plaintiff has made a good -faith effort to locate Defendant Rollace E. Heustess by conducting an investigation which included the following: a) a search of nationwide telephone directories; b) inquiries of postal authorities; c) a search of criminal records and police report; and d) contacting Defendant Rollace E. Heustess' bankruptcy counsel. 18. An Affidavit pursuant to Pa.R.C.P. 430 is attached hereto as Exhibit "D." 19. It is the Plaintiff's contention that normal service of Defendant Rollace E. Heustess under Pa. R.C.P. 404 is not possible in this case. 20. Plaintiff requests this Honorable Court to order service of the Complaint on Defendant Rollace E. Heustess by publication in accordance with Pa. R.C.P. 430. WHEREFORE, Plaintiff prays this Court issue an Order directing service of the Complaint on Defendant Rollace E. Heustess by publication. Dated: f/ /y- MARTSON LAW OFFICES By: ti S. d( ---- Christopher E. Rice, Esquire I.D. Number 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "A" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Members 1st FCU vs. Ro|aceEHeustwoo(et o|j Case Number 2012-5111 SHERIFF'S RETURN OF SERVICE 03C24/2014 04:23 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled motion, upon the property located at 28 & 30 North Market Street, Mechanicsburg - Borough, Mechanicsburg, PA 17055, Cumberland County. 06A05C2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Rollace E. Huestess, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Wri. Notice and Deoohphon, in the above titled action, as "Not Found" at 237 Ridge Hill Road, Mechanicsburg, PA 17050, defendant no longer resides at address ntaVed, current resident is unaware of his whereabouts, did not leave a forwarding at post office. cab. SHERIFF COST: $1,401.10 SO ANSWERS, '�' ����_��__— May 05, 2014 RDNNYRANDERSON, SHERIFF EXHIBIT "B" MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER. MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET WWW.martsorilaw..com May 7, 2014 Postmaster Mechanicsburg, PA 17050 WILLIAM F. MARTSON GEORGE B. FALLER JR.* JOHN B. FOWLER III DAVID A. Frr2slMoNs DANIEL K. DEARDORFFt CHRISTOPHER E. RICE THOMAS J. WILLIAMS* SETH T. MOSEBEY Ivo V. OTro III KAnE J. MAXWELL HUBERT X. GILROY AARON S. HAYNES 'BOARD CERTIFIED CIVIL TRIAL SPECIALIST tBOARD CERTIFIED WORKERS COMPENSATION SPECIALIST Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Rollace E. Heustess Address: 237 Ridge Hill Road, Mechanicsburg, PA 17050 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Martson Deardorff Williams Otto Gilroy & Faller, attorneys for Plaintiff 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): N/A 3. The names of all known parties to the litigation: Members 1st Federal Credit Union 4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas. 5. The docket or other identifying number if one has been issued: 2012-5111 INFORMATION • ADVICE • ADVOCACY SM Postmaster May 7, 2014 Page 2 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION EITHER (1) TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Signature 3' 10 East High Street Address Seth T. Mosebey, Esquire Carlisle, Pennsylvania 17013 Printed Name City, State Zip Code FOR POST OFFICE USE ONLY No change. of address order on fiTe. NEW ADDRESS -or BOXHOLDER'S POSTIv. Not known at address given. NAME and STREET ADDRESS Moved, left no forwarding address. No such address. MAY 1 7 2014 .777 FAFILES \Clien1s111470 Members 15611470 Current \ 11470.122 Heustess\11470.122.po.wpd INFORMATION • ADVICE • ADVOCACY SM EXHIBIT "C" • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ‘9s`�t��� of ("_limboft, OF F!CE OF ..fP� ,EH.ERIFF Members 1st FCU vs. Rollace E Heustess (et al.) Case Number 2012-5111 SHERIFF'S RETURN OF SERVICE 05/21/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Rollace E. Huestess, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 28 & 30 North Market St, Mechanicsburg, PA 17055, Current Occupant is the Salon Elena, defendant is not associated with this business, did not leave a forwarding address. SHERIFF COST: $953.74 SO ANSWERS, • RONR ANDERSON, SHERIFF May 21, 2014 ...:.,,, EXHIBIT "D" Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants AFFIDAVIT PURSUANT TO Pa.R.C.P. 430 COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND Seth T. Mosebey, Esquire, being duly sworn according to law, deposes and says: 1. Affiant is the attorney for Plaintiff in the above -captioned action and is familiar with all facts and circumstances in this action. 2. This affidavit is in support of Plaintiff's Motion for Service by Publication pursuant to Pa. R.C.P 430. 3. This action was brought as a confession of judgment. 4. A Complaint for Confession of Judgment in this action was filed on August 17, 2012, in the C.C.P., Cumberland County, Pennsylvania. 5. Plaintiff has listed real property located at 28 & 30 North Market Street, Mechanicsburg, Pennsylvania, and 78 West Main Street, New Kingstown, Pennsylvania, which are owned by Defendants, for Sheriff's sale on June 4, 2014, and September 3, 2014, respectively. 6. Plaintiff has obtained personal service on Defendant Barbara A. Heustess in Delaware. 7. Plaintiff has not been able to obtain service on Defendant Rollace E. Heustess. 8. Defendant Rollace E. Heustess' last known address is 237 Ridge Hill Road, Mechanicsburg, Pennsylvania 17050. 9. On May 5, 2014, the Sheriff of Cumberland County issued a Sheriff's Return of Service stating that Defendant Rollace E. Heustess no longer resides at 237 Ridge Hill Road and that Defendant Rollace E. Heustess did not leave a forwarding address at the post office. 10. On May 7, 2014, Plaintiff completed a Request for Change of Address with the United States Postal Service. 11. On May 17, 2014, Plaintiff received notice from the United States Postal Service that Defendant Rollace E. Heustess moved but did not leave a forwarding address. 12. On May 8, 2014, Plaintiff, through its counsel completed an Accurint search, which search public records, including but not limited to, voter registration rolls and motor vehicle records to identify alternate addresses for Defendant Rollace E. Heustess. 13. The Accurint search provided an alternate address of 28 & 30 North Market Street, Mechanicsburg, Pennsylvania, for Defendant Rollace E. Heustess. 14. On May 21, 2014, the Sheriff of Cumberland County attempted service on Defendant Rollace E. Heustess at 28 & 30 North Market Street and issued a Sheriffs Return of Service stating that Defendant Rollace E. Heustess was "not found" at 28 & 30 North Market Street and did not leave a forwarding address. 15. In the Voluntary Petition filed by Defendant Rollace E. Heustess in the United State Bankruptcy Court for the Middle District of Pennsylvania, he listed his address as 28-30 North Market Street, Mechanicsburg, Pennsylvania. 16. Defendant Rollace E. Heustess' bankruptcy case has been dismissed. 17. Plaintiff's counsel contacted Defendant Rollace E. Heustess' bankruptcy counsel to obtain a current address but was informed that bankruptcy counsel was unaware of Defendant Rollace E. Heustess' current address. 18. Plaintiff has made a good -faith effort to locate Defendant Rollace E. Heustess by conducting an investigation which included the following: a) a search of nationwide telephone directories; b) inquiries of postal authorities; c) a search of criminal records and police report; and d) contacting Defendant Rollace E. Heustess' bankruptcy counsel. Sworn to and subscribed before me this day of May, 2014. A, N Public Seth T. Mosebey, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Fires Aug. 18, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff + ,e 29 9 it JO: CUMBERLAND CO 'Iif &AND COUNT', PENNSYLVANIA, k iSYLrANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012 - 5111 CIVIL TERM AFFIDAVIT OF NOTIFICATION Seth T. Mosebey, Esquire for Plaintiff, first having been duly affirmed according to law, deposes and says that on or about the 20th day of May, 2014, he notified all lien creditors and any other parties listed in the 3129.1 affidavit of the sheriff's sale in the above - captioned action. Notification was sent by regular mail. The 3817 certificates of mailing are attached hereto. Affirmed and subscribed to before me this day of May, 2014. Date: J./027V Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County COMMISSi011 Expires Aug. 18, 2015 T[9N OF NOTARIES POSTAL SERVICE UNITED STATES This Certliicate of Mailing provides evidence that mail has b This form may be used for domestic and international mail From: Certificate Of Mailin presented r, to USPS for mailing. '4141:YiY1 To' Members 5000 Louise Drive Mechanicsburg, PA UNITED STATES POSTAL SERVICE! Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: MAh. SUN LAW OF 10 Fact High Street Carlisle, PA 17013 To: Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 PS Form 3817, Aoril 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of 13.Eiv1soci Sr POSTAL SERVICE! Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: To: MARTSON LAW OFFICES 10 East High Street Borough of Mechanicsburg c/o David J. Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of ::4st .'L:cri d sr POSTAL SERVICE, Mailing 1 i This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: MARTSON LAW OFFICES 10 East High Street C3IIlble, PA 17013 01 0 H.T1391-1 To: Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050 oc 1R17 nril ?nn7 PSN 7s30-02-000-9065 larUNITED STATES POSTAL SERVICE, Certificate Of 719 Mailing This Certificate of Mailing provides evidence that mail has been presented to USPSO for maifing. This form may be used for domestic and international mail. From: To: Hampden Township, c/o Keith O. BrenheMan, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES , Certificate Of POSTAL SERVICE Mailing, This Certificate of Mailing provides evidence that mail has been presented to IJSPS119 for mailing. This form may be used for domestic and international mail. From: MARTSON LAW OFFICES 10 East High Street Carlisle, A 17013 To: Jonestown Bank & Trust Compa Attn: Susan Reiner P.O. Box 717 Jonestown, PA 17038 PS Form 3817, April 2007 PSN 7530-02-000-9065 fl ‘-"g 9V.LSOci (3 P. • '1) V S UNITED STATES Certificate Of POSTAL SERVICE, Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: MARTSON LAW OFFICES 10 East High Street To: Citibank, N.A. 1Q 1 7 A...41 '(n7 ocm 7c-tn_n9_nnnAnAS UNITED STATES Certificate Of POSTAL SERVICE, Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: MARTSON LAW OFFICES 10 East High Street - CrI1s1e, PA 1/013 To: • t _ 41 ■■ • k • Burton Neil & Associates, 13',;-• 1060 Andrew Drive, Suite 170 West Chester, PA 19380 UNITED STATES P1 Certificate Of POSTAL SERVICE Mailing rr This Certificate of Mailing provides evidence that mail has been presented to USPS for mailing. This form may be used for domestic and international mail. From: MARTSON LAW OFFICES. 10 East High Street Carlisle, PA 17013 OVISOci St HHO I ci) "43-1S\t, 30ViSOd To: Issa Moussa Seyni 19 Gettysbirg Pike, Apt. 4 Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 YTISvAd POSTAL SERVICE, UNITED STATES Certificate Of To pa, Mailing meter This Certificate of Mailing provides evidence that mail has been presented to USPSTI for mailing. This form may be used for domestic and international mail From: To: Silver Spring 5 Willow Mill Mechanicsburg, Tnurn-hip Authority Park Road, Suite #3 PA 17050 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE!, Certificate Of Mailing To pa meter This Certificate of Mailing provides evidence that mail has been presented to USP5", for mailing. This form may be used for domestic and international mail From: MARTSON LAW OFFICES 10 East High Street carlisle, PA 17013 170 To: Silver Spring Township Authoq y c/o Scott Dietterick, Esq., .0 P.O. Box 650 Hershey, PA 17033 C Law,Of PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of POSTAL SERVICE, Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS for mailing. This form may be used for dornestic and international mail, From: MARTSON LAW OFFICES vet Carlisle, PA 17013 To: Penn Waste, Inc. P.O. Box 3066 85 Brickyard Road York, PA 17402 Pos To pa mete Ppst; .1" 17' A :k 30visori PS Form 3817, April 2007 PSN 7530-02-000-9065 CD t tiro UNITED STATES Certificate Of POSTAL SERVICE* Mailing This Certificate of Mailing provides evidence that mail has been presented to USPSO for mailing. This form may be used for domestic and international mail. From: MARTSON LAW OFFICES 1U East High Street Carlisle, PA 17013 To: Penn Waste, Inc., c/o John I. EIbjtt, Eaq.co Ream, Carr, Markey & Woloshin, L 119 East Market Street York, PA 17401 PS Form 3817, April 2007 PSN 753(1-02-000-9065 UNITED STATES POSTAL SERVICEE Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: MARTSON LAW OFFICE 10 East High Street Carlisle, PA 1/013 To: VNB Mortgage Corporation P.O. Box 26388 Richmond, VA 23260 PS Form 3817, April 2007 PSN 7531)-02-000-9065 13 0 trIS Od UNITED STATES Certificate Of POSTAL SERVICE,, This certificate of mailing evidence that, has been presented to uspseformang.Mailin This form may be used for domestic and international mail. From: MARTSON LAW OFFJCES 10 East HIgh Street ViSOcf To: Cumberland Courthouse Square 034 Courthouse Roc Carlisle, PA 17013 PS a, UNITED STATES Certificate Of POSTAL SERVICE, Mailing This Certificate of Mailing provides evidence that mail has been presented to USPSO for mailing. This form may be used for domestic and international mail. From: MARTSON LAW OFFICES 10 Fast High Street Carlisle, PA 17013 To: Current Resident 78 West Main Street New Kingstown, PA 170.72 PS Form 3817, April 2007 PSN 7530-02-000-9065 0 TH -';VF! MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants :NO. 2012 - 5111 CIVIL TERM ORDER AND NOW, this 2 `r day of , 2014, upon consideration of Plaintiff's Motion for Service by Publication and the accompanying Affidavit pursuant to Pa. R.C.P. 430, Plaintiff's Motion is hereby granted. Plaintiff is permitted to serve Defendant Rollace E. Heustess by publication pursuant to Pa. R.C.P. 430. Said publication shall be made in conformance with Pa.R.C.P. 430 by publishing once in a newspaper of general circulation in Cumberland County and once in the Cumberland Law Journal. cc: Christopher E. Rice, Esquire Seth T. Mosebey, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 ',:\FILES\Clients\I 1470 Members 1st\l 1470 Current\I 1470.122 Heustess\ 11470.122.mot.publication.wpd 1,1 _ t �Is t\ F:\FILES\Clients\11470 Members 1st \11470 Current \11470.122 Heustess\I 1470.122.not.continued.cc.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff - HE 13F�0 ! ii0N3 2..0i4JUN -L 0111: 38. CUMBERLAND COUNTY PENNSYLVANIA OTTO GILROY & FALLER MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2012 -5111 CIVIL TERM NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for June 4, 2014, at 10:00 a.m. in the above -captioned matter has been continued until August 6, 2014, at 10:00 a.m. Dated: 613 /% MARTSON LAW OFFICES By: Christopher E. Rice, Esqu'. e I.D. Number 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Int. PRO THon if 2014JUN-4 411 ii; 37 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-5111 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Writ of Execution, Notice Under Rule 2958.2, and Notice of Sheriff's Sale were served on Defendant Barbara A. Heustess on May 27, 2014, at the Rite-Aid parking Lot, Route 24 and Route 113, Millsboro, Delaware 19966. Attached is the Return of Service form signed by the Sussex County, Delaware, Sheriff's Office confirming personal service and the cost of service of $80.00. Sworn to and subs r'bed before me this /' day June 2014. ublic MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No.203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Soto, Cumberland County 2015 My Commission ICON c F NOTARIES MEMBER, PE NSYLVAN THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR MEMBERS 1ST FEDERAL CREDIT UNION. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SUSSEX COUNTY SHERIFF'S OFFICE STATE OF DELAWARE P.O. Box 948 Georgetown, DE 19947 Sheriff Sales 302-855-7735 Civil and Criminal 302-858-5519 Fax 302-855-7832 www.sussexcountyde.gov AFFIDAVIT OF SERVICE STATE OF DELAWARE COUNTY OF SUSSEX I HEREBY CERTIFY that on this 28th day of May 2014, Before me, the subscriber, a Notary Public of the State and County Aforesaid, personally appeared Gary Wright and made oath in due form of law that the aforementioned Deputy served a copy of an: Out of State document (2012. - 5111) On , for BARBARA A. HEUSTESS on the 27th day of May 2014, 11:20 AM at 304 BRANCH WAY Millsboro, DE 19966 who further made oath in due form of law that the aforementioned Deputy is authorized to serve proves under the law of the State of Delaware and the County of Sussex. AS WITNESS my hand and Notarial Seal, the day and year first above written. Notary Pt�b?t NA LYNN PUSEY My Commission ex Irj� e rw STATE OF DELAWARE My Commission Expires on October 11, 2016 Gary Wri SUSSEX COUNTY SHERIFF'S OFFICE SERVED OUT-OF-STATE/ PA PERSONALLY SERVED Agency Case Number MARTSON LAW OFFICES 2012-5111 Case Name Description MEMBERS 1ST FEDERAL CREDIT UNION vs. SER BARBARA A. HEUSTESS Type Circuit Out -of -State/ PA Return To Date Received Date expired OUT-OF-STATE 5/9/2014 Party to be Served BARBARA A. HEUSTESS Last Name First Name Middle Name Jr/Sr HEUSTESS BARBARA A. Date of Birth SS# Sex Service Address 304 BRANCH WAY Millsboro, DE 19966 Work Name BARBARA A. HEUSTESS Home phone Bus Phone Work Phone Alt Phone Served on: 5/27/2014 Service Fee: $80.00 Additional Notes Deputy made personal service of the Out of State Document. So Answered Jeff Christopher Sheriff Returned Gary Wright Deputy Clerk SERVED AT THE RIET-AID PARKING LOT RT 24 AND RT 113, MILLSBORO, DE Papers Served Out -of -State/ PA Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TH P R0THONG MOMS JU -1S M 11: 38 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2012 -5111 CIVIL TERM CERTIFICATE OF FILING On this date, I filed with the Prothonotary of Cumberland County a copy of the Notice of the Date of Continued Sheriff's Sale in the above -captioned matter. Dated: 6/3/11 MARTSON LAW OFFICES Christopher E. Rice, Esquir I.D. Number 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F:\FILES\Clients\I 1470 Members 1st\11470 Current\11470.122 Heustess\11470.122.proof of publication.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 C:: THE tP OT€iOl O T.Ar ; Seth T. Mosebey, Esquire Attorney I.D.No. 203046 2'314 J ;i 214 PM 3: 00 MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER MARTSON LAW OFFICES CUMBERLAND COUNTY 10 East High Street PENNSYLVANIA Carlisle,PA 17013 (717)243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. : NO. 2012 - 5111 CIVIL TERM ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, Defendants AFFIDAVIT OF SERVICE BY PUBLICATION COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) In accordance with the Order dated June 2, 2014, authorizing service by publication on Defendant Rollace E. Heustess, I hereby certify that Defendant Rollace E. Heustess was served with the Notices of Sheriff's Sale for the properties located at 78 West Main street,New Kingstown,PA 17072,and 28 and 30 North Market Street,Mechanicsburg,PA 17055. The Notice of Sheriff's Sale for the property located at 78 West Main Street,New Kingstown,PA 17072, and the Notice of Sheriff's Sale for the Property located at 28 and 30 North Market Street,Mechanicsburg,PA 17055,were published one time in The Sentinel on June 13, 2014, and one time in the Cumberland Law Journal on June 20, 2014. Attached are the Proofs of Publication of Notice. MARTSON LAW OFFICES B . �/�" ØhtØJ3-**Y Christopher E. Rice,Esquire Attorney I.D.No. 90916 Seth T. Mosebey,Esquire Attorney I.D.No.203046 Ten East High Street Carlisle,PA 17013 (717) 243-3341 Sworn to and subscribed before me this of day June, 2014. _ COMMONWEALTH OF PENNSYLVANIA I Notarial Seal Mary M.Price,Notary Public ,/ANC P/ Cailisle eoro,Cumberland County No ary ublic Commission Expires Aug.18,2015 i Ai i NSW sV IH*ASSOeA1ION©F NOTARIES PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz June 20, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement,and that all allegations in the foregoing statements as to time,place and character of publication are true. c--saLisa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this — ''7'---.----l-'---I-' ''' 20 day of June, 2014 / / C--- ,,,A,L„,„..od Notary .A1iL COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.,CUMBERLAND CNTY My Commission Expires Apr 28,2018 v PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA • ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz June 20, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. �) Lisa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 20 day of June, 2014 // 4 , _/J / tel, ' e/i 0 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.,CUMBERLAND CNTY My Commission Expires Apr 28,2018 • CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County,Pennsylvania NO.: 2012-5111 MEMBERS 1ST FEDERAL CREDIT UNION v. ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS • NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: ROLLACE E. HEUST- ESS Being Premises: 78 West Main Street, formerly 78 West Carlisle Pike, New Kingstown,PA 17072. Being in the Village of New Kings- town,Silver Spring Township,Cum- berland County, Commonwealth of Pennsylvania,38-19-1621-004. Improvements consist of rental properties. Sold as the property of Rollace E. Heustess and Barbara A. Heustess. Your real estate at 78 WEST MAIN STREET, NEW KINGSTOWN, PA 17072,is scheduled to be sold at the Sheriff's Sale on September 3, 2014 at 10:00 a.m.,at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judg- ment of $709,628.56 obtained by MEMBERS 1ST FEDERAL CREDIT • UNION against the above premises. • MARTSON LAW OFFICES Attorneys for Plaintiff June 20 12 PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland Patrick Doane,Production Director,of The Sentinel,of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th,1881,since which date THE SENTINEL has been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): June 13,2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of • Cumberland County,Pennsylvania Affiant further deposes that he/she is not NO.2012-5111 interested in the subject matter of the MEMBERS 1St FEDERAL CREDIT UNION v. aforesaid notice or advertisement, and that ROLLACE E.A. HEUSTESS ss and all allegations in the foregoing statement as BARBARA HEUS . NOTICE OF SHERIFF'S SALE OF REAL PROPERTY to time, place and character of publication • NOTICE TO:sand 30 Eo hHMarket S are true.. Being Premises:28 and 3,North Market Street, ThMird Wardiofthe A 17055 of —� C. Being in the Third of the Borough of Mechanicsburg, ,,�_ Cumberland County,Commonwealth of Pennsylvania _ 18-23=0565-049 .....__ Improvements consist of rental properties Sold as the property of Roland E.Heustess and Barbara A.Heustess Your real estate at 28 and 30 NORTH MARKET STREET, MAugust B 2014,at 10:00 SBURG,PA 7 a.m.,at the CUMBERLAND County Courthouse,on055,is scheduled to be sold a the Sheriffs Sale 1 Courthouse Square,Room 303,Carlisle,PA 17013,to enforce the Sworn to and subscribed before me this Court Judgment of$709,628,56 obtained by MEMBERS 1st FEDERAL CREDIT UNION against the above premises. M. Attorneyore LAW OFFICES f•�-I1 ata � <3wu �1 i(2.114 1/t, � for Plaintiff - � 1 -J (A d "'f U Notary Public • My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M.Holtry,Notary Public Carlisle Baro,Cumberland County My Commission Expires Sept.26,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane,Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid, was established December 13th,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): June 13, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE ----- T" t In the Court of Common Pleas of ' 1 . Cumberland County,Pennsylvania Affiant further deposes that he/she is not '`C NO.2012-5111 interested in the subject matter of the MEMBERS 1st FEDERAL CREDIT UNION aforesaid notice or advertisement, and that v. ROLLACE E.HEUSTESS and all allegations in the foregoing statement as BARBARA A.HEUSTESS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY to time,place and character of publication are true. NOTICE TO:'ROLLACE E.HEUSTESS Being Premises: 8 West Main Street, �� eMechanicsburg,ewKingstown, PA 17055 Being in the Village of New Kingstown,Silver Spring Township, �—....„.... Cumberland County,Commonwealth of Pennsylvania 38-19-1621-004 Improvements consist of rental properties ' Sold as the property of Roland E.Heustess and Barbara A.Heustess ' Your real estate at 78 WEST MAIN STREET, NEW KINGSTOWN,PA 17072,is scheduled to be sold a the Sheriffs Sale on I September 3,2014,at 10:00 a.m.,at the CUMBERLAND County Courthouse, !i Sworn to and subscribed before me this 1 Courthouse Square,Room 303,Carlisle,PA 17013,to enforce the, Court Judgment of$709,628,56 obtained by ' MEMBERS 1st FEDERAL CREDIT UNION against the above premises. MARTSON LAW OFFICES —1 13' dal (� u ' Attorney for Plaintiff J '61.11c f t r r I • qfrp No ary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M.Holtry,Notary Public Carlisle Boro,Cumberland County My Commission Expires Sept.26,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,r,raGrrn il OFFICE OF. TNM S MRIFF THE PRO ! iC^NO`TJ 28140CA'-1 Pil 0I' CUMBERLAND COUNTY PENNSYLVANIA YLVA,NIA Members 1st FCU vs. Rollace E Heustess (et al.) Case Number 2012-5111 SHERIFF'S RETURN OF SERVICE 05/21/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Rollace E. Huestess, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 28 & 30 North Market St, Mechanicsburg, PA 17055, Current Occupant is the Salon Elena, defendant is not associated with this business, did not leave a forwarding address. 06/19/2014 10:58 AM - Deputy Christopher Sharpe, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 78 West Main Street, New Kingstown, PA 17072, Cumberland County. 08/06/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises 28 and 30 North Market Street, Mechanicsburg, PA, at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on August 06, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Christopher Rice, on behalf of Members 1st Federal Credit Union, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $696.21 SO ANSWERS, August 20, 2014 RONR ANDERSON, SHERIFF (c) CountyStnte Sheriff, Teleosaft. Inc. t/e°ea rec. Q..• .2.d-- pa( - 6. ei44 97 3_ 144 3 703 a On January 31, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as 28 and 30 North Market Street, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: January 31, 2014 U) 0 By: etit0C, kc_t/ Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-5111 Civil Term Members 1st FCU vs. Rollace E. Heustess Barbara A. Heustess Atty.: Christopher E. Rice ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the' Third Ward of the Borough of Mechanicsburg, Cum- berland County, Pennsylvania, more particularly bounded and described as follows: • BEGINNING at the northeast cor- ner of Market Street and Strawberry Alley; thence North along the eastern line of Market Street, sixty-seven and one-tenth (67.1) feet to a point at corner of Lands now or formerly owned by the Pennsylvania Railroad Company; thence along the same, North 70 degrees 20 minutes East, one hundred fifty-three (153) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S. Davis; thence along lands now or formerly of the said John S. Davis, South 19 de- grees, 36 minutes East, thirty and one-tenth (30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West, twenty-nine and one-tenth (29.1) feet to a point marked by a nail on the line of property now or formerly of Harold Stone; thence by the same in a southwardly direction, thirty-seven (37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction, one hun- dred twenty-three and nine -tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected a build- ing known and numbered as 28 and 30 North Market Street, Mechanics- burg, Pennsylvania, with the adja- 65 cent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDG- MENT ENTERED AT THE ABOVE NUMBER AND TERM. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E SWORN TO AND SUBSCRIBED before me this 2 da of May, 2014 Notary COMMON PENNS NOTARIAL SEM - DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -„News Co. 2020 Technology Pkwy r Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the 1iatriot*Xtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the tirnc -����- - --- ter of publication are true; and 2012-5111 Civil Term 31 knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on Members 1st FCU aforesaid D.pursuant to a resolution Vs by virtue and unanimously passed and adopted severally by the Rollace E Heustess feet actors of the said Company and subsequently duly recorded in the office for the Recording of Deeds Barbara A Heustess r now Jhin in Miscellaneous Book "M", Volume 14, Page 317. Atty: Christopher E Rice sce LL THAT CERTAIN tract of land )ne- tuate on the East side of North d by iarket Street, in the Third Ward w or f the Borough of Mechanicsburg, a by :umberland County, Pennsylvania, tion, pore particularly bounded and ; pin lescribed as follows: le tEGINNING at the northeast comer i line f Mket Street and Strawberry trdly :/ley; ence North along the eastern hree ine o Market Street, sixty-seven to a nd o -tenth (67.1) feet to a point .1 corner of Lands now or formerly (ding )wned by the Pennsylvania Railroad d 30 'ompany; thence along the same, burg, Borth 70 degrees 20 minutes East, one tcent iundred fifty-three (153) feet to a post East tt the corner of lands now or formerly A the said Pennsylvania Railroad -2ompany and lands now or formerly if John S. Davis; thence along lands low or formerly of the said John S. )avis, South 19 degrees, 36 minutes ON JUI mcr«v Al THE ABOVE NUMBER AND TERM. :t to ord. RTY 4ND This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworft tQ and subscribed be or e,thl is 02 day of May, 2014 A.D. ryPublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Ward, Notary PUbllc Washington TWp., Dauphin Coup ty My Comml-vmn bores Dec. 12, 2016 EMBER, PENNSYLVANIA As nO/A ION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Members 1st Federal Credit Union is the grantee the same having been sold to said grantee on the 6th day of August A.D., 2014, under and by virtue of a writ Execution issued on the 8th day ofJanuary, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5111, at the suit of embers 1st Federal Credit Union against Rollace E. Heustess and Barbara A. Heustess is duly recorded as Instrument Number 201422434. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /-g day of OaVP-t_ ,A.D.,770/r Recorder of Deeds s, Cumberland County, Cadiste,fr% ssion Expires the First Monday of Jan. 2018 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor HERIFFoS OFFICE OF CUMBERLAND AND COK UNTY AR„ OF THE-FROMM �� ?O\�WO� 1 3 PM 2: � / �"^ ..,�. Coin = "A QL/\MUCwUn`` �~''"~��y�&N\& p���~.�,..` Members 1st FCU VS. Case Number 2012-5111 SHERIFF'S RETURN OF SERVICE 05/21/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Rollace E. Huestess, but was unable to locate the Defendant in his bai|kwick..Hetherehore returns the within Real Estate Writ, Notice and Deschpdion, in the above titled action, as "Not Found” at 28 & 30 North Market St, Mechanicsburg, PA 17055, Current Occupant is the Salon Elena, defendant is not associated with this business, did not leave a forwarding address. 06/18/2014 10:58 AM - Deputy Christopher Sharpe, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 78 West Main Street, New Kingstown, PA 17072, Cumberland County. 08/06/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises 28 and 30 North Market Street, Mechanicsburg, PA, at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PAonAugust OG.2014at1O:0Oa.m. He sold the same for the sum of $1.00 to Attorney Christopher Rice, on behalf of Members 1st Federal Credit Union, being the buyer in this execution, paid to the Sheriff the sum of $ 08X03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises 78 West Main Street, New Kingston, PA at public venue or outcry at the Cumberland County Cuurthouae, 1 Courthouse Squara, Codim|e, PA on September 03, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Christipher Rice on behalf of Members First Federal Credit Union, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST$1.426.68 October 07, 2014 wcoun*Sutesneritt,m*osmInc. SO ANSWERS, RONIVRANOERSON.SHBRIFF On May 16, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Known and numbered as, 78 West Main Street, formerly No. 78 West Carlisle Pike, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: May 16, 2014 ZS 'Vrci .1dia31-r,s A 1 By: (CULL Real Estate Coordinator LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2012-5111 Civil MEMBERS 1ST FCU vs. ROLLACE E. HEUSTESS Barbara A. Heustess Atty.: Christopher E. Rice ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey by Ernest J. Walker, P.E., dated Sep- tember 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route II and lands now or formerly of Potteiger, said point being 40 feet West of an x -out in concrete on U.S. Route II and a right-of-way for drainage; thence South 85 degrees 52 minutes West (incorrectly referred to as South 65 degrees 52 minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route II and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, North 04 degrees 08 min- utes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall, North 03 degrees 30 minutes 20 seconds West, a distance of29.79 feet to an iron pin at an un- named alley; thence along said alley and 'rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an x -out in concrete at other lands now or formerly of said Pottei- ger; thence along said lands now or formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds east, a distance of29. 79 feet to a point; thence along said garage, North 85 degrees 52 minutes East, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other 56 lands now or folinerly of said Pot- teiger; South 04 degrees 08 minutes East, a distance of 160.20 feet to the north side of U.S. Route II, the place of BEGINNING. BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike. TO BE SOLD AS THE PROPERTY OF ROLLACE E. HEUSTESS AND BARBARA A. HEUSTESS ON JUDG- MENT ENTERED AT THE ABOVE NUMBER AND TERM. The Patriot -News Co. • 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be atriotNuus Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. -- - —........._,...-A -meta. rADY-- 2 2-5111 Civil erm MBERS 1ST CU Vs J RO LACE E HEUSTESS Barbara A Heustess Atty: Christopher E Rice ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey by Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route II and lands now or formerly of PEulPinPr -said point being 40 feet West of an x -out in concrete on U.S. Route II and a right- nfa.reu fns ,inymn• This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 scrib-d_before me this 20 day of August, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IS S: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Members 1st Federal Credit Un is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 6th day of May, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5111, at the suit of Members 1st Fed Cr Un against Rollace E & Barbara A Heustess is duly recorded as Instrument Number 201426273. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / day of , A.D. ,O Recorder of Deeds ecordeDeeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 -ow • PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. arie Coyne,Editor SWORN TO AND SUBSCRIBED before me this COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28. 2018