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HomeMy WebLinkAbout12-7480_4; - „~ BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC ~--,.~ ° < By: Brett D. Jackson, Esquire ~ ~ ;~; •~; .~,_. Attorney LD. No. 87517 ~ _- -_ Dana C. Panagopoulos, Esquire ~= Attorney LD. No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: ; °" ,_., Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYS"CONE BANK PENNSYLVANIA Plaintiff vs. SLAGLE ENTERPRISES, L.L.C Defendant CIVIL ACTION-LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE;. 1F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION O ABOUT HIRING A LAWYER. ~ / 03.75 PA ~ ~ ~~~~5a ~~~8yay/ 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 F'EE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 BRUBAKER CONNAUGHTON GOSS & LUCARE,LLI LLC Attorneys for Plaintiff ,,/ ) Date: ~ ~ By. t '---------° rett D. Jackson, Esquire Dana C. Panagopoulos, Esquire BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D.. No. 89491 460 New Holland Ave, Suite 6205 Lancaster, PA 17602 Attorneys for Plaintiff: Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY. GRAYSTONE BANK PENNSYLVANIA Plaintiff vs. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C ~~ Defendant No. ~ ~ " 7~~ G%~"~ COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff, Susquehanna Bank, is a financial institution organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal offices located at 1570 Manheim Pike, Lancaster, Lancaster County, Pennsylvania 17604. 2. Plaintiff is the successor-in-interest to Graystone Bank ("Graystone") as the result of a merger by which Plaintiff acquired, merged with, and survived Graystone. 3. Defendant, Slagle Enterprises, L.L.C. is a Pennsylvania limited liability company with a last known address of 90 Stover Drive, Middlesex Township, Cumberland County, Pennsylvania. 4. On or about March 20, 2006, Defendant, as mortgagor, executed and delivered to Plaintiff, as mortgagee, a certain mortgage ("Mortgage"), upon the premises hereinafter described, the Mortgage being of record in the Office of the Recorder of Deeds of Cumberland County at Book 1943., Page 3934. A true and correct copy of the Mortgage is attached hereto, incorporated by reference, and marked Exhibit A. 5. The premises subject to the Mortgage (the "Mortgaged Premises") is described as follows: All that certain tract of land with the improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described according with a survey prepared by Larry V. Neidlinger, R.S. dated February 4, 1984 and known and numbered as 90 Stover Drive, Middlesex Township, Pennsylvania. 6. Plaintiff is the lawful holder of the Mortgage, and the Mortgage has not been assigned. 7. Defendant is the real owner and mortgagor of the Mortgaged Premises. 8. The Mortgage, pursuant to its terms and the terms of a certain Promissory Note ("Note") having been executed and delivered by Defendant, on or about March 17, 2006 and a Change in Terms Agreement ("Agreement" and collectively with the Note the "Loan Documents'") having been executed by the parties of April 8, 2011, the terms, covenants and conditions of the Loan Documents being incorporated by reference into the Mortgage, is presently in default because of the failure of Defendant t:o pay to Plaintiff monthly payments as and when required under the terms of the Loan Documents. True and correct copies of the Note and Agreement are collectively attached hereto, incorporated by reference and marked Exhibit B. 9. Pursuant to the terms of the Loan Documents and the Mortgage, the entire unpaid balance oi~the debt secured by the Mortgage is now immediately due and payable. 10. The amount presently due under the Mortgage and Loan Documents is as follows: a. Unpaid balance of Principal: $1,064,170.22 b. Interest accrued through 12/5/12 (at a rate of $184.75 per diem): $ 46,067.20 c. Late charges: $ 13,570.46 d. Reasonable Attorney' as authorized: $ 3,500.00 *TOTAL: $1,127,307.88 *Interest on the judgment shall continue to accrue at the legal rate. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in mortgage foreclosure and in the amount of $1,127,307.88. together with subsequently accruing finance, late, and other charges, reasonable attorney's fees accruing from December 5, 2012 (currently accruing at a rate of $184.75 per diem on the current principal balance) and costs of this action. BRUBAKER CONNAUGHTON DOSS & LUCARELLI LLC `l~ Dated: ~ 1~Z By: ~, ---- Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 894941 VERIFICATION I hereby verify that I am Robert D. Sayre, a Loan Workout Officer for Susquehanna Bank; that as such I am authorized to make this verification; and that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. T understand that any false statements contained herein are subject to the penalties of 1$ Pa. C.S. § 4904, relating to unswarn falsification to authorities. Dated: December ~~, 2012 ~' /~~ Robert D. Sayre ;~ s~~~ ~~:~ ~ , Parcel Identification Number: 21-19-1633-035A RECORDATION REaUESTED BY: GRAYSTONE BANK Capital Region 112 Market Street Harrisburg, PA 17101 WHEN RECORDED MAIL TO: GRAYSTONE BANK Capital Region 112 Market Street Harrisburg, PA 17101 ,~/~- +?~CU;~c~? GF uFt~S ~;~tt i ~ ~n~ k~7~ t,:;.~,©Er ~A~?!? 1, ,.?~~ ~ . - ~GG6 ~ i~fl 20 O(Il 10 Op OOOC~Ub~` ~ `f ~ l to ~ f S SEND TAX NOTICES TO: GRAYSTONEBANK Capital Region 112 Market Street Harrisburg, PA 17101 FOR RECORDER'S U.SE_ONLY_ OPEN -END CONSTRUCTION MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES THIS IS A PURCHASE MONEY MORTGAGE Amount Secured Hereby: 51,262,500.00 THIS MORTGAGE dated March ~, 2006, is made and executed between Slagle Enterprises, L.L.C., whose address is 1261 Claremont Road, Carlisle, PA 17013 (referred to below as "Grantor"} and GRAYSTONE BANK, whose address is 112 Market Street, Harrisburg, PA 17101 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all 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 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, roya'Ities, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See the exhibit or other description document 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 90 Stover Drive, Middlesex Township, PA. The Real Property parcel identification number is 21-19-1633-035A. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and, Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND (BI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 51,262,500.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO' THEREFN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: ~K1~~3PG3934 MORTGAGE Loan No: 4OObOQO89'4 (Continued) Page ~ PURCHASE MONEY MORTGAGE. if any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42`P.S. Section 8141. - PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender aN amounts secured by this Mortgage as they become due and shat{ strictly perform all of Grantor's obligations under this Mortgage. CONSTRUCTION MORTGAGE. This Mortgage is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the Com~onwealtfti of Penn>§ylvania. POSSESSfON AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's ppossession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may l1 )j remain in possession and control of the Property; 12) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in .tenantable condition and promptly perform ail repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release o~ threatened release of any Hazardous Substances 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 and acknowledged by Lender in writing, la) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage., treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the" Properly"by any prior owned or occupants of 'the Property, or Ic) any actual or threatened litigation or claims of. any;kjnd by any person r~iating to such matters; and I3} Except as previously disclosed to and acknowledged.. by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shalt use, gei1erata, rnenuf~otufe, store, treat, di§pose of or release any Hazardous Substance on, under, about or from the Property; and Ib} any such activity shailbe conducted in compliance with all applicable federal, state, and 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. and tests, at .Grantgr's expense, as Lender ay deem; appropriate to determine compliance of the Property with this section of the Mortgage. Any in~pe~tions or tests made by "Lender shall be for. Lender's purposes only and shall not be construed tocrsate any responsibility or liability on the part. of Lender to Grantor cr to any other person. The representations and warranties contained herein era based on Grantor's due dil)gence in investigating the Property for Hazardous Substances. t3rar~tot hereby (1i releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable' for cleanup or other oasts under any such laws; and (2) agrees to indemnify and hold harmless Lander againsYany and all: claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain orsuffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, etorage, 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 bean known to Grantor. The provisions of ti-is section of the Mortgage, including she obligation to indemnify, s4tali survive -the payment of the (lndebtadnesa and the satisfaction and reconveyance of the~lien of this Mortgage end shall not be affected by Lender's acgWieition of enyinterest in the"Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suff®r any stripping of or waste on or to -the Property or any portion;o# the Prpperty. Without .limiting the generality of the foregoing, Grantor will not remove, or grant to any other p¢:rty: the right to rsmarve, any imbac, minerals. tinciuding oil and gas), coal; clay, scoria, soil, gravel or rock products ,without Ler-der"s prior written consent. Removal of Improvements. Grantor shall 'not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition tothe removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to re{~lace such improvements with" improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and. representatives may enter upon the Reai .Property at ail reasonable times to attend to Lender's interests and to inspect the Real Preperty for purposes of Grantor's compliance with the terms and conditions of this Mortgage., Compliance with Governmental Requirements. Grantor shall promptly comply with ail laws, ordinances, and regulations, now or hereafter In effect, of alt governmentsi authorities applicable to the use or occupancy of the Prdperty, including without limitation, the Americans' With Dis.ebillties Act. Grantor may contest in good faith any such'Iaw, ordinance, or regulation and withhold oomplfance during any. proceeding,. including appropriate appeals, so'-long as Grantor has notified Lander in writing prior to doing so and so long as,'In Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. 8~{ i 9~3PG39~5 MORTGAGE Loan No: 4000000894 (Continued) Page 3 Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. CONSTRUCTION LOAN. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Grantor shall pay in full all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest created by this Mortgage shall have priority over all possible liens, including those of material suppliers and workmen. Lender may require, among other things,. that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, construction progress reports, and such other documentation as Lender may reasonably request. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;. whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest- with a term greater than three (31 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. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock,~partnership interests or limited liability company interests, as the case may be, of such Granter. However, this option' shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating'to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due land in all events prior to delinquency- all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in v~iriting by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (151 days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any ,costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the ;work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis; for the full insurable value covering all Improvements on the Real Property in an 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 Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of fifteen 1151 days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure B~i943f~G3~3 MORTGAI~E Loan No: 4000000894 (C0ntnucdl ~'~9e ~' to give such notice. Each insurance policy also shall include an endorsement providing that. coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grentar or any otherperson. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency. as a special flood hazard area, Grantor agrees to obtain and .maintain Federal Flood Insurance, if available, far the fu)I unpaid principal balance of the loan and any .prior lierss on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program,. or as otherwise required by {-ender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any lass or damage to the Property. lender may make proof of toss if Grantor fails to do so within fiifteen t15} days of the casualty. Whether or not. Lender's security is impaired, Lender may, at Lender's election, receive- and retain the proceeds of any insurance and apply the proceeds to the reduction of the indebtedness, payment of any lien affecting he Property, or the restoration and repair of the Property. If Lender Bleats to apply the proceeds to restoration and repair, Grantor shall. repair ar replace the damaged or destroyed Improvements in a (Wanner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable- cost of repair or restoration if Grantor is not in default under this Mftrl~epe. Any proceeds which have. not bean disbursed within 1 SO days after their receipt and which Lender has: net committed to the repair or restoration of the .Property shall be used first to pay any amount. owing to Lender under this. Mortgage., then to pay accrued interest; and the remainder, if any, shall be applied to the principal balance of the indebtedness. if Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish. to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; {2) the risks insured; (3} the amount of the policy; (4) the property insured, the then current replacement value. of such property, and the manner of determining that value; and i5} the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cssh' value replacement cost of the Property. TAX AND INSURANCE RESERVES. Upon request by .Lender and subject to applicable law, .Grantor shall pay to Lander each month on the day payments are due under the Note until the Note is paid in full, a sum t"Escrow Funds"} squat to one-twelfth of (a) all annual taxes, special taxes, assessments, water charges end sewer service charges levied. against or on account of the Property and (b} annual premiums for policies of Fire insurance witfi all`risks standard extended coverage required under this Mortgage I"Escrow Items"). Lender may estimate the emaunt of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. Aft Escrow Funds shall be held by Lender and. applied to pay the Escrow Items when due. Lender will noC charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lander pays .Grantor interest on the Escrow Funds. and applicable law permits Lender to make such a charge. Grantorand Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow. Funds. The Escrow Funds are pledged as edditionaF security for the amounts secured by this Mortgage. If the amount of the Escrow funds held by Lender, togetherwith the future monthly payments of Escrow Funds prior to the due dates of the Escrow Items, shall exceed .the amount required to pay the Escrow Items when due, the excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. If the amount of .the Escrow Funds held by Lender is not sufficient to pay the Escrow Items when due, Grantor shall pay to Lander any amount necessary to make up the deficiency in one or more payments as required by Lender. LENDER'S EXPENDITURES. If any action or proceeding )s commenced that would. materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's b~hai# may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All. such expenditures!incurred or paid by Lender for such purposes will when 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; (B) be added to the balance of the Note and-be apportioned among and be payable with any installment payments to become due during either (1 } the term of any applicable insurance policy; or t2) the remaining term of the Note; or IC} be treated as a batloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shell be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lander for alt such expenses shalt survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property irr fee simple; '~KI9~3~~393~ MORTGAGE Loan No: 4000000894 (Continued.) Page 5 free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, ani9 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 warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to. Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full 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 shall promptly notify Lender in writing, and Grantor shall promptly take such steps as maybe necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award 'after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies; (11 a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and 14) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either 11) 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 Interest. Upon request by Lender, Grantor shall 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 this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal ~~ 1943FG~9~8 MORTGAGE Loan No: 4000000894 (Conf~nu~d) Page ~ Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within threw (3i days after rdceipt of written demand from Lender to the. extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtort and Lender isecured partyi from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDI710NAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested 6y Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust,. security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, .certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, aompiete, perfect, continue, or preserve (11 Grantor's abligatioras under the Note, this Mortgage, and the Related Documents, and (21 the liens end security interests created by this Mortgage es first and prior liens on "the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for ail costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authoritatiotrs. If Granter fails to do any of theithings re#erred to in the preceding paragraph, Lender. may do so for and in the Hama of Grantor and at Grantor's. expense. For such purposes,. Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do al! other things as maybe 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 PERI=ORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all. the obligations imposed upon Grantor under this Mortgage, Lander. ehail execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement an 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 an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect d+scharge of any lien.. Other Defauks. Grantor fails to comply with or to perform any other term, obligation, covenant or oondition 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. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or an Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any materiat respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in fuck force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue. is medal, any member withdraws from the limited liability company, or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of orantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor warkaut. 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 by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, .this Event of Default shall not apply if there is a goad faith dispute by Grantor as to the validity dr reasonableness of the claim which is the basis of-the creditor or forfeiture proceeding and if Grantor gives Lender written. notice of tfie creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. ~~ ~ 7~~C~~~~~ MORTGAGE Loan No: 4000000894 (COnttnued) Page 7 Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to 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 the prospect of payment or performance of the Indebtedness is impaired. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: 11) cures the default within fifteen (151 days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of :the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and 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 and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right tQQ have a receiver appointed to take possession of all or any part of the Property, with the power to protect and pre§erve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Pro~erty and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or• through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for pos"session of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received ifrom the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in .possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) ~~{i9~3~~39Q MORTGAGE Loan No: 4000000894 (CotttFnued) Page 8 pay a reasonable rental for the use of the Property, or (21 vacate the Property immediately upon the demand of Lender. Other 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. To the extent permitted by applicable law, Grantor hereby waives any .and all right. to have the Property marshalled. In exercising its rights and remedies, Lender shall. be free to sell ail or any pan. of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal.. Property or of the time after which any private sale or otha~ intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten. it0} days before the time of the sale or disposition. Any sale of the Personae 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 obiigateon of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to deoiare s default and exercise its rernadias. Nothing under this Mortgage or otherwise shah be construed so as .to; limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against arty other co-maker, guarantor, surety or endorser and/or to proceed against any other coAateral 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 as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by .law, ail reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shalt become a part,of the indebtedness payable on demand and shall bear interest at the Note rate from the date of the expendsture until repaid. E*pans+rs covered by this paragraph include, without limitation, however subject to any limits under appljoabie 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 post-judgment collection services, the cost of searching records, obtaining! title reports (including foreclosure reports?, surveyors' reports, and appraisal fees and title insurance, to the. extant+permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimiie (unless otherwise required by law?, when deposited with a nationally roc®gnized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered- rFiaii pastaga .prepaid, directed to the addresses shown near the beginning of this Mortgage. Ali copies of notioes of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section $143, et. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party .may change. its. address for_notioes 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 ail times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than oneGrantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. CROSS COLLATERALIZE/CROSS DEFAULT. This loan will be cross-coilateraiized/cross-defaulted with all other loans from Borrower, or any of Borcower's related entities, to Lender. if at any time there is a default under this loan, al! loans will be considered in default and ell outstanding arrtoun#s under the loans will ba immadiatety due and payable in full. A default in one loan shall constitute a default in all others. MISCELLANEOUS PROVISFONS. The fallowing miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related ,Documents, constitutes the entire understanding anti agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given en writing and signed by the party. or parties sought to be charged or bound by the alteration or amendment, Annual Reports. If the Property is used for purposes other than Granter's residence, Grantor shall. furnish to Lender, upon request, a certified statement of net operating. income reeeiued from the. Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean a(I cash receipts from the Property less ail cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to 8~943~G39~~ MORTGAGE Loan No: 4000000894 (Continued} Page 9 interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. 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 exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's fight otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lehder's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender his required under this Mortgage, the granting of such cohsent 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. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at: any time held by or for!the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the 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 Slagle Enterprises, L.L.C. and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and alf state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and 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 default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Slagle Enterprises, L.L.C.. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or al! of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without Irmitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physicaP, chemical or infectious characteristics, may cause or pose a present or potential hazard ~~9~3P~3~~2 MORTGAGE Loan No: 4000000894 (Colnfiinued) Page 10 to human health or the environment when improperly used, created, stored, disposed of, generated, manufactured, transported or otherwise handled. Tha words "Hazardous Substances" are used. in their very broadest sense and include without limitation any and all hazardous or toxic substances, matatiais or waste as defined by or listed under the Environmental Laws. The term Hazardous Substances" also includes, without Ilmitatlon, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means ail 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 atl principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with ail renewals of, extensions of, 'r~odificatiohs df, consolidations of and substitutions for the Note or Related Documents and any amounts expanded or advanced by Lender to dlscharga 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. Lender. The word "Lender" means GRAYSTONE BANK, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word, "Noce" means the promissory note dated ll~arch 17, 2008, in the original principal amount of $.1,262,500.00 from Grantor to Lender, together >Nith all renewals of, extensions af, modifications of, refinancings of, consolidations of, and substitutlons for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean .all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and new or hereafter attached or affixed 'to the-Real Property; together with all accessions,. parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds iincluding without limitation alt insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now oc hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND iT IS fNTENOED~ THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRi1MENT ACCQRnING TO LAW. GR. SLE ay: MORTGAGE Loan No: 4000000894 {Continued) Page 11 CERTI°FICATE OF RESFDENCE I hereby certify, that the precise address of the mortgagee, GRAYSTONE BANK, herein is as follow Capital Region, 112 Market Street, Harrisburg, PA 17101 Attorney. or Agent for rtgagee LIMITED LIABFLITY COMPANY ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ! SS COUNTY OF _ `uM.dCQt~{:VA ) On this, thgg .Zd-f'1~ day of ~~lrc h , 2006 ,before me d Ne~~iM (w « the undersigned Notary Public, personally appeared Robert L. Slagle, Sole Member of S agle Enterprises, L.L.C., who acknowledged himself or herself to be the member or designated agent of Slagle Enterprises, L.L.C., a Limited Liability Company, and that he or she as such a member or designated agent, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Limited Liability Company by himself or herself as a member or designated agent. „~ In witness whereof, I hereunto set my hand and' COMMONWEALTH OF PENNSYLVANIA ~Z~~d~ ~~~ '~ jJf~i'•~~r;,. i .:~ .• tir Notarial Seal ;;77 •:. ~ ; - , Sandra K Showers, Notary PubUC Notary Public in and for the State of Ritas..lusr~ ~ ~ ,: e.a , Mechanicsburg Born, Cumberland County , y.~! ~ ~. " `~" My Commission Expires Nov. 22, 2007 f~'`~ •: ,: n` .~, esq. Member, Pennsylvania Association Of'Notaries •• ~=~~~ _.t,~~ _~x~;, .- Cep,. Nwlmd Fnpnpin SeWrkn.. ine. 1997, 7006. NI Nlphu R•,ervsd. • PA 5:lprowlc•1CFlILPL1G07.FC T0.dK PN•3 ~~ 9~~~~~~~• " LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey prepared byT Larry V. Neidlinger, R.S. dated February 4, 1984, as follows, to wit: BEGINNING at a.point located in the southern right-of-way line of Interstate Route 8I, at corner of lands now or formerly of the Cumberland County Redevelopment Authority; thence by lands now or formerly of the Cumberland County Redevelopment Authority, South 27 degrees 24 minutes 30 seconds East, a distance of 298.45 feet to a point in the western right-of-wa5r line of Stover Drive; thence along said .right-of way line on; a curve to the left having a radius of 225.00 feet, an arc distance of 195.86 feet to a point; thence by same, South 27 degrees 24 minutes 30 seconds East, a distance of 13.00 feet to a point; thence along the northern right-of- way line of a private service road, South 65 degrees 09 minutes 31 seconds West, a distance of 28.35 feet to a point; thence by same South 67 degrees 36 minutes 28 seconds West, a distance of 183.69 feet to a point; thence by lands now or formerly of Frank L. Black, Jr. and Ruth E. Black, his wife, Norti~ 27 degrees 24 minutes 30 seconds West, a distance of 416.14 feet to a point in the southern right=of--way line of Interat~te Route 81; thence by said right-of--way line, North 54 degrees 11 minutes 44 seconds East, a distance of 153.73 feet to a point; thence by.same, North 51 degrees 11 minutes 17 seconds East, a distance of 103,34 feet to a point; thence by same, North 51 degrees 55 minutes 23 seconds East, a distance of 3$.59 feet to a point, the Place of BEGINI~NG. BEING Lot No. 2.on the Final Subclivision Plan for Frank L. Black, Jr., dated February :~, 1984, and recorded in Cumberland County Plan Book 45, Page 57 ~~ having thereon erected a warehouse and manufacturing facility known and numbered as 90 Stover Road. CONTAINING 2.772 acres. EEING the same p.x'e~tises. which Dennis A. Knaub, single pezsor., by his Deed dated March 20, 2006, and reworded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, immediately prior to thE. recording of the within MortGage, granted and conveyed unto Slagle Enterprises L. I.. G., the Borrower and Mortgagor•~he~rein: ~ ~; .~" ~, ~ ,'~~ t ~'1 1~~~~3"~ PROMISSORY NOTE BorrOWer: Slagle Enterprises, L.L.C. 1261 Claremont Road Carlisle, PA 17013 Lender: GRAYSTONEBANK Capital Region 112 Market Street Harrisburg, PA 17101 Principal Amount: $1,262,500.00 Date of Note: March 17, 2006 PROMISE TO PAY. Slagle Enterprises, L.L.C. ("Borrower") promises to pay to GRAYSTONE BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Million Two Hundred Sixty-two Thousand Five Hundred & 00/100 Dollars ($1,262,500.00), together with interest on the unpaid principal balance from March 17, 2006, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: Principal and interest are due and payable in 60 equal consecutive monthly installments of $10,448.47 each, commencing on May 1, 2006 and ending April 1, 2011 (payment based on a 240-month amortization. From the date hereof until April 1, 2011 ("Initial Fixed Rate Period") interest shall be fixed at 7.75%. Thereafter, the interest rate shall be re-negotiated to a new fixed rate offered by Lender in its sole discretion land agreed to by Borrower), or the rate shall revert to Graystone Bank's Prime Rate (as defined in Variable Interest Rate below) plus 1.00°k. After the Initial Fixed Rate Period and based on the subsequent change in interest rate, the monthly payment shall be changed to an amount sufficient to amortize the unpaid principal balance over the remaining amortization period of 180 months. Such payments shall begin May 1, 2011 and will continue until maturity. All unpaid principal together with any unpaid interest and late charges shall be due and payable at maturity, April 1, 2016. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: A prepayment penalty will be charged if the Note is prepaid, in whole or in part, during the fixed rate period. The fee will be based on: (al the amount prepaid before the due date, (b) the difference in the cost of funds yield between the date the Note was made (original cost of funds yield) and the date of prepayment (subsequent cost of funds yield), and (c) time remaining until the' due date (in years and months) between the date of the prepayment and the date the Note is due. A prepayment fee will not be charged on any amount (up to 20% of the original principal amount)-Prepaid within any loan year from internally generated funds. The term "loan year" is defined as any period of one year commencing on the closing date or any anniversary date thereafter. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: GRAYSTONE BANK, 112 Market Street Harrisburg, PA 17101. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $250.00, whichever is greater. 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 Note to 3.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the 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") 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 other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or PROMISSORY NOTE Loan No: 4000000894 (Continued) Wage a surety bond for the creditor or forfeiture proceeding, in an amount determined lay Lender, in its sole discretion., as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness ur any Guarantor dies or becomes incompetent, or revokes or disputes the validity of; or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the 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 payment ar performance of this Note is impaired. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been .given a notice of a breach of the same provision of this Note'. within the preceding twelve {12) months, it may be cured if Borrower, after receiving written notice from Lander demanding cure of sWch default: (1) cures the default within fifteen 1151 days; or (2) if the cure requires mare than fifteen 115} days; immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes. all seasonable and necessary steps sufficient to produce compliance as goon 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 on this Nate and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' F. EF.S; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrawer wilt pay Lender that amount. This includes, subject to any limits under applicable law; Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expanses far bankruptcy proceedings {including efforts to modify or vacate any automatic .stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs; in addition to alt other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either. Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law appiicabla to Lender. and, to the extent not preempted by federal law, the. taws of the Commonwealth of Pennsylvania wtthout regard to its. conflicts of law provisions. This Note has. been accepted by Lender ire tine Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender {whether checking, savings, or some other account). This includes ail accounts Borrower holds jointly with someone else .and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts,. or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts. SECURITY. All collateral (as herein defined) is security for. this Note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present or future indebtedness, oblig~tlons and undertakings {whether irfdividual, .joint, several, direct, contingent or otherwise) of the. Borrower to or for the benefit of Lender, whq#her arising diraetiy to Lender under this Note• or under any other agreement; promissory note or undertakings now existing or hereinafter en~ered into by the Borrower to the Lender. The term "Cotlaterei°' includes all tangible and intangible property (ii described in any mortgage, pie ge, assignment or other security document separately executed in favor of Lender, and Iii) in which a security interest has been granted to Lenderpursuant to this Note. CROSS COLLAT.ERALIZE/CROSS DEFAULT. This loan will be cross-collateralized/cross-defaulted with all other loans from Borrawer, or any o* Borrower's related entities, to Lender. If et any time there fs a default under this- loan, ail loans will be considered in default and all outstanding amounts under the loans will be immediately due and payable in full. A default in one loan shall constitute a default in all others, SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand far payment, and notice of dishonor. Upon any change in the farms of this Note, and unless otherwise expressly stated in writing, no party who signs this .Note,. whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender. may renew or; extend (repeatedly and for any length of time) this loan or release any party or guarantor ar collateral; or impair, fall to realize upon. or perfect Lender's security Interest in the collateral; and take any other action deemed necessary by Lander without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several: !f any portion of this Nate is for any reason determined to 6e unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY C5R THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER •AFTER A DEFAULT UNDER THiS NOTE ANO WiTH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF TWIS NOTE AND ALL AGCRUEO INTERiST, LATE CWARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL. SECURING 7HIS NOTE, TOGETWER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST" FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8504) ON WHICH JUDGMENT OR JUDGMENTS ONE. OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOiNG, THIS NOTE OR A COPY OFTMS NOTE VERIFIED BY AFFLDAViT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED iN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TiME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL Of ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCW CONFESSION OF JUDGMENT AND STATES THAT EITNEfi A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION' TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. . PROMISSORY NOTE Loan No: 4000000894 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD All THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. t3U S L~ By: LENDER GRAYSTONE BAN X Steven D. utz, Vice President eal) LASER PRO lvndmp. Ver. 5.79.00.007 Copr. HedenO Flnpnad 5ablbn,, Ine. 1997, 7000. All Riphb Rvvarrvd. - PR 5:bravuhs\CFl1VL1070.FC 7A•749 PR-7 CHANGE tN TERMS AGREEMENT BorrOWer: Slagle Enterprises, LL.C. 1261 Claremont Road Carlisle, PA 17013 Lender: Graystone Bank, a Division of Graystone Tower Bank Capital Region 112 Market Street Harrisburg, PA 17101 Principal Amount: $1,112,716.35 ~ Date of Agreement: April 8, 2011 DESCRIPTION OF EXISTING INDEBTEDNESS. On March 17, 2006, Borrower executed and delivered to Lender a Promissory Note in the original Principal Amount of One Million Two Hundred Sixty Two Thousand Five Hundred and 00/100 Dollars ($1,262,500.00) ("Note") payable in 60 monthly installments of $10,448.47 each based on an initial fixed interest rate of 7.75%, with a renegotiation of the interest rate thereafter. As of the date of this Agreement, the principal balance of this Note is One Million One Hundred Twelve Thousand Seven Hundred Sixteen and 35/100 Dollars ($1,112,716.35). DESCRIPTION OF CHANGE IN TERMS. Effective April 1, 2011, and as provided under the PAYMENT section of this Agreement, Lender and Borrower have agreed to fix the interest rate at 6.25% for the remaining tens, The monthly installment of $9,571.22 is based on the prior payment of the April 1, 2011 statement. PROMISE TO PAY. Slagle Enterprises, LL.C. ("Borrower") promises to pay to Graystone Bank, a Division of Graystone Tower Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Million One Hundred Twelve Thousand Seven Hundred Sixteen $ 35/100 Dollars ($1,112,716.35), together with interest on the unpaid principal balance from April 8, 2011, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 6.250% per annum based on a year of 360 days, urrtil paid in full. The interest rate may change under the terms and renditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borcower will pay this loan in accordance with the following payment schedule: Borrower will pay this loan in 59 consecutive monthly installments of $9,571.22 each (payment based on prior payment of the April 1, 2011 payment for a principal balance of $1,109,685.97 and a 180-month amortization) and one final payment due at maturity. Borrower's first payment is due May 1, 2011, and all subsequent payments are due on the same day of each mohth after that. Borcowers final payment wilt be due on April 1, 2016, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principah then to any late charges; and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this loan is computed using this method. PREPAYMENT PENALTY. Upon prepayment of this Agreement, Lender is entitled to the following prepayment penalty: A prepayment penalty will be charged if the Note is prepaid, in whole or in part, during the fixed rate Period. The fee will be based on: (a) the amount prepaid before the due date, (b) the difference in the cost of funds yield between the date the Note was made (original wet of funds yield) and the date of prepayment (subsequent cost of funds yield), and (c) time remaining until the due date (in years and months) between the date of the prepayment and the date the Note is due. A prepayment fee will not be charged on any amount (up to 20% of the original principal amount) prepaid within any loan year from internally generated funds. The term "loan year" is defined as any period of one year commencing on the closing date or any anniversary date thereafter. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lenders rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written wmmunications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: GRAYSTONE TOWER BANK, 1826 Good Hope Road Enola, PA 17025. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $250.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this loan shall be increased by 2.000 percentage points. If judgment is entered in connection with this Agreement, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Bonower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement 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 Bonower. , Fakse Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borcowers behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution of Bonower (regardless of whether election to continue is made), any member withdraws from Bonower, or any other termination of Borcowers existence as a going business or the death of any member, the insolvency of Bonower, the appointment of a receiver for any part of Borcowers property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency Taws by or against Bonower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Bonower or by any governmental agency against any wltateral securing the Indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Bonower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Bonower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being C'HAW~E IN T~RM~ A~R~MENT Loan No: 4000000894 (COntinUed) t age ~ an adequate reserve or bond for the dispute. Guarantorfd es o Gbecomes inconmpetent orerevokeseor d sputes the~tvalidity of, torat'tabi ityaunder, anynGuara ~ onf th~ndebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower°s financial condition, or Lender believes the prospect of .payment or performance of the Indebtedness Is impaired. Cure Provisions. if any default, other than a default in payment is curable. and if Borrower has not been given a notice. of a breach of the same provision of this Agreemertf within the preceding twelve (12} months, it may be cured ifi Bonawer, after Lender sends written notirx to Borrower demanding cure of such default: (i) cures the tlefeult within flftean.(15) days; or (2) if the cure. requires roots than fifteen (15) days, immediately initiates steps which Lender deems' in Lender's sole discretion to be sufficient to cure. the default and thereafter continues and completes alt reasonable and necessary steps sufficient to produce compUance as soon as reasonably practical, LENDER'S RIGHTS. Upon default, Lander may, after giving such notices;as required by applicable, law, declare the entire unpaid principal balance under this Agreement 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 hefp collect this Agreement if Ban-owes does not pay. Borrower will pay Lender that amount. This includes, subject to arty limits under applir;~ble law, Lender's reasonable attorneys' fees and Lender's legal expenses, wtietteer or not there is a lawsuit, irtduding reasonable attomeys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), end appeals. tP not pratjibited by appiicabie law, Borrower also wiU .pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial. in any action, proceeding, or counterclaim brought 6y either. Lender or gnrrowsr against the other. GOVERNING LAW. This Agreement will be govemect by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of-the- Commonwsalith of P®nnsylvania without regard to'its eoMilcts of law provlatans. This Agr+semant has been accepted by Lender In the Caunmonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lander reserves a right of setoff in all Borrower`s acxrounts with Lender (whether checking, savings, or some other account). This includes all acxounts Borrower holds jointly with someone else and: ail atxounts Borrower may open in the future. However, this does not include any IRA or Iteogh accounts, or any trust accounts for which setoff w©ufd be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, ib charge or setoff all'sums owing on the indebtedness against any and all such accounts. CONTINUING VALIDITY. Percept as expressly changed py this Agreement, the terms of the original obligation or obiigatians, including ail agreements eukleneed-or securing.tlae:obtigation(s), remain unchanged end in full force and Affect. Consent by Lender to this Agreement does not waive Lender's right to sMct .performance of the oblglatiort(s) as changed, nor obHgete Lender to make any itlture change in terms. Nothing in this. Agreement wilt constitute e. satin°n of the obligation{s). it Is the intention of Leutder t0 retain as liable parties all makers and endorsers of the original obiigsdon(s), inducting accommodation Parties' unless a party is expressly released by Lender in writing. Any maker or endorser:; inducting aocammoclailon makers, will not be released by virtue oi• this Agreement. K any person .who sighed the original obligation does: no> :sipn this Ag~ement. below, than:. a[I persons signing below acknowiedge that this Agreement is given condftionalry, based on the representation to Lender that the-norrsigrting party oonaentai to.the changes.and prcnrisions of this Agreement ar otherwise will not be released by it. This. waiver applies not only to any initial extension, rnaditlcation or relbase, but also to ail such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall 6e enforceable by Lender and its successors and assigns. MISEELLANEOUS PROVISIONS. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may delay or forge enioroing any of its rights or remedies under this Agreement without losing-riRem. Borrower: and any other person who signs, guarantees or endorses this Agr~ment, to the extent allowed by law; waive praeer+tment, demand. for payment, and notice cf dishonor. Upon any change in the terms of this Agreement, and unless othenuise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shat{ tie released from liability. Ail such parties agree that Lander may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize uppn or perfect Lender's security interest in the collateral;, and take any other action deemed necessary by Lender without the consent of or n~ati W~ nansY®n~~~~© parties also agree that Lender may modify this loan without the consent of or notice to anyone'ather than-the party is made. The obligatbns under this Agreement are-joint and several. CHANGE IN TERMS AGREEMENT Loan No: 4000000894 (Continued) Page 3 PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALI. CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: BEAGLE E /RISfE'S, L.L.C ey: FG~i~ a Seal) Robert L. Slagle, So a ember f Slagle Enterprises, L.L.C. LENDER: GRAYSTONE BANK, A DI ON OF GRAYSTONE TOWER BANK X ~ ~ ~~~ Thomas Bream, Vice President LASER VRO LvMHq, Ver. 5.56.90.00.5 Cep. Nelwrq FlnvneW SaWbna, InC. 199), i01i. N Riplly Rv~anA. ~ DA c:IPRO3VITElCF11LPLlp]pC,FC TR•L6 PR.9 BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire 2013 MAR 14 PM 1: 1 o Attorney I.D.No. 87517 Dana C. Panagopoulos, Esquire CUMBERLAND COUNT Attorney I.D.No. 89491 PENNSYLVANIA 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff- Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff VS. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment against the Defendant, Slagle Enterprises, L.L.C., and in favor of the Plaintiff, Susquehanna Bank, in foreclosure and the amount stated below for failure of the Defendant to file an answer or responsive pleading within twenty (20) days of service of the Complaint upon them on February 6, 2013. The undersigned hereby certifies that on February 28, 2013 notice of Plaintiff's intention to file this Praecipe for entry of judgment was mailed to the Defendant as required by Pa.R.C.P. 237.1. True and correct copies of the notices are attached hereto and marked Exhibit A. Please enter judgment as follows: Principal: $ 1,064,170.22 Interest accrued through 3/12/2013 ($184.75 per diem) $ 63,987.95 Late Charges $ 13,570.46 14702 a Q 1 7 s 3 A 1411,113 .71 1 Reasonable Attorneys' Fees, as authorized $ 3,500.00 TOTAL: $ 1,145,228.63 "Continuing interest at the legal rate shall accrue from the date of the entry of judgment. BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC Date: Z- 3 By: ana C. Panagopoulos, Esquire Attorneys for Plaintiff Attorney I.D. No. 89491 Judgment shall be tere dir q Prothonotary 14702 EXHIBIT A 14702 LLC BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC ATTORNEYS AT LAW Dana C.Panagopoulos,Esquire danap@bcizl-law.com 717-945-5750 February 28, 2013 Robert E. Chernicoff, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Re: Susquehanna Bank v. Susan Deremer Slagle No. 12-7479 Civil Term Susquehanna Bank v. Slagle Enterprises, L.L.C. No. 12-7480 Civil Term Dear Mr. Chernicoff: Enclosed are the Important Notices directed to Susan Deremer Slagle and Slagle Enterprises, L.L.C. Sincerely, ana C. Panagopoulos DCP:llr:13586 480 New Holland Avenue, Suite 6205, Lancaster, PA 17602 tel 717-945-5745 WWW.BCGL-LAW.COM 717-945-5764 fax No. 12-7480 Civil Term BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D.No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff vs. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Terns To: Slagle Enterprises, L.L.C. c/o Robert E. Chernicoff, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Date of Notice: February 28, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE OR FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD 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. Doc 13582 • No. 12-7480 Civil Term CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC Date:oa- By: e Dana C. Panagopoulos, Esquire Attorneys for Plaintiff, Susquehanna Bank Doc13582 BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D.No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY. GRAYSTONE BANK PENNSYLVANIA Plaintiff vs. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term Pursuant to requirements of Pennsylvania Civil Procedural Rule#236,you are notified that there was entered in this office today,in the above-captioned case- ■ Judgment in mortgage foreclosure and in the amount of$1,145,228.63 plus subsequently accruing interest, attorneys' fees, costs, and charges, for Plaintiff and against Defendant, Slagle Enterprises, L.L.C. ❑ Judgment for Defendant/s and against Plaintiff/s. PROTHO TAR a3 Dated: 1 To: Slagle Enterprises, L.L.C. c/o Robert E. Chernicoff, Esquire Cunningham& Chernicoff, Esquire 2320 North Second Street Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WRIT OF EXECUTION - (Mortgage Foreclosure) (Pa. R. C. P. 3180 to 3183, and 3275) SUSQUEHANNA BANK, for itself and ti'{ - CD as successor-in-interest to Graystone Bank : vs. CD Slagle Enterprises, L.L.C. : No. 12-7480 Civil Teri` PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue a writ of execution in the above matter, directed to the Sheriff of Cumberland County, against Slagle Enterprises, L.L.C., Defendant/s and direct sheriff to levy on 90 Stover Drive Carlisle, PA 17013 Amount Due: $1,145,228.63* O *Additional costs to be added. All attorneys' fees, costs and other charges which accrue hereafter, as authorized, are to be collectable under the judgment. Interest shall accrue $`+13�'� P0�r . 4 5 C$F from the date of the entry of judgment. 103- 95 " 11 . '15 Dated: Le ( 2 of 116.5D " ao3.95 P6 ATr, Dana C. Panagopoulos, Esquire BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC 480 New Holland Avenue, Suite 6205 Lancaster, PA 17602 $a-a!5 (Joe 0Z ,So GL 6#3809 e� q 13(03 BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D.No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA �! Plaintiff --c + cc VS. CIVIL ACTION-LAW r`_ SLAGLE ENTERPRISES, L.L.C. a Defendant No.12-7480 Civil Term RULE 3129.1 AFFIDAVIT r � Susquehanna Bank, for itself and as successor-in-interest to Graystone Bank, Plaintiff in this action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information regarding the property located at 90 Stover Drive,Middlesex Township, Cumberland County, PA 1. Name and address of owner or reputed owner: Slagle Enterprises, L.L.C. 90 Stover Drive Carlisle, PA 17013 2. Name and address of Defendants in the Judgment: Slagle Enterprises, L.L.C. 90 Stover Drive Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Susquehanna Bank 1570 Manheim Pike Lancaster, PA 17604 c� a Orrstown Bank 77 East King Street Shippensburg, PA 17257 4. Name and address of the last recorded holder of every mortgage of record: Susquehanna Bank 1570 Manheim Pike Lancaster, PA 17604 5. Name and address of every other person who has any recorded lien on the property: Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Rm 106 Carlisle, PA 17013 6. Name and address of every other person who has any record interest and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland Valley School District 6746 Carlisle Pike, Mechanicsburg, PA 17050 Middlesex Township 350 N.Middlesex Rd. Carlisle,PA 17013 Cumberland County Treasurer 1 Courthouse Square Old Courthouse, Room 103 Carlisle, PA 17013 VERIFICATION I hereby verify that I am a Loan Workout Officer for Susquehanna Bank;that as such I am authorized to make this verification,and that the information set forth in the foregoing Affidavit is true and correct to the best of my knowledge,information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Dated: Robert D. Sayre 20697 t BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D.No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff VS. C-) CIVIL ACTION-LAW , SLAGLE ENTERPRISES, L.L.C. ,a'� c. ` Defendant No.12-7480 Civil Term k '`- cn r r", NOTICE OF SHERIFFS SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 r To: Slagle Enterprises, L.L.C. Slagle Enterprises,L.L.C. 90 Stover Drive cJo Robert E. Chernicoff, Esquire Carlisle, PA 17013 Cunningham&Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 TAKE NOTICE: That the Sheriffs Sale of Real Property(real estate)will be held: DATE: WEDNESDAY, September 4, 2013 TIME: 110:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square, Carlisle,PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the properties,together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). THE LOCATION ofyour property to be sold is: 90 Stover Drive Carlisle, PA 17013 r THE JUDGMENT under or pursuant to which your property is being sold is docked in the within Commonwealth and County to: No.12-7480 Civil Term THE NAME OF THE OWNER OF REPUTED OWNER OF THE PROPERTY is: Slagle Enterprises, L.L.C. A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes)will be filed by the Sheriff of this County thirty(30)days after the sale and distribution of the proceeds of sale in accordance with this schedule will,in fact,be made unless someone objects by filing exceptions to it within ten(10)days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, One Courthouse Square, Room 303, Carlisle,PA 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD,TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer may advise you more specifically of these rights. IF you wish to exercise your rights,YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA-1"OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108/717-249-3166 THE LEGAL RIGTHS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered a judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale,you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFFS DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office-Civil Division,of the within County Courthouse,before presentation to the Court. BRUBAKER CONNAUGHTON GOSS &LUCARELLI LLC Attorneys for Plaintiff By: C.�)_�Brett D.Jackson, Esquire Dana C.Panagopoulos, Esquire 4 Sale No.: 12-7480 Dana C. Panagopoulos, Esquire Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey prepared by Larry V. Neidlinger, R.S. dated February 4, 1984, as follows, to wit: BEGINNING at a point located in the southern right-of-way line of Interstate Route 81, a corner of lands now or formerly of the Cumberland County Redevelopment Authority; thence by lands now or formerly of the Cumberland County Redevelopment Authority, South 27 degrees 24 minutes 30 seconds East, a distance of 298.45 feet to a point in the western right-of-way line of Stover Drive; thence along said right-of-way line on a curve to the left having a radius of 225.00 feet, an are distance of 195.86 feet to a point; thence by same, South 27 degrees 24 minutes 30 seconds East, a distance of 13.00 feet to a point; thence along the northern right-of-way line of a private service road, South 65 degrees 09 minutes 31 seconds West, a distance of 28.35 feet to a point; thence by same, South 67 degrees 36 minutes 28 seconds West, a distance of 183.69 feet to a point; thence by lands now or formerly of Frank L. Black, Jr. and Ruth E. Black, his wife, North 27 degrees 24 minutes 30 seconds West, a distance of 416.14 feet to a point in the southern right-of-way line of Interstate Route 81; thence by said right-of-way line, North 54 degrees 11 minutes 44 seconds East, a distance of 153.73 feet to a point; thence by same, North 51 degrees 11 minutes 17 (erroneously set forth in prior deeds as 44) seconds East, a distance of 103.34 feet (erroneously set forth in prior deeds as 153.73 feet) to a point; thence by same, North 51 degrees 55 minutes 23 seconds East, a distance of 38.59 feet to a point, the place of Beginning. BEING Lot No. 2 on the Final Subdivision Plan for Frank L. Black, Jr., dated February 2, 1984, and recorded in Cumberland County Plan Book 45, Page 57 and having thereon erected a warehouse and manufacturing facility. CONTAINING 2.772 acres. BEING TAX PARCEL NO. 21-19-1633-035A BEING KNOWN AS 90 Stover Drive, Middlesex Township, Cumberland County, Pennsylvania. 20665 BEING THE SAME PREMISES which Dennis A. Knaub, single person, by Deed dated and recorded March 20, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 273, Page 3028, et seq., granted and conveyed unto Slagle Enterprises, L.L.C., a Pennsylvania limited liability company, its successors and assigns. SEIZED AND TAKEN in execution of the property of Slagle Enterprises, L.L.C., Defendant and Mortgagor herein, under Judgment No. 12-7480. 20665 BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNT', GRAYSTONE BANK PENNSYLVANIA �,, Plaintiff CIVIL ACTION-LAW �— : SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term CD WAIVER OF WATCHMAN Any Deputy Sheriff levying upon or attaching any property under the within Writ may leave same without a watchman, in custody of whoever is found in possession (after notifying such person of such levy or attachment), without liability on the part of such Deputy or the Sheriff to any Plaintiff herein for any loss, destruction or removal of any such property before the Sheriff's Sale thereof. BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC Attorneys for Plaintiff Dated: 1 0 ana C. Panagopoulos, Esquire, 20719 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-7480 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK, for itself and as successor-in- interest to GRAYSTONE BANK, Plaintiff(s) From SLAGLE ENTERPRISES,L.L.C. (l) 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 gamishee(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: $1,145,228.63 L.L.: $.50 Interest Atty's Comm: Due Prothy: $2.25 Atty Paid: $203.95 Other Costs: Plaintiff Paid: Date: 6/4/13 David D. Buell,Prothonotary (Seal) - �J3}�11�1 Deputy REQUESTING PARTY: Name: DANA C.PANAGOPOULOS,ESQUIRE Address: BRUBAKER CONNAUGHTON GOSS& LUCARELLI,LLC 480 NEW HOLLAND AVENUE,SUITE 6205 LANCASTER,PA 17602 Attorney for:PLAINTIFF Telephone: 717-945-5745 Supreme Court ID No. 89491 BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC 0": r- i�i 1 N 7� t�TAr"4 By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 � i3 � l•' Il �. Dana C. Panagopoulos, Esquire ,, Attorney I.D. No. 89491 " 'i3 �� A COUNTY 460 New Holland Ave, Suite 6205 Attorneys for PlaintP�N S YLVANIA Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff VS. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term AMENDED RULE 3129.1 AFFIDAVIT Susquehanna Bank, for itself and as successor-in-interest to Graystone Bank, Plaintiff in this action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information regarding the property located at 90 Stover Drive,Middlesex Township, Cumberland County, PA 1. Name and address of owner or reputed owner: Slagle Enterprises, L.L.C. 90 Stover Drive Carlisle,PA 17013 2. Name and address of Defendants in the Judgment: Slagle Enterprises, L.L.C. 90 Stover Drive Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Susquehanna Bank 1570 Manheim Pike Lancaster,PA 17604 3 Orrstown Bank 77 East King Street Shippensburg, PA 17257 4. Name and address of the last recorded holder of every mortgage of record: Susquehanna Bank 1570 Manheim Pike Lancaster,PA 17604 5. Name and address of every other person who has any recorded lien on the property: Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Rm 106 Carlisle, PA 17013 6. Name and address of every other person who has any record interest and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland Valley School District 6746 Carlisle Pike, Mechanicsburg,PA 17050 Middlesex Township 350 N.Middlesex Rd. Carlisle, PA 17013 Cumberland County Treasurer 1 Courthouse Square Old Courthouse, Room 103 Carlisle,PA 17013 Tenant 90 Stover Drive Carlisle,PA 17013 VERIFICATION I hereby verify that I am a Loan Workout Officer for Susquehanna Bank;that as such I am authorized to make this verification;and that the information set forth in the foregoing Affidavit is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained hereui are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ,Ls L/ Dated: Robert D. Sayre BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D.No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff r _ CIVIL ACTION-LAW `-,D SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Terms ,� t AFFIDAVIT OF SERVICE OF NOTICE TO DEFENDANT AND TO LIEN HOLDERS OF RECORD 3 DANA C. PANAGOPOULOS, ESQUIRE, being duly affirmed according to law, deposes and says, to the best of her knowledge, information and belief. that she is an associate in the law firm of Brubaker Connaughton Goss & Lucarelli LLC, which firm has acted as attorneys for Plaintiff, Susquehanna Bank, in this execution proceeding; that Defendant was served with written notice ("Notice") by the Cumberland County Sheriff's Office, on the date and in the manner indicated below, in connection with the Sheriff's Sale of real estate scheduled to be held on Wednesday, September 4, 2013: Sheriff's Service upon the Defendant on July 18, 2013 and via Certified Mail, Return Receipt Requested upon Defendant's counsel on July 20, 2013 at the following address: Slagle Enterprises, L.L.C. Slagle Enterprises,L.L.C. Robert Slagle, Sole Member c/o Robert E. Chernicoff, Esquire 1261 Claremont Road Cunningham & Chernicoff, P.C. Carlisle, PA 17015 2320 North Second Street Harrisburg, PA 17110 28107 a � No.12-7480 Civil Term that Plaintiff, by its attorneys, gave Notice to the following lien holders of record, on the date and in the manner indicated below: Regular Mail, Postage Prepaid, on July 16, 2013: Susquehanna Bank 1570 Manheim.Pike Lancaster, PA 17604 Orrstown Bank 77 East King Street Shippensburg, PA 17257 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse,Rm 106 Carlisle,PA 17013 Cumberland Valley School District 6746 Carlisle Pike, Mechanicsburg, PA 17050 Middlesex Township 350 N.Middlesex Rd. Carlisle,PA 17013 Cumberland County Treasurer 1 Courthouse Square Old Courthouse, Room 103 Carlisle,PA 17013 Tenant 90 Stover Drive Carlisle, PA 17013 that a true and correct copy of the Sheriffs Return of Service and certified mail receipt is attached to and made a part of this Affidavit as Exhibit A; and that a true and correct copy of the Notice sent to the lien holders of record, together with the certificates of mailing 28107 2 a t No.12-7480 Civil Term received with respect to the Notices so given, are attached to and made part of this Affidavit as Exhibit B. Affirmed to and subscribed ) BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC before me thiskday of ) Attor eys for Plaintiff July, 2013. ) By ana C. Panagopoulos, Esquire Notary f Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Not3dal Seal Angela 1.Glasmire,Notary Public Palmyra eoro,Lebanon County My Commission Expires March 18,2014 MEMBER,PENNSYLVANIA ASSO CTATION OF NOTARIES 28107 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �a`��titr 41`err+rabc�,;���G Jody S Smith � Chief Deputy _" "ate', Richard W Stewart Solicitor OFFICE OF THE$kERIFF Susquehanna Bank Case Number vs. Slagle Enterprises LLC- Robert Slagle Sole Member 2012-7480 SHERIFF'S RETURN OF SERVICE 07/12/2013 01:25 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 90 Stover Drive, Middlesex-Township, Carlisle, PA 17013, Cumberland County. 07/17/2013 Received instructions from Atty Panagopoulos to change maner of service from Personal to AIC. cab. 07/18/2013 01:50 PM- Deputy William 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 Greg Keefer, shop manager,who accepted as"Adult Person in Charge"for Slagle Enterprises LLC-Robert Slagle Sole Member at POE: Lighting Limited, 1261 Claremont Road, Carlisle, PA 17015, Cumberland County. SHERIFF COST: $910.99 SO ANSWERS, July 19, 2013 RON R ANDERSON, SHERIFF (c)Countysuite Sheriff,Teleosoft,Inc SECTION SENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY ■ Complete items 1,2,..and 3.Also complete A re i item 4 If Restricted Delivery is desired. ❑ gent } ■ Printyour name and address on the reverse X Addressee so that we can retutn the card to you. B. ece ved bX(Printed Name) C.Date of Delivery ■ Attach this card to the back of the mailpiece, r 7 26_ s or on the front if space permits. 1. Article Addressed to: Js delivery address different from item 1? E3 Yes <. r;:. If YES,enter delivery address below: 13 No � Slagle Enterprises, L.L.C. c/o Robert E. Chernicoff,EscWnY Cunningham & Cherni.doff, P.C...' 3 2320 North Second Street ! Harrisburg, PA 17110 3. Service Type 23 Certified Mall- ❑Express Mail f ❑Registered. ❑Return Receipt for Merchandise i i ❑Insured Mail 13 C.O.D. r 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 011 1150 0001 -8844 4 4 6 3 (Transfer from service la6e0 i; PS Form 3811,February 2004 Domestic Return Receipt 1025W02-M-1540 r BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D.Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D.No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff Lancaster,PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff vs. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Terra HE;-- -o r- ,. NOTICE OF SHERIFF'S SALE _ << OF REAL ESTATE PURSUANT TO PA.R.C.P.3129.2 �.C) To: Slagle Enterprises, L.L.C. Slagle Enterprises,L.L.C. 90 Stover Drive clo Robert E. Chernicoff, Esquire Carlisle, PA 17013 Cunningham&Chernicoff,P.C. 2320 North Second Street Harrisburg,PA 17110 TAKE NOTICE: That the Sheriffs Sale of Real Property(real estate)will be held: DATE: WEDNESDAY, September 4, 2013 T=: '10:00 a.m.Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square, Carlisle,PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the properties,together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A'IixCH EDi). THE LOCATION of your property to be sold is: 90 Stover Drive Carlisle,PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docked in the within Commonwealth and County to: No.12-7480 Civil-Term THE NAME OF THE OWNER OF REPUTED OWNER OF THE PROPERTY is: Slagle Enterprises, L.L.C. A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are owed taxes)ill be filed by the grieriff of this County Vbdr�- (330)days after the sale and distribution of the proceeds of sale in accordance with this schedule will,in fact,be made unless someone objects by Ming 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,One Courthouse Square,Room 303,Carlisle,PA 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD,TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer may advise you more specifically of these rights. IF you wish to exercise your rights,YOU MUST ACT PRONTITLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO P' .fRO'kT.1)E YOU JA7IT14 INFORMATION MATT 0N"R OUT ACT V E S7 W T Al'OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 1-800-990-9108/717-249-3166 THE LEGAL RIGTHS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered a judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sherffs Sale,you may;le a petition with the Cucut of Couu-r,.on Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFFS DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office-Civil Division,of the within County Courthouse,before presentation to the Court. BRUBAKER CONNAUGHTON GOSS &LUCARELLI LLC Attorneys for Plaintiff By: G Brett D.Jackson,Esquire Dana C.Panagopoulos,Esquire Sale No.: 12-7480 Dana C. Panagopoulos, Esquire Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey prepared by Larry V. Neidlinger, R.S. dated February 4, 1984, as follows, to wit: BEGINNING at a point located in the southern right-of-way line of Interstate Route 81, a corner of lands now or formerly of the Cumberland County Redevelopment Authority; thence by lands now or formerly of the Cumberland County Redevelopment Authority, South 27 degrees 24 minutes 30 seconds East, a distance of 298.45 feet to a point in the western right-of-way line of Stover Drive; thence along said right-of-way line on a curve to the left having a radius of 225.00 feet, an arc distance of 195.86 feet to a point; thence by same, South 27 degrees 24 minutes 30 seconds East, a distance of 13.00 feet to a point; thence along the northern right-of-way line of a private service road, South 65 degrees 09 minutes 31 seconds West, a distance of 28.35 feet to a point; thence by same, South 67 degrees 36 minutes 28 seconds West, a distance of 183.69 feet to a point; thence by lands now or formerly of Frank L. Black, Jr. and Ruth E. Black, his wife, North 27 degrees 24 minutes 30 seconds West, a distance of 416.14 feet to a point in the southern right-of-way line of Interstate Route 81; thence by said right-of-way line, North 54 degrees 11 minutes 44 seconds East, a distance of 153.73 feet to a point; thence by same, North 51 degrees 11 minutes 17 (erroneously set forth in prior deeds as 44) seconds East, a distance of 103.34 feet (erroneously set forth in prior deeds as 153.73 feet) to a point; thence by same, North 51 degrees 55 minutes 23 seconds East, a distance of 38.59 feet to a point, the place of Beginning. BEING Lot No. 2 on the Final Subdivision Plan for Frank L. Black, Jr., dated February 2, 1984, and recorded in Cumberland County Plan Book 45, Page 57 and having thereon erected a warehouse and manufacturing facility. CONTAINING 2.772 acres. BEING TAX PARCEL NO. 21-19-1633-035A BEING KNOWN AS 90 Stover Drive, Mir-ldlesex Township, Cumberland County, Pennsylvania. 20665 n BEING THE SAME PREMISES which Dennis A. Knaub, single person, by Deed dated and recorded March 20, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 273, Page 3028, et seq., granted and conveyed unto Slagle Enterprises, L.L.C., a Pennsylvania limited liability company, its successors and assigns. SEIZED AND TAKEN in execution of the property of Slagle Enterprises, L.L.C., Defendant and Mortgagor herein, under Judgment No. 12-7480. 20665 u ;,� _ i / � ' LLC BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC ATTORNEYS AT LAW Dana C.Panagopoulos,Esquire danai3ftce1-law.com Direct Dial: (717)945-5750 July 16, 2013 Susquehanna Bank 1570 Manheim Pike Lancaster, PA 17604 Re: Susquehanna Bank v. Slagle Enterprises, L.L.C. No. 12-7480 Civil Term Dear Sir/Madam: Enclosed is the Notice of Sheriffs Sale of Real Estate,scheduled for Wednesday, September 4, 2013 at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania regarding the real estate of Slagle Enterprises, L.L.C., 90 Stover Drive, Middlesex Township, Cumberland County. Sincerely, Dana C. Panagopoulos DCP/ajg/24290 Enclosure 480 New Holland Avenue, Suite 6205, Lancaster, PA 17602 tel 717-945-5745 WWW.BCGL-LAW.COM 717-945-5764 fax BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff VS. : CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 Notice is hereby given to the following parties who hold one or more mortgages, judgments, or tax liens against the real estate of Slagle Enterprises, L.L.C, 90 Stover Drive, Carlisle, PA: Susquehanna Bank Cumberland County Tax Claim Bureau 1570 Manheim Pike 1 Courthouse Square Lancaster,PA 17604 Old Courthouse,Room 106 Carlisle, PA 17013 Orrstown Bank Middlesex Township 77 East King Street 350 N.Middlesex Rd. Shippensburg, PA 17257 Carlisle,PA 17013 Cumberland Valley School District Cumberland County Treasurer 6746 Carli sle Pike 1 Courthouse Square Mechanicsburg,PA 17050 Old Courthouse, Room 103 Carlisle,PA 17013 Tenant 90 Stover Drive Carlisle, PA 17013 20583 No.12-7480 Civil Term TAKE NOTICE: That the Sheriff's Sale of real property (real estate) will be held on Wednesday, September 4, 2013 in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA at 10:00 a.m., prevailing local time. The property to be sold is delineated in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is: 90 Stover Drive Middlesex Township, Cumberland County THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within Commonwealth and County to: No. 12-7480 Civil Term THE NAMES OF THE OWNER OR REPUTED OWNER of this property is: Slagle Enterprises, L.L.0 You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and the distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified or said Sheriff's Sale. 20583 2 No.12-7480 Civil Term BRUBAKER CONNAUGHTON GOSS I & LU ARELLI LLCC Dated: 1 l , 2013 By: B tt D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 Attorneys for Plaintiff 20583 3 e Sale No.: 12-7480 Dana C. Panagopoulos, Esquire Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey prepared by Larry V. Neidlinger, R.S. dated February 4, 1984, as follows, to wit: BEGINNING at a point located in the southern right-of-way line of Interstate Route 81, a corner of lands now or formerly of the Cumberland County Redevelopment Authority; thence by lands now or formerly of the Cumberland County Redevelopment Authority, South 27 degrees 24 minutes 30 seconds East, a distance of 298.45 feet to a point in the western right-of-way line of Stover Drive; thence along said right-of-way line on a curve to the left having a radius of 225.00 feet, an arc distance of 195.86 feet to a point; thence by same, South 27 degrees 24 minutes 30 seconds East, a distance of 13.00 feet to a point; thence along the northern right-of-way line of a private service road, South 65 degrees 09 minutes 31 seconds West, a distance of 28.35 feet to a point; thence by same, South 67 degrees 36 minutes 28 seconds West, a distance of 183.69 feet to a point; thence by lands now or formerly of Frank L. Black, Jr. and Ruth E. Black, his wife, North 27 degrees 24 minutes 30 seconds West, a distance of 416.14 feet to a point in the southern right-of-way line of Interstate Route 81; thence by said right-of-way line, North 54 degrees 11 minutes 44 seconds East, a distance of 153.73 feet to a point; thence by same, North 51 degrees 11 minutes 17 (erroneously set forth in prior deeds as 44) seconds East, a distance of 103.34 feet (erroneously set forth in prior deeds as 153.73 feet) to a point; thence by same, North 51 degrees 55 minutes 23 seconds East, a distance of 38.59 feet to a point, the place of Beginning. BEING Lot No. 2 on the Final Subdivision Plan for Frank L. Black, Jr., dated February 2, 1984, and recorded in Cumberland County Plan Book 45, Page 57 and having thereon erected a warehouse and manufacturing facility. CONTAINING 2.772 acres. BEING TAX PARCEL NO. 21-19-1633-035A BEING KNOWN AS 90 Stover Drive, Middlesex Township, Cumberland County, Pennsylvania. 20665 BEING THE SAME PREMISES which Dennis A. Knaub, single person, by Deed dated and recorded March 20, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 273, Page 3028, et seq., granted and conveyed unto Slagle Enterprises, L.L.C., a Pennsylvania limited liability company, its successors and assigns. SEIZED AND TAKEN in execution of the property of Slagle Enterprises, L.L.C., Defendant and Mortgagor herein, under Judgment No. 12-7480. 20665 UNffEDSTATES AOSTALSERVICEe Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. O This form maybe used for domestic and international mail.• -4 From:.DaIla C. P agoL)C)L1 os, ESC-a Brubaker Connaughton Goss &., .`�j(i P1 ® o_ LLLA- 480 New Holland Ave uiteY2 5 w Lancaster, PA 17602 To: 1 Susquehanna Bank 1570 ManhPim Pike pS ; N Lancaster, PA 17604 -�-� rn0 Lsl N C) PS Form 3817,April 2007 PSN 7530-02-000-9065 9 ER LLC BRUBAKER CONNAUGHTON Dana C.Panagopoulos,Esquire G O S S & L U C A R E L L I L LG danapgbc¢1-law.com Direct Dial: (717)945.5750 ATTORNEYS AT LAW July 16, 2013 Orrstown Bank 77 East King Street Shippensburg, PA 17257 Re: Susquehanna Bank v. Slagle Enterprises, L.L.C. No. 12-7480 Civil Term Dear Sir/Madam: Enclosed is the Notice of Sheriff's Sale of Real Estate, scheduled for Wednesday, September 4, 2013 at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania regarding the real estate of Slagle Enterprises, L.L.C., 90 Stover Drive, Middlesex Township, Cumberland County. Sincerely, Dana C. Panagopoulos DCP/ajg/24290 Enclosure J 480 New Holland Avenue, Suite 6205, Lancaster, PA 17602 tel 717-945-5745 WWW.BCGL-LAW.COM 717-945-5764 fax BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff VS. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 Notice is hereby given to the following parties who hold one or more mortgages, judgments, or tax liens against the real estate of Slagle Enterprises, L.L.C, 90 Stover Drive, Carlisle, PA: Susquehanna Bank Cumberland County Tax Claim Bureau 1570 Manheim Pike 1 Courthouse Square Lancaster, PA 17604 Old Courthouse, Room 106 Carlisle, PA 17013 Orrstown Bank Middlesex Township 77 East King Street 350 N.Middlesex Rd. Shippensburg, PA 17257 Carlisle,PA 17013 Cumberland Valley School District Cumberland County Treasurer 6746 Carlisle Pike 1 Courthouse Square Mechanicsburg,PA 17050 Old Courthouse, Room 103 Carlisle,PA 17013 Tenant 90 Stover Drive Carlisle, PA 17013 20583 No.12-7480 Civil Term TAKE NOTICE: That the Sheriffs Sale of real property (real estate) will be held on Wednesday, September 4, 2013 in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA at 10:00 a.m., prevailing local time. The property to be sold is delineated in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is: 90 Stover Drive Middlesex Township, Cumberland County THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within Commonwealth and County to: No. 12-7480 Civil Term THE NAMES OF THE OWNER OR REPUTED OWNER of this property is: Slagle Enterprises, L.L.0 You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and the distribution will be made in accordance with the I Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified or said Sheriffs Sale. 20583 2 No.12-7480 Civil Term BRUBAKER CONNAUGHTON GOSS & LU ARELLI LLC Dated: 1 , 2013 By: C V� B tt D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 Attorneys for Plaintiff 20583 3 o I Sale No.: 12-7480 Dana C. Panagopoulos, Esquire i Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in j accordance with a survey prepared by Larry V. Neidlinger, R.S. dated February 4, 1984, as follows, to wit: BEGINNING at a point located in the southern right-of-way line of Interstate Route 81, a corner of lands now or formerly of the Cumberland County Redevelopment Authority; thence by lands now or formerly of the Cumberland County Redevelopment Authority, South 27 degrees 24 minutes 30 seconds East, a distance of 298.45 feet to a point in the western right-of-way line of Stover Drive; thence along said right-of-way line on a curve to the left having a radius of 225.00 feet, an arc distance of 195.86 feet to a point; thence by same, South 27 degrees 24 minutes 30 seconds East, a distance of 13.00 feet to a point; thence along the northern right-of-way line of a private service road, South 65 degrees 09 minutes 31 j seconds West, a distance of 28.35 feet to a point; thence by same, South 67 degrees 36 minutes 28 seconds West, a distance of 183.69 feet to a point; thence by lands now or formerly of Frank L. Black, Jr. and Ruth E. Black, his wife, North 27 degrees 24 minutes 30 seconds West, a distance of 416.14 feet to a point in the southern right-of-way line of Interstate Route 81; thence by said right-of-way line, North 54 degrees 11 minutes 44 seconds East, a distance of 153.73 feet to a point; thence by same, North 51 degrees 11 minutes 17 (erroneously set forth in prior deeds as 44) seconds East, a distance of 103.34 feet (erroneously set forth in prior deeds as 153.73 feet) to a point; thence by same, North 51 degrees 55 minutes 23 seconds East, a distance of 38.59 feet to a point, the place of Beginning. j I BEING Lot No. 2 on the Final Subdivision Plan for Frank L. Black, Jr., dated February 2, 1984, and recorded in Cumberland County Plan Book 45, Page 57 and having thereon erected a warehouse and manufacturing facility. CONTAINING 2.772 acres. BEING TAX PARCEL NO. 21-19-1633-035A BEING KNOWN AS 90 Stover Drive, Middlesex Township, Cumberland County, Pennsylvania. I 20665 A BEING THE SAME PREMISES which Dennis A. Knaub, single person, by Deed dated and recorded March 20, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 273, Page 3028, et seq., granted and conveyed unto Slagle Enterprises, L.L.C., a Pennsylvania limited liability company, its successors and assigns. SEIZED AND TAKEN in execution of the property of Slagle Enterprises, L.L.C., Defendant and Mortgagor herein, under Judgment No. 12-7480. 20665 �UN/TEDSTATES PaSTiQLSERIRCE® Certificate of Mailinc This Certificate of Mailing provides:evidence that mail has been pre sented to--for mailing a - This form may be used for domestic and intemational mail. C"V E R ^ From: Dana C. Panagopoulos, Esq. 7 rq ® rn er nnaug on ss ° o '� i 480 New Holland Ave. Su'f � w Lancaster, PA 17602 1 To: orrstown Bank `�p 77 East Kind Street N Shippensbura PA 17257 — e 00 j N PS Form 3817,April 2007 PSN 7530-02-000-9065 00 i v LLC BRUBAKERCONNAUGHTON GOSS & LUCARELLI LLc Dana C.Panagopoulos,Esquire ATTORNEYS AT LAW danai)Abcel-law.com Direct Dial: (717)945.5750 July 16, 2013 Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 Re: Susquehanna Bank v. Slagle Enterprises, L.L.C. No. 12-7480 Civil Term Dear Sir/Madam: Enclosed is the Notice of Sheriff's Sale of Real Estate, scheduled for Wednesday, September 4, 2013 at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania regarding the real estate of Slagle Enterprises, L.L.C., 90 Stover Drive, Middlesex Township, Cumberland County. incerely, C- Dana C. Panagopoulos DCP/ajg/24290 Enclosure 480 New Holland Avenue, Suite 6205, Lancaster, PA 17602 tel 717-945-5745 WWW.BCGL-LAW.COM 717-945-5764 fax BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D.No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-ir_terest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff VS. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 Notice is hereby given to the following parties who hold one or more mortgages, judgments, or tax liens against the real estate of Slagle Enterprises, L.L.C, 90 Stover Drive, Carlisle, PA: Susquehanna Bank Cumberland County Tax Claim Bureau 1570 Manheim Pike 1 Courthouse Square Lancaster, PA 17604 Old Courthouse, Room 106 Carlisle,PA 17013 Orrstown Bank Middlesex Township 77 East King Street 350 N.Middlesex Rd. Shippensburg, PA 17257 Carlisle,PA 17013 Cumberland Valley School District Cumberland County Treasurer 6746 Carlisle Pike 1 Courthouse Square Mechanicsburg, PA 17050 Old Courthouse,Room 103 Carlisle,PA 17013 Tenant 90 Stover Drive Carlisle, PA 17013 20583 No.12-7480 Civil Term TAKE NOTICE: That the Sheriff's Sale of real property (real estate) will be held on Wednesday, September 4, 2013 in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA at 10:00 a.m., prevailing local time. The property to be sold is delineated 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 1-and (SEE DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is: 90 Stover Drive Middlesex Township, Cumberland County THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within Commonwealth and County to: No. 12-7480 Civil Term THE NAMES OF THE OWNER OR REPUTED OWNER of this property is: Slagle Enterprises, L.L.0 You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and the distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified or said Sheriff's Sale. 20583 2 No.12-7480 Civil Term BRUBAKER CONNAUGHTON GOSS & LU ARELLI LLC Dated: 1 , 2013 By: C V� B tt D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 Attorneys for Plaintiff 20583 3 Sale No.: 12-7480 Dana C. Panagopoulos, Esquire Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey prepared by Larry V. Neidlinger, R.S. dated February 4, 1984, as follows, to wit: BEGINNING at a point located in the southern right-of-way line of Interstate Route 81, a corner of lands now or formerly of the Cumberland County Redevelopment Authority; thence by lands now or formerly of the Cumberland County Redevelopment Authority, South 27 degrees 24 minutes 30 seconds East, a distance of 298.45 feet to a point in the western right-of-way line of Stover Drive; thence along said right-of-way line on a curve to the left having a radius of 225.00 feet, an arc distance of 195.86 feet to a point; thence by same, South 27 degrees 24 minutes 30 seconds East, a distance of 13.00 feet to a point; thence along the northern right-of-way line of a private service road, South 65 degrees 09 minutes 31 seconds West, a distance of 28.35 feet to a point; thence by same, South 67 degrees 36 minutes 28 seconds West, a distance of 183.69 feet to a point; thence by lands now or formerly of Frank L. Black, Jr. and Ruth E. Black, his wife, North 27 degrees 24 minutes 30 seconds West, a distance of 416.14 feet to a point in the southern right-of-way line of Interstate Route 81; thence by said right-of-way line, North 54 degrees 11 minutes 44 seconds East, a distance of 153.73 feet to a point; thence by same, North 51 degrees 11 minutes 17 (erroneously set forth in prior deeds as 44) seconds East, a distance of 103.34 feet (erroneously set forth in prior deeds as 153.73 feet) to a point; thence by same, North 51 degrees 55 minutes 23 seconds East, a distance of 38.59 feet to a point, the place of Beginning. BEING Lot No. 2 on the Final Subdivision Plan for Frank L. Black, Jr., dated February 2, 1984, and recorded in Cumberland County Plan Book 45, Page 57 and having thereon erected a warehouse and manufacturing facility. CONTAINING 2.772 acres. BEING TAX PARCEL NO. 21-19-1633-035A BEING KNOWN AS 90 Stover Drive, Middlesex Township, Cumberland County, Pennsylvania. 20665 d J BEING THE SAME PREMISES which Dennis A. Knaub, single person, by Deed dated and recorded March 20, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 273, Page 3028, et seq., granted and conveyed unto Slagle Enterprises, L.L.C., a Pennsylvania limited liability company, its successors and assigns. SEIZED AND TAKEN in execution of the property of Slagle Enterprises, L.L.C., Defendant and Mortgagor herein, under Judgment No. 12-7480. 20665 OuNI EO ATES ppyFA SERVICEO Certificate Of Mailin This Cedificate of Mailing provides evidence that mail has been presented to USPS®f� )i�t9 D TS This form maybe used for domestid end intema[ional mail w From:. Dana C. PallagopoLllos, Esq. Al a � B er Connaug ton Gossf 4 e 5 m Lancaster, PA 17602 QC' ^ . To: Cumberland Valley school D S o CD 6746 �r1 i S1 P Pike p N �� },�ni c�sYn�rcr PA 17050 0)-4 ul N PS Form 3817,April 2007 PSN 7530-02-000 9065 @O r J LLC BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLc Dana C.Panagopoulos,Esquire ATTORNEYS AT LAW danan @ bcel-law.com Direct Dial: (717)945-5750 July 16, 2013 Tenant 90 Stover Drive Carlisle, PA 17013 Re: Susquehanna Bank v. Slagle Enterprises, L.L.C. No. 12-7480 Civil Term Dear Sir/Madam: Enclosed is the Notice of Sheriff's Sale of Real Estate, scheduled for Wednesday, September 4, 2013 at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania regarding the real estate of Slagle Enterprises, L.L.C., 90 Stover Drive, Middlesex Township, Cumberland County. Sincerely, C Dana C. Panagopoulos DCP/ajg/24290 Enclosure 480 New Holland Avenue, Suite 6205, Lancaster, PA 17602 tel 717-945-5745 WWW.BCGL-LAW.COM 717-945-5764 fax BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff. Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff VS. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 Notice is hereby given to the following parties who hold one or more mortgages,judgments, or tax liens against the real estate of Slagle Enterprises, L.L.C, 90 Stover Drive, Carlisle, PA: Susquehanna Bank Cumberland County Tax Claim Bureau 1570 Manheim Pike 1 Courthouse Square Lancaster,PA 17604 Old Courthouse,Room 106 Carlisle,PA 17013 Orrstown Bank Middlesex Township 77 East.King Street 350 N.Middlesex M Shippensburg, PA 17257 Carlisle,PA 17013 Cumberland Valley School District Cumberland County Treasurer 6746 Carlisle Pike . 1 Courthouse Square Mechanicsburg, PA 17050 Old Courthouse, Room 103 Carlisle,PA 17013 Tenant 90 Stover Drive Carlisle, PA 17013 20588 No.12-7480 Civil Term TAKE NOTICE: That the Sheriff's Sale of real property (real estate) will be held on Wednesday, September 4, 2013 in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA at 10:00 a.m., prevailing local time. The property to be sold is delineated in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is: 90 Stover Drive Middlesex Township, Cumberland County THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within Commonwealth and County to: No. 12-7480 Civil Term THE NAMES OF THE OWNER OR REPUTED OWNER of this property is: Slagle Enterprises, L.L.0 You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and the distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified or said Sheriff's Sale. 20583 2 No.12-7480 Civil Term BRUBAKER CONNAUGHTON GOSS & LU ARELLI LLCC Dated: 1 , 2013 By: C V/ B tt D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 Attorneys for Plaintiff 20583 3 Sale No.: 12-7480 Dana C. Panagopoulos, Esquire Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey prepared by Larry V. Neidlinger, R.S. dated February 4, 1984, as follows, to wit: BEGINNING at a point located in the southern right-of-way line of Interstate Route 81, a corner of lands now or formerly of the Cumberland County Redevelopment Authority; thence by lands now or formerly of the Cumberland County Redevelopment Authority, South 27 degrees 24 minutes 30 seconds East, a distance of 298.45 feet to a point in the western right-of-way line of Stover Drive; thence along said right-of-way line on a curve to the left having a radius of 225.00 feet, an arc distance of 195.86 feet to a point; thence by same, South 27 degrees 24 minutes 30 seconds East, a distance of 13.00 feet to a point; thence along the northern right-of-way line of a private service road, South 65 degrees 09 minutes 31 seconds West, a distance of 28.35 feet to a point; thence by same, South 67 degrees 36 minutes 28 seconds West, a distance of 183.69 feet to a point; thence by lands now or formerly of Frank L. Black, Jr. and Ruth E. Black, his wife, North 27 degrees 24 minutes 30 seconds West, a distance of 416.14 feet to a point in the southern right-of-way line of Interstate Route 81; thence by said right-of-way line, North 54 degrees 11 minutes 44 seconds East, a distance of 153.73 feet to a point; thence by same, North 51 degrees 11 minutes 17 (erroneously set forth in prior deeds as 44) seconds East, a distance of 103.34 feet (erroneously set forth in prior deeds as 153.73 feet) to a point; thence by same, North 51 degrees 55 minutes 23 seconds East, a distance of 38.59 feet to a point, the place of Beginning. BEING Lot No. 2 on the Final Subdivision Plan for Frank L. Black, Jr., dated February 2, 1984, and recorded in Cumberland County Plan Book 45, Page 57 and having thereon erected a warehouse and manufacturing facility. CONTAINING 2.772 acres. BEING TAX PARCEL NO. 21-19-1633-035A BEING KNOWN AS 90 Stover Drive, Middlesex Township, Cumberland County, Pennsylvania. 20665 BEING THE SAME PREMISES which Dennis A. Knaub, single person, by Deed dated and recorded March 20, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 273, Page 3028, et seq., granted and conveyed unto Slagle Enterprises, L.L.C., a Pennsylvania limited liability company, its successors and assigns. SEIZED AND TAKEN in execution of the property of Slagle Enterprises, L.L.C., Defendant and Mortgagor herein, under Judgment No. 12-7480. 20665 10UNMOSTATES POSrALSERVICEm Certificate Of Mailing This Certificate of Meiling provides evidence that mail has been presented to USPS®for mailing. This form maybe Used for domestic and international mail. ` From: Dana C. Panagopoulos, Esq. rn Brubaker Connaug ton Goss & pp ® j OI? N �a 05 " 480 New Holland Ave- , ffl , i i Lancaster PA 17602 Mai � , To: Tenant 90 Stover Drive CD I_arl islt-, PA 17013 v ° tali N PS Form 3817,April 2007 PSN 7530-02-000-9065 @ C LLC BRUBAKER CONNAUGHTON Dana C.Panagopoulos,Esquire G O S S & L U C A R E L L I L L C danapftcel-law.com Direct Dial: (717)945-5750 ATTORNEYS AT LAW July 16, 2013 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Re: Susquehanna Bank v. Slagle Enterprises, L.L.C. No. 12-7480 Civil Term Dear Sir/Madam: Enclosed is the Notice of Sheriffs Sale of Real Estate, scheduled for Wednesday, September 4, 2013 at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania regarding the real estate of Slagle Enterprises, L.L.C., 90 Stover Drive, Middlesex Township, Cumberland County. Sincerely, Dana C. Panagopoulos DCP/ajg/24290 Enclosure 480 New Holland Avenue, Suite 6205, Lancaster, PA 17602 tel 717-945-5745 WWW.BCGL-LAW.COM 717-945-5764 fax BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D.No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff. Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff vs. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 Notice is hereby given to the following parties who hold one or more mortgages, judgments, or tax liens against the real estate of Slagle Enterprises, L.L.C, 90 Stover Drive, Carlisle, PA: Susquehanna Bank Cumberland County Tax Claim Bureau 1570 Manheim Pike 1 Courthouse Square Lancaster, PA 17604 Old Courthouse, Room 106 Carlisle,PA 17013 Orrstown Bank Middlesex Township 77 East King Street 350 N.Middlesex Rd. Shippensburg,PA 17257 Carlisle,PA 17013 Cumberland Valley School District Cumberland County Treasurer 6746 Carlisle Pike 1 Courthouse Square Mechanicsburg,PA 17050 Old Courthouse,Room 103 Carlisle,PA 17013 Tenant 90 Stover Drive Carlisle, PA 17013 20583 No.12-7480 Civil Term TAKE NOTICE: That the Sheriffs Sale of real property (real estate) will be held on Wednesday, September 4, 2013 in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA at 10:00 a.m., prevailing local time. The property to be sold is delineated in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is: 90 Stover Drive Middlesex Township, Cumberland County THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within Commonwealth and County to: No. 12-7480 Civil Term THE NAMES OF THE OWNER OR REPUTED OWNER of this property is: Slagle Enterprises, L.L.0 You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and the distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified or said Sheriffs Sale. 20583 2 • q ` J No.12-7480 Civil Term BRUBAKER CONNAUGHTON GOSS & LU ARELLI LLC Dated: , 2013 By: C V/� B tt D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 Attorneys for Plaintiff 20583 3 Sale No.: 12-7480 Dana C. Panagopoulos, Esquire Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey prepared by Larry V. Neidlinger, R.S. dated February 4, 1984, as follows, to wit: BEGINNING at a point located in the southern right-of-way line of Interstate Route 81, a corner of lands now or formerly of the Cumberland County Redevelopment Authority; thence by lands now or formerly of the Cumberland County Redevelopment Authority, South 27 degrees 24 minutes 30 seconds East, a distance of 298.45 feet to a point in the western right-of-way line of Stover Drive; thence along said right-of-way line on a curve to the left having a radius of 225.00 feet, an arc distance of 195.86 feet to a point; thence by same, South 27 degrees 24 minutes 30 seconds East, a distance of 13.00 feet to a point; thence along the northern right-of-way line of a private service road, South 65 degrees 09 minutes 31 seconds West, a distance of 28.35 feet to a point; thence by same, South 67 degrees 36 minutes 28 seconds West, a distance of 183.69 feet to a point; thence by lands now or formerly of Frank L. Black, Jr. and Ruth E. Black, his wife, North 27 degrees 24 minutes 30 seconds West, a distance of 416.14 feet to a point in the southern right-of-way line of Interstate Route 81; thence by said right-of-way line, North 54 degrees 11 minutes 44 seconds East, a distance of 153.73 feet to a point; thence by same, North 51 degrees 11 minutes 17 (erroneously set forth in prior deeds as 44) seconds East, a distance of 103.34 feet (erroneously set forth in prior deeds as 153.73 feet) to a point; thence by same, North 51 degrees 55 minutes 23 seconds East, a distance of 38.59 feet to a point, the place of Beginning. BEING Lot No. 2 on the Final Subdivision Plan for Frank L. Black, Jr., dated February 2, 1984, and recorded in Cumberland County Plan Book 45, Page 57 and having thereon erected a warehouse and manufacturing facility. CONTAINING 2.772 acres. BEING TAX PARCEL NO. 21-19-1633-035A BEING ]KNOWN AS 90 Stover Drive, Middlesex Township, Cumberland County, Pennsylvania. 20665 A BEING THE SAME PREMISES which Dennis A. Knaub, single person, by Deed dated and recorded March 20, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 273, Page 3028, et seq., granted and conveyed unto Slagle Enterprises, L.L.C., a Pennsylvania limited liability company, its successors and assigns. SEIZED AND TAKEN in execution of the property of Slagle Enterprises, L.L.C., Defendant and Mortgagor herein, under Judgment No. 12-7480. 20665 • J UNITEDSTATES POSTAL SERVICE a Certificate Of Mailing This Certificate of Mailing provides evidenoe'that mail has been presented to USPS®for mailing. This form maybe used for domestic and international mail. __ From Dana C. PanagopouloS, Esq. R �' �' e O rn Brubaker Connaughton Gos , o 480 New rn �' Lancaster, PA 17602 a' - To: Cumberland County Tax Clain 1 Courthouse Square / N CD Old Courthouse, Room 106 Carlisle, RA 1701-3 N PS Form 3817,April 2007 PSN 7530-02-000-9065 a LLC BRUBAKER CONNAUGHTON Dana C.Panagopoulos,Esquire G O S S & L U C A R E L L I danauAbce1-law.com c Direct Dial: (717)945-5750 ATTORNEYS AT LAW July 16, 2013 Middlesex Township 350 N. Middlesex Rd. Carlisle, PA 17013 Re: Susquehanna Bank v. Slagle Enterprises, L.L.C. No. 12-7480 Civil Term Dear Sir/Madam: Enclosed is the Notice of Sheriffs Sale of Real Estate, scheduled for Wednesday, September 4, 2013 at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania regarding the real estate of Slagle Enterprises, L.L.C., 90 Stover Drive, Middlesex Township, Cumberland County. Sincerely, � 1. ana C. Panagopoulos DCP/ajg/24290 Enclosure 480 New Holland Avenue, Suite 6205, Lancaster, PA 17602 tel 717-945-5745 WWW.BCGL-LAW.COM 717-945-5764 fax BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff VS. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 Notice is hereby given to the following parties who hold one or more mortgages, judgments, or tax liens against the real estate of Slagle Enterprises, L.L.C, 90 Stover Drive, Carlisle, PA: Susquehanna Bank Cumberland County Tax Claim Bureau 1570 Manheim Pike 1 Courthouse Square Lancaster, PA 17604 Old Courthouse,Room 106 Carlisle,PA 17013 Orrstown Bank Middlesex Township 77 East King Street 350 N.Middlesex Rd. Shippensburg,PA 17257 Carlisle,PA 17013 Cumberland Valley School District Cumberland County Treasurer 6746 Carlisle Pike 1 Courthouse Square Mechanicsburg, PA 17050 Old Courthouse, Room 103 Carlisle,PA 17013 Tenant 90 Stover Drive Carlisle, PA 17013 20583 No.12-7480 Civil Term TAKE NOTICE: That the Sheriff's Sale of real property (real estate) will be held on Wednesday, September 4, 2013 in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA at 10:00 a.m., prevailing local time. The property to be sold is delineated in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is: 90 Stover Drive Middlesex Township, Cumberland County THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within Commonwealth and County to: No. 12-7480 Civil Term THE NAMES OF THE OWNER OR REPUTED OWNER of this property is: Slagle Enterprises, L.L.0 You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and the distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified or said Sheriff's Sale. 20583 2 No.12-7480 Civil Term BRUBAKER CONNAUGHTON GOSS & LU ARELLI LLC Dated: 1 , 2013 By: + C V� B tt D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 Attorneys for Plaintiff 20583 3 Sale No.: 12-7480 Dana C. Panagopoulos, Esquire Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey prepared by Larry V. Neidlinger, R.S. dated February 4, 1984, as follows, to wit: BEGINNING at a point located in the southern right-of-way line of Interstate Route 81, a corner of lands now or formerly of the Cumberland County Redevelopment Authority; thence by lands now or formerly of the Cumberland County Redevelopment Authority, South 27 degrees 24 minutes 30 seconds East, a distance of 298.45 feet to a point in the western right-of-way line of Stover Drive; thence along said right-of-way line on a curve to the left having a radius of 225.00 feet, an arc distance of 195.86 feet to a point; thence by same, South 27 degrees 24 minutes 30 seconds East, a distance of 13.00 feet to a point; thence along the northern right-of-way line of a private service road, South 65 degrees 09 minutes 31 seconds West, a distance of 28.35 feet to a point; thence by same, South 67 degrees 36 minutes 28 seconds West, a distance of 183.69 feet to a point; thence by lands now or formerly of Frank L. Black, Jr. and Ruth E. Black, his wife, North 27 degrees 24 minutes 30 seconds West, a distance of 416.14 feet to a point in the southern right-of-way line of Interstate Route 81; thence by said right-of-way line, North 54 degrees 11 minutes 44 seconds East, a distance of 153.73 feet to a point; thence by same, North 51 degrees 11 minutes 17 (erroneously set forth in prior deeds as 44) seconds East, a distance of 103.34 feet (erroneously set forth in prior deeds as 153.73 feet) to a point; thence by same, North 51 degrees 55 minutes 23 seconds East, a distance of 38.59 feet to a point, the place of Beginning. BEING Lot No. 2 on the Final Subdivision Plan for Frank L. Black, Jr., dated February 2, 1984, and recorded in Cumberland County Plan Book 45, Page 57 and having thereon erected a warehouse and manufacturing facility. CONTAINING 2.772 acres. ' BEING TAX PARCEL NO. 21-19-1633-035A BEING KNOWN AS 90 Stover Drive, Middlesex Township, Cumberland County, Pennsylvania. 20665 a BEING THE SAME PREMISES which Dennis A. Knaub, single person, by Deed dated and recorded March 20, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 273, Page 3028, et seq., granted and conveyed unto Slagle Enterprises, L.L.C., a Pennsylvania limited liability company, its successors and assigns. SEIZED AND TAKEN in execution of the property of Slagle Enterprises, L.L.C., Defendant and Mortgagor herein, under Judgment No. 12-7480. 20665 UNITEDSTATES 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; Dana C. PAMW- oulos, Esq. Brubaker Connaughton Goss & ucare i N 480 New flell4and Av 5 w Tancastc--r, PA 176Q7 po To: Middlesex Township Car i 1 PA -17013 Co 10PS Form 3817,April 2007 PSN 7530-02-000-9065 so I LLC BRUBAKER CONNAUGHTON Dana C.Panagopoulos,Esquire d 3 a G O S S & L U C A R E L L I Lac Direct Dial: (717)9 45-5750 ATTORNEYS AT LAW July 16, 2013 Cumberland County Treasurer 1 Courthouse Square Old Courthouse, Room 103 Carlisle, PA 17013 Re: Susquehanna Bank v. Slagle Enterprises, L.L.C. No. 12-7480 Civil Term Dear Sir/Madam: Enclosed is the Notice of Sheriff's Sale of Real Estate, scheduled for Wednesday, September 4, 2013 at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania regarding the real estate of Slagle Enterprises, L.L.C., 90 Stover Drive, Middlesex Township, Cumberland County. Sincerely, IWana C. Panagopoulos DCP/ajg/24290 Enclosure 480 New Holland Avenue, Suite 6205, Lancaster, PA 17602 tel 717-945-5745 WWW.BCGL-LAW.COM 717-945-5764 fax BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: Brett D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 460 New Holland Ave, Suite 6205 Attorneys for Plaintiff: Lancaster, PA 17602 Susquehanna Bank SUSQUEHANNA BANK, for itself IN THE COURT OF COMMON PLEAS and as successor-in-interest to OF CUMBERLAND COUNTY, GRAYSTONE BANK PENNSYLVANIA Plaintiff VS. CIVIL ACTION-LAW SLAGLE ENTERPRISES, L.L.C. Defendant No.12-7480 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 Notice is hereby given to the following parties who hold one or more mortgages, judgments, or tax liens against the real estate of Slagle Enterprises, L.L.C, 90 Stover Drive, Carlisle, PA: Susquehanna Bank Cumberland County Tax Claim Bureau 1570 Manheim Pike 1 Courthouse Square Lancaster, PA 17604 Old Courthouse, Room 106 Carlisle,PA 17013 Orrstown Bank Middlesex Township 77 East King Street 350 N.Middlesex Rd. Shippensburg, PA 17257 Carlisle,PA 17013 Cumberland Valley School District Cumberland County Treasurer 6746 Carlisle Pike 1 Courthouse Square Mechanicsburg, PA 17050 Old Courthouse,Room 103 Carlisle,PA 17013 Tenant 90 Stover Drive Carlisle, PA 17013 20583 No.12-7480 Civil Term TAKE NOTICE: That the Sheriff's Sale of real property (real estate) will be held on Wednesday, September 4, 2013 in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA at 10:00 a.m., prevailing local time. The property to be sold is delineated in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is: 90 Stover Drive Middlesex Township, Cumberland County THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within Commonwealth and County to: No. 12-7480 Civil Term THE NAMES OF THE OWNER OR REPUTED OWNER of this property is: Slagle Enterprises, L.L.0 . You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and the distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified or said Sheriff's Sale. 20583 2 No.12-7480 Civil Term BRUBAKER CONNAUGHTON GOSS & LU ARELLI LLC Dated: 1 , 2013 By: C V� B tt D. Jackson, Esquire Attorney I.D. No. 87517 Dana C. Panagopoulos, Esquire Attorney I.D. No. 89491 Attorneys for Plaintiff 20583 3 Sale No.: 12-7480 Dana C. Panagopoulos, Esquire Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey prepared by Larry V. Neidlinger, R.S. dated February 4, 1984, as follows, to wit: BEGINNING at a point located in the southern right-of-way line of Interstate Route 81, a corner of lands now or formerly of the Cumberland County Redevelopment Authority; thence by lands now or formerly of the Cumberland County Redevelopment Authority, South 27 degrees 24 minutes 30 seconds East, a distance of 298.45 feet to a point in the western right-of-way line of Stover Drive; thence along said right-of-way line on a curve to the left having a radius of 225.00 feet, an arc distance of 195.86 feet to a point; thence by same, South 27 degrees 24 minutes 30 seconds East, a distance of 13.00 feet to a point; thence along the northern right-of-way line of a private service road, South 65 degrees 09 minutes 31 seconds West, a distance of 28.35 feet to a point; thence by same, South 67 degrees 36 minutes 28 seconds West, a distance of 183.69 feet to a point; thence by lands now or formerly of Frank L. Black, Jr. and Ruth E. Black, his wife, North 27 degrees 24 minutes 30 seconds West, a distance of 416.14 feet to a point in the southern right-of-way line of Interstate Route 81; thence by said right-of-way line, North 54 degrees 11 minutes 44 seconds East, a distance of 153.73 feet to a point; thence by same, North 51 degrees 11 minutes 17 (erroneously set forth in prior deeds as 44) seconds East, a distance of 103.34 feet (erroneously set forth in prior deeds as 153.73 feet) to a point; thence by same, North 51 degrees 55 minutes 23 seconds East, a distance of 38.59 feet to a point, the place of Beginning. BEING Lot No. 2 on the Final Subdivision Plan for Frank L. Black, Jr., dated February 2, 1984, and recorded in Cumberland County Plan Book 45, Page 57 and having thereon erected a warehouse and manufacturing facility. CONTAINING 2.772 acres. BEING TAX PARCEL NO. 21-19-1633-035A BEING KNOWN AS 90 Stover Drive, Middlesex Township, Cumberland County, Pennsylvania. 20665 BEING THE SAME PREMISES which Dennis A. Knaub, single person, by Deed dated and recorded March 20, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 273, Page 3028, et seq., granted and conveyed unto Slagle Enterprises, L.L.C., a Pennsylvania limited liability company, its successors and assigns. SEIZED AND TAKEN in execution of the property of Slagle Enterprises, L.L.C., Defendant and Mortgagor herein, under Judgment No. 12-7480. 20665 UNITEDSTATES POSTALSERVICE® Certificate Of Mailing This Certificate of Mailin provides evidence that mail has been presented to USPS®for mailing. This form may be used for domestic and international mail. �•- r, -' - O From: f A ° A- .t .f - o Brubaker Connaughton Gos ° 0) �► Lucarelli LLC z13 480 New 11644and A-,— o m w Lancaster PA 17 Co TO: Cumberland County Treasure pS 1 Courthouse Square o Old Chnri-hniicP,RrY,)n 103 Carlisle, PA-17013 w rn PS Form 3817,April 2007 PSN 7530-02-000-9065 N C 90 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff cam-"—_ q tr nt Cur ,b,r, Jody S Smith .rp rnrrac Chief Deputy -rs rTi Richard W Stewart °' .<> -c'� Solicitor orF CE r THE$HER r-= Susquehanna Bank Case Number vs. 2012-7480 Slagle Enterprises LLC -Robert Slagle Sole Member SHERIFF'S RETURN OF SERVICE 07/12/2013 01:25 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 90 Stover Drive, Middlesex-Township, Carlisle, PA 17013, Cumberland County. 07/17/2013 Received instructions from Atty Panagopoulos to change maner of service from Personal to AIC. cab. 07/18/2013 01:50 PM - Deputy William 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 Greg Keefer, shop manager, who accepted as"Adult Person in Charge"for Slagle Enterprises LLC - Robert Slagle Sole Member at POE: Lighting Limited, 1261 Claremont Road, Carlisle, PA 17015, Cumberland County. Y 09/05/2013 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 at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Dana Panagopoulos, on behalf of Susquehanna Bank, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,254.86 SO ANSWERS, October 03, 2013 RONR ANDERSON, SHERIFF LK � e r S'Z) Lc- ,oei G ;Er 933 6,e ,29‹Plod (C)CountySuite Sheriff Teleosott Inc.