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HomeMy WebLinkAbout13-0249KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 FULTON BANK, N.A. Plaintiff v. STACY BUXTON AND ERIC BUXTON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. ~ 3- a~ ~ ~~i~~l MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NOT FEE. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 t ~' '"', r ...3.. 4,..~ '^"~ Attorney fo Iff(s) ~~.'r~:~ ~~ ~ ~~ ~' ,t~ ,~ , f ~ fJ: f"' ..... ''~'""7 =J ~. ..~ s> Cl7 C-x w ~C' (~ ~ rq ~~ a• ~1~1 ~ ~ ~y - V 1 i~ _\ S,l~ try Q~}~1og,~S~ d Q I ~~a~s3 KEEPER WOOD ALLEN He RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 FULTON BANK, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. STACY BUXTON AND ERIC BUXTON Defendants CIVIL ACTION -LAW NO. MORTGAGE FORECLOSURE AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de diners reclamada en la demands o cualquier otra reclamation o remedio solicitado pro el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 s. Bedford Street Carlisle, PA 17013 (717) 249-3166 Attorney fo la ntiff s) KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 FULTON BANK, N.A. Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACY BUXTON AND ERIC BUXTON Defendants COMPLAINT CIVIL ACTION -LAW NO. MORTGAGE FORECLOSURE 1. Plaintiff Fulton Bank, N.A. is a national banking association, with an office at 200 N. Third Street, Harrisburg, Pennsylvania 17101. 2. Defendants are Stacy Buxton and Eric Buxton, adult individuals, whose last known address is 2506 Mallard Way, Mechanicsburg, Pennsylvania 17055. 3. Defendants are the owners of a tract(s) or parcel(s) of land with buildings and other improvements thereon located at 1 Commercial Drive, LowerAllen Township, Cumberland County, Pennsylvania (the "Premises"). The Premises are more fully described hereinafter. 4. On or about March 10, 2010, Defendants, for good and valuable consideration, executed and delivered a Note (the "Note") to Plaintiff. A true and correct copy of the Note is attached hereto, made a part hereof and marked Exhibit A. 5. On or about March 10, 2010, Defendants executed an Open End Mortgage in favor of Plaintiff (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, at Instrument Number 201006124. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit B. 6. The failure of the Defendants, among other things, to pay when due and payable the payments under the Note constitutes a "default" as defined under the terms of the Mortgage. 7. The Defendants have failed and refused, among other things, to make payments due and payable under the Note. KEEPER WOOD ALLEN 8c RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 8. The terms of the Mortgage provide that upon the occurrence of a default by the Defendants, the Plaintiff may accelerate and demand immediate payment of all sums due under the Mortgage. 9. The sum presently due and payable to Plaintiff by Defendants which is secured by the Mortgage is computed as follows: a. Unpaid Principal b. Accrued Interest through 01/14/13 c. Late Charges through 01/14/13 d. Attorney's Fees TOTAL $ 298,620.47 $ 9,054.46 $ 744.36 $ 29,862.00 $ 338,281.29 10. Notice of the availability of mortgage assistance under the Homeowners Emergency Mortgage Disclosure Act of 1993 ("Act 91 ") was not required. 11. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was not required. WHEREFORE, Plaintiff demands judgment in the sum of $338,281.29 togetherwith interest as may accrue from and after January 14, 2013, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises. Date: January 14, 2013 KEEPER, WOOD, ALLEN &RAHAL, LLP By: Eugene E. Pepins y, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEPER WOOD ALLEN 8c RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 VERIFICATION The undersigned, James W. Pesavento, hereby verifies and states that: He is Vice President of Fulton Bank, N.A., Plaintiff herein; 2. He is authorized to make this Verification on its behalf; The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ~-2._- W. Pesavento Dated: January/~, 2013 NtlIAIYGIIiIIlIIIII~pIWII ~~~ ,~ (~ „~ y~ ti~ u~ Borrower: Stagy Buzcon Lender: Fulton Bank, N.A. Eric Buxton Dowmown Harrisburg Office 2608 Mallard Way One Penn Square Mechanicsburg, PA 17055 Corporate Address Lancaster, PA 17802 Prinoipal Amount: 5316,000.00 Date of Note: March 10, 2010 PROMISE TO PAY. Staoy Buxton and Eric Buxton ("Borrower") jointly end severally promise to pay to Fulton Benk, N.A. 1"Lender"), or order, in lawful money of the United States of America, the principal amount of Three Hundred Flfteen Thousand & 001100 DoUsrs I531S,000.OOy, together with interest on the unpaid principal balance from March 10, 2010, undl paid in full. PAYMENT. Subject to any payment changes resuhing from ohangee In the Index. Borrower will pay this ben In acoordence with the following payment schedule: 8 consecutive momYtly payments ai Interest, beginning on April 10, 2010 end continuing on the 10th day of each month thereafter, folowed by 233 consecutive montl[ly installments on account of principal and interest in the amount of $2,481.21 each, baglnning on October 10, 2010 end cominuing on the 10th day o1 each month thereafter. One Bnel payment of ell unpaid principal and all unpaid accrued interest shall be due and payable on March 10, 2030; provided, however, Lender shell have the aptlon et aech five {5) year anniversary from the date hereof, to declare the emirs then outstanding principal balance and all accrued unpaid interest to be due end payable thirty (30) days following written notice to the Borrower that Lender Is oxercleing such option. INTEREST RATE. The interest rate applicable hereunder Is the annual fixed rate of 6.9B% for a period of 80 months from the date hereof, followed by rite annual variable rate of 1.00°h above the Index, as hereinafter deflnad. Unless otherwise agraetl or required by applicable law, payments w(II he applied first to any accrued unpaid Interest; then to principal; then to any late charges; end then to any unpaid coileetion costs. Borrower will pay Lender at Lender's address shown above or at such other place es 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 ie the Fulton Bank, N.A. Prime Reta Ithe "Index"I. The index Is not necessarily the lowest rate charged by Lander on its loans and Is sat by Lender in its sole discretion. If the Index becomes unavellable during the term of this loan, Lender may designate a substltuta index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The Interest rate change will not occur more often then aech day. Borrower understands that Lander may make loans based on other rates as well. Interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD' paragraph using a rate of 1.000 percentage point over the Index. NOTICE: Under no circumstances will the interest rate on this Note be lase than 5.000% par annum or 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: IAI Increase Borrower's payments to ensure Borrower's loan will pay off by Ire origlnel final maturity date, 181 increase Borrower's payments to cover accruing Interest, ICI increase tfie number of Borrower's payments, and fD1 continue Borrower's payments et the same amount and increase Borrower's final. payment. INTEREST CALCULATION METHOD. Interest on this Note to computed on a 365/380 basis; that is, by applying the ratio o} the Interest rate over a year of 360 days, multlpllsd by the outstanding principal balance, multiplied by the actual number of days the principal balance ie outstanding. All interest payable under this Note is computed using this method. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender Is entitled to the folowing prepayment penahy: Tha Borcower shell have the right to prepay the whole or any pert of the principal and Interest Mraundar provided that: let st the time of prepayment no ovem of default hereunder shall have occurred; Ibl any prepayment during any fixed rate perbd shall be accompankd by a prepayment penalty equal to two (2%) percent of the amount; icl any partial prepayment shell be applied to the unpaid prinoipai balsnoe, and no prepayment shell reduce the amount of the scheduled Instsllmenta nor relieve the Borrower from paying the scheduled installments on aech due data, until the entire indebtedness is paid. Notwithstanding anything to the contrary set forth above. the prepayment penahy will Trot be charged if up to twenty 120%1 percent of the original principal amount is prepaid from internally generated funds whhin any ban year. The term "loan year"mused herein is defined es any period of one year commencing on the date hereof or on any snniversery of such data. Except for the foragoing, Borrower may pay ell or a portlon of the amoum owed eerUer than it is due. Early payments will not, unless agreed tc by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under [he payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to Bend Lander payments marked "paid in Lull", "without recourse", or slmflar language. If Borrower sends such a payment, Lander may accept it without losing any of Lender's rights under this Nota, and Borrower will remain obligated to pay any further amount owed to Lander, 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 es full satisfaction of a disputed amount must be melted or delivered [o: Fulton Bank, N.A.; Downtown Harrisburg Office; One Penn Square; Corporate Address; Lancaster, PA 17602. LATE CHARGE. It a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the Interest rate on this Note shall be increased by adding a 5.000 percentage point margin ('Default Rate Margin"1. The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment Is entered In connection with this Nota, interest will continue to accrue after the date of judgment et the rate In effect et the time judgment is entered. However, in no event will the interest rate exceed the maximum Interest rate limitations under eppllcable law. DEFAULT. Each at the following shall constitute an event of default ('Event of Default"1 under this Note: Payment Defauh. Borrower fails to make any payment when tlue under this Nota. Other Defauhs. Borrower fails [o comply with or to perform any other term, obligation, covenant or condition contained in this Note or {n any of the related documents or to comply with or io pariorm any term, obligation, covenant or condition contained in any other agreement between Lender end Borrower. Dofauh In Favor of Third Partiec. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or salsa agreement, or any other agreement, in favor of any other creditor or person that may materlelly affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. i 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 et any time thereafter. Death a insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any pert of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, ar 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 LiY judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency~agalnst arty 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 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 [he dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of rho indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity oi, or liability under, any guaranty of the indebtedness evidenced by [his Note. Adverse Change. A materiel adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note Is Impaired. -- _ __ -_ - 2 __ _ - _ _ -- - - PROMISSORY NOTE Loan No: 0001-9712337-9001 (Continued) Page 2 ,._ Insecurity. Lender in good faith believes Itself Insecure. ' Cure Provisions. If any default, other then a-default in payment is curable and if Borrower has net been given a notice of a breach of the same provision of this Note within the preceding twelve 112) months, It may be cured II Borrower, attar Lender sends written notice to Borrower demanding cure of such default: 11) cures the default within fifteen 1151 days; or 12) if the cure requires more thsn•fifteen 1151 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient [o curd the default and thereafter continues and completes elf reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices ae required 6y eppllceble law, declare the entire unpaid principal balance under this Noto and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under eppllceble law, Lender's reasonable attorneys' tees end Lender's legal expenses, whether or not there ie a lawsuit, including reasonable attorneys' fees, expanses for bankruptcy proceedings (including efforts to modify or vecato any automatic stay or injunction}, end appeals. If not prohibited by applicable law, Borrower also will pay any court costs, ih addition to all other euma provided by law. JURY WAIVER. Lender and Bonower hereby waive the dght to any Jury trial In any action, proceeding, or oounterclalm brought by either Lender m Bonower agelrot the other. ' GOVERNING LAW. Thla Note will be governed by }sderal law applicable to Lander and, to the extent not preempted by federal law.~the laws of the Commonweahh of Panneylvenla wthout regard to Its conflicts of law provisions. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. R1GH7 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 eccountl. This includes all accounts Borrower holds jointly with someone else and ell accounts Borrower may open In the future. However, this does not include any IAA or Keogh accounts, or any trust acdounts 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 end all such accounts, end, at Lender's option, to adminiatratively freeze all such eccounte to allow Lander to protect Lender's charge and eetoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by Mortgage on 1 Commercial Drive, Township of Lower Allen, Cumberland County, PA; Assignment of Leeaes and Rents; Guaranty of Prevail Salon, L.L.C. CROSS DEFAULT. Any event of default under any loan due and owing to Lender by Borrower, at any time, shaft constitute an avant of default under all (cans due and owing to Lender by Borrower. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, end upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender end Its successors and assigns. GENERAL PROVISIONS. It any pert of this Note cannot 6e enforced, this fact will not affect the rest of the Nota. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Each Borrower understands end agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower la) make one or more additional secured or unsecured loans or otherwise extend additional credit; Ib) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including Increases and decreases of the rate of Interest on the indebtedness; Icl exchange, enforce, waive, subordinate, fell or decide not to perfect, and releass any security, with or without the substitution of new collateral; Idl apply such security and direct the order or manner of sale thereof, including without limitation, any non-Judicial sale permitted by the terms of the controlling security egreetnenta, es Lender in its discretion may determine; let release, substitute, agree not to sus, or deal with any one or more of Borrowers sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and It) determine how, when end what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Nota, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor! Upon any change to the terms of this Note, end 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 end for any length of time) this loan or release any party or guarantor or collateral; or Impair, fell to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other then the party with whom the modification ie made. The obl(gatlona under this Note are joint end aeverai. It any portion of this Nota is for any reason determined to be unenforceable, it will not affect [he enforceability of any other provislone of this Nota. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT. ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, ANO AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (95001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE 70 CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EAOH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH aORROWER AGREE6 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. BORR WER: X ISeal> X (Seel) Stacy Buxton Erl xton Signed, acknowledged and delivered in the presence of: x ~. _~ s~_ ~la~{ ~~~~ ~~ Parcel Identification Number: 13-23-0547-300 RECORDATION REQUESTED BY: Fulton Bank, N.A. Downtown Harrisburg Office One Penn Square Corporate Address Lancaster, PA 17602 WHEN RECORDED MAIL TO: Fulton Bank, N.A. Collateral 1695 State Street East Petersburg, PA 17520 ~ro~ FOR RECORDER'S USE ONLY *00001-9712337-900100040031057* OPEN -END MORTGAGE AND SECURITY AGREEMENT (This instrument is an open-end mortgage and secures future advances pursuant to 42 Pa. C. S. § § 8143 and 8144, Act No, 126 of 19901 MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shall not exceed at any one time 5315,000.00. Amount Secured Hereby: 5315,000.00 THIS MORTGAGE dated March 10, 2010, is made and executed between Stacy Buxton and Eric Buxton, whose address is 2506 Mallard Way, Mechanicsburg, PA 17055 {referred to below as "Grantor"~ and Fulton Bank, N.A., whose address is One Penn Square, Corporate Address, Lancaster, PA 17602 (referred to below as "Lender"). --1 ~~ , GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender ail of Grantor's right, title, and interest in and to the following described real property, together with all existing or -- __ __ - _-2 MORTGAGE Loan No: 0001-9712337-9001 (Continued) Page 2 ', i 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, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, lthe "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 1 Commercial Drive, Township of Lower Allen, Cumberland County, PA. The Reaf Property parcel identification number is 13-23-0547-300. 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 Commercia! Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST fN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SfGURE !A) PAYMENT OF THE INDEBTEDNESS AND {g) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE !N THE ORIGINAL PRINCIPAL AMOUNT OF $315,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shat{ pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all 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 or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as __ __ __ __- -- - - 3 MORTGAGE Loan No: 0001-97 1 2337-9001 (Continued) Page 3 previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and fb) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation alt Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2} agrees to indemnify, defend, and hold harmless Lender against any and all .claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain ar suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals {including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least squat value. Fender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of al! governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such taw, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety band, reasonably __ ----- -- --- --_ _ _ -- _ _ __-- _ _ _ _4 MORTGAGE Loan No: 0001-9712337-9001 (Continued} Page 4 satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT SY LENDER. Lende- 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 (3} years, lease-option contract, or by safe, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXE5 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 (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing 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. 1f 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 (15) 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 reasonable 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 - __ 5 MORTGAGE Loan No: 0001-9712337-9001 (Continued) Page 5 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 de{iver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. 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, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen {15) days of the casualty. Whether or not Lender's security is impaired, Lender may, 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 Tien affecting the Property, or the restoration and repair of the Property. if Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor tails to comply with any provision of this 6 MORTGAGE Loan No: 0001-9712337-9001 {Continued) Page 6 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 behalf 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. Al! such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Nate 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 (2) the remaining term of the Note; or {C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to al! other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure 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 in fee simple, tree 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 ;n connection with this Mortgage, and (b) Grantor has the full tight, 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 al! 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 shag survive the execution and delivery of this Mortgage, shah 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 may be necessary to MORTGAGE Loan No: 0001-9712337-9001 tCoaltinued) Page 7 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 ai 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. IMPOSI7iON 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 atl expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1 } a specific tax upon this type of Mortgage or upon 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 (4> 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 (1) pays the tax before it becomes delinquent, or {2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a su#ficient 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 __ _ _ _ - ___ _- ___ _ --a MORTGAGE Loan No: 0001-9712337-9001 (Continued) Page 8 for alt expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Persona) Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained leach as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further 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 by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of turther assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve 11) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the {tens and security interests created by this Mortgage 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 #or all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require tender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mor#gage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination tee 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 discharge of any lien. C MORTGAGE Loan No: 0001-9712337-9001 (Continued) Page 9 Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Defauk in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Relayed Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Detective Collateralization. This Mortgage or any of the Related Documents ceases to be in full 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 death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency taws 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 good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other 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. 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. Insecurity. Lender in good faith believes itself insecure. 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 - _ _ ____ ____- - __ - _ __ _ - __ _ _ ___ __- - 10 MORTGAGE Loan No: 0001-9712337-9001 1Contlttuedl Page 10 preceding twelve (12- months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) 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, with or without taking possession of the Property, to 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 wither in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. 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 possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be - -- _.-- - - - - - -- _---- __ - - - - --- --- - ___ 11 MORTGAGE Loan No: 0001-9712337-9001 (Continued) Page 11 a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicia! 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. Qeficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property afiter 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) pay a reasonable rental for the use of the Property, or {2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have ail 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 part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shat! mean notice given at least ten (10) days before the time of the saie or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or 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 andJor against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral 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, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to -- - _ _ 12 MORTGAGE Loan No: 0001-9712337-9001 (COntltlued) Page 12 any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a Lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including of#orts to modify or vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal tees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited wish a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, et. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. ADVANCE MONEY MORTGAGE. (A} This Mortgage secures future advances made pursuant to the Note or Related Documents. Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks of any kind or nature described in 42 Pa. C.S.A. § 8144. (B- If Grantor sends a written notice to Lender which purports to limit the indebtedness secured by this Mortgage and to release the obligation of Lender to make any additional advances to or for the benefit of Grantor, such a notice shall be ineffective as to any future advances made: (1 } to enable completion of the improvements on the Real Property for which the loan secured hereby was originally made; i2) to pay taxes, assessments, maintenance charges and insurance premiums; (3) for costs incurred for the protection of the Property or the lien of this Mortgage; (4) on account of expenses incurred by Lender by reason of a default of Grantor hereunder or under the Related Documents or under the Note; and (5} on account of any other costs incurred by Lender to protect and preserve the Property or the lien of this Mortgage. It is the intention of the parties hereto that any such advance made by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are apart of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and 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 in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received tram the Property during Grantor's previous fiscal year in such form and detail as MORTGAGE Loan No: 0001-9712337-9001 (COntlrtu@d) Page 13 Lender shalt require. "Net operating income" shall mean all cash receipts trom the Property less all 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 interpret or define the provisions of this Mortgage. Governing Law. This Mortgage wi{I 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. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and aH references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver 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 right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. 1f a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, ii 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 t:he following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar -- _-- MORTGAGE Loan No: 0001-9712337-9001 (Continued) Page 14 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 shat) 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 Stacy Buxton and Eric Buxton 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 all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, 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 Stacy Buxton and Eric Buxton. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all 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 alt principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. -- - _ _ _ _ - -_-_ _ - _ - 15 MORTGAGE Loan No: 0001-9712337-9001 (Continued) Page 15 Lender. The word "Lender" means Fulton Bank, N.A., its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated March 10, 2010, in the original principal amount of 5315,080.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean alt equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums? from 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 or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. __ _ _l6 MORTGAGE Loan No: 0001-9712337-9001 (Continued) Page 16 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE 7HE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X % (Seal) Stacy Buxto X _ iSeall E~ Bux~tS - "C.~ Signed, a/cknowledged and delivered in the presence of: X v X J~L~ _ _ CERTIFICATE OF RESIDENCE 1 hereby certify, that the precise address of the mortgagee, Fulton Bank, N.A., herein is as follows: Downtown Harrisburg Office, One Penn Square, Corporate Address, Lancaster, PA 17602 ~. `~ At orney or Agent for agee MORTGAGE Loan No: 0001-9712337-9001 (Continued) Page 17 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~~AA(~ E1I1,~1.rn 1 On this, the _ 7-i day of u _, 20 /CL_, before me _ -rsu ~1 ~F~~~ . ~~- the undersigned Notary Public, personally appeared Stacy Buxton and Eric Buxton, known to me (or satisfactorily proveni to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand a o 1 sea COMMONWEALTH OF PENNSYLVANIA Notarial Seal Stephen M. Reeves, Jr., Notary Public t;~yptHarristwrg,DaUphinCouMY Notary Public in and for the State of F./.~ My Commission Expires July 28, 2010 Member. Pennsylvania AssoGation.of Notaries LASER PRO Lending, Ver. 5.48.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2010. Alt Rights Reserved. - PA G:\LPLICOML\CFI\LPL1G03.FC TR-41623 ALL THAT CERTAIN lot or piece of ground situate on the Northwesterly corner of Pennsylvania State Highway Legislative Route No. 21022 known as Carlisle Road, and Commercial Drive, in Block "1", on the Plan of "Greater Highland Park", in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more fully bounded and described by true North bearings derived from solar observations of the Pennsylvania Department of Highways, and surveyed by Earle M. Frankhouser Associates, Inc. of Reading, Pennsylvania, as follows, to wit: BEGINNING at the intersection of the Northerly right-of--way line of Pennsylvania State Highway Legislative Route No. 21022 (fifty (50) feet wide) with the Westerly lot line of Commercial Drive (sixty (60) feet wide); THENCE extending along the right-of--way line oFPennsylvania State Highway Legislative Route No. 21022, known as the Carlisle Road, the four (4) following courses and distances: (1) North eighty-five (85) degrees six (6) minutes West by a fine twenty-five (25) feet Northward from and parallel with the center line of said right-of--way, adistance ofthirty-two and thirty-one one-hundredths (32.31) feet to a point; (2) South four (4) degrees fifty-four (54}minutes West, a distance of five (5) feet to a point; (3) North eighty-five (85) degrees six (6) minutes West, by a line twenty (20) Feet Northward from and parallel with the center lien of said highway, a distance of seventy-two and sixty-seven one- hundredths (72.67) feet to the point of curvature in said Northerly right-of--way line; (4} in a Westerly direction along the arc of a curve deflecting to the left having a radius of two thousand five hundred sixty- six and sixty-four one-hundredths (2,56b.64) feet to a central angle of no (0) degrees thirty-two (32) minutes one and thirteen one-hundredths (1.13) seconds, the chord of said curve bearing North eighty-five (85) degrees twenty-two (22) minutes West for adistance oftwenty-three and ninety-one one-hundredths (23.91) feet to a point; THENCE leaving said Carlisle Road and extending along House No. 154b Carlisle Road, the property now or late of Raymond R. Kurtz and Catherine 8. Kurtz, North eight (8) degrees no (0) minutes twenty (20) seconds West, a distance of one hundred forty-eight and thirty-tive one-hundredths (148.35} feet to a point; THENCE extending along land now or late of N.P. Ninneman and Naomi S. Ninneman, his wife, South eighty-eight (88) degrees ten (10) minutes fifty {50) seconds Bast, a distance of ninety-four and forty-nine one-hundredths (94.49) feet to a point on the westerly lot line of Commercial Drive, South twenty (20) degrees ten (i0) minutes no (0) seconds, a distance of one hundred fifty-nine and sixty-two one-hundredths (159.62) feet to the place of BEGINNING. CONTAINING in area sixteen thousand five hundred fifty and one-tenth (16,550.1,1 square feet of land. +° ~- I ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201006124 Recorded On 3/11/2010 At 10:11:21 AM * Instrument Typc -MORTGAGE Invoice Number - 62099 User ID - KW * Mortgagor -BUXTON, ERIC * Mortgagee - FULTON BANK N A * Customer -ASSURED LAND * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $39.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $90.00 * Total Pages - I9 °-.:_ _ 19 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA OM ~ M ~j~ ~~ ,D v ~ RECORDER O D EDS trao * -Information denoted by an asterisk may change during the verifreation process and may not be reflected on this page. 001QWi II(f I((II(li(l lllllllll ll 111 KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 FULTON BANK, N.A. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • CIVIL ACTION - LAW • v. • NO. 13-249 CIVIL • STACY BUXTON AND ERIC BUXTON • MORTGAGE FORECLOSURE Defendants PRAECIPE TO THE PROTHONOTARY: Please mark this action discontinued, without prejudice. KEEFER, WOOD, ALLEN & RAHAL, LLP Date: November 20, 2013 By: Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff Fri `ter._ j.� .... ~F� y-9 Vie`)