HomeMy WebLinkAbout04-6034
II
ORRSTOWN BANK
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 2004- t;t:-)3il
CIVIL TERM
WAYNE L. ULSH,
MORTGAGE FORECLOSURE
Defendant
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 an 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE
TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
II
ORRSTOWN BANK
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 2004-
CIVIL TERM
WAYNE L. ULSH,
MORTGAGE FORECLOSURE
Defendant
COMPLAINT
NOW, comes Plaintiff, Orrstown Bank ("Orrstown"), by and through its attorneys,
O'BRIEN, BARIC & SCHERER, and files the within complaint and, in support thereof, sets
forth the following:
1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a
place of business located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania.
2, The Defendant, Wayne L. Ulsh ("Ulsh"), is an adult individual residing at 36 East
Main Street, Plainfield, Cumberland County, Pennsylvania.
3, By Deed acknowledged on July 31,1995, Carolyn L. Baldwin and Fred L.
Baldwin, Jr., her husband, conveyed their one-half interest in the premises described in Exhibit
"A", attached hereto and made a part hereof, to Wayne L. Ulsh. This Deed was recorded in
Cumberland County Record Book 125, Page 1076, et seq, all of which pages are incorporated
herein by reference and made a part hereof. The premises are further described as being 36 East
Main Street, Plainfield, Cumberland County, Pennsylvania, By Order of Court, Hoffer, J., dated
June 21, 1995, Wayne L. Ulsh and Carolyn L. Baldwin were awarded the premises described in
Exhibit "A" as equal tenants in common, The Order of Court was recorded in Cumberland
County Record Book 123, Page 1002, et seq. all of which pages are incorporated herein by
reference and made a part hereof.
4. On or about November 13, 2000, Ulsh, as Mortgagor made, executed and
delivered a written Note secured by a Mortgage made, executed and delivered the same day to
Plaintiff as Mortgagee on the premises described in Exhibit "A". This Mortgage was recorded in
the Cumberland County Office of the Recorder of Deeds on November 22,2000, at Cumberland
County Record Book 1653, Page 672, et seq., all of which pages are incorporated herein by
reference and made a part hereof,
5. A true and correct copy of the aforesaid Note is attached hereto and made a part
hereof as Exhibit "B". A true and correct copy of the aforesaid Mortgage is attached hereto and
made a part hereof as Exhibit "C".
6, Defendant has defaulted under the terms and conditions of the Mortgage and Note
by failing to make payments since August of2003. Defendant has failed to make the following
monthly payments as of the date of this complaint: June, 2004; July, 2004; August, 2004;
September, 2004; October, 2004 and November, 2004.
7. Defendant is the present record owner of the premises described in Exhibit "A'
and is the real owner of the premises.
8. Plaintiff served Notice of Plaintiffs Intention to Foreclose on the real estate of
Defendant, described in Exhibit "A", by registered mail on or about August 30,2004, and served
Notice of Defendant's Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage
Assistance Law) by registered mail on the same date.
9. Attached hereto as Exhibit "D" is a true and correct copy of the combined Act 6
and Act 91 Notice served upon Defendant.
II
"
I,
!
10, Attached hereto as Exhibit "E" is a true and correct copy of the certified mail
receipt for the Act 6/ Act 91 Notice provided to Defendant.
11, Under the terms of the Mortgage and Note, if any monthly payment of principal
and interest in not made when due or any other obligations of the Note or Mortgage is not met,
then the entire indebtedness owing on the Mortgage and Note obligation shall become due and
payable immediately at the declaration of Mortgagee.
12. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing,
13, The total due as of November 16, 2004 is as follows:
Principal
$4,042.06
Interest to
11 /16/04
(per diem)
$ 167.29
Late Charge
$ 15.00
TOTAL:
$4,224.29
The Mortgage and Note provide for the recovery of attorney fees and costs
incurred by Plaintiff to collect this debt.
II
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of
$4,224.29, plus interest thereafter, at the contract per diem from November 16,2004, costs and
attorney fees against Defendant, Mortgagor and real owner, and seeks foreclosure and sheriffs
sale of the mortgaged property in Exhibit "A."
Respectfully submitted,
O'BRIEN, BARIC & SCHE
~~t!
David A. Baric, Esquire
I.D, 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
da b.dir/orrstown bank/ulsh/forecIos ure2. pld
11/17/2004 10:46
I ..
71 72495755
OES
PAGE 06
VERIFI(:~:nON
The statements in the foregoing Complaint are based upon infonnation which has been
assembled by my attorney in this litigation, The language of the statements is not my own, I
have read the statements; and to. the extent that they are based upon information which I have
given to my counsel, they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to. the penalties of 18 Pa.C.S. 9
4904 relating to unsworn falsificatio.ns to. authorities.
DATE: I;' ,;;:; . 0 'I
~7,10 J~~
,- - B-;Jy Smith, Collector
Orrstown Bank
ALL THAT CERTAIN tract of land situate in the Village ofPlaintield, West Pennsboro
Township, Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a point at the northwestern comer of Tract No.2, which is at a point in the
centerline of the State Highway leading from the Borough of Carlisle to Newville, known as
Pennsylvania Route No. 641, which is also known as Main Street, in the Village ofPlaintield,
which point at the Place of Beginning is 232 feet West ofland formerly of Allen W. Shatto and
now or formerly of R. Smith Reese; thence from said point at the Place of Beginning along the
western line of Tract No.2 hereinafter described, South 12 degrees 30 minutes West, a distance
of 176,7 feet to line of property formerly of Bertie Elliott; thence along line of said land now or
formerly of Bertie Elliott, North 77 degrees 30 minutes West, a distance of 75 feet to a point in
line of land now or formerly of Harper Kell; thence along the eastern line of said land now or
formerly of Harper Kell, North 12 degrees 30 minutes East, a distance of 176.7 feet, more or less,
to a point in the centerline of said State Highway now known as Main Street; thence along the
centerline of said Main Street, South 77 degrees 30 minutes East, a distance of 75 feet to a point
at the northwestern corner of Tract No, 2 at the Place of BEGINNING,
THE ABOVE described Tract No.1 has thereon erected a bungalow and other improvements and
is designated as 36 East Main Street, Plainfield, Pennsylvania 17081.
BEING part of the same premises which Carolyn L. Baldwin and Fred L. Baldwin, Jr., by Deed
dated July 31, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book 125, Page 1076, granted and conveyed unto Wayne L. DIsh,
Grantor herein.
EXHIBIT "A"
I-'HUIVII~~UHY NU I ~
. .
Principal I Loan Date 1 Maturity I loan No Call' Coli Account lOFffE1ceK rUl"nit.9Is
$11,254.33 11-13-2000 11-17-2005 160028790 V
Refererecs 1:1 !he sha:!ej a'oa a"e fer ~e'1de!'s ~se cnll' 2:-.0 de rool 1i!".I: !t-e a;:plica~l:i!v of Ihis documer.llo a~y pa~ic!;lar lean or ilem.
Any ilem above containing "..." has been omitted due 10 lexllength Iimilations.
Borrower: WAYNE L. ULSH (SSN: 186-30-7369)
P.O. BOX 51
PLAINFIELD, PA 17081
Lender:
ORRSTOWN BANK
STONEHEDGE OFFICE
427 S'rONEHEDGE DRIVE
CARLISLE, PA 17013
Principal Amount: $11,254.33 Date of Note: November 13,2000
Malurity Date: November 17, 2005
PROMISE TO PAY, I ("Borrower") promise to pay to OR~STOWN BANK ("Lender"), or order, In lawful money of the United States of America,
the prlnctpal amount of Eleven Thousand Two Hundred Fifty Four & 331100 Dollars ($11,254.33), together with Interest at the rate of 9.125% per
annum on the unpaid principal balance from November 17,2000, until paId In full.
PAYMENT. I will pay this loan In 60 payments of $234.29 each payment. My first payment Is due December 17,2000, and all subsequent
payments are due on the same day of each month aner that. My final payment will be due on November 17,2005, and will be for all principal
and all accrued Interest not yet paid. Payments Include principal and Interest. Untess otherwise agreed or required by appllcabte law,
payments will be applied first to accrued unpaid Interest, then to any unpaid credit Insurance charges, then to principal, and any remaining
amount to any unpaid collection costs and late charges, Interest on this Note ts computed on a 3651365 stmple tnterest basis; that Is, by
applying the ratio of the annual Interest rate over the number of days In a year, multiplied by the outstanding principal balance, multiplied by
the actual number of days the principal balance Is outstanding. I will pay Lender at Lender's address shown above or at such other place as
Lender may designate In writing.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than il is due. Early payments will not, unless agreed to by
Lender in writing, relieve me of my obligation 10 continue to make payments under the payment schedule. Rather, early payments will reduce the
principal balance due and may result in my making fewer payments. If I prepay this loan in full, I will receive a rebate of any unearned Insurance
premiums, I agree not to send Lender paymenls marked "paid in full", "without recourse", or similar language, If I send such a payment, Lender may
accept it without losing any of Lender's rights under this Note, and I 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 Indicales 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: ORRSTOWN BANK, n EAST KING STREET SHIPPENSBURG, PA 17257.
LATE CHARGE. If a payment is 16 days or more late, I will be charged $2.50.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the
date of acceleration or maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law.
DEF AUL T. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note,
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this
Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
False Statements. Any representation or statement made or furnished to Lender by me or on my 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.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the
benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws, However, my death
will not be an event of default if as a~esult of the death the Indebtedness is fully covered by credit life insurance.
Taking of the Property. Any creditor or governmental agency tries 10 take any of the property or any other of my property In which Lender has a
lien, This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good failh whether the claim on which
the laking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety
bond satisfactory to Lender to satisfy the claim, then this default provision will not apply,
Defective Collaterallzatlon. This Note 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,
Collaleral Damage or Loss, Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial
damage or destruction is not covered by insurance.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or dispules the validity
of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the evenl of a death, Lender, at its option, may, but shall not be
required to, permit the guarantor's estate 10 assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender,
and, in doing so, cure any Event of Default.
Cure Provisions, If any default. other than a default in payment is curable and if I have 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 (and no event of default will have occurred) if I, after receiving written notice
from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days,
immediately initiate steps which Lender deems in Lender's sole discretion 10 be sufficient to cure the default and thereafter continue and complete
all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS, Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest immediately due, and then I will pay that amount.
ATTORNEYS' FEES; EXPENSES, Lender may hire or pay someone else to help collect this Note if 1 do not pay. I will pay Lender that amount. T.his
Includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, Including
attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not
prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. .
RIGHT OF SETOFF. To the exlent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking,
EXHIBIT "B"
PROMISSORY NOTE
(Continued)
Page 2
savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I 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, I authorize Lender, to the extent
permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to
administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph.
COLLATERAL. I acknowledge this Note is secured by a Mortgage dated November 13, 2000, to Lender on real property located in CUMBERLAND
County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note.
CREDIT INSURANCE.I have chosen to purchase Single Life Insurance for this loan. Information concerning the premiums and the term of this
insurance are set forth in the Disbursement Request and Authorization, all the terms and conditions of which are hereby incorporated and made a part
of this Note.
PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this
requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and
made a part of this Note.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my 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. I and any other
person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor.
Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any
length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral.
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, This means that the words "I", "me", and "my" mean each and all of the persons signing
below.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COpy OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
XwJl.f'(ili~,,-- --
(Seal)
'LASER PRO Ltndlng, Atg. U.S. Pat. & T.". OfF.. Vir. 5.14.10.041 (e) Concenlrtx 1Q97, 2000. AU Righi. Reurvld. - PA C:\CfJ\LPL\D20.FC TR-1258 PR-21
STONEHEDGE OFFICE
427, STONEHEDGE DRIVE
CARLISLE, PA 17013
J , v ~.;, ,\; .: _ ; 1. oj L t. H
i'; Leo I : D :: i; !) r" 0 [ E D S
:; U /.( B E R Lt- ~ l D CO U NT Y - P f\
'DO NDU 22 AfT) 9 26
WHEN RECORDED MAIL TO:
ORRSTOWN BANK
P.O. BOX 250
SHIPPENSBURG, PA 17257
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONL V
MORTGAGE
THIS MORTGAGE dated November 13, 2000, is made and executed between WAYNE L. ULSH, whose address is
P.O. BOX 51, PLAINFIELD, PA 17081 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is
STONEHEDGE OFFICE, 427 STONEHEDGE DRIVE, CARLISLE, PA 17013 (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, tille, 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; ail 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; ail water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and ail other rights,
royalties, and profits relating to the real J:lr~p'ert'i> includina.. without limitation all minerals, oil, gas, geothermal and similar matters, (the "Rea'
Property") located in CUMBERLAND County, Commonwealth of Pennsylvania:
DEED DATED 7-31-95 AND RECORDED IN BOOK 125 PAGE 1076 IN WEST PENNSBORO TWP.
The Real Property or its address is commonly known as 36 E. MAIN ST., PLAINFIELD, PA 17081.
Grantor presently assigns to Lender ail of Grantor's right, title, and interest in and to all present and future leases of the Pfoperty 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 SECURITV INTEREST IN THE RENTS AND PERSONAL PROPERTV,IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANV AND ALL OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEP1ED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage
as they become due and shall strictly perform all of 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,
Duly 10 Maintain. Grantor shall maintain the Property in good condition and promplly 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 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 (b) any such activity shall be conducted in compliance with all applicable federal, state,
and local laws, regulations and ordinances, inclUding without limitation all Environmental 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 lawsi and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, Iiabililles, damages, penalties, and expenses
which Lender may direclly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property,
whether or not the same was or should have been known to Grantor, The provisions of this section of the Mortgage, including the obligallon to
indemnify, 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. Granter shall nol cau::e, ::ondu';! or permit any nuisance ncr commit, perm::, er suffer any stripping of or waste en or to the
Property or any portioll of the Property. Without limiting the generality of the foregoing, Grantor wlll 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 equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements, Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law,
ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has nolitied lender in
writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon nor leave unallended 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,
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: ,-f ~ r; 'l ~"'''J
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special tax>>S~~\stlMrtrEjtI1I.ANie~{r,.s
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 Properly, Grantor shall maintain the Property free of any liens having priority over or equal to the interest ot
Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by
Lender, and except for the lien of taxes and assessments not dua 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 obli~ati.on 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 with III fifteen
EXHIBIT "e"
MORTGAGE
(Continued)
Page 2
(15) days after the lien arise~ 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
req~ested 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 cos,ts and attorneys' fees, or othe! charges that could accrue as a result of a foreclosure or sale under the lien, In
any contest, Grantor sh~1I 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,
EVlde~ce of Paymen!. Grantor shall upo~ ~emand ~urnish 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,
Notlc~ of Constru~tlon. Grantor shall, notify Lender,a! I~ast fifteen, (15) day~ before any work is commenced, any services are furnished, or any
materlal~ are supplied t~ the Property, If any mechanic s lien, matenalmen's hen, or other lien could be asserted on account of the work, services,
or matenals,. 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.'nsurance. ~rantor shall procure,and maintain policies of fire insurance with standard extended coverage endorsements on a
re~lacement baSIS for the ~ulllnsurable 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, Policies shall be written by such Insurance companies and in such
fo.rm a~ may be reasona~ly acceptable to Lend~r. . Grantor shall del.'ver to Lender certificates of coverage from each insurer containing a
sllpulatlon.that covera~e will ~ot,be, canCe/Je~ or dlml~lshed Wllho~t a mlnimu~ of ten (10) days' prior written notice to Lender and not containing
any disclaimer of the Insurer s hablllly 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 lo?ated in a~ ar~a designated by the Direct~r of the Fede~al. Emergency Management Agency as a special flood hazard area, Grantor
agrees to obtain and maintain Federal Flood Insurance, If available, Within 45 days after notice Is given by Lender that the Property is located in a
spe~ial floOd. ha~r~ area, for the full ~npaid 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 Proceed$. 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 lien affecting the Property, or
the restoration and repair of the Property, If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the
damaged or destroyed Improvements in a manner satisfactory to Lender, Lender shall, upon satisfactory proof of such expenditure, payor
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,
Unexpired In$urance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this
Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property,
Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the
Insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the Insurance provisions
under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any
proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall apply only to that portion of
the proceeds not payable to the holder of the Existing Indebtedness,
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B)
to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing
Indebtedness in good standing as required below, then Lender may do so, If any action or proceeding is commenced that would materially affect
Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to
protect Lender's interests. All expenses 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 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 (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, The rights provided
for in this paragraph shall be In addition to anll other rights or any remedies to which Lender may be entitled on account of any default. Any such
action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's
obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and
encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below 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, and (b) Grantor has the fult
right, power, and authority to execute and deliver this Mortgage to Lender,
Defense 0' 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 shalt 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 Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of
this Mortgage, shall be continuing in nature and shalt remain in full force and effect until such time as Grantor's Indebtedness is paid in full,
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage:
Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly
covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default
under the instruments evidencing such indebtedness, or any default under any security documents for such Indebtedness,
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over
this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall
neither request nor accept any future advances under any such security agreement without the prior written consent of Lender,
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shalt promptly notify Lender in writing, and Grantor s~all promptly take such
steps as may be necessary to defend the action and obtain the award. Grantor may be the no~lnal party I~ such proceedlng~ 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 I?roceedlng or purchase
in lieu of condemnation, Lender may at its election require that alt 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: BOOK1653 rAG~ .673
Current To:e$ Fee$ 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 shalt r~imburse 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,
. - _"'-11 _"__';O...^ '^v^^ ." ,..h;"h thi., e",.tinn Annli"." (1) a soecific tax upon this type of Mortgage or upon all or any part of
MORTGAGE
(Continued)
Page 3
the Indebtedness secured by t~is Mortgage; (2) a specific tax on Grantor which Grantor is authorized~ or required to deduct from payments on
the Indebtedne~~ secured by this type ~f 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
e~ect as an Event of Default, a~d Lender may exercise any or all of Its available remedies for an Event of Default as provided below unless Grantor
either (1) pays the t~ before It becomes delinquent, or (2) contests the tax as provided above In the Taxes and Liens section and deposits with
Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender,
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this
Mortgage:
Security Agreement. This instrument sh~1l constitute a Security Agreement to ~he extent any of the Property constitutes fixtures or other personal
property, 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 execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real properly records Lender
may, at any time and witho~t 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 shail
assemble the Personal 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,
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 (each 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, reflled, 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, complete, perfect, continue, or
preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens 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 for all cosls 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 matlers referred to in the preceding paragraph. It
is understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this
Mortgage, Lender 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 permitled by applicable law, any
reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen:
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,
Break Other PromIses. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in
this Mortgage or in any agreement related to this Mortgage,
False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage, the Note,
or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
Defective COl/atera/lzatlon. 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
laws by or against Grantor. However, the death of any Grantor will not be an Event of Default if as a result of the death of Grantor the
Indebtedness is fully covered by credit life insurance,
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which Lender
has a lien, This includes taking of, garnishing of or levying on Grantor's accounts with Lender. However, if Grantor disputes in good fallh whether
the claim on which the taking of the Property is based is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes
Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply,
existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time
required by the promissory note evidenCing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not
cured during any applicable grace period in such instrument, or any suit or other action Is commenced to foreclose any existing lien on the
Property.
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, endorser, surety, or accommodation party of any
of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any Guaranty of the Indebtedness. 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.
Right to Cure. If such a failure 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 (and no Event of Default will have occurred) if Grantor, after Lender sends written notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately
Initiates steps sufficient to cure the failure 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 al any time thereafter, Lender, at Lender's option, may
exercise anyone 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 it 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 collec! the Rents, incl.udi.ng 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 thereo! in the name of Grantor and t.o negotiate th~ 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 no~ any proper grounds for the demand existed, Lender may exerslsAi~ ~hts undlf..Ui\lyubparagraph either In
person, by agent, or through a receiver. 800K1tJl."v rAGE ~o ('I
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 Properly, 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.
I ~~""M'r ,;~hl In Ih,., "nnninfm<>nf flf " rp("piV!''lr c;hRIl exist whether or nol the apparent value of the Property exceeds the Indebtedness by a
MORTGAGE
(Continued)
Page 4
substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judlclat Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's Interest in all or any part of the Property,
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 J~dgment. 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 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
~f 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 all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the property marshalled, In
exercising Its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate
sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender will 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 shall mean notice given at least ten (10) days before the time of the sale or disposition.
Election ot Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to
choose anyone remedy will nol bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's
obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default
and to exercise Lender's remedies,
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 any limits under
applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services, the cost of searching records, obtaining litle reports (including foreclosure reports), surveyors' reports, and appraisal fees and
tille 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 with 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 shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices
under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notioe is to change the person's
address, For notice purposes, Grantor agrees to keep Lender informed at all limes 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. It will be
Grantor's responsibility to tell the others of the notice from Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters
covered by this Mortgage, To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be
bound or obligated by the change or amendment.
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.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing,
The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give
up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also
understands that if Lender does consent tq a request, that does not mean that Grantor will not have to get Lender's consent again if the situation
happens again, Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender
will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor.
Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest
of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this
Mortgage may be found to be invalid or unenforceable.
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.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word "Borrower" means WAYNE L. ULSH, and all other persons and entities signing the Note.
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 wllhoutlimitallon 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.
Exlsllng Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage.
Grantor. The word "Grantor" means WAYNE L. ULSH.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, inCluding without
limitation a guaranty of all or part of the Note.
Hazardous 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 impropefly used, treated,
stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous SUbstan~es" are us~d 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 all 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 DocUmen!s
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,
Lender, The word "Lender" means ORRSTOWN BANK, its successors and assigns, The words "successors or assigns" mean any person or
company that acquires any interest in the Note.
..~"M.~_ Th_ '''M.-l "Mnrln~n"" m"<lne:: thie:: MnrlnAne hetween Grantor and Lender. ~nn\{ 1 h!)~ rAG[ .675
MORTGAGE
(Continued)
Page 5
Note. The word "Note" means the promissory note dated November 13, 2000, in the original principal amount ot $11,254.33 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. The maturity date of this Mortgage is November 17,2005,
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned
by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of,
and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property,
Property. The word nproperty" 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,
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 INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
... .. ...... .... ./:11/" n_o" (Seal)
ULS , Ind~:y-.-.
::~U?~u~o.
W,tnrlL(
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as ;,
STONEHEDGE OFFICE, 427 STONEHEDGE DRIVE, CARLISLE, PA 17013
ows'
(~
AllO~ or Agent for Mortgagee
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
)
) SS
)
COUNTY OF CUMBERLAND
day of Nc....Jef"\\cxer ,20 00 ,before me ~(C; J/~<!.r::u:::
, the undersigned Notary Public, personally appeared WAYNE L. ULSH, known to me (or sallsfactonly proven)
to be the person whose name is subscribed to the within Instrument, and acknowledged that he or s executed the same for the purposes therein
contained.
In witness whereof, I hereunto set my hand and official seal.
On this, the
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RRSTOWN
BANK
700 $ 0..>00 0003 'J.rr f/ la I)
August 19, 2004
<copy
WAYNE L. ULSH
P. 0, BOX 51.
PLAINFIELD, PA. 17081
Via Certified Mail
Return Receipt Requested
and Regular U. S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages. . .
.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counseling Agencv.
The name, address and phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any Questions. you may
call the Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with
impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer. /
EXHIBIT "D"
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE
EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALV AR SU CASA DE LA PERDlDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
WAYNE L. ULSH
PROPERTY ADDRESS: 36 E. MAIN STREET
PLAINFIELD. PA. 17081
LOAN ACCT. NO.: 160028790
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDERISERVICER: ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") , YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
.
CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT (30)
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
/
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
of desiqnated consumer credit counselin~ aqencies for the county in which the property is located are
set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise
your lender immediatelv of your intentions,
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default.) If you have tried and are unable to resolve this problem with the lender, you have the
right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the
end of this Notice, Only consumer credit counseling agencies have applications for the program and
they will assist you in submitting a complete application to the Pennsylvania Housing Finance
Agency, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face
meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOllOW THE OTHER TIME PERIODS SET FORTH IN THIS lETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application,
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (BrinQ it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 36 E. MAIN STREET, PLAINFIELD. PA. 17081
IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE
PAYMENTS for the following months and the following amounts are now past due: JUNE 17TH__
$234.29. JULY 17TH__$234.29 & AUGUST 17TH_-$234.29
/
Other charges (explainlitemize): LATE CHARGES--$7.50
I'
TOTAL AMOUNT PAST DUE: $ 710.37
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this $ 710.37.
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check
or money order made payable and sent to:
ORRSTOWN BANK
ATTN: BETSY SMITH
P.O. BOX 250
77 EAST KING STREET
SHIPPENSBURG, PA 17257
IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its riahts to accelerate the mortaaae debt.
This means that the entire outstanding balance of this debt will be considered due immediately and
you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortaaae property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00, Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs, If you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
I
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage,
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riQht
to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale, You may
do so by payinQ the total amount then past due, plus any late or other charQes then due, reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
Sheriff's Sale as specified in writinQ by the lender and by performing any other reQuirements under
the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the
date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Phone Number:
Fax Number:
.contact Person:
Orrstown Bank
P.O. Box 250,77 East Kin~ Street
ShippensburQ, PA 17257
(717) 530-2661
(717) 532-4099
Betsy J. Smith
Name of lender:
Address:
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied:
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE: NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
. TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely,
~ f~J:1J
BETSY J. SMITH, COLLECTION DEPT.
I,
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CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O
CCCS of Western Pennsylvania, Inc,
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
North 6th Street
Harrisburg, PA 17101
(717) 234-5925
Fax (717) 234-9459
Community Action Comm. of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Fax (717) 234-2227
Bedford-Fulton Housing Services
RD #1, Box 384
Everett, PA 15537
(814) 623-9129
Fax (814) 623-7187
Financial Services Unlimited
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
.
.
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
Fax (717) 334-8326
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
Fax (717) 731-9589
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
Fax (717) 637-3294
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-06034 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
ULSH WAYNE L
, Sheriff or Deputy Sheriff of
RON KERR
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
ULSH WAYNE L
the
DEFENDANT
, at 0946:00 HOURS, on the 20th day of December, 2004
at 35 EAST MAIN STREET
PLAINFIELD, PA 17081
by handing to
WAYNE ULSH
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
4.44
.00
10.00
.00
32.44
So Answers:
.~{Zt:;:',~~,"~::''f:: '1~
R. Thomas Kline
12/21/2004
OBRIEN BARIC SCHERER
Sworn and Subscribed to before
By:
T~ I~
Deputy Sheriff
to
me this ~ L- day of
(}~ JiJU S A.D.
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rothonotary I
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-6034 CIVIL TERM
MORTGAGE FORECLOSURE
ORRSTOWN BANK,
Plaintiff
WAYNE L. ULSH,
Defendant
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having been settled and discontinued without
prejudice.
Respectfully submitted,
EN, BARIC SC~E"
'~/~
David A. Baric, Esquire
J.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Date:
16/61()::)'
f I
Attorney for Plaintiff
da b.dir/orrstown bank/ulsh/discontinne.pra
II
CERTIFICATE OF SERVICE
I hereby certifY that on October ~, 2005, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Wayne 1. Ulsh
P.O. Box 51
Plainfield, Pennsylvania 17081
David A. Baric, Esquire
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