Loading...
HomeMy WebLinkAbout13-5909 Supreme Co rCo' f P ennsylvania µ �� i Court f Common For Prothonotary Use Only: C il ,COVt'r'$ Docket No: CUM LANI� fl Count The information collected on this form is used solely for court administration purposes. This firm does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons Petition E ® Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: ACNB BANK VIRGINIA J. FICKES T I Are money damages requested? Yes El No Dollar Amount Requested: within arbitration limits (check one) [E outside arbitration limits 0 N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? Yes [E No A Name of Plaintiff /Appellant's Attorney: Sharon E. Myers, Attorney 0 Check here ifyou have no attorney (are a Self Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include L`j mass tort) 0 Employment Dispute: ® Slander /Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: l 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ® Other: 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: ® Medical 0 Other: 0 Other Professional: Updated 1/1/2011 a - {Jr FICA a I "fE pI(0 H0„0Irli r '5I2 ?CT 10 p "# 1: I I C'"X,8ERLAIr1D C0UN T `f I' NS YLVAINIA ACNB BANK, Successor to Farmers : IN THE COURT OF COMMON PLEAS National Bank of Newville, A Division of : OF CUMBERLAND COUNTY, Adams County National Bank, : PENNSYLVANIA Plaintiff V. C CV� . No. -S� 2M VIRGINIA J. FICKES, ESTATE OF WALTER M. FICKES, and WALTER M. FICKES TRUST Civil Term UNDER WILL, Defendants Mortgage Foreclosure NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY 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, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990.9108 S' 717- 249.3166 Os ONA iv ag UU 87 Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717- 848 -4900 717 - 843 -0939 (f) smyers @cgalaw.com ACNB BANK, Successor to Farmers : IN THE COURT OF COMMON PLEAS National Bank of Newville, A Division of : OF CUMBERLAND COUNTY, Adams County National Bank, : PENNSYLVANIA Plaintiff V . No. 2013 VIRGINIA J. FICKES, ESTATE OF WALTER M. FICKES, and WALTER M. FICKES TRUST Civil Term UNDER WILL, Defendants Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, TO WIT, this 91h day of October 2013, comes Plaintiff, ACNB Bank, Successor to Farmers National Bank of Newville, a Division of Adams County National Bank, by its attorneys, CGA Law Firm, and files the within Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, ACNB Bank, Successor to Farmers National Bank of Newville, a Division of Adams County National Bank, is a Pennsylvania financial institution organized and existing under the laws of the Commonwealth of Pennsylvania, having a mailing address of P. O. Box 3129, Gettysburg, Pennsylvania 17325. 2. The Defendant, Virginia J. Fickes ( "First Defendant "), is an adult individual, whose last known address is 445 Carlisle Road, Newville, Pennsylvania 17241. Walter M. Fickes died on March 7, 2008. The Estate of Walter M. Fickes ( "Second Defendant ") , has a mailing address in c/o Virginia J. Fickes, 445 Carlisle Road, Newville, Pennsylvania 17241. The Defendant, Walter M. Fickes Trust Under Will ( "Third Defendant "), has a mailing address in c/o Virginia J. Fickes, 445 Carlisle Road, Newville, Pennsylvania 17241. 3. Walter M. Fickes was the real owner of a tract or parcel of land with buildings and other improvements, if any, thereon located at 500 Carlisle Road, West Pennsboro Township, Newville, Cumberland County, Pennsylvania (the "Property "). Walter M. Fickes died on March 7, 2008. 2 4. An estate was raised in the Register of Wills' Office for Cumberland County on September 22, 2008 to #21 -08 -0867. The Letters Testamentary were granted to Virginia F. Fickes, who is the First Defendant. 5. On February 25, 2010, Virginia J. Fickes, First Defendant and as Executrix of the Last Will and Testament of Walter M. Fickes, by Deed dated January 4, 2010 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania to Instrument Number 201004877, granted and conveyed the property to the Walter M. Fickes Trust Under Will, Third Defendant. The Property is more specifically described hereafter. 6. On or about September 17, 2001, in consideration of a loan of $290,699.09, made by Plaintiff to Walter M. Fickes and Virginia J. Fickes, which funds were received by them as Borrowers, executed and delivered to Plaintiff, as Lender, a Note dated September 17, 2001, (the "Note "), in the principal amount of $290,699.09 (the "Principal "), and requiring the payment of interest on the Principal initially at a rate of 7.000% per annum (the "Interest ") until the next rate change date. The future rate is based on .500% above the index rate for the highest base rate on corporate loans at large U.S. money center commercial banks that the Wall Street Journal publishes as the prime rate. The rate on the Note may change as often as daily and a change in interest rate will take effect on the same day. A true and correct copy of the Note is attached 3 hereto as Exhibit "A" and incorporated herein. 7. The Note obligates Walter M. Fickes and Virginia J. Fickes to pay to Plaintiff this Note in 60 payments (the "Payments "), with the first payment being in the amount of $7,865.64 and due on December 17, 2001. The final payment of the entire unpaid balance of principal and interest will be due on September 17, 2016. On November 26, 2008, Plaintiff issued a letter to Walter M. Fickes and Virginia J. Fickes approving a change in payment amount to be reviewed and changed on an annual basis. A true and correct copy of the letter is attached hereto as Exhibit "B" and incorporated herein. 8. The payment to Plaintiff by Walter M. Fickes and Virginia J. Fickes, of, inter alia the Payments due under the Note is secured by an Open -End Mortgage on the Property dated September 17, 2001, (the "Mortgage "), executed, conveyed and delivered by Walter M. Fickes and Virginia J. Fickes as Mortgagors, to Plaintiff as Lender. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and incorporated herein. 9. The Mortgage was duly recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on September 28, 2001 in Record Book 1734, Page 1716. 10, The Defendants have failed or refused to pay the current quarterly payment of $3,394.12 4 each, due on June 17, 2013 and September 17, 2013, plus late fees of $203.64. This constitutes a default under the terms of the Mortgage. The Defendants also have failed or refused to pay 2012 real estate taxes due in the amount of $19,942.18, plus interest and costs until paid. This constitutes another default under the terms of the Mortgage. 11. The Property subject to the lien of the Mortgage is described as follows: A. LAND ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the State Road at lands of Walter M. Fickes, et ux; thence by Walter M. Fickes lands North Thirty and Three - fourths (30 3 /4) degrees West Fifty -three and Two Tenths (53.2) perches to a post at lands of Maynard Weary; thence by Weary tract North Seventy -Five and One -half (75%2) degrees East One Hundred Nine and Five Tenths (109.5) perches less Fifty (50) feet by land of land sold off this tract to Maynard Weary, et ux; thence by Weary tract (along tract sold to Weary off this tract), South Thirty and One -half (30'/2) degrees East Twenty -nine (29) perches to a point in the center of a State Road; thence along center of the State Road North Sixty -one and Three - fourths (61 degrees East Fifty (50) feet plus Nine (9) perches to a point in center of said Road, at corner of lands of Donald Lehman; thence by Lehman tract South Twenty -three (23) degrees East One Hundred Ten and Seven Tenths (110.7) perches to a post at lands of John Brougher; thence by Brougher tract South Fifty -one (5 1) degrees West Fifty -nine and Four Tenths (59.4) perches to a post at lands of Donald Fry; thence by Fry tract South Fifty -six and Three - fourths (56 3 /4) degrees West Ninety (90) perches to a post at corner of lands of John Fry; thence by Fry tract North Thirty -eight and Three- fourths (38 3 /4) degrees West Forty -nine and Seven Tenths (49.7) perches to a post at corner of land of Ruth Ankebrandt and of Walter M. Fickes, et ux; thence by Ankebrandt tract and other 5 lands of Walter M. Fickes, et ux, North Forty -five and Three - fourths (45 3 /4) degrees West Sixty -three and Five Tenths (63.5) perches to post; thence by Fickes land North Thirty -nine and Three - fourths (39 3 /4) degrees West Seventeen and Five Tenths (17.5) perches to a point in the center of said State Road; thence along center of said State Road North Sixty and One -half (60'/2) degrees East Seventy -five and Seven Tenths (75.7) perches to a point in the center of said State Road at the place of BEGINNING. CONTAINING 153 acres — 30 perches. B. IMPROVEMENTS All buildings and improvements erected upon the Property. C. FIXTURES All fixtures attached to the Property. D. PROPERTY RIGHTS All hereditaments, appurtenances, reversions and remainders, rents, issues and profits therefrom. 12. The terms of the Mortgage provide that upon the occurrence of a default by Walter M. Fickes and Viriginia J. Fickes, the Plaintiff may accelerate and demand immediate payment of all sums secured by the Mortgage. 13. The sums presently due and payable to Plaintiff by Defendants and secured by the Mortgage are computed as follows: 6 A. Unpaid Principal $44,336.67 B. Unpaid Interest through 10/1/13 $ 909.49 C. Late fees through 10/1/13 $ 203.64 D. Attorney's fees (estimated) $ 2,500.00 TOTAL $47,949.80 14. The Combined Notice as required by 35 P.S. §1680.403c does not apply to this loan. 15. While the Mortgage has not been assigned, it was assumed by ACNB Bank, Successor to Farmers National Bank of Newville, a Division of Adams County National Bank. WHEREFORE, Plaintiff demands judgment in the sum of $47,949.80, together with costs and interest accruing at the rate under the Note, ($4.55 per day), from the date hereof, and demands foreclosure and judicial sale of the interests of the Defendants, in the mortgaged Property. CGA Law Firm By: ` Shar yer , Esqui PA 32111 135 North George Street York, PA 17401 Telephone: (717) 848 -4900 Facsimile: (717) 843 -9039 smyers @cgalaw.com 7 VERIFICATION I hereby affirm that the following facts are correct. The attached Complaint in Mortgage Foreclosure is based upon information which has been furnished to counsel in the preparation of this document. The language of the Complaint in Mortgage Foreclosure is that of counsel and not mine. I have read the Complaint in Mortgage Foreclosure and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint in Mortgage Foreclosure is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Complaint in Mortgage Foreclosure are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ACNB BANK By: A' ,. Susan M. Say ! r P Assistant Vice dent Special Assets Dated: October 4 , 2013 WALTER M FICKES VIRGINIA J FICKES FARMERS NATIONAL BANK Loan Number 600121259 445 CARLISLE ROAD OF NEWVILLE - A DIVISION OF Date SEPTEMBER 17 2001 PQ BOX 5 ADAMS COUNTY NATIONAL BANK Maturity Date SEPT. 17 2016 NEWVILLE PA 17241 NEWVILLE PA 17241 Loan Amount 290.69 09 BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS Renewal Of "I" includes each borrower above, joint and severally. "You" means the lender, its successors and assigns. For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of TWO HUNDRED NINETY THOUSAND SIX HUNDRED NINETY - NINE AND o9 /loo Dollars $ 2 O 699 09 ®(Single Advance: I will receive all of this principal sum on 09/17/2001 . No additional advances are contemplated under this note. ❑ Multiple Advance: The principal sum shown above is the maximum amount of principal I can borrow under this note. On N/A I will receive the amount of S N/A and future principal advances are contemplated. Conditions: The conditions for future advances are ❑ Open End Credit: You and I agree that I may borrow up to the maximum amount of principal more than one time. This feature is subject to all other conditions and expires on N/A ❑ Closed End Credit: You and I agree that 1 may borrow up to the maximum only one time (and subject to all other conditions). INTEREST: I agree to pay interest on the outstanding principal balance from Q9/17/2001 at the rate of 7.000 % per year until NEXT RATE CHANGE DATE ®(Variable Rate: This rate may then change as stated below. HIGHEST BASE RATE ON CORPORATE LOANS AT ®[Index Rate: The future rate will be .500 % ABOVE the following index rate: LARGE U.S. MONEY C R COMMERCIAL BANKS THAT THE WALL STREET SOURNAL PUBLISHES AS THE PRIME RATE. ❑ No Index: The future rate will not be subject to any internal or external index. It will be entirely in your control. ®(Frequency and Timing: The rate on this note may change as often as DAILY A change in the interest rate will take effect ON THE SAME DAY ❑ Limitations; During the term of this loan, the applicable annual interest rate will not be more than N/A % or less than N/A %. The rate may not change more than % each Effect of Variable Rate: A change in the interest rate will have the following effect on the payments: ®(The amount of each scheduled payment will change. ❑ The amount of the final payment will change. ACCRUAL METHOD: Interest will be calculated on a SIMPLE INTEREST PER ANNUM basis. POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below: ®Con the same fixed or variable rate basis in effect before maturity (as indicated above). ❑ at a rate equal to RLATE CHARGE: If a payment is made more than 015 days after it is due, I agree to pay a late charge of 3,000 % OF THE PAYMENT AMOUNT OR S 20 .00 WHICHEVER IS GREATER ®C RETURNED CHECK CHARGE: I agree to pay a fee of $ 25.00 for each check, negotiable order of withdrawal or draft I issue in connection with this loan that is returned because it has been dishonored. - ❑ ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which ❑ are Dare not included in the principal amount above: PAYMENTS: I agree to pay this note as follows: ❑ Interest: I agree to pay accrued interest ❑ Principal: I agree to pay the principal ®(Installments: I agree to pay this note in 60 payments. The first payment will be in the amount of $ _ 7,B55.64 and will be due DECEMBER 17 , 2001 A payment of $ 7,865.64 will be due _ QUARTERLY thereafter. The final payment of the entire unpaid balance of principal and interest will be due SEPTEMBER 17 2016 WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to you, by signing below Borrower Irrevocably authorizes the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter and to confess judgment against me at any time without stay of execution. I waive notice service of process and process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued interest and accrued charges due on this note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgment. The exercise of the power to confess judgment will not exhaust this warrant of authority to confess judgment and may b as often as ou elect. I further understand that my property may be seized without prior notice to sa isfy the debt owed. I knowingly, int t all and vo ar ly wai any and all constitutional rights property to pre- deprivation notice and hearing er d and state I d fully at d the se en this waiver. r 9 ADDITIONAL TERMS: PURPOSE: The purpose of this loan is REFINANCE LOAN ACCOUNT NO 7457235 AND 74S6476 SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING 7 2 SECURITY: This note is separately secured by (describe separate THOSE ON PAGE 2). 1 have received a copy on today's date. document by type and date): MORTGAGE DATED SEPTEMBER 17, 2001 ✓ r C (This section is for your internal use. Failure to list a separate security document does not mean the / R M ICKES / agreement will not secure this note.) Signature for Lender � 4 � ' V IRCYNIA J FI S EXHIBIT SCOTT A MILLER VICE PRESIDENT F ORM 4 EXJS&r� O 1984, 1991 Bankers Systems, Inc., St. Cloud, MN Form UN -PA 6/27/2000 UNIVERSAL NOTE !page 1 of 21 ' - +ONS&As used on page 1, "0" mean Ae terms that apply to representative. It also as not apply to any Individual Retirement -.m§ loan. "1," "me" or "my" means each Borrower who signs this note Account or other tax - deferred retirement account. and each other person or legal entity (including guarantors, endorsers, You will not be liable for the dishonor of any check when the dishonor and sureties) who agrees to pay this note (together referred to as "us "). occurs because you set off this debt against any of my accounts. I agree "You" or "your" means the Lender and its successors and assigns. to hold you harmless from any such claims arising as a result of your APPLICABLE LAW: The law of the state of Pennsylvania will govern this exercise of your right of set -off. note. Any term of this note which is contrary to applicable law will not be REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real effective, unless the law permits you and me to agree to such a variation. estate or a residence that is personal property, the existence of a default If any provision of this agreement cannot be enforced according to its and your remedies for such a default will be determined by applicable terms, this fact will not affect the enforceability of the remainder of this law, by the terms of any separate instrument creating the security agreement. No modification of this agreement may be made without your interest and, to the extent not prohibited by law and not contrary to the express written consent. Time is of the essence in this agreement. Any terms of the separate security instrument, by the "Default" and provision that appoints you as an agent is not subject to the provisions of "Remedies" paragraphs herein. 20 Pa.C.S.A. Section 5601 at seq. (Chapter 56; Decedents, Estates and DEFAULT: I will be in default if any one or more of the following occur: Fiduciaries Code). By exercising any of your rights under this note, you do 01 1 fail to make a payment on time or in the amount due; (2) 1 fail to so for your sole benefit. keep the property insured, if required; (3) 1 fail to pay, or keep any PAYMENTS: Each payment I make on this note will first reduce the promise, on any debt or agreement I have with you; (4) any other creditor amount 1 owe you for charges which are neither interest nor principal. of mine attempts to collect any debt I owe him through court pro - The remainder of each payment will then reduce accrued unpaid interest, ceedings; (5) 1 die, am declared incompetent, make an assignment for the and then unpaid principal. If you and I agree to a different application of benefit of creditors, or become insolvent (either because my liabilities ex- payments, we will describe our agreement on this note. I may prepay a ceed my assets or I am unable to pay my debts as they become due); (6) part of, or the entire balance of this loan without penalty, unless we I make any written statement or provide any financial information that is specify to the contrary on this note. Any partial prepayment will not untrue or inaccurate at the time it was provided; (7) 1 do or fail to do excuse or reduce any later scheduled payment until this note is paid in full something which causes you to believe that you will have difficulty (unless, when I make the prepayment, you and I agree in writing to the collecting the amount I owe you; (8) any collateral securing this note is contrary), used in a manner or for a purpose which threatens confiscation by a legal INTEREST: Interest accrues on the principal remaining unpaid from time authority; (9) 1 change my name or assume an additional name without to time, until paid in full. If I receive the principal in more than one first notifying you before making such a change; (10) 1 fail to plant, culti- advance, each advance will start to earn interest only when I receive the vate and harvest crops in due season; (11) any loan proceeds are used advance. The interest rate in effect on this note at any given time will for a purpose that will contribute to excessive erosion of highly erodible apply to the entire principal advanced at that time. Notwithstanding land or to the conversion of wetlands to produce an agricultural commod- anything to the contrary, I do not agree to pay and you do not intend to ity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. charge any rate of interest that is higher than the maximum rate of REMEDIES: If I am in default on this note you have, but are not limited to, interest you could charge under applicable law for the extension of credit the following remedies: that is agreed to here (either before or after maturity). If any notice of (1) You may demand immediate payment of all I owe you under this interest accrual is sent and is in error, we mutually agree to correct it, note (principal, accrued unpaid interest and other accrued charges). and if you actually collect more interest than allowed by law and this (2) You may set off this debt against any right I have to the payment agreement, you agree to refund it to me. of money from you, subject to the terms of the "Set -Off" INDEX RATE: The index will serve only as a device for setting the rate on paragraph herein. this note. You do not guarantee by selecting this index, or the margin, (3) You may demand security, additional security, or additional parties that the rate on this note will be the same rate you charge on any other to be obligated to pay this note as a condition for not using any loans or class of loans to me or other borrowers. other remedy. ACCRUAL METHOD: The amount of interest that I will pay on this loan (4) You may refuse to make advances to me or allow purchases on will be calculated using the interest rate and accrual method stated on credit by me. page 1 of this note. For the purpose of interest calculation, the accrual (5) You may use any remedy you have under state or federal law. method will determine the number of days in a "year." If no accrual By selecting any one or more of these remedies you do not give up your method is stated, then you may use any reasonable accrual method for right to later use any other remedy. By waiving your right to declare an calculating interest. event to be a default, you do not waive your right to later consider the POST MATURITY RATE: For th deciding when the "Post event as a default if it continues or happens again. purposes COLLECTION COSTS AND ATTORNEY'S FEES: I agree to pay all costs of Maturity Rate" (shown on page 1) applies, the term 'maturity" means the collection, replevin or any other or similar type of cost if I am in default. earliest of the following: In addition, if you hire an attorney to collect this note, I also agree to pay (a) th of the last scheduled payment indicated on page 1 of this any fee you incur with such attorney plus court costs (except where (b) the date you accelerate payment on the note; or prohibited by law). To the extent permitted by the United States (c) after the entry of judgment on this note by confession or otherwise Bankruptcy Code, I also agree to pay the reasonable attorney's fees and costs you incur to collect this debt as awarded by any court exercising and applies to amounts owed under this note on any such judgment until paid in full. jurisdiction under the Bankruptcy Code. SINGLE ADVANCE LOANS: If this is a single advance loan, you and I WAIVER: 1 give up ng rights Ito the extent permitted by law) to require expect that you will make only one advance of principal. However, you you to do certain things. 1 will not require you may add other amounts to the principal if you make any payments (1) demand payment f amounts due (presentment); described in the "PAYMENTS BY LENDER" paragraph below. (2) obtain official certi fication of nonpayment (protest); or (3) give notice that amounts due have not been paid (notice of MULTIPLE ADVANCE LOANS: If this is a multiple advance loan, you and I dishonor). expect that you will make more than one advance of principal. If this is I waive any defenses I have based on suretyship or impairment of closed end credit, repaying a part of the principal will not entitle me to collateral. additional credit. OBLIGATIONS INDEPENDENT: I understand that I must pay this note ADVANCE PROCEDURE AND MEANS: You will advance the loan even if someone else has also agreed to pay it (by, for example, signing proceeds by way of check, cash, wire transfer, credit to an account or this form or a separate guarantee or endorsement). You may sue me any combination as You and I agree. The advance(s) will occur upon alone, or anyone else who is obligated on this note, or any number of us consummation of the loan and as You and I agree, except that no together, to collect this note. You may do so without any notice that it advance(s) will occur until after three business days from the date of has not been paid (notice of dishonor). You may without notice release consummation if the loan is rescindable pursuant to Regulation Z (12 any party to this agreement without releasing any other party. If you give C.F.R. § 226). up any of your rights, with or without notice, it will not affect my duty to PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, pay this note. Any extension of new credit to any of us, or renewal of charges I am obligated to pay (such as property insurance premiums), this note by all or less than all of us will not release me from my duty to then you may treat those payments made by you as advances and add pay it. (Of course, you are entitled to only one payment in full.) I agree them to the unpaid principal under this note, or you may demand that you may at your option extend this note or the debt represented by immediate payment of the charges. this note, or any portion of the note or debt, from time to time without SET-OFF: I agree that you may set off any amount due and payable under limit or notice and for any term without affecting my liability for payment this note against any right I have to receive money from you. of the note. I will not assign my obligation under this agreement without "Right to receive money from you" means: your prior written approval. (1) any deposit account balance I have with you; CREDIT INFORMATION: I agree and authorize mon owed to me on an item 9 You to obtain credit (2) any y presented to you or in your information about me from time to time (for example, by requesting a possession for collection or exchange; and credit report) and to report to others your credit experience with me (such (3) any repurchase agreement or other nondeposit obligation. as a credit reporting agency). I agree to provide you, upon request, any "Any amount due and payable under this note" means the total financial statement or information you may deem necessary. I warrant amount of which you are entitled to demand payment under the terms of that the financial statements and information I provide to you are or will this note at the time you set off. This total includes any balance the due be accurate, correct and complete. date for which you properly accelerate under this note. NOTICE: Unless otherwise required by law, any notice to me shall be If my right to receive money from you is also owned by someone who given by delivering it or by mailing it by first class mail addressed to me has not agreed to pay this note, your right of set -off will apply to my at my last known address. My current address is on page 1. I agree to interest in the obligation and to any other amounts I could withdraw on inform you in writing of any change in my address. I will give any notice my sole request or endorsement. Your right of set -off does not apply to to you by mailing it first class to your address stated on page 1 of this an account or other obligation where my rights are only as a agreement, or to any other address that you have designated. DATE OF PRINCIPAL BORROWER'S PRINCIPAL PRINCIPAL INTEREST INTEREST INTEREST TRANSACTION ADVANCE INITIALS PAYMENTS BALANCE RATE PAYMENTS PAID (not required) THROUGH: % $ / $ S S % $ S S $ % $ $ S S % $ % $ 1 1 PS 0 1964, 1991 Bankers Systems, Inc., St. Cloud, MN Form UN -PA 6/27/2000 ADAMS COUNTY NATIONAL BANK FARMERS NATIONAL BANK OF NEWVILLE A D1vlsroN or ADAAis couNTYNArioNAL HANK NOVEMBER 26, 2008 WALTER M FICKES PROPERTY ADDRESS: AND VIRGINIA J FICKES 500 CARLISLE ROAD 445 CARLISLE RD NEWVILLE NEWVILLE PA 17241 PA 17241.0000 RE: 000600121259 The terms of your loan agreement include a variable rate feature which is indexed to a prime rate. Your loan was recently analyzed for a scheduled payment review. Based on the review, your new payment amount will be $3,512.60. This change will be applied to your loan as of 12/17/08. The principal balance of your loan on the payment change date will be $93,956.56. In the future, the payment amount of your loan account referenced above will be reviewed on an annual basis. At that time, you will be notifed of any pending payment changes. If you have any questions regarding this matter, please contact Loan Services at 717.334.3161 or toll free 1.888.334.ACNB (2262). Thank you for allowing Adams County National Bank the opportunity to fulfill your need for a loan. Our commitment is you. EXHIBIT LNO39S S .l E,) ,0 -P '01 SEE 28 Aft 9 56 Commonwealth of Pennsylvania Space Above This Line'For Recording Data OPEN -END MORTGAGE This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is , SEPTEMBER 17 2001 and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: WALTER M FICKES VIRGINIA J FICKES 445 CARLISLE ROAD PO BOX 5 NEWVILLE PA 17241 ❑ If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: FARMERS NATIONAL BANK OF NEWVILLE - A DIVISION OF ADAMS COUNTY NATIONAL BANK NEWVILLE PA 17241 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: SEE ATTACHED LEGAL DESCRIPTION The property is located in ....... CUMBERLAND at ............................ ..... ............................... (County) 500 CARLISLE ROAD NEWVILLE Penns lvania 17241 ...................... ............................... ..... ............................... ................... (Address) y (City) (ZIP . Code . ) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, all water and riparian rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property "). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ .... 290 699 09 .,, . This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. PENNSYLVANIA • AGRICULTURALICOMMERCIAL MORTGAGE INOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) (page f F�e� © 1994 Bankers Systems, Inc., St. Cloud, MN Form AG /CO- MTG -PA 711912000 FORM 78 EXHIBIT BK 1 .J `�� 17 16 G 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (Whets referencing the debts below it is suggested that you include items such as borrowers' names, Mote amounts, interest rates, maturity dates, etc.) BORROWER: WALTER M FICKES AND VIRGINIA J FICKES LOAN AMOUNT: $ 290,699.09 INTEREST RATE: 7.000 0 MATURITY DATE: 09/17/2016 B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. /p ©7994 Bankers Syctema, Inc., St. Cloud, MN form AG(CO- MTG -PA 7/1912000 FORM 278 c W�,o, B�i1/ 1 1 GVii/ 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if: A. A beneficial interest in Mortgagor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity. C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Mortgagor makes to Lender the following warranties and representations which shall continue as long as the Secured Debt remains outstanding: A. Mortgagor is duly organized and validly existing in Mortgagor's state of incorporation or organization. Mortgagor is in good standing in all states in which Mortgagor transacts business. Mortgagor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Mortgagor operates. B. The execution, delivery and performance of this Security Instrument by Mortgagor and the obligations evidenced by the Secured Debt are within the power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than previously disclosed in writing to Lender, Mortgagor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor shall not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. �a9e of,401 �/ �b ©1994 Bankers Systems, Inc., St. Cloud, MN Form AG /CO- MTG -PA 7/1 9120 00 FORM 378 i 1 13. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor grants, bargains, and conveys to Lender as additional security all the right, title and interest in and to any and all: A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases "). B. Rents, issues and profits (all referred to as "Rents "), including but not limited to security deposits, minimum rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property. In the event any item listed as Leases or Rents is determined to be personal property, this Security Instrument will also be regarded as a security agreement. Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Except for one lease period's rent, Mortgagor will not collect in advance any future Rents without Lender's prior written consent. Upon default, Mortgagor will receive Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. Amounts collected shall be applied at Lender's discretion to payments on the Secured Debt as therein provided, to costs of managing, protecting and preserving the Property and to any other necessary related expenses including Lender's attorneys' fees and court costs. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording. However, Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagors tenants pay all Rents due or to become due directly to Lender. On receiving the notice of default, Mortgagor will endorse and deliver to Lender any payments of Rents. Mortgagor warrants that no default exists under the Leases or any applicable landlord law. Mortgagor also agrees to maintain, and to require the tenants to comply with, the Leases and any applicable law. Mortgagor will promptly notify Lender of any noncompliance. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will obtain Lender's written authorization before Mortgagor consents to sublet, modify, cancel, or otherwise alter the Leases, to accept the surrender of the Property covered by such Leases (unless the Leases so require), or to assign, compromise or encumber the Leases or any future Rents. If Lender acts to manage, protect and preserve the Property, Lender does not assume or become liable for its maintenance, depreciation, or other losses or damages, except those due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will hold Lender harmless and indemnify Lender for any and all liability, loss or damage that Lender may incur as a consequence of the assignment under this section. 15. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property �(Pa of F elZ. ©7994 Bankers Systems, Inc., St. Cloud, MN Form AG /CO•MTG -PA 7/19/2000 � BIK 17 ►G17► 9 includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by -laws, or regulations of the condominium or planned unit development. 16. DEFAULT. Mortgagor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fails to make payment when due; B. A breach of any term or covenant in this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in. any material respect by Mortgagor or any person or entity obligated on the Secured Debt; D. The death, dissolution, or insolvency of, appointment of a receiver for, or application of any debtor relief law to, Mortgagor or any other person or entity obligated on the Secured Debt; E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Mortgagor's business including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 18. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance � (page 5 a 101 L�c/../t✓/ � t?, © 1994 Bankers Systems, Inc., St. Cloud, MN Form AG /CO- MTG -PA 7/1912000 FORM 578 Bl� E 7 J e c ?0 1 , means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B'. Except as previously disclosed and acknowledged in Writing Lender, Mortgagor has not' and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security Instrument. a� f 101 ,E Pe/ © 19 M 94 Bankers Systems, Inc., St. Cloud, N Form AG /CO- MTG -PA 7/19I2000 E�� 1 7 3 Lil p� 72 1 L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 20. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 21. INSURANCE. Mortgagor agrees to maintain insurance as follows: A. Mortgagor shall keep the Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 22. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 24. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's (Pa9 / e { 7 of 10) ©1994 Bankers Systems, Inc., St. Cloud, MN Form AGlCO- MTG -PA 7/1912000 FORM 778 �/� // interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti - deficiency or one - action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by' the laws of the jurisdiction where the Property is located. Any provision that appoints Lender as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). Lender, by exercising any of its rights under this Security Instrument, does so for benefit of Lender. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 26. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of ttis Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 27. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. 28. WAIVER OF JURY TRIAL. To the extent not prohibited by law, Mortgagor and Lender knowingly and intentionally waive the right, which the party may have, to a trial by jury with respect to any litigation arising from the Secured Debt, or any other agreement executed in conjunction with the Evidence of Debt and this Mortgage. Mortgagor and Lender each acknowledge that this section has either been brought to the attention of each party's legal counsel or that each party had the opportunity to do so. 29. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security Instrument: ❑ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ❑ Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. ❑ Crops; Timber; Minerals; Rents, Issues, and Profits. Mortgagor grants to Lender a security interest in all crops, timber, and minerals located on the Property as well as all rents, issues, and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental programs (all of which shall also be included in the term "Property"). ❑ Personal Property. Mortgagor grants to Lender a security interest in all personal property located on or connected with the Property, including all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property R (page f 10) c..ic/..l Bankers Systems, Inc., St. Claud, MN Form AG /CO- MTG•PA 7119/2000 FORM 676 Ci �y © / BIBI73 1GI723 Mortgagor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property (all of which shall also be included in the term "Property"). The term "personal property" specifically excludes that property described as "household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. ❑ Filing As Financing Statement. Mortgagor agrees and acknowledges that this Security Instrument also suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. 30. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although :the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until. released. ❑ Agricultural Property. Mortgagor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Mortgagor is an individual or - entity allowed to own agricultural land as specified by law. ❑ Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ❑ Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. Entity Name: ............................................... Entit me' A ..... 0n� M 9 /oi - o /17/aool >�u. (Signature) WALTER ICKES (Date) Sigtt€�ture) VIR d J FICKE (Date) C at:. ...................... (Witness) (Witness) .............................. ............................... ............................... ............................... (Signature) (Date) (Signature) (Date) (Witness) .............................. ............................... ............,.... ............................... .............. ( rtness) 1994 Bankers Systems, Inc., St. Cloud, MN Form AG /CO- MTG -PA 7119/2000 (page 9 of 1 o) B� 7 3 � FORM 91 , L Pj;72► ACKNOWLEDGMENT: COMMONWEALTH OF.. PENNSYLVANIA COUNTY OF ...ADAMS } ss. (Individual) On this, the .....19th..... day of ....SePtember;,.2001, before me. ­ anotary,,,,,,,,,,,,,,,,,,,� the undersigned officer, personally appeared -YaLU ) 3 .. M. FJ: C. LAS..AND..V.TBGINSA..,7.FIC,KES .............................. • • • ...... ........................., known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he /she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. 1VIy commission expires: r I (Seal) c Notarial Seal Linda L. Kump, Notary Public Cumberland Ti M „Adams County ty Y Expires Nov 22, 2004 Member, Pennsylvania Association of Notaries Title of Officer Q . COMMONWEALTH OF ............................... COUNTY OF ............................... ss. } (Business On this, the ................. day of .............................. before me . ............................... or Entity ned officer, personally appeared - Acknowledgment) wi�dgntAcknowledgment) the undersigned + P Y PP ................... .. ..... ............................... who acknowledged himself /herself to be the ............................... of ..................................................... ............................... ......................... and that he /she as such ................................. ............................... being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the .... ............................... by ............ ............................... as ...................................................................................... ............................... . In witness whereof, I hereunto set my hand and official seal. My commission expires: (Seal) ............................ ............................... ............................ ............................... Title of Officer It is hereby certified that the address of the Lender within named is: ............ l WEST „BIG BRINGS AVENUE NEWVILLE PA 17241 ............. ............................... ............................... . _ I.... l .................... E Pal © 1994 Bankers Systems, Inc., St. Cloud, MN Form AG /CO- MTG -PA 7119/2000 (page 10 01 10) LEGAL DESCRIPTION ALL that certain tract of land situate in the Township of West Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the State Road at lands of Walter M. Fickes, et ux.; thence by Walter M. Fickes lands North Thirty and three- fourths (30 3/4) degrees West Fifty -three and two tenths (53.2) perches to a post at lands now or formerly of Maynard Weary; thence by Weary tract North Seventy -five and one -half (75 %2) degrees East One Hundred Nine and five tenths (109.5) perches less Fifty (50) feet by land of land sold off this tract to Maynard Weary, et ux; thence by Weary tract (along tract sold to Weary off this tract), South Thirty and one-half (30'.2) degrees East Twenty -nine (29) perches to a point in the center of a State Road; thence along center of the State Road North Sixty -one and three- fourths (613/4) degrees East Fifty (50) feet plus Nine (9) perches to a point in center of said Road at corner of lands now or formerly of Donald Lehman; thence by Lehman tract South Twenty -three (23) degrees East One Hundred Ten and seven tenths (110.7) perches to a post at lands now or formerly of John Brougher, thence by Brougher tract South Fifty - one (5 1) degrees West Fifty -nine and four tenths (59.4) perches to a post at lands now or formerly of Donald Fry, thence by Fry tract South Fifty -six and Three- fourths (56 3/4) degrees West Ninety (90) perches to a post at corner of lands now or formerly of John Fry; thence by Fry tract North Thirty -eight and three - fourths (38 3/4) degrees West Forty -nine and seven tenths (49.7) perches to a post at corner of land now or formerly of Ruth Ankebrandt and of Walter M. Fickes, et ux; thence by Ankebrandt tract and other lands of Walter M. Fickes, et ux, North Forty -five and three- fourths (45 3/4) degrees West Sixty -three and five tenths (63.5) perches to a post; thence by Fickes land North Thirty -nine and three- fourths (39 3/4) degrees West Seventeen and five tenths (17.5) perches to a point in the center of said State Road; thence along center of said State Road North Sixty and one -half (60 %2) degrees East Seventy -five and seven - tenths (75.7) perches to a point in the center of said State Road at the place of BEGINNING. CONTAINING 153 acres - 30 perches. BEING THE SAME REAL ESTATE WHICH WALTER W. FICKES and MARTHA E. FICKES, his wife, by deed dated July 22, 1966 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume B -22, Page 15, granted and conveyed to WALTER M. FICKES. I Certify this to be recorded In Cumberland County PA BIN 17 J.f 726 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ��, ni Cum e i Jody S Smith to Chief Deputy 13 OCT 17 AN Richard W Stewart ` lI ER ` N J c J Solicitor Q,FF 3,-;F.THE EHER,E- PENNSYLVANIA ACNB Bank, successor to Farmers National Bank of Newville,A Division Case Number vs. 2013-5909 Virginia J Fickes Estate of Walter M. Fickes (et al.) SHERIFF'S RETURN OF SERVICE 10/14/2013 08:25 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personal) " ha ' true copy to a person representing themselves to be the Defendant, to wit ■ te JASGN K ' L' R, DEPUTY 10/14/2013 08:25 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Virginia J Fickes, wife,who acce ted as"Adult Person in Charg JASS KI r" R, DEPUTY 10/14/2013 08:25 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the D da JAS•N KIN' " DEPUTY SHERIFF COST: $73.56 SO ANSWERS, October 16, 2013 RONNY R ANDERSON, SHERIFF c!Ccu }-Gore Shsrifr To.oscf• nc. wil84-r) PIT 25 VAIN ACNB BANK, Successor to Farmers : IN THE COURT OF COMMON PLEAS National Bank of Newville, A Division of : OF CUMBERLAND COUNTY, Adams County National Bank, : PENNSYLVANIA Plaintiff : CIVIL ACTION—LAW v. : No. 2013—5909 CIVIL VIRGINIA J. FICKES, ESTATE OF : Mortgage Foreclosure WALTER M. FICKES, and WALTER M. FICKES TRUST • UNDER WILL, Defendants • PRAECIPE TO SATISFY To the Prothonotary: (X) Please mark the above-captioned action settled and satisfied. (y) Please mark the above-captioned judgment or lien settled and satisfied. CGA Law Firm By: • /IIA Shan . M ''� re PA 32111 135 North George Street York, PA 17401 Telephone: 717-848-4900 Attorneys for Plaintiff Date: January 8, 2014