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HomeMy WebLinkAbout14-0365 Supreme Cou^t',Pennsylvania Court= K,c m m o `tt Pleas For Prothonotary Use Only: Civil Cver Sheet Docket No: Cuae�rland -= County AW The information collected on this form is used solely for court admini,sirution put7)oses. This form does not supplement or replace the filing and servic of pleadings or other papers as required by law or rules of court. Commencement of Action: S Ej Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T Mid Penn Bank Dwight F. Macomber, Co- Administrator I Are money damages requested? El Yes ❑ No Dollar Amount Requested: ❑within arbitration limits (check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? C] Yes ❑ No A Name of Plaintiff /Appellant's Attorney: Jeni S. Madden, Esquire © Check here if you have no attorney (are a Self- Represented jPro 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 ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ❑ Debt Collection: Credit Card © Board of Assessment ® Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections rj Nuisance ❑ Dept. of Transportation Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: I ❑ Other: O MASS TORT Asbestos N © Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: ❑ Ejectment ❑ Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute [] Non- Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ® Quo Warranto ❑ Dental ❑ Partition ❑ Replevin Legal ❑ Quiet Title © Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. �� - d�J ���U11�PXY��..., DWIGHT F. MACOMBER and GAY M. r LEWIS, Co-Administrators of the Estate of Victor D. Macomber, Deceased Civil - 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 attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dfas despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aquf en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la 4103.75"' PA A 30 0 Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 2 Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 -9670 (717) 540 -9170 sschiffman&ssbc -law. com j madden(c ,ssbe -law. com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff V. No. DWIGHT F. MACOMBER and GAY M. LEWIS, Co- Administrators of the Estate of Victor D. Macomber, Deceased : Civil — Mortgage Foreclosure Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff Mid Penn Bank ("Plaintiff") is a Pennsylvania banking institution with a business address at 349 Union Street, Millersburg, Pennsylvania 17061. 2. Defendant Dwight F. Macomber, co- administrator of the Estate of Victor D. Macomber, Deceased ( "Defendant Dwight "), is an adult individual with a mailing address 466 East King Road, Malvern, Pennsylvania 19355. 3. Defendant Gay M. Lewis, co- administrator of the Estate of Victor D. Macomber, Deceased ( "Defendant Gay "), is an adult individual with a mailing address of 1311 Lone Pine Court, Steelton, Pennsylvania 17113. Defendant Dwight and Defendant Gay are hereinafter referred to collectively as the "Defendants." 3 Count I - Mortgage Foreclosure 4. Plaintiff incorporates herein by reference paragraphs 1 through 3 of this Complaint as if fully set forth herein. 5. On or about June 13, 2003, Plaintiff extended a loan, identified as loan number 500020474, to Victor D. Macomber ( "Macomber "), in the original amount of $608,000.00 (the "Loan "). 6. To evidence his indebtedness under the Loan, Macomber contemporaneously made, executed and delivered to Plaintiff a Note dated June 13, 2003 (the "Note "). A true and correct copy of the Note is attached hereto as Exhibit "A." 7. The Note was modified by Change in Terms Agreements dated July 15, 2003 and May 11, 2009, true and correct copies of which are attached hereto collectively as Exhibit "B." 8. The Note is secured by a Mortgage dated June 13, 2003 ( "the Mortgage "), by which Macomber granted Plaintiff a first priority mortgage lien on a parcel of real property known as 704 Lisburn Road, Camp Hill, Pennsylvania 17011 ( "the Mortgaged Premises "), more particularly described in the exhibit attached to the Mortgage, a true and correct copy of which is attached hereto as Exhibit "C." 9. The Mortgage was recorded on June 18, 2003 in the Office of the Cumberland County Recorder of Deeds in Book 1817, Page 3280. 10. The Mortgage was modified by a Modification of Mortgage dated May 11, 2009, which was recorded on May 14, 2009 in the Office of the Cumberland County Recorder of Deeds as Instrument Number 200915930. A true and correct copy of the Modification of Mortgage is attached hereto as Exhibit "C." 11. Macomber is the record owner of the Mortgaged Premises. 4 12. On or about August 22, 2010, Macomber died. 13. Defendants Dwight and Victor are the co- administrators of the Estate of Victor D. Macomber, which was filed with the Register of Wills of Cumberland County, Pennsylvania at Estate No. 21 -10 -884. 14. The Note is presently in default for failure to make payments when due. 15. Pursuant to the Note, upon a default, Plaintiff is entitled to accelerate all of the obligations under the Note, making all outstanding amounts immediately due and payable. 16. Defendants have been notified of the default and the acceleration of the debt. .See letters dated December 19, 2013 attached hereto as Exhibit "D." 17. Plaintiff is not required to provide Defendants with notice of its intent to foreclose pursuant to Act 6, 41 P.S. § 403 or Act 91, 35 P. S. § 1680. 18. Plaintiff is therefore entitled to recover the following amounts: Principal Balance: $449,102.61 Interest through 12/19/2013 $ 2,843.88 Late Fees through 12/19/2013 $ 376.20 _ Costs through 12/19/13 $ 60.00 A Fees: $ 5,000.00 TOTAL $457,382.69 plus all amounts advanced by Plaintiff in collection of the debt pursuant to the terms of the Note and loan documents, monthly late charges, reasonable attorneys' fees, and interest from December 19, 2013. WHEREFORE, Plaintiff demands that judgment in mortgage foreclosure on the mortgaged premises known as 704 Lisburn Road, Camp Hill, Pennsylvania 17011 be entered in its favor and 5 against Defendants in the amount of $457,382.69, plus any additional interest, late fees, attorneys' fees, and costs authorized by the Note from December 19, 2013. Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWNP.C. Date: January 16, 2014 Steven J. hiffman, Esquire Jeni S. dden, Esquire Pa. ID Vs. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 -9670 (717)540 -9170 6 VERIFICATION I, Amy Custer, do hereby state, under penalty of 18 P.S. § 4904 relating to unworn falsification to authorities, that I am an authorized representative of Plaintiff Mid Penn Bank, am authorized to give this verification on its behalf, and that the averments set forth in the foregoing complaint are true and correct to the best of my knowledge, information, and belief. Mid Penn Bank By: I xfl -ATff K s t4 VP, A ecovery Manager 7 MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 1Vt DWIGHT F. MACOMBER and GAY M. LEWIS, Co- Administrators of the Estate of Victor D. Macomber, Deceased : Civil — Mortgage Foreclosure Defendant AFFIDAVIT OF NON - MILITARY SERVICE I, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Gay M. Lewis is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Mid Penn Bank Date: By: y ster Sworn to and subscribed COMMONWEALTH OF PENNSYLVANIA before me this 13 day Notarial Seal Courtney L. Eisenhauer, Notary Public Of ZI N L I Lower Paxton Twp., Dauphin County My Commission Expires March 17, 2014 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Notary Pu is MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 11[ V i- i Ter m DWIGHT F. MACOMBER and GAY M. LEWIS, Co- Administrators of the Estate of Victor D. Macomber, Deceased : Civil — Mortgage Foreclosure Defendant AFFIDAVIT OF NON - MILITARY SERVICE I, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Dwight F. Macomber is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Mid Penn Bank Date: / , J7 -) f By: y C er COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sworn to and subscribed Courtney L. Eisenhauer, Notary Public Lower Paxton Twp., Dauphin County before me this day My commission Expires March 17, 2014 Of 2 O 1 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Otary Pu C i { f I 1 I I � " i P i P - j i V i � G k i i , i i s r Exhibit A i - PROMISSORY NOTE PftlGl al _ ....................t .........:::: ; .;. roan Date ll attartfy. ........0 an Na Card, ;: `':::..::.._..._Ascot nt Q c r fi >tlaTs ::..:.:::: :.. - .........::..:...:::::.:.:::..:: .......:....:::::...::.. ......... .. 6.08.1J11£1:0(1; .... ::::.:. ... .. ............................... References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing has been omitted due to text length limitations. Borrower: Victor D. Macomber Lender: Mid Penn Bank 3452 Lisburn Road Derry Street Office Mechanicsburg, PA 17055 4098 Derry Street Harrisburg, PA 17111 (717) 558 -2144 Principal Amount: $608,000.00 Interest Rate: 6.500% Date of Note: June 13, 2003 PROMISE TO PAY. Victor D. Macomber ( "Borrower ") promises to pay to Mid Penn Bank ( "Lender "), or order, in lawful money of the United States of America, the principal amount of Six Hundred Eight Thousand & 00/100 Dollars ($608,000.00), together with Interest at the rate of 6.500% per annum on the unpaid principal balance from June 13, 2003, until paid In full. PAYMENT. Borrower will pay this loan in accordance with the following payment schedule: The loan shall be payable over a term of twenty (20) years. Commencing July 13, 2003, the loan shall be payable In sixty (60) consecutive monthly installments, Including principal and Interest, In the amount of $4,567.58, based upon an amortization of twenty (20) years, with Interest calculated at a rate of six and one-half (6.50%) percent per annum, with all subsequent payments due on the same day of each month after that. Five years from the note date the interest rate shall change to a variable rate of one (1.00 %) percent above the Wall Street Journal Prime Rate ( "Index "). The monthly Installments shall be reviewed annually and reset based upon the then outstanding principal balance, the remaining amortization period, and the Interest rate, In an amount sufficient to maintain the original amortization schedule. Provided, however, all outstanding principal, all accrued and unpaid Interest, and any other charges as may have been Incurred will be due and payable in full on or before June 13, 2023. Unless otherwise agreed or required by applicable taw, payments will be applied first to accrued unpaid Interest, then to prncipat, and any remaining amount to any unpaid collection costs and late charges. The annual Interest rate for this Note is computed on a 365/360 basis; that Is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender Is entitled to the following prepayment penalty: A penalty of five percent (5.00 %) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the first loan year; a penalty of four percent (4.00 %) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the second loan year; a penalty of three percent (3.00 %) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the third loan year; a penalty of two percent (2.00 %) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the fourth loan year; a penalty of one percent (1.00%) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the fifth loan year. The prepayment penalty shall be in effect for the original fire (5) year Interest rate period, and shall renew upon adjustment of the interest rate for any ensuing five (5) year Interval, unless modified In writing. Notwithstanding anything to the contrary, Borrower may prepay this loan, without penalty, from internally generated funds. Except for the foregoing, Borrower may pay ail or a portion of the amount owed earlier than It Is due. Early payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrowers making fewer payments. Borrower agrees not to send Lender payments marked 'paid in fuir. 'without recourse*, or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lenders rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that Indicates that the payment constitutes "payment In full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at Its option, may, if permitted under applicable law, Increase the Interest rate on this Note 5.000 percentage points. The Interest rate will not exceed the maximum rate permitted by applicable law. If Judgment is entered in connection with this Note, Interest will continue to accrue on this Note after judgment at the existing Interest rate provided for in this Note. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrowers behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or insolvency. The death of Borrower or the dissolution or termination of Borrowers existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial prong, self -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrowers accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 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 evidenced by this Note. PROMISSORY NOTE Loan No: 500020474 (Continued) Page 2 Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. 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 Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help copect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RiGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and an 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. Borrower acknowledges this Note is secured by the following collateral described In the security instruments listed herein, all the terms and conditions of which are hereby incorporated and made a part of this Note: (A) a Mortgage dated June 13, 2003, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of Ail Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. INCORPORATION OF COMMITMENT LETTER. The terms and conditions of a Commitment Letter dated May 27, 2003, between Lender and Borrower, together with any modifications and amendments, are hereby incorporated into this Agreement as if the Commitment Letter were restated herein in its entirety. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us it we report any Inaccurate Information about your account(s) to a consumer reporting agency. Your written notice describing the specific Inaccuracy(es) should be sent to us at the following address: Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Borrower and any other parson 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; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modificatlon is made. The obligations under this Note are joint and several. if any portion of this Note Is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WiTH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THiS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THiS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X : =: Seat) ctor D. Macomber, Individually • • .� CWNGE IN TERMS AGREEMFINT Princf : Loat�i:U.ate . Maturi >:::::;:;:;:.oan.No :.:......girl Coll..:> Aecotsz>Et ats>:: :..::.:..::::::.::::. p..... ... : . : ....................14 :.:::..:.. ... -. fflcer ....)rill) .:.- :...... ..................:....... .......:..::::.. ...........................,. .........• : ::.....:.,.......... >::::::::::: ............. :: ;;::; ::::;:. ..; : 60573775 07 75 =2003 06= .: t -2fY2$ X20474 .:........ References in the shaded area are for lender's use only and do not Emit the applicability of this document to any particular loan or Item. Any item above contain) "••'" has been omitted due to text length limitations. Borrower Victor D. Macomber Lender: Mid Penn Bank 3452 Lisburn Road Derry Street Office Mechanicsburg, PA 17055 409a Derry Street Harrisburg, PA 17111 (717) 558 -2144 Principal Amount: $605,737.75 Interest Rate: 6.500% Gate of Agreement: July 15, 2003 DESCRIPTION OF EXISTING INDEBTEDNESS. Note #500020474 In the amount of $608,000.00, dated June 13, 2003, together with any subsequent renewals and modifications. DESCRIPTION OF COLLATERAL The loan is secured by a Mortgage and Assignment of Rents dated June 13, 2003. DESCRIPTION OF CHANGE IN TERMS. The payment due date shall change to the 15th of the month beginning August 15, 2003. The maturity date shall be extended to June 15, 2023. PROMISE TO PAY. Victor D. Macomber ( "Borrower ") promises to pay to Mid Penn Bank ( "Lender "), or order, In lawful money of the United States of America, the principal amount of Six Hundred Five Thousand Seven Hundred Thirty -seven & 751100 Dollars ($605,737.75), together with Interest at the rate of 6.500% per annum on the unpaid principal balance from July 15, 2003, until paid In full. PAYMENT. Borrower will pay this loan In accordance with the following payment schedule: The loan shall be payable over the remaining term of two hundred thirty -nine (239) months. Commencing August 15, 2003, the loan shall be payable In fifty -nine (59) consecutive monthly Installments, Including principal and Interest, In the amount of $4,567.59, based upon the remaining term of two hundred thirty -nine (239) months, with Interest calculated at a rate of six and one -half (6.50 %) percent per annum. On June 15, 2008, every five (6) years thereafter, the Interest rate shall change to a variable rate of one (1.00 %) percent above the Wall Street Journal Prime Rate ( "Index "). The monthly Installments shall be reviewed annually and reset based upon the then outstanding principal balance, the remaining amortization period, and the Interest rate, In an amount sufficient to maintain the original amortization schedule. Provided, however, all outstanding principal, all accrued and unpaid Interest, and any other charges as may have been Incurred will be due and payable In full on or before June 15, 2023. Interest on this Agreement Is computed on a 3651360 simple Interest basis; that Is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. PREPAYMENT PENALTY. Upon prepayment of this Agreement, Lender Is entitled to the following prepayment penalty: A penalty of five percent (5.00%) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the first Agreement year; a penalty of four percent (4.00 %) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the second Agreement year, a penalty of three percent (3.00%) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the third Agreement year; a penalty of two percent (2.00 %) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the fourth Agreement year, a penalty of two percent (2.00 %) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the fifth Agreement year. The prepayment penalty shall be to effect for the five (5) year interest rate period, and shall renew upon adjustment of the Interest rate for any ensuing five (5) year Interval, unless modified in writing. Notwithstanding anything to the contrary, Borrower may prepay this loan, without penalty, from internally generated funds. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it Is due. Early payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result In Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid In full ", "without recourse ", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment Instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the interest rate on this Agreement Sd100 percentage points. The Interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered In connection with this Agreement, Interest will continue to accrue on this Agreement after judgment at the existing interest rate provided for in this Agreement. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture &RANGE IN TERMS AGREEMEN45 Loan No: 500020474 (Continued) Page 2 proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 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 fiabli ty under, any Guaranty of the Indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is Impaired. Insecurity. Lender in good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction). and appeals. if not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Agreement wilt be governed by, construed and enforced In accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Agreement has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there Is a iawsuiL Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the debt 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. Collateral securing other loans with Lender may also secure this loan. To the extent collateral previously has been given to Lender by any person which may secure.this Indebtedness, whether directly or indirectly, it is specifically agreed that, to the extent prohibited by law, all such collateral consisting of household goods will not secure this Indebtedness. In addition, It any collateral requires the giving of a right of rescission under Truth in Lending for this lndebtedness, such collateral also will not secure this Indebtedness unless and until all required notices of that right have been given. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as Changed, nor obligate Lender - to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as Gable parties all maker; and endorsers of the original obfigation(s), including accommodation parties, unless a party Is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non — signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any Initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement strap be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111 MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. . Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law. waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs Ws Agreement. 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; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST. BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST. LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS. TOGETHER WITH COSTS OF SUIT, .AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECLMONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THiS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THiS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TiMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THiS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. CONTINUED ON NEXT PAGE OHANGE IN TERMS AGREEMEN• Loan No: 500020474 (Continued) Page 3 PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: Seat) or D. M ®Comb t, indivldualry LASER PRO L-ding, v*r. 3Rt.99.ow cw. mmr n! Fwn Ial SoWlivn/, W. 1997, cool. AN RiQln. RmrvN. ►A L.%CfRLPL1D20CfG TR -3097 PR-4 t Change in Terms•Zoan Renewa] DocunzentReguest Form Customer Name: �GZaR `�- �'AC- t``���- Loan # Current Principal Balance or Maximum Credit $ Settlement date for Chatige/Renewal: ! Note: All line of credit renewals will now include the date in which the Change in Terms Agreement was prepared, unless otherwise specified. Describe all the changes to be made (e.g. Extend maturity to MM/DD/YY, reduce interest rate to #.## %): Cm. A -� ioZZ. Q �.�2 ti o I.. T �. k.-- 3�� s 3\`t u.�:ax. Z� ' b�e,.:so�-- Z.�L�- oy'�R bJ @ss.� ��i•�. Describe any new terms or conditions for changes /renewals (e.g. covenants, additional collateral) d 27,'� a Document Preparation: $ � Other Fees: $ Working Officer: Resp Code: Z - $ Approved By: Resp Code: Documents Required By: / / Time: Branch: Please attach: Copy of Approval Copy of original Note and any previous modifications Copy of most recent renewal, if applicable Copies of all Collateral Documents (do not include collateral that has been previously released) Any documents related to additional collateral Processo Resp Code: Documents Completed & Sent Transaction # Mename:eitdoerq 1$2.doe MANGE IN TERMS AGREEMAT ; :;Prtnctpat Roan. Qate Maturity Roan Na ::::::;can� Acxcuni 1 WFPr i�ijttals.:. 1400% 05 5202$ ::.540020474 259.: References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular ban or Rem. Any item above containing " "' has been omitted due to text length limitations. Borrower: Victor D. Macombei -- Lender: Mid Penn Bank 3452 Lisburn Road Allentown Boulevard Mechanicsburg, PA 17055 5500 Allentown Boulevard Harrisburg, PA 17112 Principal Amount: $500,332.45 Date of Agreement: May 11, 2009 DESCRIPTION OF EXISTING INDEBTEDNESS. Note if500020474 in the amount of $608,000.00 dated June 13, 2003, together with any subsequent renewals and modifications. DESCRIPTION OF COLLATERAL The loan is secured by a mortgage and assignment of rents dated June 13, 2003. DESCRIPTION OF CHANGE IN TERMS. The interest rate shall change to 6.50% fixed for 5 years and extend maturity date to May 15, 2029. The payment amount shall be adjusted according to the 'Payment' section below. . PROMISE TO PAY. Victor D. Macomber ( 'Borrower') promises to pay to Mid Penn Bank ('Lender "), or order, in lawful money of the United States of America, the principal amount of Five Hundred Thousand Three Hundred Thirty-two & 45/100 Dollars ($500,332.45), together with Interest on the unpaid principal balance from May 11, 2009, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an Interest rate of 6.500 per annum based on a year of 360 days, until paid in full. The Interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan In accordance with the following payment schedule: The loan shall be payable over a term of twenty (20) years. The May 15, 2009 payment shall remain the same at $4,416.00, commencing June 15, 2009, the loan shall be payable in sixty (60) consecutive monthly Installments, including principal and Interest, In the amount of $3,762.00, based upon an amortization of twenty (20) years, with interest calculated at a rate of six and one -half (6.50%) percent per annum, with all subsequent payments due on the same day of each month thereafter. On May 15, 2014, the Interest rate shall convert to a variable rate of one (1.0(%) percent above the Wall Street Journal Prime Rate ('Index "). The Interest rate change will not occur more often than each month, on the first business day of the month. The monthly installments shall then be reviewed annually and reset. based upon the then outstanding principal balance, the remaining amortization period, and the interest rate, in an amount sufficient to maintain the original amortization schedule. All outstanding principal, all accrued and unpaid Interest, and any other charges as may have been Incurred will be due and payable in full on or before May 15, 2029. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. INTEREST CALCULATION METHOD. Interest on this loan Is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. All Interest payable under this loan is computed using this method. PREPAYMENT PENALTY. Upon prepayment of this Agreement, Lender is entitled to the following prepayment penalty: if refinanced by another lending instttitlon: A penalty of three percent (3.00°/6) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the first loan year; a penalty of two percent (2.00 of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the second loan year; a penalty of two percent (2.00°/") of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the third loan year. The prepayment penalty shall be in effect for the original three (3) year interest rate period, and shall renew upon adjustment of the Interest rate for any ensuing three (3) year Interval, unless modified In writing. Notwithstanding anything to the contrary, Borrower may prepay this loan, without penalty, from Internally generated funds. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It Is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked 'paid in full', 'without recourse', or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that Indicates that the payment constitutes 'payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Allentown Boulevard, 5500 Allentown Boulevard, Harrisburg, PA 17112. LATE CHARGE If a payment is 15 days or more late, Borrower will be charged 10.000°/" of the regularly scheduled payment or $25.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this loan shall be increased by 5.000 percentage points. If judgment is entered in connection with this Agreement, Interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the Insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, *RANGE IN TERMS AGREEMENO Loan No: 500020474 (Continued) Page 2 repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This Includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 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 evidenced by this Nate. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender In good faith believes itself Insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Agreement and all accrued unpaid interest Immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Agreement If Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable taw, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable 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, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. if there is a lawsuit, Borrower agrees upon Lender's request to submit to the Jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, 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 Borrower acknowledges this Agreement Is secured by the following collateral described in the security instrument listed herein: a Mortgage or Deed of Trust to a trustee in favor of Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing In this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non - signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us N we report any inaccurate Information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Mid Penn Bank, Allentown Boulevard, 5500 Allentown Boulevard, Harrisburg, PA 17112. MISCELLANEOUS PROVISIONS. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no parry who signs this Agreement, 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 ban or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lenders security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made_ The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason detennined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN WHANGE IN TERMS AGREEMEN* Loan No: 500020474 (Continued) Page 3 REPRESENTED BY INDEPENDENT LEGAL COUNSEL PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X Seal) Victor D. Macomber LMER IRO Lw Onp. Yr. f— MM CW. Ni V F� 3e1W Vr. NL W W. 20M. N RV P—l" • PA PICFA P %OWCIC T94M M4 PROMISSORY NOTE Mai 1�afe:: 3�tattat _ ............................. E?!............................................................................. ............................... ....... .............. ............................... D6-i3- 2023:::.::;;::: >.:.000 1so..:;; r::.:: >::::: _..:: >: 59 b08 WOO= ..#16 -1.3 2003... 2Q47 .......... ..:.:..__ ........ .......2 . . References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. An item above containing has been omitted due to text length limitations. Borrower: Victor D. Macomber Lender: Mid Penn Bank 3452 Lisburn Road Derry Street Office Mechanicsburg, PA 17055 4098 Derry Street Harrisburg, PA 17111 (717) 558 -2144 Principal Amount: $608,000.00 Interest Rate: 6.500% Date of Note: June 13, 2003 PROMISE TO PAY. Victor D. Macomber ( "Borrower ") promises to pay 10 Mid Penn Bank ( "Lender "), or order, In lawful money of the United States of America, the principal amount of Six Hundred Eight Thousand & 001100 Dollars ($608,000.00), together with interest at the rate of 5.500% per annum on the unpaid principal balance from June 13, 2003, until paid in full. PAYMENT. Borrower will pay this loan in accordance with the following payment schedule: The loan shall be payable over a term of twenty (20) years. Commencing July 13, 2003, the loan shall be payable In sixty (60) consecutive monthly installments, Including principal and interest, In the amount of $4,567.SS, based upon an amortization of twenty (20) years, with interest calculated at a rate of six and one -half (6.50 %) percent per annum, with all subsequent payments due on the same day of each month after that. Five years from the note date the Interest rate shalt change to a variable rate of one (1.00 %) percent above the Wall Street Journal Prime Rate ( "Index "). The monthly Installments shall be reviewed annually and reset based upon the then outstanding principal balance, the remaining amortization period, and the Interest rate, in an amount sufficient to maintain the original amortization schedule. Provided, however, all outstanding principal, all accrued and unpaid Interest, and any other charges as may have been Incurred will be due and payable in full on or before June 13, 2023. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. The annual Interest rate for this Note Is computed on a 365=0 basis; that Is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender Is entitled to the following prepayment penalty: A penalty of five percent (5.00 %) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the first loan year; a penalty of four percent (4.00 %) of the outstanding loan principal balance at the time of prepayment It the prepayment occurs during the second Wan year; a penalty of three percent (3.00 %) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the third loan year; a penalty of two percent (2.00 %) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the fourth loan year; a penalty of one percent (1.00 %) of the outstanding loan principal balance at the time of prepayment If the prepayment occurs during the fifth loan year. The prepayment penalty shall be in effect for the original fire (5) year interest rate period, and shall renew upon adjustment of the interest rate for any ensuing five (5) year Interval, unless modified In writing. Notwithstanding anything to the contrary, Borrower may prepay this loan, without penalty, from Internally generated funds. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It is due. Early payments will not unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked paid in tuir,'without recourse ", or similar language. If Borrower sends such a payment. Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. Ali written communications concerning disputed amounts, including any check or other payment instrument that Indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Deny Street Office, 4098 Deny Street, Harrisburg, PA 17111. LATE CHARGE. if a payment is 16 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, it permitted under applicable law, Increase the interest rate on this Note 5.000 percentage points. The Interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, Interest will continue to accrue on this Note after judgment at the existing Interest rate provided for in this Note. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents Is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or insolvency. The death of Borrower or the dissolution or termination of Borrowers existence as a going business, the insolvency of -Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrowers accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 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 evidenced by this Note. PROMISSORY NOTE 1 0 Loan No: 500020474 (Continued) page 2 Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. 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 Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay tender that amount This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. if not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the taws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Bbrrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open In the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and an such accounts, and, at Lender's option, to administratively freeze ail such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. COLLATERAL. Borrower acknowledges this Note Is secured by the following collateral described in the security instruments listed herein, all the terms and conditions of which are hereby incorporated and made a part of this Note: (A) a Mortgage dated June 13, 2003, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. INCORPORATION OF COMMITMENT LETTER. The terms and conditions of a Commitment Letter dated May 27, 2003, between Lender and Borrower, together with any modifications and amendments, are hereby incorporated into this Agreement as if the Commitment Letter were restated herein in its entirety. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heir;, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any Inaccurate Information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand 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; and take arty other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Note are joint and several. If any portion of this Note Is for any reason determined to be unenforceable, it will not affect the enforceability of arty other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TiME TO TIME AND AT ALL TIMES UNTIL PAYMENT iN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THiS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: Sea]) ctor D. Macomber, individually 9 503020g7q RECORDATION REQUESTED BY: Mid Penn Bank Derry Street Office J , ; 1 0' tZ J t ,) t 4098 Derry Street Harrisburg, PA 17111 t '.: �itLAf2D CQUVY-� .. WHEN RECORDED MAIL TO: �J3 JUG 18 10 19 Mid Penn Bank Derry Street Office 4098 Derry Street Harrisburg, PA 17111 SPACE ABOVE THIS LINE SS FOR RECORDER'S USE ONLY MORTGAGE MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shall not exceed at any one time $608,000.00. THIS MORTGAGE dated June 13, 2003, is made and executed between Victor D. Macomber, whose address is 3452 Lisburn Road, Mechanicsburg, PA 17055 (referred to below as "Grantor ") and Mid Penn Bank, whose address is 4098 Derry Street, Harrisburg, PA 17111 (referred to below as "Lender "). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; an streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or Irrigation rights); and alt other rights, royalties, and rofits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters (the "Real Property ) located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A ", which Is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. �y Property parcel ident f cation number is 13- 23y05a90 -w136A 704 Lisburn Road, Camp Hill, PA 17011. The Real Grantor presently assigns to Lender all of Grantor's right, title, and interest In and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $608,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Grantor 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. Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental taws, (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 bf Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantors 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 Er {1817PU3280 MORTGAGE , Loan No: 500020474 (Continued) Page 2 such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly 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 obligation to Indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least 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 ail governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in 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 Lenders interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, In addition to those acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lenders prior written consent, of all or any part of the Real Property, or any Interest In the Real Property. A "sale or transfer' means the conveyance of Real Property or any right, title or Interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or Involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest In the Real Property. However, this option shall not be exercised by Lender if such exercise Is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those fiens specifically agreed to in writing by Lender, and except for the Gen of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shag within fifteen (15) days after the lien arises or, if a Gen is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest. Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shag upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance to such coverage amounts as Lender may request with Lender being named as additional Insureds in such liability insurance policies. Additionally. Grantor shall maintain such other insurance, Including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each Insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the Insurers liability for failure to give such notice. Each Insurance policy also shall include an endorsement providing that coverage In favor of Lender will not be Impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located In a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. Application of Proceeds. Grantor shalt 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 �;1�17FG328� '`• MORTGAGE Loan No: 500020474 (Continued) Page 3 the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest In the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, Including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (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. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender 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 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 full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shag be continuing in nature, and shall remain in full force and effect unto such time as Grantors Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shag promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shag be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor wig deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by Lender from lime to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at Its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attomeys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lenders security interest in the Rents and Personal Property. In addition to recording this Mortgage In the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shag reimburse Lender for all expenses incurred in perfecting or continuing this security interest Upon default, Grantor . shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any i lFG3282 MORTGAGE � Loan-No: 500020474 (Continued) Page 4 Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (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, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, 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 as first and prior fiens 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 costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lenders sole opinion, to accomplish the matters referred to in the preceding paragraph. it is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collaterattzatlon. 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. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self —help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a gamishment of any of Grantors accounts, including deposit accounts, with Lender. However, this Event of Default shalt not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the daim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, 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. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender In good faith believes itself Insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shalt have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lenders costs, against the indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to G,�3i7PG32a3 ' ` ' • MORTGAGE Loan No: 500020474 (Continued) Page 5 Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond it permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any aftomey of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property. without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be Issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law. Lender may foreclose Grantor's Interest In all or In any part of the Personal Property or the Real Property by non - judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received 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 of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided In this Mortgage or the Note or available at law or in equity. Sate 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 an all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made In conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and /or against any other co- maker, guarantor, surety or endorser and /or to proceed against any other collateral directly or Indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shalt 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 Lendees legal expenses, whether or not there Is a lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to as 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 tetefacsimile (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 party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise provided by applicable law. If there is more than one Grantor, any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating Income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income' shall mean ail cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings In this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. -This Mortgage will be governed by, construed and enforced In accordance with federal law and the laws of the Commonwealth of Pennsylvania. Thia Mortgage has been accepted by Lender In the Commonwealth of Pennsylvania. G;lB! /?G3284 MORTGAGE Loan No: 500020474 (Continued) Page 6 Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given In writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Mortgage, the granting of such consent by Lender In any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. if a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any.other circumstance. It feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. It the offending provision cannot be so modified, It shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceabllity of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the Interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. The word "Borrower" means Victor D. Macomber, and all other persons and entities signing the Note in whatever capacity. Default. The word "Default" means the Default set forth in this Mortgage In the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA*) the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA'), the hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth In this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Victor D. Macomber. 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 Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used In their very broadest, sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or fisted under the Environmental Laws. The term "Hazardous Substances" also Includes, without limitation, petroleum and petroleum by— products or any traction 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 Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Lender to enforce Grantor's obligations under this Mortgage, together with Interest on such amounts as provided In this Mortgage. Lender. The word "Lender" means Mid Penn Bank, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated June 13, 2003 in the original principal amount of $608,000 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 June 13, 2023. 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 safe or other disposition of the Property. Property. The word "Property' means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments. agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. D;� 0 l YPG3285 MORTGAGE Loan No: 500020474 (Continued) Page 7 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: Se or D acomb r, Individually " Signed, acknowledged and delivered in the presence of: X Witness Ila X Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Mid Penn Bank, herein is as follows: Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111 Q L Attorney orAgeM for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF �.l r 177b er-1 /tic O ) On this, the �� ice_ day of 20 before me the undersign Notary Public, personally appeared Victor D. Macomber, known to me (or safisfa only proven) to be the person whose name is subscribed t ' the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offlclal seal. NOTARIAL SF-AL DIANNE LENIG, Notary Public Notary Public In and for the State o Lemoyne Borough Cumberland Co. MY Commission Expires Dec. 21, 2W5 LASER ►AO LendWi. Ver. 5.21.29.002 Cepr. NarLWFk MWI Wution %UK. IMT. 2001. AN Right. R.� dv .OA L3GML/NODSPC TR -1961 OR.SECDTLRM , '1 EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Lisburn Road (L.R. 21014) at comer of lands shown on the Plan of Highland Estates Addition No. 2; THENCE along the Plan of Highland Estates Addition No. 2 South 75 degrees 06 minutes West, a distance of 200.01 feet to a point; THENCE along lands now or formerly of Cedar Run, Inc., North 14 degrees 24 minutes West, a distance of 247.45 feet to a point; THENCE North 75 degrees 36 minutes East a distance of 200 feet to the center line of Lisburn Road; THENCE through the center line of Lisburn Road south 14 degrees 24 minutes East, a distance of 245.70 feet to lands shown on the Plan of Highland Estates Addition No. 2, the point and place of BEGINNING. CONTAINING 1.132 acres. BEING the same premises as shown on a Plan by D. P. Raffensperger Associates dated December 23,1971 and recorded in the Cumberland Count Recorder's Office in Plan Book 22, Page 155. UNDER AND SUBJECT to easements of record. BEING THE SAME PREMISES which Victor D. Macomber by deed dated March 9, 1994 and recorded March 15, 1994 in Deed Book 102, page 694 in the Office of the Recorder of Deeds of Cumberland County granted and conveyed unto Victor D. Macomber and Wanda W. Macomber, husband and wife. Wanda W. Macomber died on October 21, 2001 whereupon title vested in Victor D. Macomber by operation of law. citify this to b..• ;,. i ►� Cumberland Co PA Recorder of Deeds G` � 81 ?PG3287 ;�1a 5000 200 7q RECORDATION REQUESTED BY: Mid Penn Bank - — ..1' ". I c C L E u Derry Street Office 0 r; b `, -. OF DEED 4098 Derry Street Harrisburg, PA 17111 ;'.�c RLAND C0UNTY -� .. WHEN RECORDED MAiL TO 03 JUN 18 RM 10 19 Mid Penn Bank Derry Street Office 4098 Derry Street Harrisburg, PA 17111 SPACE ABOVE THIS LiNE IS FOR RECORDER'S USE ONLY MORTGAGE MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shall not exceed at any one time $608,000.00. THIS MORTGAGE dated June 13, 2003, is made and executed between Victor D. Macomber, whose address is 3452 Lisburn Road, Mechanicsburg, PA 17055 (referred to below as "Grantor ") and Mid Penn Bank, whose address is 4098 Derry Street, Harrisburg, PA 17111 (referred to below as "Lender "). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; an streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and rofits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A ", which is attached to this Mortgage and made a part of this Mortgage as`(f fully set forth herein. The Real Proper or its address is commonly known as 704 Lisburn Road, Camp Hill, PA 17011. The Real Property parcel Identification number is 13- 234549 -136A. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $608,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor 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. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to tender 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, heat, 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 taws. 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 NK 1817RG3280 MORTGAGE , Loan No: 500020474 (Continued) Page 2 such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties,, and expenses which Lender may directly 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 obfigation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least 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, Including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and 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 or leave unattended the Property. Grantor shall do all other acts, In addition to those acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE — CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any Interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or Interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest In the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property tree of any hens having priority over or equal to the interest of Lender under this Mortgage, except for those Gans specifically agreed to in writing by Lender, and except for the hen of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest In the Property is not jeopardized. If alien arises or is fled as a result of nonpayment, Grantor shag within fifteen (15) days after the lien arises or, if a hen is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or It requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the Tien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest. Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shalt upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deriver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional Insureds in such liability insurance policies. Additionally, Grantor shall maintain such other Insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shalt deliver to Lender certificates of coverage from each Insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the Insureds liability for failure to give such notice. Each Insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior Hens on the properly 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 ban. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or Br�1�17rS3281 ''. MORTGAGE Loan No: 500020474 (Continued) Page 3 the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, Including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (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. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender 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 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 full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable taws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to lime to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attomeys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest Upon default,' Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any 6r; 1 o i 7 G3282 0 MORTGAGE ,T , Loan No: 500020474 (Continued) Page 4 Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (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, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, 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 as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. it is understood that nothing set forth herein shall require Lender to take any such actions. FILL 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 permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralizatlon. 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. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self —help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shag not apply If there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, 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. I Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is Impaired. Insecurity. Lender In good faith believes itself Insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Gii 13 7 FIG 3233 i MORTGAGE Loan No: 500020474 (Continued) Page 5 Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sate, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. i Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's Interest in all or In any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining In the Indebtedness due to Lender after application of all amounts received 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 of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies. Lender shall have 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 marshaned. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sate or by separate sales. Lender shall be entitled to bid at any public sate on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Properly 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. Any sale of the Personal Property may be made In conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantors failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and /or against any other co- maker, guarantor, surety or endorser and /or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees, Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shalt 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 (his 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 title reports pncluding foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shalt 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 party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise provided by applicable law. If there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in wring and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shaft furnish to Lender, upon request, a certified statement of net operating Income received from the Property during Grantor's previous fiscal year In such form and detail as Lender shall require. "Net operating Income' shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. -This Mortgage will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender In the Commonwealth of Pennsylvania. �'i /PUG J 284 MORTGAGE Loan No: 500020474 (Continued) Page 6 Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. 'No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Mortgage, the granting of such consent by Lender In any instance shalt not constitute continuing consent to subsequent instances where such consent Is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabuity. it a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. if feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. It the offending provision cannot be so modified, It shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceabllity of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time Is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall Include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Victor D. Macomber, and all other persons and entities signing the Note in whatever capacity. Default. The word "Detault7 means the Default set forth in this Mortgage In the section fitted "Default". Environmental Liners. The words "Environmental Laws" mean any and ail state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at 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, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. - Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Victor 0. Macomber. 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 Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or fisted 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 Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender' means Mid Penn Bank, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated June 13, 2003, in the original principal amount of $608,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Mortgage is June 13, 2023. 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 ail accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents. whether now or hereafter existing, executed in connection with the Indebtedness. Li I 0 1 7PG3285 . MORTGAGE • Loan No: 500020474 (Continued) Page 7 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: 1 Se Wdor D acomb r, ndividually Signed, acknowledged and delivered In the presence of: X Witness X Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Mid Penn Bank, herein is as follows: Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111 Attorney or AgeM for mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF On this, the 1:.' __ _ day of , 20 0-3 , before me rV—L . the undersign Notary Public, personally appeared Victor D. Macomber, known to me (or safisfa only proven) to be the person whose name is subscribed the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offEclal seal. NOTARIAL SEAL DIANNE LENIG, Notary Public Notary Public In and for the State o Lemoyne Borough Cumberland Co. My Commission Expires Dec. 21, 2005 LASEA PAo L+n0M0. ver. 511.00.003 C-P,. Narb00 F1 w 1 SoWtjO lnt.,091.3003. A311ipM, A -44. . PA WCMLPLK 0310 r" -ivel Pn SECOTENr ,l EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Lisburn Road (L.R. 21014) at comer of lands shown on the Plan of Highland Estates Addition No. 2; THENCE along the Plan of Highland Estates Addition No. 2 South 75 degrees 06 minutes West, a distance of 200.01 feet to a point; THENCE along lands now or formerly of Cedar Run, Inc., North 14 degrees 24 minutes West, a distance of 247.45 feet to a point; THENCE North 75 degrees 36 minutes East a distance of 200 feet to the center line of Lisburn Road; THENCE through the center line of Lisburn Road south 14 degrees 24 minutes East, a distance of 245.70 feet to lands shown on the Plan of Highland Estates Addition No. 2, the point and place of BEGINNING. CONTAINING 1.132 acres. BEING the same premises as shown on a Plan by D. P. Raffensperger Associates dated December 23,1971 and recorded in the Cumberland Count Recorder's Office in Plan Book 22, Page 155. UNDER AND SUBJECT to easements of record. BEING THE SAME PREMISES which Victor D. Macomber by deed dated March 9, 1994 and recorded March 15, 1994 in Deed Book 102, page 694 in the Office of the Recorder of Deeds of Cumberland County granted and conveyed unto Victor D. Macomber and Wanda W. Macomber, husband and wife. Wanda W. Macomber died on October 21, 2001 whereupon title vested in Victor D. Macomber by operation of law. `' crtify this to b... ��lydcd ,,j Cumberland ( ':)«ilty PA P`ecorder of Deeds G y317PS3287 ��. Exh�b�t � S� 3B SERRATELLI SCHIFFMAN & BROWN r.c. December 19, 2013 Via Certified Mail, R.R.R. & Regular Mail Dwight F. Macomber, Administrator for the JENI S. MADDEN Estate of Victor D. Macomber tel 717.635.2920 466 East King Road fax 7 6 35-2950 Malvern, PA 19355 jmadden@ssBc-LAw. Re: Our client, Mid Penn Bank Loan No. 500020474 ( "the Loan ") 2080 LINGLESTOWN RD. STE 201 Dear Mr. Macomber: HARRISBURG PA 17110 -9 6 70 tel 717.540.9170 Please be advised that the above - referenced Loan has been referred to this law fax 717.540.5481 firm for collection as the result of a default under the terms of the promissory note Www.SSBC- LAW.coM executed by Victor D. Macomber for the Loan in question. As you are aware, Victor D. Macomber died on or about August 22, 2010. Mr. Macomber's death constitutes a default under the Loan documents. Therefore, this letter is to notify you that pursuant to the Loan documents, Mid Penn Bank has accelerated the Loan and the following amounts are now due and payable: 7 102.61 $449, $ 2,843.88 $ 376.20 Costs $ 60.00 TOTAL $452,382.69 If Mid Penn Bank does not receive payment in full for the Loan within ten (10) days of the date of this letter, it has instructed us to proceed with collection. Nothing contained in this letter is intended as a waiver or a release of any of the terms or provisions of your Loan Documents, including without limitation, the requirement that the Loan be paid on demand. Mid Penn Bank reserves all rights and remedies available to it under the Loan Documents, and applicable law, all of which are hereby expressly reserved. No discussions with Mid Penn Bank concerning this notification, other relationships between the Bank and the Borrower, or any other matter shall imply an agreement on the part of Bank to waive any of its rights and kK!JL SERRATELLI SCHIFFMAN & BROWN r.c. Gay M. Lewis December 19, 2013 Page Two remedies, or to forbear from taking any action authorized by the Loan Documents or applicable law, regardless of whether such discussions are continuing. The acceptance of a partial payment of any of the obligations of the Borrower to Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any delay or forbearance by Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver and thereof, nor shall it be a bar to the exercise of Bank's rights or remedies at a later date. Please be guided accordingly. Sincerely, SERRATEL.LI, SCHIFFMAN, & BROWN & P. C. Jeni Madden, Esq. Cc: Amy Custer, Mid Penn Bank Richard W. Stewart, Esquire SERRATELLI SCHIFFMAN & BROWN P A C. M3B December 19, 2013 Via Certified Mail, R.R.R. & Regular Mail Gay M. Lewis, Administrator for the JENI S. MADDEN Estate of Victor D. Macomber tel 717.635.2920 1311 Lone Pine Ct. fax 7 Steelton, PA 17113 imadden @SSBC -LAW. COM Re: Our client, Mid Penn Bank Loan No. 500020474 ( "the Loan ") 2080 LINGLESTOWN RD. STE 201 Dear Ms. Lewis: HARRISBURG, PA 17110-9670 tel 717.540.9170 Please be advised that the above - referenced Loan has been referred to this law faz 717.540.5481 firm for collection as the result of a default under the terms of the promissory note executed by Victor D. Macomber for the Loan in question. As you are aware, Victor WWW.SSBC- LAW.COM D. Macomber died on or about August 22, 2010. Mr. Macomber's death constitutes a default under the Loan documents. Therefore, this letter is to notify you that pursuant to the Loan documents, Mid Penn Bank has accelerated the Loan and the following amounts are now due and payable: Principal $449,102.61 Interest $ 2,843.88 Late Fees $ 376.20 Costs $ 60.00 TOTAL $452,382.69 If Mid Penn Bank does not receive payment in full for the Loan within ten (10) days of the date of this letter, it has instructed us to proceed with collection. Nothing contained in this letter is intended as a waiver or a release of any of the terms or provisions of your Loan Documents, including without limitation, the requirement that the Loan be paid on demand. Mid Penn Bank reserves all rights and remedies available to it under the Loan Documents, and applicable law, all of which are hereby expressly reserved. No discussions with Mid Penn Bank concerning this notification, other relationships between the Bank and the Borrower, or any other matter shall imply an agreement on the part of Bank to waive any of its rights and SERRATELLI SCHIFFMAN & BROWN r.c. Gay M. Lewis December 19, 2013 Page Two remedies, or to forbear from taking any action authorized by the Loan Documents or applicable law, regardless of whether such discussions are continuing. The acceptance of a partial payment of any of the obligations of the Borrower to Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any delay or forbearance by Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver and thereof, nor shall it be a bar to the exercise of Bank's rights or remedies at a later date. Please be guided accordingly. Sincerely, SERRATELLI, SCHIFFMAN, & BROWN & P. C. Jeni . Madden, Esq. Cc: Amy Custer, Mid Penn Bank Richard W. Stewart, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff !tf t Jody S Smith ZO f?r Chief Deputy 25 PH 3: 217, Richard W Stewart CU PE u✓ iz . Solicitor NNSYIVANIA t` Mid Penn Bank vs. Case Number Dwight Macomber(et al.) 2014-365 SHERIFF'S RETURN OF SERVICE 01/23/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dwight Macomber, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Chester, Pennsylvania to serve the within Complaint& Notice according to law. 01/24/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gay M Lewis, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint&Notice according to law. 01/29/2014 The requested Complaint& Notice served by the Sheriff of Chester County upon Dwight Macomber, personally, at 466 East King Road, Malvern, PA 19355. Carolyn B. Welsh, Sheriff, Return of Service attached to and made part of the within record. 01/30/2014 08:58 AM-The requested Complaint&Notice served by the Sheriff of Dauphin County upon Ilene Conroy, who accepted for Gay M Lewis, at 1311 Lone Pine Court, Steelton, PA 17113. Jamie L. Straining, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $44.00 SO ANSWERS, February 18, 2014 RON■Y R ANDERSON, SHERIFF • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Richard W Stewart Chief Deputy Solicitor Mid Penn Bank Case Number vs. Dwight Macomber(et al.) 2014-365 SERVICE COVER SHEET O v Service Details: o Category: Civil Action -Complaint& Notice Zone: x Manner: Deputize Expires: 02/14/2014 Warrant: w Notes: uin ) c) a) a. Serve To: Final Service: ix Name: Dwight Macomber Served: E.;:orm;ally Adult In Charge • Posted Other w Primary 466 East King Road Adult In < Address: Malvern PA 19355 Charge: `7)w Gam'" ,q_COM 3C4 Q Phone: DOB: Relation: pe 0 Alternate l Date: j�a�'! ( Time: j A_°i G P' z Address: Y 1 Phone: Deputy: /r l7 4f Mileage: cf)tut to Attorney/Originator: Name: Jeni S. Madden Phone: 717-540-9170 Service Attempts: Date: I in Time: �. 1 Mileage: I, l I N Deputy: 1 l 3 Notes/Special Instructions: ,9 //� ' /g Now, January 23, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Chester County to execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 Ronny R Anderson, Sheriff 1.r■ (.0 ti i ;tt of 1� . f Shelley Ruhl 1� Jack Duignan Real Esta e Deputy �,tiy � •?° i Chief Deputy Matthew L. Owens J� +i"� •�" R�-� �+� �` ►� Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MID PENN BANK VS County of Dauphin GAY M. LEWIS Sheriffs Return No. 2014-T-0275 OTHER COUNTY NO. 2014-0365 And now: JANUARY 30, 2014 at 8:58:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon GAY M. LEWIS by personally handing to ILENE CONROY * 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 1311 LONE PINE COURT STEELTON PA 17113 * RESIDENT OF ADDRESS 1311 LONE PINE COURT, STEELTON, PA 17113 WHO CONFIRMED THE DEFENDANT DOES RESIDE THERE. Sworn and subscribed to So Answers, before me this 31ST day of January, 2014 '4)4mph\ - Sher' f of Dau hin unty, Pa. By COMMONWEALTH OF PENNSYLVANIA De ty Sheriff NOTARIAL SEAL De ty: J STRAINING Karen M.Hoffman,Notary Public Sheriffs Costs: $43.25 1/28/2014 City of Harrisburg,Dauphin County My Commission Expires January 8,2018 MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 2014-0365 DWIGHT F. MACOMBER and GAY M. LEWIS, Co-Administrators of the Estate of Victor D. Macomber, Deceased Civil—Mortgage Foreclosure l' Defendants F " c� PRAECIPE FOR ENTRY OF APPEARANCE cn TO THE PROTHONOTARY: Please enter the appearance of Carol L. Verish,Esquire as attorney for the Plaintiff,Mid Penn Bank, in this matter. Respectfully submitted, SERRATELLI, SCHIFFMAN&BROWN P.C. Date: February 26, 2014 By S+ /J.ve Schif an, Esquire Carol L. Verish, Esquire Pa. ID Nos. 25488 & 91284 2080 Linglestown Road, Suite 201 Harrisburg,PA 17110-9670 (717) 540-9170 CERTIFICATE OF SERVICE I, Carol L. Verish, Esquire, hereby certify that I have served a true and correct copy of the foregoing document, Praecipe for Entry of Appearance, by first class, postage prepaid, addressed as follows: Dwight F. Macomber Gay M. Lewis 466 East King Road 1311 Lone Pine Court Malvern,PA 19355 Steelton,PA 17113 SERR,4 TELLI, SCHIFFMAN, &BROWN P.C. Dated: February 26, 2014 By UZ6 S even . Schif an, Esquire Verish, Esquire Pa. ID Nos. 25488 & 91284 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 Marvin Beshore, Esquire Attorney ID No, 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 FAX (717) 236-0791 Email: Mbeshore beshorelaw.com MID PENN BANK, Plaintiff VS. TH RO iONO 2014NR-4 PH 59 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DWIGHT F. MACOMBER and GAY M. : LEWIS, Co-Administrators of the Estate of Victor D. Macomber, Deceased : Defendants No. 14-0365 - Civil Term Civil - Mortgage Foreclosure ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Marvin Beshore, Esquire, as counsel for Defendants, DWIGHT F. MACOMBER and GAY M. LEWIS, Co-Administrators of the Estate of Victor D. Macomber, Deceased, in the above-captioned matter. Date: March 4, 2014 By: ore, Esquire Attorney ID. # 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 FAX (717) 236-0791 mbeshore@beshorelaw.com MID PENN BANK, Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 14-0365 - Civil Term DWIGHT F. MACOMBER and GAY M. LEWIS, Co-Administrators of the Civil - Mortgage Foreclosure Estate of Victor D. Macomber, Deceased : Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Entry of Appearance upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 4th day of March 2014, addressed as follows: Steven J. Schiffman, Esquire Jeni S. Madden, Esquire Serratelli, Schiffman, & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (s.., TARA L. SWARTZ, Paralegal Law Offices of Marvin Beshore _ ., 1-3-0 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Marvin Beshore, Esquire Attorney ID No. 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 FAX (717) 236-0791 Email: Mbesbore beshorelaw.com LED-OFFiCE (.1 1 k. PROIHOHT FC: 2014 11AR -7 PM 3: 13 CUMBERLAND COUNTY PENNSYLVANIA MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. DWIGHT F. MACOMBER and GAY M. LEWIS, Co-Administrators of the Estate of Victor D. Macomber, Deceased : Defendants No. 14-0365 - Civil Term Civil - Mortgage Foreclosure AGREEMENT PURSUANT TO RULE 237.2 TO EXTEND TIME TO PLEAD FOLLOWING TEN-DAY NOTICE It is agreed that Defendants, DWIGHT F. MACOMBER and GAY M. LEWIS, Co- Administrators of the Estate of Victor D. Macomber, Deceased, are granted an extension of time through March 18, 2014, in which to file: A Complaint An Answer An Answer or Preliminary Objection. After the above date, a judgment of non pros or by default, as be entered upon praecipe without further notice. Dated: March S , 2014 Dated: March k' 2014 ay be appropriate, may Steven J. Schiff,/ , Esquire Jeni S. Madde , Esquire Attorneys for Plai tiff a n Beshore, Esquire Attorney for Defendants MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 14-0365 - Civil Term DWIGHT F. MACOMBER and GAY M. : LEWIS, Co-Administrators of the : Civil - Mortgage Foreclosure Estate of Victor D. Macomber, Deceased : Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Agreement Pursuant to Rule 237.2, upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 6th day of March 2014, addressed as follows: Steven J. Schiffman, Esquire Jeni S. Madden, Esquire Serratelli, Schiffman, & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 By: a.,466L TARA/L. SWARTZ, Paralegal Law4fices of Marvin Beshore \--4.-30. State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 -OFF 7 iV 7 P:i. NO TAP( 2011,11h 18 F!i 2: f: I CUMBERLAND COUN PENNSYLVANIA Marvin Beshore, Esquire Attorney ID No. 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108 -0946 (717) 236 -0781 FAX (717) 236 -0791 Email: Mbeshore @beshorelaw.com MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. DWIGHT F. MACOMBER and GAY M. : LEWIS, Co- Administrators of the Estate of Victor D. Macomber, Deceased : Defendants No. 14 -0365 - Civil Term Civil - Mortgage Foreclosure NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof, or default judgment may be entered against you. Date: March 18, 2014 By: 00079428.WPD; vl Marvin Beshore, Esquire Attorney ID. # 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108 -0946 (717) 236 -0781 FAX (717) 236 -0791 mbeshore @beshorelaw.com MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. DWIGHT F. MACOMBER and GAY M. : LEWIS, Co- Administrators of the Estate of Victor D. Macomber, Deceased : Defendants No. 14 -0365 - Civil Term Civil - Mortgage Foreclosure ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE WITH NEW MATTER AND NOW, come Defendants, DWIGHT F. MACOMBER and GAY M. LEWIS, Co- Executors of the Estate of Victor D. Macomber, Deceased, by and through their attorney, Marvin Beshore, Esquire, and file this Answer to Complaint in Mortgage Foreclosure as follows: 1. Admitted. 2. Denied as stated. Dwight F. Macomber and Gay M. Lewis are Co- Executors of the Estate of Victor D. Macomber. Defendant, Dwight F. Macomber has a mailing address of 466 East King Road, Apt. C., Malvern, PA 19355. 3. Denied as stated. Dwight F. Macomber and Gay M. Lewis are Co- Executors of the Estate of Victor D. Macomber. Count I - Mortgage Foreclosure 4. Responses to Paragraphs 1 through 3 are incorporated herein by reference as if set forth in full. 5. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth .of the averments of paragraph 5 and, 00079428.WPD; vl therefore, said averments are denied. 6. It is admitted that a document denominated, "Promissory Note," is attached to the Complaint in Mortgage Foreclosure as Exhibit A. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 6 and, therefore, said averments are denied. 7. It is admitted that two documents denominated, "Change in Terms Agreement," one dated July 15, 2003, and the other dated May 11, 2009, are attached to the Complaint in Mortgage Foreclosure as Exhibit B. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 7 and said averments are, therefore, denied. 8. It is admitted that two copies of a document denominated, "Mortgage," are attached to the Complaint in Mortgage Foreclosure as Exhibit C. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 8 and said averments are, therefore, denied. 9. It is admitted that the document attached to the Complaint in Mortgage Foreclosure as Exhibit C bears a stamp indicating that it was recorded in Cumberland County on June 18, 2003. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the accuracy or authenticity of the document and the same are, therefore, denied. 00079428.WPD; vl 10. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 10 and said averments are, therefore, denied. By way of further Answer, there is no document denominated, "Modification of Mortgage" attached to the Complaint in Mortgage Foreclosure, either as Exhibit C, or otherwise, and the existence of such document, therefore, is denied. 11. It is admitted that at the time of his death, Victor D. Macomber was the record owner of the real estate located at 704 Lisburn Road, Camp Hill, PA 17011. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 11 and said averments are, therefore, denied. 12. Admitted. 13. Denied as stated. Defendants, Dwight F. Macomber and Gay M. Lewis are Co- Executors of the estate. Victor D. Macomber is the decedent. 14. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth and accuracy of the facts averred in Paragraph 14 and the same, therefore, are denied. By way of further answer, the averments of this paragraph constitute conclusions of law to which no response is required. 15. Denied as stated. The "Note" is a writing, which speaks for itself. 16. Admitted. 17. The averments of Paragraph 17 constitute conclusions of law to which no 00079428.WPD; vl response is required. 18. After reasonable investigation, Defendants lack sufficient information on which to form a belief as to the truth and accuracy of the factual averments of this paragraph and, therefore, deny them. By way of further answer, the averments of this paragraph constitute conclusions of law to which no response is required. WHEREFORE, Defendants respectfully request that the Complaint in Mortgage Foreclosure be dismissed with costs charged to Plaintiff, plus such other and further relief as the Court deems appropriate. NEW MATTER 19. Responses to Paragraphs 1 through 18 are incorporated herein by reference as if set forth in full. 20. Plaintiff has failed to state a claim or cause of action for attorney's fees. 21. Pursuant to 20 Pa. C. S. § 301, upon the death of Victor D. Macomber, title to the real estate involved herein immediately vested in decedent's heirs or devisees, who, therefore, are the real owners of the real estate. 22. Pa. R. Civ. P. 1144 requires all cases in Mortgage Foreclosure, such as this, to include the real owner of the real estate as a defendant. 23. Plaintiff's failure to include the real owner of the real estate as a defendant constitutes a fatal flaw and justifies dismissal of the Complaint in Mortgage Foreclosure. WHEREFORE, Defendants respectfully request that the Complaint in Mortgage 00079428.WPD; vl Foreclosure be dismissed with costs charged to Plaintiff, plus such other and further relief as the Court deems appropriate. Date: March 18, 2014 00079428.WPD; vl By: adA Marvin Beshore, Esquire Attorney ID. # 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108 -0946 (717) 236 -0781 FAX (717) 236 -0791 mbeshore @beshorelaw.com VERIFICATION I, Gay M. Lewis, hereby verify that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure with New Matter 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.A. §4904 relating to unsworn falsification to authorities. Dated: March (7 , 2014 MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. DWIGHT F. MACOMBER and GAY M. : LEWIS, Co-Administrators of the Estate of Victor D. Macomber, Deceased : Defendants No. 14-0365 - Civil Term Civil - Mortgage Foreclosure CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Answer to Complaint in Mortgage Foreclosure upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 18th day of March 2014, addressed as follows: 00079428.WPD; vi Steven J. Schiffman, Esquire Jeni S. Madden, Esquire Serratelli, Schiffman, & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 TARA/ L. SWARTZ, Paralegal Law/Offices of Marvin Beshore 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No.2014 -0365 DWIGHT F. MACOMBER and GAY M. : LEWIS, Co- Administrators of the Estate of Victor D. Macomber, Deceased : Civil — Mortgage Foreclosure Defendants PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER - b c AND NOW comes Plaintiff, MID PENN BANK, by and through its counsel, Serratelli, Schiffman & Brown, P.C., and files this Plaintiff's Answer to Defendants' New Matter and avers as follows: 19. Incorporation Paragraph. No response necessary. 20. Denied. Defendants' allegation in Paragraph 20 constitutes a conclusion of law to which no response is required. To the extent that a response to this allegation is necessary, the Promissory Note attached as Exhibit "A ", each Change in Terms Agreement attached as Exhibit "B ", and the Mortgage and Modification of Mortgage attached as Exhibit "C" to Plaintiff's Complaint in Mortgage Foreclosure each provide for Plaintiff to collect attorneys' fees and expenses when the borrower is in default under said documents. Further, the Promissory Note, the Change of Terms Agreements, the Mortgage, and the Modification of Mortgage each state that they shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns. Plaintiff's counsel is seeking to enforce the terms of said agreements. Thus, Plaintiff is entitled to recover Attorneys' fees and legal expenses under the terms of thereof. 21. Denied. Defendants' allegation in Paragraph 21 constitutes a conclusion of law to which no response is required. 22. Denied. Defendants' allegation in Paragraph 22 constitutes a conclusion of law to which no response is required. 23. Denied. Defendants' allegation in Paragraph 23 constitutes a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants with respect to Defendants' New Matter, and enter such other relief as it may deem appropriate. Date: March 26, 2014 Respectfully submitted, SERRA.E LLI, SCHIFFMAN, & BROWN, P.C. (/ U i. teven J. Schi an , Esquire rol L. Verish, squire Pa. ID Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540 -9170 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Carol L. Verish, Esquire, hereby certify that I have served a true and correct copy of the foregoing document, Plaintiff's Answer to Defendants' New Matter, by first class, postage prepaid, addressed as follows: Dated: March 26, 2014 Marvin Beshore, Esq. 130 State Street P.O. Box 946 Harrisburg, PA 17108 -0946 SERRATELLI, SCHIFFMAN, & BROWN P.C. B y U,erfL__ /l�i `teven i .Schiff1man, Esquire of L. Verish,`Esquire Pa. ID Nos. 25488 & 91284 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 -9670 (717)540 -9170 MID PENN BANK, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.2014-0365 DWIGHT F. MACOMBER and GAY M. : LEWIS, Co -Administrators of the Estate of Victor D. Macomber, Deceased, : Civil — Mortgage Foreclosure Defendants CONSENT JUDGMENT IN MORTGAGE FORECLOSURE C E; Vic~, z o AND NOW, this 30 -11)/ -day of July, 2014, it is hereby agreed by and ben ]ID PENN BANK (hereinafter "Plaintiff'), by and through its attorneys, Serratelli, Schiffman & .'- .3 Brown, P.C., and Dwight F. Macomber and Gay M. Lewis, Co -Executors of the Estate Victor D. Macomber (erroneously named as Co -Administrators in caption and prior pleadings in this matter), (hereinafter "Defendants"), as follows: Judgment is hereby entered in favor of Plaintiff and against Defendants, in mortgage foreclosure on the mortgaged premises known as 704 Lisburn. Road, Camp Hill, Cumberland County, Pennsylvania 17011 in the total sum of $457,382.69 plus all amounts advanced by Plaintiff in collection of the debt pursuant to the terms of the Note and loan documents, monthly late charges, reasonable attorneys' fees, and interest from December 19, 2013. CONSENTED TO BY: 1 L. V ish,v- squire ttorney for Plaintiff Mid Penn Bank Ageget Defendan/ i wight F. Macomber, Co -Executor of the Estate of Victor D. Macomber, Deceased Defendant -flay M. Lewis, Co -Executor of the Estate of Victor D Macomber, Deceased C,V56i6o9 �.�, 36c13oL1 Steven J. Schiffman, Esq. Carol L. Verish, Esq. PA ID Nos. 25488 & 91284 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman@ssbc-law.com cverish@ssbc-law.com Ii PRO TH01,107 2E1.14 DEC -4 PH 014 CUMBERLAND COUNTY PENNS YLV'AN!A MID PENN BANK, Plaintiff v. DWIGHT F. MACOMBER and GAY M. LEWIS, Co -Administrators of the Estate of Victor D. Macomber, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2014-0365 : Civil — Mortgage Foreclosure PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Please issue a Writ of Execution in the above matter: Principal Balance: Interest through 12/19/2013: Late Fees through 12/19/2013: Costs through 12/19/2013: Attorneys' Fees: $449,102.61 $ 2,843.88 $ 376.20 $ 60.00 $ 5,000.00 Total $457,382.69 plus all amounts advanced by Plaintiff in collection of the debt pursuant to the terms of the Note and loan documents, monthly late charges, reasonable attorneys' fees, and interest from December 19, 2013. [Signature Page Follows] 4=„1_XS ,L -c. Cv. g 130 Pk LL $2:L.) /4 y dafr SI 5 It i' -tri /q j 72- 1103.75 w� s 9i/ -UG t' f-IG.56 191. ,?S p0 Date: December 4, 2014 Respectfully submitted, SERRATELLI, SCHIFFMAN & BROWN P.C. St ve 4. Schi man, Esquire Carol L. Verish, Esquire Pa. ID Nos. 25488 & 91284 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 Steven J. Schiffinan, Esq. Carol L. Verish, Esq. PA ID Nos. 25488 & 91284 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman@ssbc-law.com cverish@ssbc-law.com (IL; DEC E BERLAND COUNT y PENNs YLvA NIA MID PENN BANK, Plaintiff v. DWIGHT F. MACOMBER and GAY M. LEWIS, Co -Administrators of the Estate of Victor D. Macomber, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2014-0365 : Civil — Mortgage Foreclosure AFFIDAVIT PURSUANT TO RULE 3129.1 I, Carol L. Verish, Esquire, attorney for Mid Penn Bank, Plaintiff in the above action, set forth the following information as of the date the Praecipe for the Writ of Execution was filed concerning the real property located in Cumberland County, Pennsylvania, more fully described in Exhibit "A," attached hereto. 1. Name and address of owner(s) or reputed owner(s): Dwight F. Macomber, Co -Executor of the Estate of Victor D. Macomber, deceased 466 East King Road Malvern, PA 19355 Gay M. Lewis, Co -Executor of the Estate of Victor D. Macomber, deceased 1311 Lone Pine Court Steelton, PA 17113 2. Name and address of defendant(s) in the judgment: Dwight F. Macomber, Co -Executor of the Estate of Victor D. Macomber, deceased 466 East King Road Malvern, PA 19355 Gay M. Lewis, Co -Executor of the Estate of Victor D. Macomber, deceased 1311 Lone Pine Court Steelton, PA 17113 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Mid Penn Bank 349 Union Street Millersburg, PA 17061 Dwight Macomber Landmark Commercial Realty, Inc. Gay Lewis 466 East King Road Malvern, PA 19355 do Richard W Stewart, Esq. Johnson, Duffie, Stewart, & Weidner 301 Market Street Lemoyne, PA 17043 20 Erford Road Suite 215 Lemoyne, PA 17015 do Bruce Warshawsky, Esq. Cunningham & Chernicoff PC 2320 N Second Street Harrisburg, PA 17110 1311 Lone Pine Court Steelton, PA 17113 Dwight Macomber P.O. Box 202 Devon, PA 19333 4. Name and address of the last recorded holder of every mortgage of record: Name Address Mid Penn Bank 349 Union Street Millersburg, PA 17061 Mildred K. Macomber 3452 Lisburn Road Mechanicsburg, PA 17055 Manufactures and Traders Trust Company, One M & T Plaza Successor in Interest to Allfirst Bank, Buffalo, NY 14203 Successor in Interest to Dauphin Deposit Bank and Trust Company 5. Name and address of every other person who has any record lien on the property: Name Landmark Commercial Realty. Inc. Address 20 Erford Road Suite 215 Lemoyne, PA 17015 c/o Bruce Warshawsky, Esq. Cunningham & Chernicoff PC 2320 N Second Street Harrisburg, PA 17110 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant/ Occupant Commonwealth of Pennsylvania Department of Public Welfare PA Department of Revenue Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 704 Lisburn Road Camp Hill, PA 17011 P.O. Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building PO Box 8486 Harrisburg, PA 17105-8486 Internal Revenue Service Technical Support Group Cumberland County Tax Claims Office Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Public Welfare PA Department of Revenue Bureau of Compliance Lien Section Estate of Victor D. Macomber c/o Richard W Stewart, Esq. Gay M. Lewis, in her capacity as Co -Executor of the Estate of Victor D. Macomber, deceased Dwight F. Macomber, in his capacity as Co -Executor of the Estate of Victor D. Macomber, deceased William Green Federal Building Room 3259, 600 Arch Street Philadelphia, PA 19106 1 Courthouse Square Room 110 Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 P.O. Box 280948 Harrisburg, PA 17128 Johnson, Duffie, Stewart, & Weidner 301 Market Street Lemoyne, PA 17043 1311 Lone Pine Court Steelton, PA 17113 466 East King Road Malvern, PA 19355 Verification I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsown falsification to authorities. Date: December 4, 2014 Veris , Esq. ey for P1. ntiff Exhibit A Sale # Steven J. Schiffrnan, Esq. Carol L. Verish, Esq. PA ID Nos. 25488 & 91284 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman@ssbc-law.com cverish@ssbc-law.com Judgment Amount: $457,382.69 plus all amounts advanced by Plaintiff in collection of the debt pursuant to the terms of the Note and loan documents, along with all reasonable attorneys' fees., monthly late charges, and interest as authorized by the loan documents from December 19, 2013. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Lisburn Road (L.R. 21014) at corner of lands shown on the Plan of Highland Estates Addition No. 2; thence along the Plan of Highland Estates Addition No. 2 South 75 degrees 06 minutes West, a distance of two hundred and one hundredths (200.01) feet to a point; thence along lands now or formerly of Cedar Run, Inc., North 14 degrees 24 minutes West, a distance of two hundred forty-seven and forty-five hundredths (247.45) feet to a point; thence North 75 degrees 36 minutes East, a distance of two hundred (200) feet to the center line of Lisburn Road; thence through the center line of Lisburn Road South 14 degrees 24 minutes East, a distance of two hundred forty-five and seventy hundredths (245.70) feet to lands shown on the Plan of Highland Estates Addition No. 2, the point of BEGINNING. CONTAINING 1.132 acres. BEING the same premises as shown on a Plan by D.P. Raffensperger Associates dated December 23, 1971 and recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 155. UNDER AND SUBJECT to easements of record. BEING the same premises which Victor D. Macomber by deed dated March 9, 1994 and recorded March 15 1994 in Deed Book 102, page 694 in the Office of the Recorder of Deeds of Cumberland County granted and conveyed unto Victor D. Macomber and Wanda W. Macomber, husband and wife. Wanda W. Macomber died on October 21, 2001, whereupon title vested in Victor D. Macomber by operation of law. BEING TAX PARCEL NO. 13-23-0549-136A PREMISES BEING: 704 Lisburn Road Borough of Camp Hill Camp Hill, PA 17011 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Dwight F. Macomber and Gay M. Lewis, Co -Executors of the Estate of Victor D. Macomber, deceased (erroneously named as Co - Administrators in caption and prior pleadings in this matter), under Judgment No. 2014-0365. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds in the sale will be filed with the Sheriff of Cumberland County, Pennsylvania on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of said proceeds will be made in accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. Steven J. Schiffman, Esq. Carol L. Verish, Esq. PA ID Nos. 25488 & 91284 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman@ssbc-law.com cverish@ssbc-law.com POTF-i0,Y) TAAI 2•31Li DEC -4 PM 3: 05 CUMBERLAND COUNTY PENNSYLVANIA MID PENN BANK, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2014-0365 DWIGHT F. MACOMBER and GAY M. : LEWIS, Co -Administrators of the Estate of Victor D. Macomber, Deceased, : Civil — Mortgage Foreclosure Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: TIME: LOCATION: March 4, 2015 10:00 am Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17103 THE PROPERTY TO BE SOLD is delineated in detail in the attached legal descriptions. THE LOCATION of the property to be sold is: 704 Lisburn Road, Camp Hill, Pennsylvania 17011 THE JUDGMENT under or pursuant to which the properties are being sold is docketed in the within Commonwealth and county to: 2014-0365 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: DWIGHT F. MACOMBER AND GAY M. LEWIS, CO-EXECUTORS OF THE ESTATE OF VICTOR D. MACOMBER, DECEASED (erroneously named as Co -Administrators in caption and prior pleadings in this matter) A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD, OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE: 1. You may file a petition with the Court to open the judgment if you have a meritorious defense against the judgment that has been entered against you. You may also file a petition with the court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. . A petition raising the legal issues or rights mentioned above must be presented to the Court, and must be served on the attorney for the creditor or the creditor itself before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office—Civil Division, of Cumberland County Courthouse, before a presentation to the Court. SHERIFF'S OFFICE Steven J. Schiffman, Esq. Carol L. Verish, Esq. PA ID Nos. 25488 & 91284 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman@ssbc-law.com cverish@ssbc-law.com • LT 0 7 !A; 1)14 OEC -4 Pi"`; 3:Q5 CUMBERLAND COUNTY PENNSYLVANIA MID PENN BANK, Plaintiff V. DWIGHT F. MACOMBER and GAY M. LEWIS, Co -Administrators of the Estate of Victor D. Macomber, Deceased, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2014-0365 : Civil — Mortgage Foreclosure Defendants WAIVER OF WATCHMAN Any Deputy Sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whoever is found in possession, (after notifying such person of such levy or attachment), without liability on the part of such Deputy or the Sheriff to any Plaintiff herein for any loss, destruction or removal of any such property before Sheriff's Sale thereof. . Veris4, Esquire Attorney for Plaintiff THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MID PENN BANK Vs. NO 14-0365 Civil Term CIVIL ACTION — LAW DWIGHT F. MACOMBER and GAY M. LEWIS, Co -Administrators of the Estate of Victor D. Macomber, Deceased WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: 457,382.69 Interest Atty's Comm: Atty Paid'192.75 Plaintiff Paid: Date: 12/04/14 L.L.: $.50 Due Prothy: $2.25 Other Costs: David Duell, Prothono ary (Seal) By: Deputy REQUESTING PARTY: Name: Carol L. Verish, Esq. Address: Serratelli, Schiffman, & Brown, P. C., 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110-9670 Attorney for: Plaintiff Telephone: 717-540-9170 Supreme Court ID No. 91284