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HomeMy WebLinkAbout14-3663 ' Supreme Court of Pennsylvania Court,W ComrfI,on Pleas '�" r '1' For Prothonotary Use Only: Civil�Cov�e>I�Sheet Cmberlandr; county Docket No: V rf Sj The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0Complaint ❑ Writ of Summons El Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: .I. Orrstown Bank Nancy Shenk, Administratrix of the Estate of Ho I Q Check here if you are a Self-Represented (Pro Se) Litigant 0 Name of Plaintiff/Appellant's Attorney:Markian R. Slobodian, Esq. N Are money damages requested? : ❑Yes R No Dollar Amount Requested: Elwithin arbitration limits A (Check one) —0_outside arbitration limits Is this a Class Action Suit? ❑ Yes 0 No 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 ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include E] Staiutory Appeal:Other E mass tort) Employment Dispute: Slander/Libel/Defamation Discrimination El ❑ C ❑ Other: Employment Dispute:Other T Judicial Appeals ❑ MDJ-Landlord/Tenant I ❑ Other: ❑ MDJ-Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment E] Other: J El Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑X Mortgage Foreclosure _ S ' Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P.205.5 212010 s i 1 ORRSTOWN BANK, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENN YLVANIA V. : NO. `"-` ' NANCY SHENK,,Administratrix of _ the Estate of H.William Bolen, , Deceased :MORTGAGE FORECLOSURE �� s Defendant4F _ NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following page's,you must take action within twMV (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,may the court without further notice for any 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 tom YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle,PA 17013 1-800-990-9108 I Markian R.Slobodian,Esq. I.D. #41075 801 North Second Street Harrisburg,PA 17102 - 717/232-5180 6 ' r 1 j Counsel for Orrstown Bank Dated: ! '2 7S 00 3b7*6 � � I li ORRSTOWN BANK, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. NANCY SHENK,Administratrix of the Estate of H.William Bolen, Deceased ' :MORTGAGE FORECLOSURE Defendant COMPLAINT NOW COMES,Plaintiff,Orrstown Bank, ("Orrstown")by its counsel,The Law Offices of I Markian R.Slobodian,and files the following Complaint in mortgage foreclosure against I Defendant Nancy Shenk, ("Shenk")Administratrix of the estate of H.William Bolen,Deceased (`Bolen"): 1. Plaintiff,,Orrstown,is a banking institution,having a principal office at 77 East King Street,Shippensburg,Pennsylvania 17257. i 2. Defendant Shenk is an adult individual having a last known address of 1820 Mountain Road,Newburg,Cumberland County,PA 17240. 3. Defendant Shenk is the Administratrix of the estate of H.William Bolen,deceased, having been granted Letters of Administration by the Recorder of Wills of Cumberland County Pennsylvania on April 30,2014. 4. On or about March 25,1996,in connection with a certain loan to Bolen by Orrstown, Bolen made,executed,and delivered to Orrstown a certain Promissory Note(the"Note") in the initial amount of Forty One Thousand Six Hundred Fifty Dollars and 00/100($41,650.00),payable to Orrstown with an initial interest rate of 5.875% per annum for the first twelve(12)payments, payable in monthly installments in the amount of$295.40 each due no later than the 29t'of each month commencing on April 29,1996;and 228 payments,payable in monthly installments in the I i y initial amount of$343.16 each due no later than the 29"of each month commencing on April 29, 1997,with interest calculated on the unpaid principal balances at.an interest rate of 2.750 percentage points over the index. A true and correct copy of the Note is attached hereto and incorporated herein as Exhibit"A". 5. As security for Boleri s obligation under the Note,on or about March 25,1996,Bolen made,executed,and delivered to Orrstown a mortgage (the"Mortgage") granting to Orrstown a first lien on Boleri s real property located at 1831 Mountain Road,Newburg,Cumberland County, -PA 17240,which real property is more fully described in the Mortgage. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit"B" 6. The Mortgage was duly recorded on March 29,1996 by the Recorder of Deeds of i Cumberland County,Pennsylvania in Record Book 1310,Page 384. 7. Bolen defaulted on his obligations under the terms of the Note by failing to make monthly payments when due. 8. Bolen died on January 22,2014. 9. On April,30,2014,Orrstown mailed to Bolen and to Shenk a Notice of Homeowners' I Emergency Mortgage Assistance Act of 1983 in accordance with Pennsylvania Act 91 of 1983. A true and correct copy of the Notice and proof of mailing is attached hereto and incorporated herein as Exhibit"C'. 10. Neither!Bolen nor Shenk has contacted Orrstown or a consumer credit counseling agency as provided in the Act 91 Notices. 11. Orrstown has not received notice that Bolen or Shenk has filed an application with a the Homeowners' Emergency Mortgage Assistance Program. I 12. Bolen is liable to Orrstown for the entire amount due on the Note. 13. The following amounts are due on the Note: 2 1 C . i a. Balance of principal(as of 06/02/14): $ 6,956.43 b. Interest at 2.875% per annum through 06/02/14 ($.45709 per diem): $ 65.00 c. Late charges accrued through 06/02/14: $ 41.43 d. Satisfaction fee: $ 55.00 e. Attorneys'fees (as authorized by Note& Mortgage): To Be Added TOTAL as of June 2, 2014 $ 7,117.86* *Plus attorneys' fees as authorized by the Note&Mortgage,plus interest at the contract rate of 2.875% per annum commencing June 3, 2014 to the date of judgment. 14. Orrstown releases Shenk in her individual capacity and all heirs and devisees of Bolen from any personal liability for the debt secured by the mortgage. WHEREFORE,Plaintiff,Orrstown Bank, demands judgment in mortgage foreclosure against Shenk in the i'amount of$7,117.86,plus attorneys' fees, plus the following amounts accruing starting June 2, 2014: a. Interest at rate specified in the Note,2.875% per annum,from June 2,2014 to date of judgment; b. Post judgment interest at the statutory rate;_and c. Additional attorneys' fees hereinafter incurred,plus costs of suit. Respectfully submitted, MAR IAN R. SLOBODIAN,ESQ. I.D. #41075 801 North Second Street Harrisburg,PA 17102 717/232-5180 Dated: �, ��6 f Yii Attorneys for Orrstown Bank i 3 I I i VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to I authorities, I hereby certify that I am Assistant Vice-President of Orrstown Bank,that 1 am authorized to verify this Complaint on its behalf and,further,that the facts set forth in the foregoing Complaint are true and correct to the best of my inform and belief. AAAA A ll� Linda K. Mowen, Assistant Vice President Orrstown Bank I ii I R I I I I 4 r EXHIBIT "A" H r PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit thea Ifcabtlity of this document to any particular loan or Item. BOrrOWer: H.WILLIAM BOLEN (SSN: ;��� Lender: Orrstown Bank 1831 MOUNTAIN RD, Lurgan Avenue Office NEWBURG,PA .7240 P.O.Box 250 77 East King Street Shippensburg,PA 17257 Principal Amount: $41,650.00 Date of Note: March 25, 1996 PROMISE TO PAY. 1 promise to pay to Orrstown Bank ("Lender"),or order, in lawful money of the United States of America, the principal amount of Forty One Thousand Six Hundred Fifty&00/100 Dollars($41,650.00),together with Interest on the unpaid principal balance from March 29,1996,until paid in full. The Interest rate will not increase above 11.875%. sc edu PAYMENle: Subject to any payment changes resulting from changes in the Index,I will pay this loan in accordance with the following payment 12 consecutive monthly principal and Interest payments of$295.40 each,beginning April 29,1996,with interest calculated on the unpaid principal balances at an Interest rate Of 5.875% per annum; and 226 consecutive monthly principal and Interest payments in the initial amount of$343.16 each, beginning April 29, 1997,with interest calculated on the unpaid principal balances at an interest rate of 2.750 percentage points over the Index described below. My final payment will be due on March 29, 2016 and, will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. Interest on this Note is computed on a 30/360 simple interest basis;that is,with the exception of odd days in the first payment period,monthly interest is calculated by applying the ratio Of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days is calculated on the basis of the actual days to the next full month and a 360-day year. I will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. 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. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Weekly average yield on the United States Treasury Securities.(the"Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan,Lender may designate a substitute index after notice to me. Lender will tell me the current Index rate upon my request. I understand that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each Year. The Index currently Is 5.150%per annum. The interest rate on this Note will be based on the Index value plus a margin,rounded to the nearest .125 percent. The interest rale or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth above in the "Payment"section. Notwithstanding any other provision of this Note,the variable Interest rate or rates provided for in this Note will be subject to the following maximum rate. NOTICE: Under no circumstances will the interest rate on this Note be more than the lesser of 11.875% per annum or the maximum rate allowed by applicable law. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 2.000 percentage points. Unless waived-by Lender, any Increase In the interest rate will increase the amounts of my payments. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of.the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default),except as otherwise required by law. Except for the foregoing, I may pay without penalty allora portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather,they will reduce the principal balance due and may result in me making fewer payments. LATE CHARGE. If a payment is 16 days or more late,I will be charged 5.000%of the regularly scheduled payment. DEFAULT. I will be in default if any of the following happens: (a) I fail to make any payment when due. (b) I break any promise I have made to Lender, or I fail to comply with or to perform when due any other term, obligation,covenant, or condition contained in this Note or any agreement related to this Note,or in any other agreement or loan I have with Lender. (c)Any representation or statement made or furnished to Lender by me or on my behalf is false or misleading in any material respect either now or at the time made or furnished. (d) I die or become insolvent,a receiver is appointed for any part of my property,I make an assignment for the benefit of creditors,or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. (e)Any creditor tries to take any of my property on or in which Lender has a lien or security interest. This includes a garnishment of any of my accounts with Lender. (f)Any of the events described in this default section occurs with respect to any guarantor of this Note. If any default,other than a default in payment,is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve(12)months,it may be cured (and no event of default will have occurred)if I,after receiving written notice from Lender demanding cure of such default: (a)cure the default within fifteen(15)days;or (b)if the cure requires more than fifteen(15)days,immediately Initiate steps which Lender deems in Lender's sole,discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical, LENDER'S RIGHTS. Upon default,Lender may,after giving such notices as required by applicable law,declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due,and then l will pay that amount. Lender may hire or pay someone else to help collect this Note if I do not pay. I also 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 and legal expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services. If not prohibited by applicable law,I also will pay any court costs,in addition to all other sums provided by law. If judgment is entered in connection with this Note,interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the'time judgment is entered. This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there is a lawsuit,1 agree upon Lender's request to submit to the jurisdiction of the courts of Franklin County,the Commonwealth of Pennsylvania This Note shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. I grant to Lender a contractual possessory security interest in,and hereby assign,convey,deliver,pledge,and transfer to Lender all my right, title and interest in and to, my accounts with Lender(whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts I may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. I authorize Lender,to the extent permitted by applicable law,to charge I 03-25-1996 PROMISSORY NOTE Page 2 Loan No (Continued) or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by a Mortgage dated March 25, 1996, to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania,all the terms and conditions of which are hereby incorporated and made a part of this Note. GENERAL PROVISIONS. Lender may delay or forgo,gnforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note,and unless otherwise expressly stated in writing,no party who signs this Note,whether as maker, guarantor,accommodation maker or endorser,shall be released from liability. All such parties agree that Lender may renew or extend(repeatedly and for any length of time)this loan,or release any party or guarantor or collateral;or impair,fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. I AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: H.WILLIAM BOLEN Variable Rate. Installment. LASER PRO,Reg.U.S.Pat.&T.M.Off.,Ver.3.201b(c)1996 CFI ProServices,Inc. All rlghtsreserved.[PA-D20 E3.21 F3.21 P3.21 465.LN R1.OV1-I i I i I 1 I 1 I I I 1 I EXHIBIT "B" RECORDATION REQUESTED BY: Orrstown Bank P.O.Box 260 7; L 1 77 East King Street Shippensburg,PA 17257 R r C D it D E R OF CE;DS "!,il-'tRL�'1D COUNTY-P"WHEN RECORDED MAIL TO: �t Orrstown Bank '90 I ifl'� 29 RM f 11 20 P.O.Box 250 J 77 East King Street Shippensburg,PA 17257 SPACE ABOVE THIS UNE JS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED MARCH 25, 1996,between H.WILLIAM BOLEN,whose address is 1831 MOUNTAIN RD., NEWBURG, PA 17240 (referred to below as "Grantor"); and Orrstown Bank, whose address Is P.O. Box 250,77 East King Street,Shippensburg,PA 17257(referred to below as"Lender"). GRANT OF MORTGAGE. For valuable consideration,Grantor grants,bargains,sells,conveys,assigns,transfers,releases,confirms and mortgages to Lender all of Grantor's right,title,and interest in and to the following described real property,together with all existing or subsequently erected or affixed buildings, Improvements and fixtures;all streets,lanes,alleys,passages,and ways;all easements, rights of way,all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto;all water,water rights,watercourses and ditch rights(Including stock in utilities with ditch or irrigation rights);and all other rights,royalties,and profits relating to the real property,including without limitation all minerals,all,gas,geothermal and similar matters,located in CUMBERLAND County,Commonwealth of Pennsylvania(the"Real Property"): See attached The Real Property or its address is'corrimonly known as 1831 MOUNTAIN RD.,NEWBURG,PA 17240. Grantor presently assigns to Lender all of Grantor's right,title,and interest in and to all 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. DEFINITIONS.The following words shall have the following meanings when used in[his Mortgage. Terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Grantor.The word"Grantor"means H.WILLIAM BOLEN. The Grantor Is the mortgagor under this Mortgage. Guarantor. The word"Guarantor"means and Includes without limitation each and all of the guarantors,sureties,and accommodation parties in connection with the Indebtedness. Improvements. The word"Improvements"means and includes without limitation 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 and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses Incurred by Lender to enforce obligations of Grantor under this Mortgage,together with interest on such amounts as provided in this Mortgage. Lender.The word"Lender'means Orrstown Bank,its successors and assigns. The Lender is the mortgagee under this Mortgage. Mortgage. The word"Mortgage"means this Mortgage between Grantor and Lender,and includes without limitation all assignments and security interest provisions relating to the Personal Property and Rents. Note. The word"Note"means the promissory note or credit agreement dated March 25,1996,in the original principal amount of $41,650.00 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 March 29,2016. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words"Personal Properly"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 211 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 property,interests and rights described above in the"Grant of Mortgage"section. Related Documents. The words 'Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements,environmental agreements,guaranties,security agreements,mortgages,deeds of trust,and all other Instruments,agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word"Rents"means all present and future rents,revenues,income,issues,royalties,profits,and other benefits derived from the Property. THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (1)PAYMENT OF THE INDEBTEDNESS AND (2)PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. 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 Grantors obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantors possession and use of the Property shall be governed by the following provisions: Possession and Use. Until In default,Grantor may remain in possession and control of and operate and manage the Property and 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. Hazardous Substances. The terms"hazardous waste,""hazardous substance,""disposal,""release,"and"threatened release,"as used in this Mortgage,shall have the same meanings as set forth in 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. N0.99-499 ("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 to any of the foregoing. The terms "hazardous waste"and"hazardous substance"shall also include,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a)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 waste or substance by any person on, under,about or from the Property; (b)Grantor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lender in writing, (f)any use,generation,manufacture,storage,treatment,disposal,release,or threatened release of any hazardous waste or substance on,under,about or from the Property by any prior owners or occupants of the Property or (II)any actual or threatened litigation or claims of any kind by any person relating to such matters;and (c)Except as previously disclosed to and acknowledged by Lender in writing, (i)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 waste or substance on,under,about or from the Property and Cil)any such activity shall be conducted in compliance with all applicable federal,state,and to l 111,1W PAGE sordinances,including without limitation those laws, 01-25-1.996 MORTGAGE Page 2 Loan No (Continued) regulations,and ordinances described above. 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 waste and hazardous substances. Grantor hereby (a)releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws,and (b)agrees to Indemnify 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 Umber,minerals(including oil and gas),soil,gravel or rock products without the prior written consent of I nnd— Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. 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 feast equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws,ordinances,and regulations,now or hereafter in effect,of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance,or regulation and withhold compliance during any proceeding,including appropriate appeals,so long as Grantor has 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 nor 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 its option,declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer,without the 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 therein;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 Real Property interest. if any Grantor is a corporation,partnership or limited liability company,transfer also includes any change in ownership of more than twenty-five percent(25%)of the voting stock,partnership Interests or limited liability company interests, as the case may be,of Grantor. 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 a 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 all liens having priority over or equal to the interest of Lender under this Mortgage,except for the Ken of taxes and assessments not due,and except as otherwise provided in the following paragraph. Right To Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation to pay,so long as Lender's Interest in the'Property is not jeopardized. If a lien arises or Is filed as a result of nonpayment,Grantor shall within fifteen (15)days after the lien arises or,if a lien is filed,within fifteen(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 thetlen plus any costs and attorneys'fees or other charges that could accrue as a result of a foreclosure or sale under the lien. in any contest,Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property., Notice of Construction. Grantor shall notify Lender at least fifteen(15)days before any work is commenced,any services are furnished,or any materials are supplied to the Property,If any mechanic's lien,materialmen's lien,or other lien could be asserted on account of the work,services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE.The following provisions relating to insuring the Property are a part of this Mortgage. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause,and with a standard mortgagee clause In favor of Lender. 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 insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be Impaired in any way by any act,omission or default of Grantor or any other person. Should the Real Property at any time become 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,to the extent such insurance is required by Lender and Is or becomes available,for the term of the loan and for the full unpaid principal balance of the loan,or the maximum limit of coverage that is available, whichever is less. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss it Grantor fails to do so within fifteen(15)days of the casualty. Whether or not Lender's security is impaired,Lender may,at its election,apply the proceeds to the reduction of the Indebtedness,payment of any lien affecting the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair.Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall,upon satisfactory proof of such expenditure,pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default hereunder. 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 prepay 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. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of,and pass to,the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held under the provisions Of this Mortgage,Or at any foreclosure Sale Of Such Property. TAX AND INSURANCE RESERVES. Upon request by Lender and subject to applicable law,Grantor shall pay to Lender each month on the day payments are due under the Note until the Note is paid in full,a sum("Escrow Funds")equal to one-twelfth of (a)all annual taxes,special taxes, assessments,water charges and sewer service charges levied against or on account of the Property and (b)annual premiums for policies of fire insurance with all risks standard extended coverage required under this Mortgage("Escrow Items"). Lender may estimate the amount of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds,analyzing the account,or verifying the Escrow Items, unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires Interest to be paid,Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. If the amount of the Escrow Funds held by Lender,together with the future monthly payments of Escrow Funds prior to the due dates of the Escrow Items,shall exceed the amount required to pay the Escrow Items when due,the excess shall be,at Grantor's option,either promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. If the amount of the Escrow Funds held by Lender is not sufficient to pay the Escrow Items when due,Grantor shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage,or if any action or proceeding is commenced that would materially affect Lender's interests in the Property,Lender on Grantor's behalf may,but shall not be required to,take any action that Lender deems BOOK130PAGE 385 I 0,1-25-1996 MORTGAGE page 2 Loan No (Continued) regulations,and ordinances described above. 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 Proparty for hazardous waste and hazardous substances. Grantor hereby (a)releases and waives any future claims against Lender for Indemnity or contribution in the event Grantor becomes fable for cleanup or other costs under any such laws,and (b)agrees to indemnify 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 indemnify,shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the fen of[his 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),soil,gravel or rock products without the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. 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 its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to Inspect the 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 an governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance,or regulation and withhold compliance during any proceeding,Including appropriate appeals,so long as Grantor has 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 nor leave unattended the Property. Grantor shall do an 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 its option,declare Immediately due and payable an sums secured by this Mortgage upon the sale or transfer,without the 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 coriveyance of Real Property or any right,title or Interest therein;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 Real Property interest. If any Grantor is a corporation,partnership or limited liability company,transfer also Includes any change in c(vnershlp of more then twenty-five percent(25%)of the voting stock,partnership interests or limited liability company interests, as the case may be,of Grantor. However,this option shag 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 a part of this Mortgage. Payment. Grantor shag aY pay when due(and In all events prior to delinquency)all taxes,payroll taxes,special taxes,assessments,wafer charges and sewer service charges levied against or on account of the Property,and shell pay when due all claims for work done on or for services rendered or materiaffurnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Mortgage,except for the lien of taxes and assessments not due,and except as otherwise provided in the following paragraph. Right To Contest.iGrantor may withhold payment of any lax,assessment,or claim in connection with a good faith dispute over the obligation to pay,so long as Lenders Interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment.Grantor shall within fifteen (15)days after the fen arises or,if a lien Is filed,within fifteen(15)days after Grantor has notice of the firing,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 He 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,Grantoi shall defend itself and Lender and shell satisfy arty adverse judgment before enforcement against the Property. Grantor shaft name Lender as an.additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property., Notice of Construction. Grantor shall notify Lender at least fifteen(15)days before any work is commenced,any services are furnished,or any materials are supplied to the Property,if any mechanic's lien,materialmen's lien,or other lien could be asserted on account of the work,services, or materials. Grantor win 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 free Insurance with standard extended coverage endorsements on a replacement basis for the fug insurable value covering all Improvements on the Real Property in an amount sufficient to Ovoid application of any coinsurance clause,and with a standard mortgagee clause in favor of Lender. Policies shall be written by such Insurance companies and in such 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 insurer's fiability;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 at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special food hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance,to the extent such Insurance is required by Lender and is or becomes available,for the term of the loan and for the full unpaid principal balance of the loan,or the maximum limit of coverage that is available, whichever Is less. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Properly. Lender may make proof of loss it Grantor fails to do so within fifteen(15)days of the casualty. Whether or not Lender's security is impaired,Lender may,at its election,apply the proceeds to the reduction of the Indebtedness,payment of any lien affecting the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair.Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shah,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 hereunder. 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 prepay acbrued Interest,and the remainder,It 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. Unexpired Insurance at Sale. Any unexpired Insurance shall inure to the benefit of,and pass to,the purchaser of the Property covered by this Mortgage at any trustee's safe or other isale held under the provisions of this Mortgage,or at any foroolfisure sale of such Property. TAX AND INSURANCE RESERVES. Upon request by Lender and subject to applicable law,Grantor shall pay to Lender each month on the day payments are due under the Note until the Note is paid in full,a sum("Escrow Funds')equal to one-twelfth of (a)all annual taxes,special taxes, assessments,water charges and sewer service charges levied against or on account of the Property and (b)annual premiums for policies of fire insurance with all risks standard extended coverage required under[his Mortgage('Escrow Items'. Lender may estimate the amount of Escrow Funds on the bas's of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds,analyzing the account,or verifying the Escrow Items, unless Lender pays Grantor interest on the'Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shaft be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid.Lender shall not be required to pay Grantor any Interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. If the amount of the Escrow Funds held by Lender,together with the future monthly payments of Escrow Funds prior to the due dates of the Escrow Items,shall exceed the amount required to pay the Escrow Items when due,the excess shag be,at Grantor's option,either promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. If the amount of the Escrow Funds held by Lender is not sufficient to pay the Escrow Items when due,Grantor shall pay to Lender any amount necessary to make up the deficiency In one or more payments as required by Lender. EXPENDITURES BY LENDER. If Grantor tails to comply with any provision of this Mortgage,or if any action or proceeding is commenced that would materially affect Lender's interests in the Property,Lender on Grantor's behalf may,but shall not be required to,take any action that Lender deems BoodUO PAGE. 385 6 � 03-26-1996 MORTGAGE Page Loan No (Continued) 9 3 appropriate. Any amount that Lender expends In so doing will bear Interest at the rate provided for In the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses,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 (i)the term of any applicable insurance policy or (5)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. This Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that It otherwise would have had. Grantors 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 fifle 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 tills rn rhe am—,4,,a� ;—,,6.. - ..._ e-..._....,, i 'bl'�M1s'OT all"persi)n's: In-tfie event any action or prdceeding is commenced that questions Grantor's title or the interest of Lender under This Mortgage,Grantor shall defend the action at Grantors 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 Grantors use of the Property complies with all existing applicable laws, ordinances,and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs,expenses,and attorneys'fees incurred by Lender In connection with the condemnation. 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 as may be requested by it from time to lime to permit such participation. 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 shell 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: (a)a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (b)a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c)a tax on this type of Mortgage chargeable against the Lender or the holder of the Note;and (d)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(as defined below),and Lender may exercise any or all of Its avallable remedies for an Event of Default as provided below unless Grantor either (a)pays the tax before it becomes delinquent,or (b)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 or other personal property,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender,Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue 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 shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three(3)days after receipt of written demand from Lender. Addresses. The mailing addresses of Grantor(debtor)and Lender(secured party),from which information concerning the security interest granted by this Mortgage may be obtained(each as required by the Uniform Commercial Code),are as stated on the first page of this Mortgage. FURTHER ASSURANCES;ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Mortgage. Further Assurances. At any time,and from time to fime,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 sots opinion of Lender,be necessary or desirable in order to effectuate,complete,perfect,continue,or preserve (a)the obligations of Grantor under the Note,this Mortgage,and the Related Documents,and (b)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 agreed to the contrary by Lender in wrifing,Grantor shall reimburse Lender for all costs and expenses Incurred in connection with the matters referred to in this paragraph. - Atlorney-In-Fact. 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 appoints Lender as Grantors atlomey-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. 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 Lenders 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. DEFAULT. Each of the following,at the option of Lender,shall constitute an event of default CEvent of Oerauir)under this Mortgage: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the fime 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. Compliance Default. Failure of Grantor to comply with any other term,obligation,covenant or condition contained in this Mortgage,the Note or in any of the Related Documents. False Statements. Any warranty,representation or statement made or furnished to Lender by or on behalf of Grantor under.this Mortgage,the Note or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished. Defective Collateralization.This Mortgage or any of the Related Documents ceases to be in full force and effect(including failure of any collateral documents 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 Grantors 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. Foreclosure,Forfeiture,etc. 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 of the Property. However,this subsection shall not apply BooK1310nGE 386 03-25.4r995 MORTGAGE Page a Loan No (Continued) in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefelture proceeding,provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surely bond for the claim satisfactory to Lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that Is not remedied within any grace period provided therein,including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. Lender,at Its option,may,but shell not be required to,permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender,and,in doing so,cure the Event of Default. Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve(12)months, it may be cured (and no Event of Default will have occurred)if Grantor,after Lender sends written notice demanding cure of such failure: (a)cures the failure within fifteen(15)days;or (b)if the cure requires more than fifteen(15)days,immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessarysteps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Lender,at Its 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. Subject to applicable law,Lender shall have the right at Its option without notice to Grantor to declare the entire Indebtedness Immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Properly,Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right,without notice to Grantor,to take possession of the Property and collect the Rents,including amounts past due and unpaid,and apply the net proceeds,over and above Lender's costs,against the Indebtedness. In furtherance of this right,Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney—in—fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made,whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either in person,by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale,and to collect the Rents from the Property and apply the proceeds,over and above the cost of the receivership,against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudiciai 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 nonjudicial 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 (a)pay a reasonable rental for the use of the Property,or (b)vacate the Property Immediately upon the demand.of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law,Grantor hereby waives any and all right to have the property marshalled. In exercising its rights and remedies,Lender shall be free to sell all or any part of the Property together or separately,in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender 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 shag mean notice given at least ten(10)days before the time of the sale or disposition. Waiver;Election of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise Its remedies under this Mortgage. Attorneys'Fees;Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage,Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and on any appeal. Whether or not any court action is involved,all reasonable expenses incurred by Lender 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 from the date of expenditure until repaid at the rate provided for in the Note. Expenses covered by this paragraph include,Without limitation,however subject to any limits under applicable law, Lender's attorneys'fees and Lender's.legal expenses whether or not there is a lawsuit,including attorneys'fees 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 all other sums provided by law. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law,any notice under this Mortgage shall be in writing, may be be sent by lelefacsimgle,and shall be effective when actually delivered,or when deposited with a nationally recognized overnight courier,or,it mailed,shall be deemed effective when deposited in the United States mail first class,certified or registered mail,postage prepaid,directed to the addresses 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 partys address. 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. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. 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. Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. This Mortgage shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 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. Merger. There shall be no merger of the interest or estate created by ihis Mortgage wish 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. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be invalid or unenforceable as to any person or circumstance,such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible,any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity;however,if the offending provision cannot be so modified,it shalt be stricken and all other provisions of this Mortgage in all other respects shall remain valid and enforceable. Successors and Assigns. Subject to the limitations stated in this Mortgage on transfer of Grantor's Interest,this Mortgage shall be binding upon and inure to the benefit of the parties,their heirs,personal representatives,successors and assigns. If ownership of the Property becomes vested in a person other than Grantor,Lender,without notice to Grantor,may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. noxIM PA13F. 387 03-25-1996 MORTGAGE ' Loan No (Continued) Page 5 Time Is of the Essence. Time is of the essence in the performance of this Mortgage, Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage(or under the Related Documents)unless such waiver Is in writing and signed by Lender. No delay or omission on the part of Lender in exercising arty right shall operate as a waiver of Such right or any other right. A waiver by any party of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. 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 any of Grantor's obligations as to any future transactions. Whenever consent by Lender is required in 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. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND GRANTOR AGREES TO ITS TERMS. GRANTOR: H.WILLIAM BOLEN Signed,acknowledged and delivered in the presence of: X�y C Witness X Witness 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,Orrstown Bank,herein Is as follows: P.O.Box 250,77 East King Street,Shippensburg,PA 17257 I �( Altwnnee ,rAgent ffor�lortgegee - t INDIVIDUAL ACKNOWLEDGMENT•-. STATE OF � )SS COUNTY OF. �`_' ^�N On this, the 2S day of 1996 , before me T r A' 11"r--a-S. the undersigned Notary Public, personally appeared H.WILLIAM BOLEN,known to me(or satisfactorily proven)to bgfNlt�atd whose name is subscribed to the within instrument,and acknowledged that he or she executed the same for the purposes therein cgfte In witness whereof-i heroru+tg ct+t mV hand ana offtclal seal. \�666.�w•,• d�1., Notwial Seal Fc psi N.Myers,Notary Pubws Sr pi3mljp4onTwp.,Frzfrl nGN3rfy MycommissionExphesDaa11,1997 I Notary Public fnand�AIhg13iate' LASER PRO,Reg,U.S.Pat,5T.M.Off.,Ver.3.20e(c)1005 CF1 ProServlces,Inc.All rights reserved.IPA-G03 E3.21 Fa21 P3.21485.LJ.(j. Pte' I I I eoor1330eaGE 388 i .. N EXHIBIT A ALL the following described real estate lying and being situate in Upper Mifflin Township, Cumberland County, Pennsylvania,more particularly described as follows: BEGINNING at a point in LR 21042, known as Swartz Road; thence North 29 degrees 6 minutes 37 seconds East 166.97 feet to a point at corner of lands now or formerly of Donald M Kail; thence by said lands now or formerly of Donald M. Kai],North 55 degrees 20 minutes 26 seconds East 21.5 feet to a point;thence South 34 degrees 39 minutes 34 seconds East 397.75 feet to a point at corner of lands formerly of Shippensburg University Foundation; thence by lands formerly of Shippensburg University Foundation, South 56 degrees 39 minutes West 182.83 feet to a point in LR 21042; thence with LR 21042,North 33 degrees 21 minutes West 22.5 feet to a point by the same,North 30 degrees 9 minutes West 160.15 feet to a point;thence by the same,North 36 degrees 50 minutes West 50.83 feet to a point;thence by the same,North 45 degrees 4 minutes West 42.69 feet to a point;thence by the same,North 51 degrees 12 minutes West 47.28 feet to a point,the place of beginning. BEING designated as Lot 1,containing 1.13 acres as shown on draft of survey prepared by Larry V. Neidlinger, R.S., dated October 21, 1990, entitled "Final Subdivision Plan for Shippensburg University." and being the remainder of a larger tract of land. BEING the same which Orrstown Bank,Executor of the Estate of Annabel H. Eisenberg,by deed dated March 28, 1995,recorded in Cumberland County,Pennsylvania, Deed Book 120,Page 1011, conveyed to H.William Bolen,Mortgagor herein. Property address 1831 Mountain Road,Newburg, PA 17240 Tax Parcel No. 44-070491-005A f I x .ryj . .z.,�,.-�?(''•'i=8�?F%�, 1�fr�• Q••r e�°��`'1i��:;{'�=,Y•.1�`•a,�/�9kTY��,'.t�.'. ,�.. .,i•' :??'FP "t`>.�.}-,� ih::_:'' 'ar'R'y..:Vit; ;e,�.. ,• 1 f5' � iii':vr'. 1•+��'�. ,1�.. �„ ,�•7�,"' •. '€'3 a,''tc3 s"'03CO"C1d s {3 "3 ;'s. �1 �ti., t, �t ,.It. {¢/jj\!`f 41.''✓9t acti�'. f...Of.?L m7irk-h �' r! Pao 1310 PAGE 389 i I EXHIBIT "C" r ORRSTOWNBANK A Tradition of Excellence April 30, 2014 9171 9690 0935 0008 5071 71 9171 9690 0935 0008 5071 95 H. William Bolen 1819 Mountain Rd. Newburg, PA 17240-9119 9171 9690 0935 0008 5071 88 Nancy Shenk 1820 Mountain Rd. Newburg, PA 17240 Mooney&Associates Janice Durbin 230 York Street Hanover, PA 17331 A( T 9 1 N'0 0"T I(;`E U&N ff Is TAOF%'O'E A"TIONNO Tv" SAVE `Yff 0 U R OHN 0 M E FM &0% O%W% '0% OF& N a P% MUM FU This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): H. William Bolen PROPERTY ADDRESS: 1831 Mountain Rd., Newburg, PA 17240-9119 LOAN ACCT. NO.: 1020002561 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counselinq agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing .Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARILY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT — The MORTGAGE debt held by the above lender on your property located at: 1831 Mountain Rd., Newburg, PA 17240-9119 IS IN SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:_February 28th payment of $276.29, March 28th payment of $276.29 and April 28, 2014 payment of$276.29 totaling $828.87. Other charges (explain/itemize): LATE CHARGES--$27.62 TOTAL AMOUNT PAST DUE: $856.49 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 856.49 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: LINDA MOWEN 2695 Philadelphia Avenue Chambersburg, PA 17201 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON — The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by payingthe total amount then past dueplus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLESHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: 2695 Philadelphia Avenue Chambersburg, PA 17201 Phone Number: (717) 709-3033 Fax Number: (717) 264.3154 Contact Person: Linda Mowen E-Mail Address: ImowenCcD-orrstown.com. EFFECT OF SHERIFF'S SALE — You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: i YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. In accordance with the'Fair Debt Collection Practices Act, Title 15 U.S.C. 1692(8), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If,you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. Sincerely, ORRSTOWN BANK Linda K. Mowen Assistant Vice President Borrower's Assistance Dept. NMLS#11243 SENT VIA REGULAR AND CERTIFIED MAIL Cc: PHFA 211 N 'Front St Harrisburg PA 17101 i i I i I CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Advantage Credit Counseling Service/ CCCS of Western Pennsylvania, Inc. PHFA 2000 Linglestown Road, Ste 302 211 North Front Street Harrisburg, PA 17102 Harrisburg, Pa. 17101 (888) 511-2227 (717) 780-3940 or 800-342-2397 Community Action Comm. of Capital Region PA Interfaith Community Programs, Inc. 1514 Derry Street 40 E. High Street Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 (717) 334-1518 Marantha PathStone Corporation 43 Philadelphia Ave. 2150 Carlisle Road Waynesboro, PA 17268 Aspers, PA 17304 (717) 762-3285 (717) 677-6150 Base, Inc. Housing Alliance of York/Y 447 South Prince Street Housing Community Lancaster, PA 17603 290 West Market Street (717) 392-5467 York, Pa. 17401 (717)-855-2752 PathStone Corporation PathStone Corporation 1625 North Front Street 450 Cleveland Ave. Harrisburg, PA 17102 ! Chambersburg, PA 17201 (717) 234-6616 1 (717) 264-5913 Advantage Credit Counseling Service Tabor Community Services, Inc. CCC of Western PA 308 E. King Street, Suite 1 55 Clover Hill Road Lancaster, PA 17601 Dallastown, PA 17313 (717) 397-5182 or (800) 788-5062 (888) 511-2227 American Credit Counseling Institute 227 E. Chestnut Street, 1st Floor Coatesville, PA 19320 (888) 212-6741 UNITED STATES _.._.. .__...._ ......._........�.. __.._.... - .._.__.._..- ..__.. . _........_ _-....__..._._.__..-- ..__._......._._...._....._......... __... hOST/�L SERV/tE Date: May 8, 2014 Mooney Associates: The following is in response to your May 8, 2014 request for delivery information on your Certified MaiITM item number 9171969009350008507171. The delivery record shows that this item was'delivered on May 1, 2014 at 2:06 pm in HANOVER, PA 17331. The scanned image of the recipient information is provided below. Signature of Recipient ®d Address of Recipient : _ KY Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service i j i i I i i UNITED STATES _._..._ ..._.__.........._.,.....................1..1.1.1_.-....................__. .__._,._....., ...... ------__...-._-_......_.__..-_-_.----------------------__..--111_____1.._.__... _1111. POSTAL SERVICE. I Date: May 8, 2014 I Nancy Shenk: The following is iniresponseto your May 8, 2014 request for delivery information on your Certified MaiITM item number 9171969009350008507188. The delivery record shows that this item was :delivered on May 1, 2014 at 11:55 am in NEWBURG, PA 17240. The scanned image ofithe recipient information is provided below. Signature of Recipient t5 45 i Address of Recipient ry Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. I Sincerely, United States Postal Service i I i i i i i i I I UNITED STATES I�OST/1L SERVICE. ,I Date: May 8, 20141 H William Bolen: i I The following is in response to your May 8, 2014 request for delivery information on your Certified MailTm item number 9171969009350008507195. The delivery record shows that this item was delivered on May 2, 2014 at 12:36 pm in NEWBURG, PA 17240. The scanned image of the recipient information is provided below. _ Doitvery section Signature of Recipient 7" Address of Recipient Thank you for selecting the Postal Service for your mailing needs. i If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service i F i I 1 1 1 ( 4 Gi o b ' x UNIT -1 LO MSTI( POSrdt SEEDSrd7E5RV10Ee Certificate Mailir . V.. •s lgfwtUum^: ..:%'.,F cbrdMr•rr:•.arr.-inU -111.1.11a Tn:}iCf—rv.—Y Lx.0 ul.r cor-;fa;i eCO 2695 pitiiade �' o ffl M': ?5;: ambers urg, PA 17201_ oN O `" : To p^p InO2 0 it PS Form 3817.Apr1 2007 PSN 7530.02.000-4065 5D -I .N�!.`.' UNr7EDSTdr- LQ5S MITIG UHr�STdr£S LOS dT- o "AW .SERYrcE• Certificate Of Hrr, Of a :c....«zusnara„ -rc,.c..,.a. �POSTdtSERYKE• Certi t. °_ r rM1 ,a, .o ;:'.YN/f51:VG�^Tm L `n}INn• C/G 'o�C .. ,rr.Y nn ,anU.1V Uc-.' kt.n +, c., s x.ta N ar •./sr; d 177 ioT lir i, n•x l T•.•t C..n,:t.U.s IUt°' }.5'1T l��YiYJ•-n1. ':n C , ORRS 'OB2 V) o 2595 PI-Wo.del hia Ave. a� ov � ` '' o ry y ,ChambersburgPA 1720 0 ^' 2v rc tJ JTG. S.� f UNi O CD T. SO L{ s J (a {p c - ff I PS Fam 3817,April 2007 PSN 7530-02.000.9065 _ PS Form 3617,AprR 2007 PSN 7530.02-000-4065 ,. VA va o A; uur7FOsrdrEs l0 "'.ry i CIG 1fs..Q4I PO.S d1SER•YICE• Certifi Of Mailing ^r.(fl;.li:nit e'4n:...+.:e,.]!:{.Jr^.{.n�.4nY..�°:i f:C'.[.iia.••;:.i':, ...-.e.i..- ih4 iJrm n•aY Lo Ile9 ry Gnn.i:�n::n,h reerrimw'u man Frem �• RRSf©WN BA,Y 2695 Phdiadel hia eve.k�., o N CIldTll C_TEbL2rg, 1 A 172 '� 1(7OV�ro _ tG FN N E, Op { PS Form 3897,April 2007 PSN 7530.02-000.9065 l .I I , J1 I 1 ORRSTOWN BAIT. MAY ' Qty A Tradition of Excellence DATE: April 16, 2014 ESTATE NO.: DATE OF DEATH: January 22, 2014 IN THE ESTATE OF H. William Bolen CLAIM AGAINST DECEDENT'S ESTATE The Claimant certifies that there is due and owing by H. William Bolen, deceased, the sum of principal balance $6,956.43 together with interest at the rate of 2.875% per annum of $41.90, Iate charges of$27.62 and lien release fee of$55.00 for a grand total due and owing of $7;080.95. On behalf of the claimant, I do declare and affirm under the penalties of perjury that the information and representations made herein are true and correct to the best of my knowledge, information and belief. ? L Orrstown Bank 77 East King Street Shippensburg, PA 17257 CERTIFICATE OF SERVICE I hereby certify that on 2014, I; of ,did serve a copy of the Claim Against Decedent's Estate; by first class U.S. mail, postage prepaid; to the party listed below, as follows: r` 269S Philadelphia Avenue • Chambm5, 17201 t n SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff keVs�i ar rtPar i Jody S Smith Chief Deputy Richard W Stewart Solicitor � x �R+'S P,_ti�, YLVA;dl Orrstown Bank Case Number vs. 2014-3663 Nancy Shenk Administratrix of the Estate of William Bolen SHERIFF'S RETURN OF SERVICE 06/23/2014 11:24 AM- Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Nancy Shenk Administratrix of the Estate of William Bolen at 1820 Mountain Road, Upper Mifflin, Newburg, PA 17240. DENNISIFRY, DEPUTY' SHERIFF COST: $50.60 SO ANSWERS, (jZ, ��2x� June 25, 2014 R-ONINW R ANDERSON, SHERIFF ORRSTOWN BANK, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014-3663 NANCY SHENK, Administratrix of the Estate of H. William Bolen, Deceased Defendant • : MORTGAGE FORECLOSURE PRAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above -referenced action as being DISCONTINUED. Respectfully submitted, THE LAW OFFICES OF MARKIAN R. SLOBODIAN Markian R. Slobodian, Esq. ID #41075 801 North Second Street Harrisburg, PA 17102 717/232-5180 Attorneys for Orrstown Bank Dated: CERTIFICATE OF SERVICE I hereby certify that I have, this date, mailed a true and correct copy of the foregoing Praecipe to Discontinue Action by United States mail, first-class, postage prepaid, addressed to the following individual(s): Dated: g it f I y Nancy Shenk, Administratrix of The Estate of H. William Bolen 1820 Mountain Road Newburg, PA 17240 U Y L. H • UBERT, Paralegal