HomeMy WebLinkAbout14-5198 Supreme C 4 nnsylvania
Cour, leas For Prothonotary Use Only.
Docket No:
M County
el
`11mr /vr
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or otherpopers as required by law or rules of court.
Commencement of Action:
[3 Complaint [3 Writ of Summons 13 Petition
S
[3Transfer from Another Jurisdiction 13Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
T Magnolia Portfolio, LLC P. John Sopensky
Dollar Amount Requested: ®within arbitration limits
Are money damages requested? M Yes 13 No
(check one) IS outside arbitration limits
0
N Is this a Class Action Suit? [3 Yes 0 No Is this an MDJAppeal? E3 Yes El No
A Name of Plaintiff/Appellant's Attorney: James D.Young, Esquire
E3 Check here if you have no attorney(are a Self-Represented [Pro Se) Litigant)
A
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
13 Intentional 13 Buyer Plaintiff Administrative Agencies
[3Malicious Prosecution [3Debt Collection:Credit Card 13Board of Assessment
E3 Motor Vehicle E3Debt Collection:Other [3Board of Elections
13 Nuisance Dept.of Transportation
[3Premises Liability Statutory Appeal:Other
1� S 13Product Liability(does not include
mass tort) [3Employment Dispute:
E [3S]ander/Libel/Defamation Discrimination
C ® Other: l3 Employment Dispute:Other E3 Zoning Board
T 13Other:
Other:
Q MASS TORT
E3Asbestos
N [3Tobacco
13 Toxic Tort-DES
13Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste ®Ejectment ® Common Law/Statutory Arbitration
B Other: M Eminent Domain/Condemnation [3Declaratory Judgment
OGround Rent r1i Mandamus
OLandlord/Tenant Dispute E3 Non-Domestic Relations
[3Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial Quo Warranto
[3Dental Partition 0 Replevin
1-1 Legal Q Quiet Title n Other:
0 Medical r-1 Other:
[3Other Professional:
Updated 11112011
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MAGNOLIA PORTFOLIO, LLC, CIVIL DIVISION
a Delaware limited liability company,
assignee of Orrstown Bank,
NO.:
Plaintiff,
vs.
TYPE OF PLEADING
P. JOHN SOPENSKY a/k/a
PAUL J. SOPENSKY, CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
Defendant.
FILED ON BEHALF OF:
Magnolia Portfolio, LLC, a Delaware limited
liability company, assignee of Orrstown Bank,
Plaintiff
TO: DEFENDANT(s) COUNSEL OF RECORD FOR THIS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY:
ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT Scott A. Dietterick, Esquire
MAY BE ENTERED AGAINST YOU. Pa. I.D. #55650
James D.Young,Esquire
4;bbll Pa. I.D. #53904
ATT RN FOR PLAINTIF
V V - i
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS: JSDC LAW OFFICES _
4675 MacArthur Court,Suite 1550 7 r a
Newport Beach,CA 92660
CQ
AND THE DEFENDANT(S): P.O. Box 650 +
6-E.MaplewoodA en e Hershey,PA 17033 Imo- ' C
Mechanicsburg,PA CID
t;
A OR EY FOR PLAINTIF C)
(717) 533-3280 A
CERTIFICATE OF LOCA ON
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
414 3rd Street,Enola,PA 17025;230-232 State Street,Enola,PA 17025;
212-214 State Street,Enola,PA 17025;1416-1422 Trindle Road,Carlisle,PA 17013;
61 E.Main Street,Mechanicsburg,PA 17055; 101,103 and 105 E.Main Street
Mechanicsburg,PA 17055;139 3rd Street,Enola,PA 17025;
-UW.Lisburn Roa ,M chanicsburg,PA 17055
A EY FOR PLAINTIF 7 rjO
C aa 's Z
MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS
limited liability company, assignee of : CUMBERLAND COUNTY,
Orrstown Bank, : PENNSYLVANIA
Plaintiff,
V. NO.
P. JOHN SOPENSKY a/k/a
PAUL J. SOPENSKY, ;
Defendant. CIVIL ACTION- LAW
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty(20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS
limited liability company, assignee of : CUMBERLAND COUNTY,
Orrstown Bank, : PENNSYLVANIA
Plaintiff,
V. NO.
P. JOHN SOPENSKY a/k/a
PAUL J. SOPENSKY,
Defendant. CIVIL ACTION - LAW
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS
limited liability company, assignee of : CUMBERLAND COUNTY,
Orrstown Bank, : PENNSYLVANIA
Plaintiff,
V. NO.
P. JOHN SOPENSKY a/k/a
PAUL J. SOPENSKY,
Defendant. CIVIL ACTION - LAW
CIVIL ACTION—COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Magnolia Portfolio, LLC, a Delaware limited liability company,
assignee of Orrstown Bank(hereinafter"Plaintiff, "Magnolia"and/or"Assignee"), by its
attorneys, JSDC Law Offices, and files this Complaint in Mortgage Foreclosure as follows:
1. Magnolia Portfolio, LLC, a Delaware limited liability company, assignee of
Orrstown Bank, which has a principal place of business at 4675 MacArthur Court, Suite 1550,
Newport Beach, CA 92660.
2. Defendant, P. John Sopensky a/k/a Paul J. Sopensky, is an adult individual with
an address of 30 E. Maplewood Avenue, Mechanicsburg, Pennsylvania 17055.
3. On or about March 28, 2008, Defendant executed and delivered a certain
Promissory Note("Note") in favor of Orrstown Bank in the original principal amount of
$2,551,188.00. A true and correct copy of said Note is marked Exhibit"A", attached hereto and
made a part hereof.
4. On or about March 28, 2008, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Orrstown Bank a Mortgage in the original principal
amount of$2,551,188.00 on the premises hereinafter described, with said Mortgage being
recorded in the Office of the Recorder of Deeds of Cumberland County on January 8, 2009 as
Instrument Number 200900644. A true and correct copy of said Mortgage containing a
description of the premises subject to the Mortgage is marked as Exhibit`B", attached hereto
and made a part hereof.
5. On or about February 5, 2013, Orrstown Bank, for value received, granted, sold,
assigned and conveyed and set over to Magnolia Portfolio, LLC, all of its rights, title and interest
in the Mortgage executed by Defendant on March 28, 2008, with said Assignment of Mortgage
("Assignment")being recorded in the Office of the Recorder of Deeds of Cumberland County on
February 13, 2013 as Instrument Number 201304933. A true and correct copy of said
Assignment is marked Exhibit"C", attached hereto and made a part hereof.
6. Defendant is the record and real owner of the aforesaid mortgaged premises.
7. Plaintiff was not required to send Defendant written Notice pursuant to 35 P.S.
§1680.403(c) (Homeowner's Emergency Mortgage Assistance Act of 1983 —Act 91 of 1983),
prior to commencement of this action for the reason that the aforesaid mortgaged premises is not
the principal residence of Defendant.
8. Plaintiff was not required to send Defendant written Notice of Plaintiff's intention
to foreclose said mortgage pursuant to 41 P.S. §403 (Act 6 of 1974)prior to the commencement
of this action for the reason that said mortgage is not a"residential mortgage" as defined in 41
P.S. §101.
9. The amount due and owing Plaintiff by Defendant is as follows:
Principal $ 2,189,149.36
Interest through 5/30/2014 $ 6X 819.22
Late Charges $ 770.23
Attorney's Fees (Foreclosure) $ 1,650.00
Court, Sheriff& Title Costs $ 587.00
TOTAL $2,198,975.81
plus interest on the principal sum ($2,189,149.36) from May 31, 2014, at the rate of$212.83 per
diem,plus additional charges, costs (including escrow advances), additional attorneys' fees and
costs with foreclosure and sale of the mortgaged premises.
WHEREFORE, Plaintiff as authorized by the Note and Mortgage, demands an in rem
judgment in mortgage foreclosure against the Defendant in the amount of$2,198,975.81 with
interest on the principal sum ($2,189,149.36) from May 31, 2014, at the rate of$212.83 per
diem,plus additional charges, costs (including escrow advances), additional attorneys' fees and
costs with foreclosure and sale of the mortgaged premises.
JSDC LAW OFFICES
Date: 3 ZU) BY: �
Sc tt . Dietteri k, E ire
PA D. #55650
James D. Young, Esquire
PA I.D. #53904
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorneys for Plaintiff
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE,NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
EXHIBIT "A"
j PROMISSOt�, :.. ,:..
References in the boxes nove'me :,:'
for Lenders use onl
any item above contai :a+n," °not limit the licability
has beenUMent omitted due °io th I(rNtations any particular loan or item.
Simmer: P.John Sopensky(SSN: 197_40.5741)
30 E Maplewood Olive Lender. ORRSTOWN BANK
Mechanicsburg,PA. 17055 . SILVER SPRING OFFICE
77 EAST KING STREET
P 0 BOX 2500
SHIPPdI(SB(lRG,PA 17257
Pfindpal Amount: 1,188.00
Initial Rate: 5.250%
Date of Note: Mardi 28,2008
PROMISE TO PAY. P.John Sopensky{•Borroryer. Maturity Date: March 28,2028
States of America, the principal )Promises to Pay to ORRSTOWN BANK{"Lender"),or order,m fateful mons
($2,551,188.00), annocrrnt of Two Million Five Hundred Fifty all Thousand Y of the United
together with interest on the unpaid Principal balance from March One Hundred Eighty eight & 00/100
PAYMENT. Borrower will 28.2008,.until Paid in full. Dollars
pay tints loan w fr immediately upon Lender's dernarrd, {{no demand is made,subject to any payment changes
resulting from changes in the index,Borrower will a
239 mo pay this foam)n accordance with the following payment :
mthly Principal and interest payrmennts in the amount of $15,404.6$, be
unpaid principal balance at an•interest rate based an the yYAll,STREET JOURNAL PRIME with on the
6.75%nor fall below _ iPRIME(currently
28, 2008; 0.25 ,calculated
Principal balances at 5 50%resulting in on Initial hterset rote of S (COY 5.2596)plus 0.2596,but not to exceed
interest a an ,198.1 rate based on the WALL STREET J ry�PRIME�nyy S�96)pit rch 28,2013 with s p.set
�896• culated on the drepaid
payment of$825,198.17 on Manch 28,2028.
Unless otherwise ,and one.principal and
any late ch agreed or required by applicable law,pa will urges:and then to any unpaid cogection coats. be applied first to any accrued unpaw
applying
of days a the annual iniarssi rate over a year of lip annual trate for th� Note is coritputed onf�sa 365/360 t then to bad t�hatmis to
by
Lender may designate Pal wrift.lance is outstanding. Borrower will Pay Lender at Lerndsr's add ess awn��"`re• multiplied by the actual
VARIABLE INTEREST above or at such other plow as
RATE. The interest rate on this Note Is
which h the Wall Street Prime(the"index"). The I Vii°change from time to time based on changes in an Ind
unavailable during the term of this los Lender rkfax 1$not ne Y lowest rate charged ePendent'irndex
Index rate upon Borrower's re The n' rod may designate a substitute index after notifying by Lender L°n its in e. If the index becomes
make loans based on other relit interest rate change will not occur more fY g Borrower. Lender tela tell Borrower the canoes
balance as well. The Index currently h 5.250% often
each�• Borrower understands that Lender may
during this Note will be at a rate equal to the Index,resulting per anrnum. The interest rate to
will the interest rate on this Note be more than the maximum rate allowed be applied to the ucircumstances rcu principal
Itmg in an initial rase of 5.25096 per annum, NOTICE:
Lender,at its option, may do one or more of the following: applicable law. Whenever increases Under no inter st rate,
original final maturity date, (B) increase s increase Borrower's payments to ensure occur In the interest rate,
and (D) continue Borrower's Borrower's payments to cover accruingBorrower's ban ower s off
Payments at the same amount and increase interest, (� increase the number of Borrower's �its
PREPAYMENT PENALTY. Upon Grower's final payment. payments,
any amount of principal d prepayment of this Note,Lender is entitled to the following prepayment perreitY
prepayments the next five (5) years, the Borrower shall be assessed against the amount Should Borrower prepay as or
Penalty. The assessment percents years,shag decrease per annaum to prepaid, a five
from this assessment teal be principal payments that are one Percent(1 p retlon of the o Par.�� percent (S )
Specifically, not excepted will be any prepayrr1e generated as a result of nes for acknowledges excepted
foregoing,Borrower may pay age generated as a result of a refinancing at any other Annoy which
the loan
was
extended.
wilting, reaeve Borrower or Bo Portion°f the amount owed earlier than is due. Early payments will not, unless Except for the
Principal balance may ►rower's obligation to continue to make payments under floe agreed to by Lender in
amount owed earlier than n Is d�� Borrower making fewer payments.. Except for the foregoing,payment schedule. Rather, they will reduce the
I to make payments V payments wig not,unless agreed towriting,
Borrower-may pay all or a portion of the
Borrower's maks under the payment schedule. Rather, early payments will reduces the Crewe Borrower of Borrower's obligation to
language. fewer payments. Borrower agrees not to send Lender PInf4 al balance due and may rerun in
9 lie• ft Borrower sends such a payment, Lender may accept it without payments marked "paid In Uri!", "w'rNnott recourse" or
remain obligated to Pay any further amount owed to Lender. losingany of Lenders rights his similar
Other Payment instrument that Indicates that the AN written communications s under this Note,and grower teal
conditions or lint Payment constitutes concerning disputed amournts,including any check or
nations HI p fug satisfaction of a disputed am -Payment m full" of the amount owed or that is tendered with other
STREET,P.O.BOX 250 SHIPPENSBURG,PA 17of P cunt must be maned or delivered to: ORRSTOWN BANK, 77
LATE CHARGE. EAST KING
if a payment!s 16 days or more (ate,
whichever h greater. Borrower will be charged 5.00096 of the regularly scheduled
INTEREST'AFTER DEFAULT. payment or $50.00,
addinga 3.000' Upon default, including failure to
percentage point margin ("Defaun Rate Margin").paY upon final maturity, the interest rate on this Note shall be increased by
change that would have applied had there been no default, iThe Default Rate Margin shell also apply:o each succeeding after the date of judgment at the rate in effect at the judgment is entered in connection with this Note g interest rate
interest rate limitations time judgment Is entered. However,-In no event will the interest rate exccontinue to accrue
eed the maximum
under applicable Naw.
DEFAULT. Each of the following shag constitute an evern of default("!Event of Default")under anis Note:
Payment Default. Borrower fair tri make arty Payment when due under this Note:
Other Detour. Borrower fails to comply with or to perform any other term,obligation,covenant or
any of the related documents
to comply with or to Perform any term.obligation,cove condition contained
between Lente morn or condition contained in in this r+rote or In
False Statements. any other agreement
Note or the related Any
warranty,
entlitel sd r statement made or furnished to Lender by Borrower or on Borrower's half
Or misleading at any time thereafter. m any material respect,either now or at the time made or anidei flies
famished or becomes false
Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as agoing business,the insolvency
Of Borrower,'the appointment of a receiver for any part of Borrower's property, any assignment for the
s
benefit of creditors, any type of
PROMISSORY NOTE
Loan N (Continued) Page Z *t
creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan.
This includes a garnishment of any of Borrower's accounts,Including deposit accounts,with Lender. However,. Event of Defeu t shad
not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or
forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or
a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its sole discretion, as being an adequate
reserve or bond for the dispute.
Events Affecting Guarantor. Any of the prececting events occurs with respect to any guarantor,endorser,surety,or accommodation party
of any of the.indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of,or liability under,any guaranty of the indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
Performance of this Note Is Impaired.
Insecurity. Lender in good faith believes Itself insecure.
Core Provisions. if any default,other than a default In payment is curable and if Borrower has 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 if Borrower, after receiving written notice from
Lender demanding cure of such default. (1) cures the default within fifteen(15)days,or (2) If the cure requires more than fifteen(15)
days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance under this Note and an accrued unpaid interest irnmedlately due,and then Borrower will pay that amount.
ATTORNEYS'FEES,EXPENSES. Leader may hire or pay$omeone else to help collect this Note if Borrower does not pay. Borrower will pay
Lender that amount. This includes,subject to any limits under applicable law,Lender's reasonable attorneys,fees and Lender's legal expenses,
whether or not there is a lawsuit, including reasonable attorneys' fees,expenses for bankruptcy proceedings furcluding efforts to modify or
vacate any automatic stay or Infuriation),and appeals. If not prohibited by applicable law,Borrower also will pay any court costs,in addition to
all other sums Provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial lin any action,proceeding,or counterclaim brought by sflher Lender
or Borrower against the other.
DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $20.00 if Borrower makes a payment on Borrower's loan and the check or
Preauthorized charge with which Borrower pays Is later dishonored.
RIGHT OF SETOFF. To the extent permitted by applicable law,Lender reserves a right of setoff In all Borrower's accounts with Lender(whether
checking savings,or some other account). This includes an accounts Borrower holds jointly with someone else and an scutums Borrower may
open in the future. However,this does not Include any IRA or Keogh accounts,or any trust accounts for which setoff would be prohibited by
taw. Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the indebtedness against any
and an such accounts,and,at Lender's option,to administratively freeze an such accounts to allow Lender to protect Larkw's charge and setoff
rights provided in this paragraph.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described lin the security instruments listed heroin:
dated March
17025,230-Mortgage State St,Enola,BPA 200s,
026,212-214 State St,Enolam,PA 17026,1416-1422 described as 16al Ie Rd,Carlisle,perty located at 414 A,d17013,611 E•Main
St, Mechanicsburg, PA 17055, 101, 103 and 105 E. Main St, Mechanicsburg, PA 17055, 139 and St, Enda, PA 17025, and 14 W.
Lisburn Rd,Mechanicsburg,PA 17066"and located in Cumberland County,Commonwealth of Pennsylvania.
(B) an Assignment of All Rents to Lender on realproperty described as "Real Property located at 414 3rd Street, Enols, PA 17025,
230-232 State St, Enota, PA 17025, 212-214 State St, Enols, PA 17025, 1416-1422 Trindle Rd, Carlisle, PA, 17013, 61 E. Main St,
Mechanicsburg,PA 17055, 101, 103 and 105 E.Main St,Mechanicsburg,PA 17055, 139 3rd St,Enols,PA 17025,and 14 W.Lisburn
Rd,Mechanicsburg,PA 17055"and located in Cumberland County,Commonwealth of Pennsylvania.
(C) a Mortgage dated March 28,2008,to Lender on real property described as"Real Property boated at 206 Capitol Hill Rd,Dnlsburg,PA
17019"and located In Franklin Township,York County,Commonwealth of Pennsylvania.
(D) an Assignment of All Rents to Lender on real property described as "Real Property located at 206 Capitol Hill Rd, Dinsburg, PA
17019"and located in Franklin Township,York County,Commonwealth of Pennsylvania.
PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain Insurance for the collateral securing this Note. Further
information concerning this requirement is set forth In the Mortgage and in the Agreement to Provide Insurance,all the terms and conditions of
which are hereby Incorporated and made a part of this Note.
FINANCIAL INFORMATION.The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA Prepared Financial Statements and
any other financial information,required by the Lender's Original Commitment Letter to the Borrower,on an annual basis. If the Lender does not
receive the required financial information within-two hundred seventy(270)days of the Borrower's fiscal year end,the Leader has the right to
increase the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender
increasing the interest rate charged on this Note.
OVERDRAFT PROTECTION.You may obtain credit advances under your Credit tine by writing a check on your checking account(s)
with us in excess of the available collected balance lin the ac ount(s)..
SUCCESSOR INTERESTS. The terms of ties Note shall be binding upon Borrower, and upon Borrower's helms, personal representatives,
successors and assigns,and shall inure to the benefit of Lender and its successor$and assigns.
NOTnY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any Inaccurate
Information about your account(s)to a consumer reporting agency. Your written notice describing the specific Inaccuracy(W)should be sem to
us at the following address.ORRSTOWN BANK 77 EAST KING STREET P.O.BOX 250 SHIPPENSSURG,PA 17257.
GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not Preclude
Lender's right to declare payment of this Note on its demand, if any part of this Note cannot be enforced,this fact will not affect the rest of the
Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without bslrhg them. Borrower and any other person
who signs,guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment,and notice of dishonor.
PROMISSORY NOTE
.-' Aan No: (Continued)
Page 3
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
Impeatedly and for any length of time}this loan or release any Pafty or guarantor or collateral;or•impair,fail to realize upon'or Perim Lender's
security interest in the collateral;and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such
parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification
is made. The obligations under this Note are joint and several. If any Portion of this Note Is for any reason determined to be unenforceable,it
will not affect the enforceablity of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHOREMS AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT
AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY.AND
ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE,TOGETHER WITH COSTS
OF SUIT,AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 0 0%10F THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR
COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS IS6001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR
MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL
BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE
EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY,BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT.IN
FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A
HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER
SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE.BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE.INCLUDING THE VARIABLE
INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETE)COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE.IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
102=0 <Yi
P.Johfi Sopensky
unmaeoL-Ov.w,.t6w".oeew.owwon.Kweb+m.w.»n.toll. Mloom n"w`aW1
THE PURPOSE OF THIS RERECORDING IS TO ADD A
Parcel Identification LEGAL DESCRIPTION THAT WAS OMITTED PREVIOUSLY.
Number: PARCcorrect: 8G23n0565n114.
RECORDATION PARCEL #: 18-23-0565-113 l
REQUESTED BY: PARCEL #: 45-17-1044-207 III �aP
OARSTOwN BANK
SILVER SPRING OFFICE PARCELI I
#: 45-17-1044-195
I�
77 EAST KING STREET PARCEL #: 18-23-0565-051' OOOE9J
POBOX 250
SHIPPBNSBURti.PA PARCEL #: 42-30-2114-004
17257 PARCEL #: 45-1.7-1044-016.
PARCEL ' : 45-17-4044=188.
WHEN RECORDED PARCEL #: 45-17-1044-189
TRnSTowNeANK 'PARCEL #. : 45-17-1044-196•
77 EAST KOO STREET PARCEL #: 40-22-0119-008
P.O.BOX 250 PARCEL #: 40-22-0119-009
SHIPPENSILUR0,PA
17257
FOR RECORDER'S USE ONLY
MORTGAGE
Amount Secured Hereby: $2,661,188.00
THIS MORTGAGE dated March 28, 2008, is made and executed between P.John Sopensky,**
whose address is 30 E Maplewood Dnbe, Mechanicsburg, PA 17055 (referred to below as
"Grantor")and ORRSTOWN BANK,whose address is 77 EAST KING STREET, P O BOX 250,
SHIPPENSBURG,PA 17257(referred to below as"Lender").
GRANT OF MORTGAGE. For valuabts consideration, Grantor grenm bargains, sells, conveys, assigns, transfers,
releases,confirms and mortgages to Lender all of Gramor's right title,and i hereat in and to the following described
real property,together with all existing or subsequemiy erected or affixed buildings, improvements and fixtures,all
streets, lanes, alleys, passages, and ways, all easements, rights of way, all liberties, privileges, tenements,
hereditemarns,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 lincluding stock in utilities with
dutch or irtigation dots); and all other rights,royalties, and"Its reto the real property, Including without
limitation all minerals,oil,gas,geothermai and similar matters, (the "Reel ")located in Cumberland
County,Commonwealth of Pennsylvania:
See attached
The Real Property or its add raw is pommon knbwn les• 414 3�'Street Enole, PA 17026,}
230.232 State St,Eno PA 17025F212-21 State St,Enola,PA 17025 1416,1422 Trindle
Rd,Carlisle,PA, 17013 61 E: in t,Mechmlcsburg,IPA 17056, 01, 03 and 105 E. Main
St, Mechanicsburg, P 17055) 139 3rd St, EnDla, PA 1702 ,jand 14 W. Lisburn Rd,
Mechanicsburg.Ply 17055.
CROSS-COLLATERALRATION. in addition to the Nota this Mortgage secures all obligations.debts and liabilities,plus
interest thereon,of Grantor to Lander,or any one or more of them,as wed as all claims by Lender against Grantor or
any one or more of them,whether now existing or hereafter arising,whether related or unrelated to the purpose of the
Note,whether voluntary or otherwise,whether due or not due,direct or Indirect,determined or undetermined,absolute
or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others,whether
obligated as guarantor,surety,accommodation party or otherwise,and whether recovery upon such amounts may be or
hereafter may become barred by any statute of limitations,and whether the obligation to repay such amounts may be or
hereafter may become otherwise unenforceable.
Grantor presently assigns to Lender all of Grantor's fight We,and interest in and to all present and fume leasee of its
Property and all Rents from the Property. In addition,Granter grants to Lender a Uniform Commercial Code security
interest In the Parson!Property and Rents.
THIS MORTGAGE,INCLUDING THE-ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (e) PERFORMANCE OF
ANY AND ALL OBLtBATiONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF$2,551,189.00,THE
RELATED DOCUMENTS,AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING
TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all
amounts secured by this Mortgage as they become due and,shad strictly perforin all of Grantor's obligations under this
Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the
Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Defauft Grantor may (1) remain in possession and
control of the Property, (2) use,operate or manage the Property,and (3) collect the Refs from the Property.
Duty to Maintain. Grantor shell maintain the Property in tenantable condition and promptly perform all repairs,
replacements,and maintenance necessary to preserve its value.
Compliance With Emrivotmentel Laws. Grantor represents and warrants to Lender that (1) During the period of
Grantor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment disposal,
release or threatened release of any Hazardous Substance by any person on,under, about or from the Property:
12) Grantor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and
acknowledged by Lender in writing, (a) any breach or violation Of any Environmental Laws, (b) any use,
generation,manufacture,storage,treatmeM-4isposel,release or threatened release of any Hazardous Substance j
on,under,about or from the Property by any prior owners or occupants of the Property,or (cl arry actual or
threatened litigation or claims of any kind by any person retating to such matters,and (3) Except as previously
disposed to and acknowledged by Lender in writing, (a) neither Grantor not any tenant contractor,agent or other
**Paul John Sopensky a/k/a Paul J. Sopensky
MORTGAGE `�a
(Cointinued) Page 2
authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous
Substance on,under,about or from the Property;and (bl any such activity shall be conducted in compliance with
an applicable federal, state, and local laws,•regulations and onfnances: including without lingtation an
Fmironmental Laws. Grantor authorizes Lender.and its agents to enter upoin the Property to,make such
inspections and tests, at Grantor's expense,ss Lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any Inspeorions or tests made by Lender shag be for tender's
purposes only and shall not be construed tocreate any responsibility or flability on the part of Lender to Grantor or
to any other person. The representations and warranties contained herein are based on Grantor's dire diligence,In
investigating alta Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims
against Lender for Wemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
any such laws:and (2) agrees to indemnify,defend,and hold harmless Lender.against any and all claims,losses,
liabilities,damages,penalties,and expenses which lander may directly or Indirectly austein 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 pdw to Grantor's ownership or interest in the Property,whether
Or rat the same was or should he"been known to Grantor. The provisions of this section of the Mortgage,
Including the obligation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction
and r000nveyrenee of the lien of this Mortgage and shag not be affected by Lender's acquisition of any interest in
the Property,whether by foreclosure or otherwise.
Nuisance.Waste. Grantor shag not cause,conduct or permit any nuisance nor commit permit, or suffer any
snipping of or waste on or to the Property or any portion of the Property. Without limttng the gonemgty of the
foregoing,Grantor will not remove,or grant to any other party the right to remove,any timber,minerals('Including
oil and gas),coal,clay,scolia,soli,gravel or rock products without Lander's prior written cont
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent As a condition to the removal of arty Improvements,Lender may require
Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least
equal value.
Lender's MIM to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lender's interests and to,inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Mortgage.
Compliance with Govemmental Requhaments. Grantor shag promptly comply with all laws, ordinances, and
regulations,now or hereafter in effect,of all govemmentel authorities applicable to the use or occupancy of the
Property,including'without lxrtitatim the Americans With Disabilities Act. Grantor may contest in good faith any
such low,ordinance,or regulation and withhold compliance during any proceeding.Including approprIM appeals,
so long as Grantor has notified Lender in writing prior to doing so and so long as,in lender's sole opdnlon,Lender's
interests in the Property are not jeopardized. lander may require Grantor to post adequate security or a surety
bond,reasonably satisfactory to Lander,to protect Lender's interest
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shell do an other
seta,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 1.1300. lander may,at Lender's option,declare immediately due and payable an sums
secured by this Mortgage upon the sale or transfer,without Lender's prior written consent of all or any part of the Real
Property,or any interest In the Real Property. A"sale or transfer*means the conveyance of Real Property or any right,
title or interest In the Real Property;whether legal,beneficial or equitable;whether voluntary or involuntary;whether by
outright sate,dead,instalment sale contract,lend contract,contract for dead,laasehold 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 lard
test holding title to the Real Property,or by any other method of conveyance of an interest in the Real Property.
However,this option shag not be exercised by Lerder if such exercise is prohibited by federal law or by Pennsylvania
law.
TAXES AND LIENS. The following provisions relating to the taxes and gens on the Property are part of this Mortgage:
Payment. Grantor shag pay when due(and in ell events prior to delinquency)at taxes,payroll taxes,special taxes,
assessments,water charges and sewer service charges levied against or an 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 tis Property free of any lions having priority over or equal to the interest of Lender under this Mortgage,
except for those liens specifically agreed to in writing by lander,and except for the gen of taxes and assessments
not due as further specified in the Right to Contest paragraph.
Right to CantwL Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith
disputa over the obligation to pay,so king as Lander's interest in the Property Is not Jeopardized. If a lien arises or
is filed as a result of nonpayment,Grantor shell within fifteen(16)days after the lien arises or,H a Gen is filed,
within fifteen(15)days after Grantor has notice of the Ming,secure the discharge of the Gen,or if requested by
Lender,deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender In an
amount sufficient to discharge the Gan plus any costs and reasonable attorneys'fees,or other charges that could
accrue as a result of a foreclosure or sale under the gen. In any contest,Grantor shag defend itself and Lender and
shall satisfy any adverse Judgment before enforcement against the Property. Grantor shag name Lender as an
additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment Grantor shag upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall authorize the appropriate governments official to deliver to Lender at any time a written
statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shag 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 Gremor can and will pay the cost of such
improvements.
PROPERTY DAMAGE INSURANCE. The following provislons relating to insuring the Property are a part of this
Mortgage:
Maintenance of hsunince. Grantor shag 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
cause in favor of Lender. Grantor shall also procure and maintain comprehensive garsral liability Insurance in such
coverage amounts as Lender may request with Lender being named as additional insureds In such liability insurance
policies. Additionally.Grantor shag maintain such other Isuranae,includhV but not limited to hazard, business
1
MORTGAGE
(Continued) Page 3
Interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and
in such forth 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 declaimer of the insurer's liability for failure to
give such nodes. 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,amission or default of Grantor or any,other person. Should the
Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a
special flood hazard area,Grantor agrees to obtain and maintain Federal Rood Insurance,If available,within 45
days after notice Is-given by Lender that the Property is located In a special flood hazard area,for the fug unpaid
principal balance of the loan and any prior liens on the property securing the ban,up to the maximum policy limits
set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
insurance for the term of the loan.
Application of Proceeds. Grantor shag promptly notify Lender of any loss or damage to the Property. Lender may
make proof of loss N Gramm fails to do so within fifteen(15)days of the eesualgr. Whether or not Lender's
security Is impaired,Lender may,at Lender's election,receive and retaln'the proceeds of any insurance and apply
the proceeds to the reduction of the indebtedness,payment of any Tien affecting the Property,or the restoration
and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,Grantor shall repair or
replace the damaged or destroyed improvements In a manner satisfactory to Lender. Lender shag, upon
satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of
repair or restoration if Grantor Is not in default under this Mortgage. Any proceeds which have not been disbursed
within 1110 days after their receipt and which Lender has not committed to the repair or restoration of the Property
shall be used first to pay any amount owing to Lender under this Mortgage,then to pay accrued interest,and the
remainder,if any,shall be applied to the principal balance of the Indebtedness. If Lender holds ant proceeds after
payment M fug of the indebtedness,such proceeds shall be paid to Grantor as tremor's interests may appear.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in
the Property or If Grantor falls to comply with arty,provlalon of this Mortgage or any Related Documents.Including but
not limited to Grantor's failure to discharge or pay when due any,amounts Grantor Is required to discharge or pay order
this Mortgage or any Related Documents,Lender on Grantor's behalf may(but shag not be obligated to)take any action
that Lender deems appropriate, including but not limited to discharging or paying all taxes, gens,security interests.
encumbranoes and other claims, at any time levied or placed on the Property and paying all coats for insuring,
maintaining and preserviN the Property. All such expenditures incurred or paid by Lender for such purposes will then
bear Interest at the rate larged under the Note from the date incurred or paid by Lender to the date of repayment by
Grantor. All such expenses will become a part of the Indebtedness and.at Lender's option,will (A) be payable on
demand; (Ig be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due dudng either (t) the term of any applicable insurance policy,or (2) the remaining term of
the Note;or (C) be treated as a balloon peymem which will be due and payable at the Note's maturity. The Mortgage
also wig secure payment of these amounts. Such right shall be In addition to all other rights and remedres to which
Lender may be entitled upon Default. Grantors obligation to Lender for all such expenses shag 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 tide of record to the Property In fee simple,
free and clew of all fiens and encumbrances other than those set forth in the Real Property desorption or In any
title Insurance policy,title report,or final title opinion issued In favor of,and accepted by,Lender In confection
with this Mortgage,and (b)Grantor has the full eight,power,and authority to execute and deliver this Mortgage to
Lender.
Defense of ride. Subject to the exception In the paragraph above,Grantor warrants and will forever defend the
tide to the Property against the lawful claims of all persons. In the event any action or prooeeditig Is commenced
that questions Grantor's tide or the Interest of Lender under this Mortgage.Grantor shag defend the action at
Grantor's expense. Grantor may be the nominal party In such proceeding, but Lender shag be entitled to
participate in the proceeding and to be represented In the proceeding by counsel of Lenders 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 warrents that the Property and Grantor's use of the Property complies with all
existing applicable laws,ordinances,and regulations of governmental authorities.
Survival of Representation and WarranWs. All representations,warranties,and agreements made by Grantor in
this Mortgage shy survive the execution and delivery of this Mortgage,shad be continuing In nature,and shall
remain In ftdl'force and effect urm'I such time as Grantor's indebtedness shall be paid In full.
CONDEMNATION. The following provisions relating to condemnation prooeedngs are a pert of this Mortgage:
Proceedings. If any proceeding In condemnation is hied, 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 emitted to participate in the proceeding and to be
represented M the proceeding by counsel of its own choice,and Grantor will deliver or cause to be delivered to
Lender such instruments and documentation as may be requested by Lender from time to time to permit such
participation.
Application of Net Proceeds. N all or any part of the Property is condemned by emment 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 vward shall'meanthe award after payment of all actual costs,expenses,and attorneys.' fees
incurred by Lender In connection with the condensation.
PAPOS1TION OF TAXES.FEES AND CHARGES BY GOVERNMENTAL AUTNORirws. The following provisions relating
to govemmennal taxes,fees and charges are a pert of this Mortgage:
Current Taxes,Fees and Charges. Upon request by Lender,Grantor shag 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 shag 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 shag constitute taxes to whish this section applies: (1) a specific tax upon this type of
Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor
which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of
t
Ll — a
MORTGAGE
(Continued) Page 4
Mortgage; (3) a tax on this type of Mortgage chargeable against the LaMar or-the holder of the Note;and 14) a
specific tax on all or arty portion of the indebtedness or on payments of principal mrd interest made by Grantor.
Subsequent Taxes. H any tax to which this section applies is enacted subsequent to the date of this Mortgage,
this event shall have the same affect as an Event of Default,and Lender may exercise any or all of its available
remedies for an Event of Default as provided below uniess Grantor either (1) pays the tax before it becomes
delinquent,or (2) oomasta the tax as provided above In the Taxes and Llan section and deposits with Lender
cash or a sufficlent corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT,FIRIMCING STATEMENTS. The following provisions relating to this Mortgage as a security
agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commerelpt Code
as amended from time to time.
Security Interest Upon request by Lender,Grantor shall take whatever action is requested by lender to perfect
and continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Mortgage
in the real property records,Lender may,at any time and without fuller 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 perfeetig or continuing this security interest Upon default,Gramor shall not remove,
sever or detach the Personal Property from the Property. Upon default Grantor shag assemble any Personal
Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and
make it available to Lender within three(3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The magma addresses of Granter (debtor) and Lender (secured party) from which information i
concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform
Commercial Code)are as stated on the first page of this Mortgage.
FURTHER ASSURANCES;ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further Assurances. At any time,and from time to time,upon request of Lender.Grantor win make,execute and
deliver,or will cause to be made,executed or delivered,to Lender or to larder's designee,and when requested by
Lender,cause to be filed,recorded,ref led,or rerecorded,as the case may be,at such tines and In such offices
and places as Lender may deem appropriate,any and an such mortgages,deeds of trust,security deeds,security
agreements, financing statements, continuation statements, kstiu menta of further assurance, certificates, and
other documents as may,in the sole opnrion of Lender,be necessary or desirable in order to effectuate,compete,
perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, end the Related
Documents,and (21 the iters and security Interests created by this Mortgage as first ad prior fiers on the
Property,whether now owned or hereafter acquired by Grantor. unless prohibited by law or Lender agrees to the
contrary in writing,Grantor shall reimburse lender for all costs and expenses incurred In connection with the
matters referred to in this paragraph.
Additional Authorizations. If Grantor falls 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 Grantees expense. For such purposes, Grantor hereby
irrevocably authorizes Lender to make,execute,deliver,file,record and do all other firings as may be necessaryor
desirable, in Lender's sole opinion. to accomplish the matters referred to in the preceding paragraph. It is
understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Or~pays all the Indebtedness when due,and otherwise performs all the obligations
imposed upon Grantor under this Mortgage,Lender shall execute and deliver to Grainer a suitable satisfaction of this
Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest
In the Rents and the Personal Property. Gremor will pay,If permitted by applicable law,any reasonable termination fee
as determined by Lender from time to time.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shag corstftute an Event of Default under this
Mortgage:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
DefmAt on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for
taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any ran.
Other Defaults. Grantor fags m comply with or to perform any other term, obfigation, covenant or condition
contained In this Mortgage or In any of the Refaced Documents or to comply with or to perform any term,
obligation,covenant or condition contained in any other agreement between tender and Grantor.
False Statements. Any warranty,representation or statement made or furnished to tender by Grantor or on
Grantor's behalf under this Mortgage or the Related Documents Is false or misleading In any material respect,
either now or at the time made or furnished or becomes false or misleading at any time thereafter.
Defective Conaterafaerion. This Mortgage or any of the Retated Documents gases to be in fun force and effect
(including failure of arty collateral document to create a valid and perfected sexulty intm at or gen)at any tine and
for any reason.
Death or Insolvency. The death of Grantor,the insolvency of Gramor,the appointment at a receiver for any part of
Grentoes property, amp assignment for the benefit of creditors, any type of creditor workout, or the
commencement of any proceedirg under arty bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commarw n ort of foreclosure or forfeiture proceedings,whether by Judicial
proceeding,self-help,repossession or any other method.by any creditor of Grantor or by any governmental agency
against any property securing the kdebtednam. This includes a garnishment of any of Grantor's accounts,
including deposit accounts,with Lender. However,this Event of Default shall not apply If there is a good faith
dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forteitrre
proceeding and if Grantor gives Linder written notice of the creditor or forfeiture proceeding and deposits with
Lender montes or a surety bond for the creditor or forfeiture proceeding,In an amount determined by Lender,In Its
sole discretion,as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor oder the terms of any other agreement between Grantor and
Lander that is not remedled within any grace period provided therein,including without limitation arty agreement
concerning any indebtedness or other obllgation of Grantor to Lender,whether existing now or later.
Everts Affecting Guarantor. Arty of the preceding events occurs with respect to any guarantor,endorser,surety,
or accommodation party of any of the Indebtedness or any guarantor,endorser,surety,or accommodation party
MORTGAGE
(Continued) Page 5
dies or becomes incompetent or revokes or disputes the validity of, or liability under,. any Guaranty of the
indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the
prospect of payment or performance of the Indebtedness is Impaired.
Insecurity. Lender in good faith believes itself Insecure.
Right to Curs. If any default,other than a default in payment Is curable and N Grantor has not been given a notice
of a breach of the same provision of this Mortgage within the preceding twelve J1 2)months,It may be cured If
Grantor,after receiving written notice from Lender demanding cure of such default: (1) cures the default within
fifteen(15)days;or (2) If the cure requires more than fifteen(15)days,immediately irdtiates steps which Lender
deems in Lender's sole discretionto be sufficient to cure the default and thereafter continues and completes all
reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any tune thereafter,Lender,
at Lender's option,may exercise any one or more of the following rights and remedies,in addition to any otter rights or
remedies provided by few:
Accelerate Indebtedness. Lender shall have the right at Its option, after giving such notices as required by
applicable law,to declare the entire indebtedness immediately due and payable.
UCC Remedies. With respect to all or arty part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Utriform Commercial Code.
Collect Refs. Lender shall have the right, without notice to Grantor,to take possession of the Property and
collect the Refs,Including amounts past due and unpaid,and appy the net proceeds,over and above Lender's
costs,against the Indebtedness. In furtherance of this right,Lender may require any teriantt or other user of the
Property to maks payments of ref or use fees directly to Lender. H the Renta are collected by Lender,then
Grantor irrevocably au harizes Lender to endorse instruments received In payment thereof in the name of Grantor
and to negotiate the same and collect the proceeds. Payments by tenants or other were 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 arty part of
the Property,with the power to protect and preserve the Property,to operate the Property preceding foreclosure or
sale, end 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. Lenders right
to the:appointment of a receiver shall exist whether or riot the apparent value of the Properly exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from servhg as a
receiver.
Judicial Foreclosure. Lender may obtain a Judicial decree foreclosing Grantor's interest in all or my part of the
Property.
Possession of the Property. For the purpose of procuring possession of the Property,Grantor hereby authorizes
and empowers any attorney of any court of record in the Commonwealth of PerwrsylvaMa or elsewhere,as attorney
for Lender and all persons claiming under or through Lender,to sign an agreement for entering In any competent
court an amicable action in ejectment for possession of the Property and to appear for and confess judgment
against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of
possession of the Property,without any stay of execution,for which this Mortgage,or a copy of this Mortgage
verified by affidavit shag be a sufficient wanant;and thereupon a writ of possession may be issued forthwith,
without any prior writ or proceeding whatsoever.
Norryudicial 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 norHudidal sale:
Doficfency Judgrnen 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 Su"erance. 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 shag
become a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lender's option,either 01
pay a reasonable rental for the use of the Property,or 12) vacate Tia Property Immediately upon the demand of
Lender.
Other Remedies. Lender shag have all other rights and remedies provided in this Mortgage or the Note or available
at law or in equity.
Sal*of the Property. To the extent permitted by applicable law,Grantor hereby waives any and all right to have
the Property marshalled. In exerciskg 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 shag be entitled to bid at any public sale
on all or any portion of the Property.
Notice of Sale. Lender shag give Grantor reasonable notice of the time and place of any public safe 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 low,reasonable notice shall mean notice given at least ten 1101
days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
.:Bectlon of Ramedies. Election by.Lender to pursue any remedy shin not exclude pursuit of arty other remedy,and
an e)ectlon to make expenditures or to take action to perform an obligation of Grantor under this Mortgage,after
Grantor's failure to perform,shall not effect lenders right to declare a default and exorcise its remedies. Nothing
under this Mortgage or otherwise shall be construed to as to limit or restrict the tights and remedies available to
Lender following an Event of Defatft,or in arty way to limit or restrict the rights and ability of Lender to proceed
directly against Grantor and/or against any other co-maker,guarantor,surety or endorser and/or to proceed against
any other collateral directly or indirectly securing the Indebtedness.
Aaomays'Fees:Expensss. If Lender institutes any suit or action to enforce any of the terms of this Mortgage,
Lender shall be entitled to recover such Stan as the court may adjudge reasonable as attorneys'fees at Vial and
upon arty appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall beer
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
without limitation however subject to any limits under applicable law.Lender's reasonable attorneys'fees and
MORTGAGE
(Continued) Page 6
Lender's legal expenses,whether Of not there is a lawsuit,Including reasonable attorneys'fees and.expenses for
banlouptcy proceedings(including efforts to modify or vacate any automatic stay or injunction),appeals,and any
anticipated posIqudgment collection services, the cost of searching records, obtaining title reports foclud'ing
foreclosure reports), surveyors' reports, and appraisal fees and tide insurance, to the extent permitted by
applicable law. Grantor also will pay any court costs,In addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law,any notice required to be given under this Mortgage shall be
given in writing, and shag be effective when actually delivered, when actually received by telefacsinale (unless
otherwise required by law),when depoalted with a ns6onatty recognized overnight courier,or,if mailed,when deposited
in the United States mall,as first class,certified or registered mall postage prepaid,directed to the addresses shown
near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority
over this Mortgage shall be sent to Lender's address,as shown near the beginning of this Mortgage. Any party may
change its address for notices under this Mortgage by giving formal written notice to the other parties,specifying that
the purpose of the notice Is to charge the party's address. For notice purposes, Grantor agrees to keep Lender
informed at all times of Grantor's current address. Unless otherwise provided by applicable law,If there Is more than
one Grantor,any notice given by tender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage,together with any Related Documents,cwrnst(tutes 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
Anmutil Reports. If the Property Is used for purposes other than Gramoes residence, Grantor shall fumis h to
Lender,upon request,a certified statement of net operating Income received from the Property during Grantor's
previous fiscal year.in such form and detail as Lader shag require. 'Net operating Income'shall mean a9 cash
receipts from the Property less all cash expenditures made In connection with the operation of the Property.
Caption Headings. Caption headrgs in this Mortgage are for convenience purposes only and are not to be used to
Interpret or define the provisions of this Mortgage.
No Waiver by Lander. Lender shag not be deemed to have waived any rights under this Mortgage unless such
waiver Is given In writing and signad by Lender. No delay or omission on the part of Lender In exercising any right
shell operate as a waiver of such right or any other right A waiver by Lender of a provision of this Mortgage shall
not prejudice or constitute a waiver of Landees right otherwise to demand evict compliance with that provision or
any other provision of this Mortgage. No prior waiver by Lender,nor any course of dealing between Lender and
Grantor,shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
transactions. Whenever the consent of Lender Is required under this Mortgage,the granting of such consent by
Lender in any instance shall not cornstitut s continuing consent to subsequent Instances where such consent is
required and In all cases such consent may be granted or withheld In the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds arty provision of this Mortgage to be illegal, Invalid,or
unenforceable as to any circumstance, that finding shall rat make the offending provision illegal, invalid, or
unenforceable as to any other circunstence. If feasible,the offending provision shall be considered modified so
that it becomes legal, valid and enforceable. If the offending provision carrot be.so modified, It shall be
considered deleted from this Mortgage. Unless otherwise required by law, the illegality, Invalidity, or
unenforceability of any provision of this Mortgage shall not affect the legality,validity or enforceability of any other
provision of this Mortgage.
Merger. There shell be no merger of the interest or estate created by this Mortgage with any other interest or
estate In the Property at arty time field by or for the benefit of Lender In any capacity,without the•written consent
of Lender.
Successor interests. The terms of this Mortgage shall be binding upon Grantor,'and upon Granter's heirs,personal
representatives,successors,and assigns,and shall be enforceable by Lender and its successors and assigns.
Time is of ft Essence. Time is of the essence in the performance of this Mortgage.
D"rfmNS. The following capitalized words and terms shall have the following meanings when used in this
Mortgage. Unless specifically stated to the contrary,all references to dollar amounts shat mean amounts in lawful
money of the United States of America. Words and terms used in the singular shall include the plural,and the plural
shag include the singular,as the context may require. Words and terns not otherwise defined in this Mortgage shall
have the meanings attributed to such terms in the Uniform Commercial Code;
Borrower. The word"8orcower"nears P.John Sopensky and includes all co-signers and co•mekere signing to
Note and all their successors and assigns.
Default. The word'Default'means the Default set forth In this Mortgage In the section titled"Default".
Environmental Laws. The words 'Environmental Laws* mean any and all auto, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
(imitation the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42
U.S.C.Section 9601,at seq.VCERCLA'),the Shperfund Amendments and Reauthorization Act of 1986,Pub.L.
No.99-499('SARA'),the Hazardous Materiels Transportation Act,49 U.S.C.Section 1801,at seq.,the Resource
Conservation and Recovery Act,42 U.S.C.Section 69DI,at seq.,or other applicable state or federal laws,rules,
Of regulations adopted pursuant thereto.
Event of Dafa>tt. The words'Event of Default'mean any of the everts of default set forth In this Mortgage in the
events of default section of this Mortgage.
Grantor. The word"Grantor"means P.John Sopensky.
Guaranty. The word'Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to
Lender,including without limitation a guaranty of all or part'of the Note.
Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity,
concentration or physical,chemical or infectious characteristics,may cause or pose a present or potential hazard
to human health or the environment when improperly used,treated,stored,disposed of,generated,manufactured,
transported or otherwise handled. The words'Hazardous SuWt •are used In their very broadest sense and
include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
under the Environmental Laws. The term'Hazardous Substances"also includes,without limitation,petroleum and
petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "improvements' means all existing and future improvements, buildings, structures,
mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real
MORTGAGE
IlContinued) Page 7
Property.
Indebtedness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses
payable under the Nota or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without
limitation,indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision
of this Mortgage.
Lender. The word'Lender'means ORRSTOWN BANK,its successors and assigns.
Mortgage. The word'Mortgage"means this Mortgage between Grantor and Lender.
Note. The word'Note' means the promissory nate dated March 28,2008,in the original principal amount
of $2,551,188.00 from Grantor to tender, together with all renewals of, extensions of, modifications of,
refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
the Note is March 28, 2028.NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words 'Personal Property' mean all equipment, fixtures, and other articles of personal
property now or hereafter owned by Grantor, and now or-hereafter attached or affixed to the Real Property,
together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums)from any sale or other disposition of the Property.
Property. The word"Property'means collectively the Real Property and the Personal Property.
Real Property. The words"Real Property'mean the real property,interests and rights,as further described to this
Mortgage.
Related Documernts. The words 'Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter
existing,executed in connection with the Indebtedness.
Rents. The word 'Rents" means all present and future rents, revenues, Income, issues, royalties, profits, end
other benefits derived from the Property.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND GRANTOR AGREES
TO ITS TERMS.
THIS MORTGAGE IS OWEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
2;,?k>$;°<$;k�t'•';S�cj„ jt�C'+�T'e•::•n
C N'.• .<q•`��'S9.x. �i<,` 'x3'f.Ta: S•'io• i' R.•.ii:
�'2<' :?ji:; ,..• ;xs �:�:•.�.i:;j. h;str�,<x,3ce>`:<•.:'�Seall '
P.Jo ky
S d,ack delivered in the presence of:
X
W, s
X
s
CERTIFICATE OF RESIDENCE
I hereby certify,that the precise address of the mortgagee,.ORRSTOWN BANK,herein is as follows:
SILVER SPRING OFFICE,77 FAST KING STREET,P 0 BOX 250,SHIPPENSBURG,PA 17257
Attorney or Agent for Mortgagee
MORTGAGE
(Continued) page 8
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA I
)SS
COUNTY OF_ � I
On thi day of 20 ,before me
the undersigne�m'- ublic,personally appeared P.John igxmky,known to
me(or satlsfactoa 11m W- 4!j�—W parson whose name Is subscribed to the within instrunent,and acknowledged
that he or she executed the same for the purposes thereinco ned.
In witness whereof,I hereunto set my hand and L
M WEALTH aF PEf1N Y V I
iJo�el8rlt0 - .
BoIM Mtldalon Twp.,OuIBIeAend(;Iplp�
Notary Iic in and for the Stets of
{1AY�fIN1119Bi0tI�Iats�IB�X110
MenWar,Pemisytvarda AetoeNeVcit of NaMnlea
LASER PRO Lending,Ver.6.39.00.00$ Copr.Harland Financial Solutions,Inc.—107,2008. All Rights Reserved. -
PA c:1CFnLPL1G03.FC TR-19121 PR-1
. '—•�tlge guara[1t�,�mp�y - •
SCHEDULE A
(continued)
File No.$100-747 Commitment No.S700-747
LEGAL DESCRIPTION
414�TREET KOLA,PE�NSY +sL-a t
ALL THAT•CERTAIN lot of ground.situate in the Borough.of West Fairview; now referred to as East
09P*-Pro Townstiip;.Crintberland County,Pennsylvania,bounded and described as follows,to wit
BEGINNING at the east comer of ground now or late of J.G.Turner and Third Street;thence in
a southeastern course along said Third.Sheet,22M feet to the property now or late ofEdna V.Lothrop
on the west.side of Third Street;thence in•a southwestern course along the center of the partition wall
between houses 412=414 Third Street and Beyond along lot of ground now or late ofEdai V.l:othrop,
113 feet to a.public alley;thence in a northwestern course along said public alley,22.62 feet to lot of
ground now or late of J.G.Turner;and thence in a northeasterncourse along said lot of ground now or
late of J.G.Turner; 1 I I feet to the Place of BEGINNING. The southern line of said property being the
line running through the.center of the division wall between properties known as Nos.412 and 414
Third Street.
HAVING THEREON ERECTED the northern half of a double frame dwelling house known as No. 414 Third
Street,West Fairview,Pennsylvania
.230 STATE STREET EIVOLA-PENNSYLVANIA
ALL THAT CERTAIN 'piece or parcel. of land situate. in the East Pennsboro Township, County
Cumberland,-Pennsylvania,bounded and described as follows:
-BEGINNING at a point on State Street;thence South 58 degrees 30,minutes East along ttie'south side.of
State'Street,•23.85 feet to a point; thence South 34 degrees West, through the center partition of a double
dwelling,.also through.the center tine of an outside toilet,73 feet to a point;thence South 3 degrees 15 minutes
West 13 feet; thence South 86 degrees 15 minutes East 3.1 feet to the comer of a garage; thence South 3
degrees 15 minutes West I I feet;thence North.86 degrees 15 minutes West between garages,22.7 feet to a
point on the'east-side of Third Street thence North 3.degrees 15 minutes Fast along the east sloe of Third Street,
40 feet to a post;thence North 34 degrees East along the east line of American Store Property,67.8 feet to a
point,place of'BEGiNNING.
BBNG a portion of Lots.-Nos.6 and 7 in Mays Addition to the Borough of West Fairview,Cumberland
County,Pennsylvania.
HAVING thereon erected a two story frame dwelling known as Number 230 State Street,
ALTA Commranent
Schedule A(wn0weW. .
r
i
SCHEDULE A
(cohtlnued) .
File-NQ.510-747
Commitment No.5100 747-
232 STATE STMT,ENOLA.PENNSYLVANIA
ALL THOSE four certain piece or parcels of land situate in the Borough of West FalrWdw,now referred to
as Fist Pennstmro Township,Cumberland County,Pennsylvania bounded and described as follows,to.wit
. T�jACTN0.1• - •
BEGINNING at a point In the western line of Second Street at or opposite the center of the.partitionwall
-dividing properties known as No. 106 and No. 108 Second Streets thence westwardly,through the center of the
partition wall dividing properties known as No. 106 and No. 108 Second,Street and
nine(139)feet to a point in the eastern line of an'unnamed alley; thence southwardly beyond,onthe eastern lied ne of
said unnamed alley,twenty-two-(22)feet to lands of Oliver Ricd;thence eastwardy f O
along Is or r Ricci
one hundred thirty-nine.(939)feet to a point in the western line of Second Street;thence northwardy along the .
western One of Second'Street twenty-two(22)feet to a point,-the place of BEGINNING.
HAVING thereon erected the southern half of a 2%story frame apartment known as No. 106 Second
Street
• - ISACT N0.2•
BEGINNING at a point In the westem line of Second Street at or opposite the-Center of the partition well
dividing properties known as No. 106 and No. 108 Second Street; thence westwwdy through the center of the
partition wall dividing properties known as No. 106 and'No. 108 Second Street and beyond,one hundred thirty-
nine(139)feet to a point In the eastern line of an unnamed alley;thence northwardiy along the eastern line of said
unnamed alley twenty-two(22)feet to lands of Alma Ray Shaull; thence easterwardy along lands of Alma Ray
Shaul)one hundred thirty-nine(139)feet to a point in the western line of Second Street;thence southwardly along
the westetn One of Second Street twenty-two(22)feet to a point;the place of BEGINNING.
Street.
HAVING thereon erected the northern half of a 2'/2 story frame apartment known as No. 108 Second
TRACT N0.3:
BOUNDED on the east by Second Stredt;on the south.by property.late of pelma Ray Shaull;on the west
by an Alley and on the north by property now or late of Emanuel Hoopy. Said.property having a frontage on
Second Street of forty-three (43) feet and three and three-fourth (3 314 ) inches, and'extending In depth one
hundred thirty=nine(139)feet.
HAVING thereon erected a two and one-half story frame dwelling known as No.110 Second Street
TRACT 10.4:
of State 4-
BEGINNING
south at
point
and one-half s8 comeroutheast d o�Third
eesand State Streets;thence along the southern line
9 (. ) e9 forty-one and two tenths(41.2)feet to lands of
Albert J. Shault thence along lands late"of Albert J. Shaull south thirty-four(34)degrees west sixty-seven and
eight tenths(67.8)feet to a point on the eastern line of Third Street;thence along the eastern One of Third Street
north three and three-fourths(3 a/<)degrees east seventy-nine(79)feet td a point;the place of BEGINNING.
ALTA Commitment
Sd*duleA(cm&ued)
Me ouaranty
connpariy.
SCHEDULE A
(continued)•
File No.S100-747
Commitment No.S100-747
BEING part of Lot No.7 on the Plan of May's Addition to the Town of West Fairview:
HAVING thereon erected a two storyframe store and apartment building known as no.232 State Street.
ailw'the same premises which K Richard She
uli and Yvonne B. Shaull, by deed dated May 6, 1891,
and recorded in the Office of the Recorder.of Deeds of Cumberland.County In Deed Book D,Volume 35,Page
374, granted and.conveyed to Paul J. Sopensky;aWa Paul John
herein. Sopensky, a/k/a P. John Sopensky, Grantor
212— 148 TATESTitEET ENOLA PENNSvr ver SIA
ALL those twc certain tracts of ground situate in the Borough of West Fairview, now referred to as East-
Pennsboro Township, County of Cumberland and Cornmonweaith of
follows: Pennsylvania, Bounded and described as
T CT 1:
BEGINNING.at a point on the southern.line of State Road at comer of lands now or
of Gland,said point being on the line passing through the Center of the partition wall of the double two story frame
dwelling house erected in Parton the lot herein described and in part•on the lot adjaning on the south;thence in a
westerly direction along the southern line of State Road,16.5 feet to.a point at the line of lands now or Nate of
John Millaster,thence by said last mentioned lands in a southerly di point
79.4 feet to North Street;thence in a
northeasterly direction along the northern One of North Street 18.5 feet,more or less,to a point at line of lands
now or hate of Frances Gland;thence by said last mentioned lands in a northerly direction through the center of
said partition wall 67.8 feet,more or less,to the point or place of BEGINNING.
HAVING thereon erected the western half of said two story frame dwelling hou
Road,West Fairview,Pennsylvania. se known as No.214 State
OT 2.
COMMENCING-at a point In State Street a corner of lot now or late of Sarah C,Sm9ibW thence along
said Street-in an.easterly direction nineteen (19) feet We (5) inches to comer of lot now or formerly of Flank
Hawbaker,•thence along line of said lot now or formerly of Frank Hawbaker in a southerlydirection fl(1
feet seven(•7)inches-tMNdrth Street;thence along said North Street in a westerly direcion nineteen9)-feet t (frvve
(5)-inches to other land now.or late of Sarah'C. Smelter,thence along said last
drection fifty-w ren(.57)feet seven(7)inches to the•place of BEGINNING. mentioned lot In a northerly
E"ROVED with a two-story frame dwelling,No.212 State Street,West Fairview,
Pennsylvania
BEING the same premises which.Geraldine Biser, by her deed dated July 10, 1992,and recorded in the
Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Deed Book T,Volume 35,Page
1032,granted and Conveyed to Paul John Sopensky and Emily L•Sopensky,Grantors herein.
ALTA a mmitrrignt:
Schedufa A(4w§"nvedJ
1 16 TRlNDLE•RO D MECHANiCSBURr^„ PENNSYLVANIA
ALLOSIE tract or parcel of land and premises, situate in South Middleton'Township, Cumberland
County, Pennsylvania, bounded and described'according to that certain Final Minor Subdivision Plan for Frank
418ck,Jr'., Inc.dated August 4, 1984,and revised June S. 1985, Drawing No. 85012,acrd recorded in Pian Book
47,Page 174,as folb"..
BECINNINr f thepoint in the center of Trindle Road(PA 641, L.R. 305),said beginning point being the .
United Tele comer of the tract herein described; thence by lands now or formerly of.John Newkam and the
United Telephone Company of Pennsylvania, South 3 degrees, 45 minutes West, a distance of 732.6•feet to e
stake;thence by lands now or former of Ral C
N tto
• Ph C.Q , No7th 87 degrees, 15 minutes West,a distance of 275
ALTA aomm@ment
sdWule A(confined)
owart
e guaranty c onvany
SCHEDULE A
(continued)
File No.S199-747 . Commitment No.5109-747
feet to a stake; thence by lands now or formerly of Raymond Peterman, North 3 degrees, 45-minutes East, a .
distance of 765.00 feet to a point In the center of the aforementioned Trindle Rdad;thence by the center of said
I Pandie Road, South 80 degrees, 15 minutes East, a distance of 775.50 feet to the point and place of
BEGINNING: . .
BEING the same premises which Robert D.Kint and Deborah K. Kant, by deed dated October 1, 1998, .
and:recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book.186,Page 497,granted
and conveyed to P.John Sopensky,Grantor herein.
14-U LE ROAD,MECHAN)<OMMG,PENNSYLVANIA
ALL THOSE tract or parcel of land and premises, situate in South Middleton Township, Cumberland
County,Pennsylvania,more paitIcularly described as follows:
BEGINNING at-a point in the center of Trindle Road (Pennsylvania Highway Route No.641);thence by
land pow or formerly of R. B. Equipment Company,South 3 degrees 45'minutes West 245 feet to an iron pipe;
thence by land now or formerly of Erma F. Jumper,North 79 degrees 15 minutes West 200 feet to an iron pipe;
thence by land formerly of Enna F.Jumper, now or formerly of Frank L. Black,Jr., North 3 degrees 45 minutes
East 245 feet to a point in the center of the Trindle Road;thence by the center 6f said Road,,South 79 degrees 15
minutes East 200 feet to the place of BEGINNING.
CONTAINING 1.116 acres and being improved with a commercial building.
13E1NO the same premises which Robert D. I(Int and Deborah K. Kirit, by deed dated October 1, 1998,
and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 186,Page 503,granted
and conveyed to P.John Sopensky,Grantor herein.
61 EAST MAIN STREET,MECHANICSBURG.PENNSYLVANIA
-ALL THAT CERTAIN lot of grounded, together with the Improvements thereon erected, sldiate on the
northwest corner of East Main and North Arch Street,in the Borough of Mechanicsburg.County of Cumberland,
and State of Pennsylvania,bounded and described as follows,to wit:
BOUNDED on the South by said East Main Street;on the East by North Arch Street on the North by
Strawberry'Alley',and on the West by Lot now or formerly of the•Elizabeth A. Singiser Estate. Having width In
.front and.rear of twentyahree(23)feet,more or less,and a depth of two-hundred seven(207)feet,more of less,
from said East Main Street to Strawberry Alley.
HAVING THEREON erected a two and one4m1f.story frame dwelling house known as No.61 East Main
Street and a two story frame dwelling house known as No.5 North Arch Street,Mechanicsburg,Pennsylvania.
I
ALTA Commpment
Sdro&de A(conflnuel*
twe quarvinity company
SCHEDULE A
(continued)
File No.S100-747 Cbmrridment No.5100447
101 EAST MAIN STREET:MECH84ICSBURG PENNSYLVANIA
ALL THOSE CERTAIN lot of ground and the buildings thereon erected, situate in the Borough of
Mechanicsburg,County of Cumberland and State of Pennsylvania bounded and described as follows,to wit
BOUNDED on the South by least Main Street,on the East by lot formerly of C.M. Long,now or formerly -
Of U.,G.',Seyler and•.Mary E. Sayler, his wife,on the North by Strawberry Alley,,and on the West by North Arch
Street,'containing in front on said Main Street forty-three and twenty-five one-hundredths (43.25) feet, and in
depth to said alley, two hundred six (206) feet, where the width is forty-four and twenty-five on"undredths
(44.25)feet,be the same more or less.
BONG improved with an apartment building and attached garage known and numbered as 101.East
Main Street,Mechanicsburg.
439 aDSME,T 0 VANIA
ALL THAT CERTAIN lot of.ground situate in Borough of West Fairview, now referred to as East
Pennsbbro Township,Cumberland County,Pennsylvania;bounded and described as follows,to wit
BEGINNING at a point on Third Street,said point being 21 feet 3'/.inches South of the southeast comer
of Third and North Streets;thence in an easterly direction on lands now or late of Jacob Smith Estate,a distance
of 139 feet to an alley; thence in a southerly direction along said alley 181/4 feet to a point at lands now or late of
L I.Cargill;thence in a westerly direction along said lands now or late of.L I.Cargill and through the middle of the
partition wan between the double two-story frame dwelling house erected on the within described lot of ground'
and the lot adjacent on the South,a distance of 139 feet to Third Street;thence along the eastern side of Third
Street, a distance of 181/feet to a point at the comer•of lands now or late of Jacob Smith Estate,the place of
BEGINNING.
HAVING THEREON ERECTED the northern half of a double two-story frame dwelling.
BEING the same premises which Bernard C. Fen), Jr.,single man, by Deed dated March 4, 1998, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Deed Book 180,
Page 291,granted and conveyed unto P.John Sopensky,Grantor herein.
1419IEST LISBU N ROAD BMRA-NSDALE.PENNSYLVANIA
ALL.THAT CERTAIN tract or parcel of land situate in the village of Bi mnansdale, Township of Upper
Allen,County of.Cum6erland and State of Pennsylvania,bounded and described as follows:
TRACT L',
BEGINNINGat a-comer of Lot No.7 and the public road known as Lisburn Road(formerly referred to as
West Street);thence by said street known as the Lisburn Road,South 72 degrees West forty(40)feet to Lot No.
9;thence by said Lot,North 18 degrees West,one hundred fifty(150)feet to Summit,Alley;thence by said Alley,
North 72 degrees East, f=orty(40)feet to Lot No.7,aforementioned;thence by said Lot No.7,South 18 degrees
East,one hundred fifty(150)feet to the point and place of BEGINNING.
HAVING THEREON ERECTED a single family dwelling house.
ALTA Commi3nent
schedule A(cPnrahu4
gLItavaty oomPiny
SCHEDULE A
(continued)
Pile No.3100-747 Commitment No.5100747
BMNG the same premises which James.Patrick Roxbury, single man, Deed dated April 11, 2002, and
recorded in the Office of the Recorder of Deeds In and for Cumberland County,Pennsylvania on April 16,2002,in .
Deed Book 251.,Page 1238,granted and conveyed unto Paul John Sopensky,the Grantor herein.
ALTA Contiftent
Schedule A(coiftuew
ROBERT P.ZIEGLER E
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE;PA 17013 `
717-240-6370 -
Instrument Number-200810515
Recorded On 4/4/2008 At 9:16:18 AM *Total Pages-16
*Instrument Type-MORTGAGE
Invoice Number-17932 • User Q)-KW
*Mortgagor-SOPENSKY,P JOHN
*Mortgagee-ORRSTOWN BANK
*Customer.-PA REAL ESTATE
*FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $10.00
JUSTICE DO NOT DETACH
RECORDING FEES - $33.50
RECORDER OF DEEDS now This page is art
AFFORDABLE HOUSING $11.50 p g P
COUNTY ARCHIVES FEE $2.00 of this legal document.
ROD ARCHIVES FEE $3.00
TOTAL PAID $60.50
I Certify this to be recorded
in Cumberland County PA
RMM"MOGIGS
*-Information denoted by an asterisk may change during
the verification process and may not be resected on this page.
000MM
Illl�l�lll�illll��ll
103-105 EAST MAW STREET.MECHANICSBURG.PENNSYLVApjjA
ALL THAT CERTAIN lot of ground situate in the Third Ward of the Borough of Mechanicsburg,County of
Cumberland and State of Pennsylvania,bounded and described as follows,to wit;
BEGINNING at a point in the curb line of East Main Street at lot now or formerly of Mervin Messinger,thence
eastwardly by said curb line of East Main Street;twenty-four(24)feet to lot now or formerly of John H.Gouse
and Marian T.Gouse,his wife;thence northwardly by the line of said lot now or formerly of John H.Gouse and
Marian T.Gouse,his wife,two hundred(200)feet to Strawberry Alley;thence by said Alley,westward twenty-
four(24)feet to a point at lot now or formerly of Mervin Messinger;thence souWwardly two hundred(200)feet
to the cuib line of East Main Street,the point and place of BEGINNING.
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF CUMBERLAND,ss:
No this,the &day of�+vu� 2009 I,I Pamela S. Comman,the undersigned
Notary Public, hereby acknowledg that on the 2e day of March, 2008, before me,
personally appeared P. John Sopensky, also known as Paul John Sopensky, and also
known as Paul J. Sopenslq, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he executed
the same for the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my hand and o8ic' seal.
Notary Aublic
My combission expires
o„(�onExI O7 ire''8SpYu�LbiVcA
0D
W
a; MtttW.7�pmbe&rw
Member, yMMM
As—jatlon oI Nokft
ROBERT P.ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE,PA 17013
717-240-6370
Instrument Number-2009006"
Recorded On 1/8/'2009 At 1:12:39 PM *Total Pages-19
*Instrument Type-MORTGAGE
Invoice Number-35031 User ID'-MSW
*'Mortgagor-SOPENSKY,P JOHN
*Mortgagee-ORRSTOWN BANK
*Customer-PA REAL ESTATE
*FEES
STATE MIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $10.00
JUSTICE DO NOT DETACH
RECORDING FEES — $39.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $120.00 This page is now part
FEES of this legal document.
AFFORDABLE HOUSING $11.50
.COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $186.50
I Certify this to be recorded
in Cumberland County PA
w
RECt)RDER O S
"-
Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
EXHIBIT 64U
' � - CiiltIai.3a Pi00P�Rl7 TD7tA'IYICA?IOIi lifA6tR9
16-23-056b-lit - IC600lW
ib-23-OD6b-113 - IODL$�IIC6$t1Ra ;
45-17=1044-207 -
4s-17-ia�4-lsa -
1Q-23-.1368-051 - IdOmicam it0
42-so=2111-004 - VPPM JLZ= TP
as-17-iota-015 -
13-17-1044-209 -
45-17-1044-169 -
�0-Z2-0119-006 - soya HIooLEM
40-120129-Oa9 - Soun NIa®LWW
45-17=3044-396
00019 =218WT 02/13/2013 sr TS
THIS DOCUMENT PREPARED BY
AND[JPON RECORDATION,RETURN TO:
ANDERSON,MCCOY 8t ORTA,P.C.
l oe Noft Broadway,Suite 2600
Oklaboms City,OK 73102
Telepliano: (888)2364M
Ctmnbellm d County,Sbttc of Penalyinnis
Tax Map No.or Tax Paned Hadfiention No.: 18.234M&113;45.17-1044-207;
45-17-1044-193-, IS-2 -0568-061;42-30.21140x4;45-17-1044416-,45-17-1044-ISS.-45-17.1044-
184;45-17-1044-196-08-22-9104W and 44622.4119.009
1 card&thet the precise address of the Assipee is c%Sabal l:insncial Group,L.P.,4675 MacArthur
Court,Suite 1350,Nuwport Beach,CA 92660
ASSIGNMENT OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
THAT, Onatown Bank,a Pem Vivanis banking corporation, having an address of
77 East King Street,Shippensburg,PA 17257{heneiu da ref vd to as"Aykpor"),for value
woeived,does by.these presents,grant, sell,transfer,assign,convey and set over to M"fis
Portfolio,LLC,a Delaware limited liability company,its successors and assigns(hereinafter
refenrd to as " " having an address of c/o Sabal Financial Croup, L.P., 4675
MwArthur Court, Suite 1 S50, Newport Beach, CA 92660, all of Assignor's right, title and
intertest in and to that c otain:
AMO W::2511055
Loco Nemec sOPE ucy P iom
Lana Re£:26442909002
THIS DOCUMENT PREPARED BY
AND UPON RECORDATION,RETURN TO:
ANDERSON,MCCOY 8t ORTA,P.C.
100 North Broadway,Suite 2600
Oklahoma_City,OK 73102
Telephone: (888)234-0007
Cumberland County,State of Penneytvanis
Tax Map.Na or Tax Pared Identification No.: 18-234565-114-. 13-234156&113;45-17-1044-287;
45-17-1044-195; 18-33-0565-051;42h-2114.004;45.17-1044-016;45-17-1044-188;45-17-1044
1891-45.17-1044-196;40-22-0119-M and 40.22-0119109
1 certify that the precise address of the Assignee is c%Sabal Financial Group,L.P.,4675 MacArthur
Court,Suite 1550,Newport Beach,CA 92660
Ni c !lone
ASSIGNMENT OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
THAT, Orrstown Bank, a Pennsylvania banking corpomdon, having an address of
77 East King Street,Shippensburg,PA 17257(hereinafter referred to as" s ' o_r"), for value
received,does by these presents, grant, sell, transfer, assign, convey and set over to Magnolia
Portfolio,LLC,a Delaware limited liability company,its successors and assigns(hereinafter
referred to as "Assignee" having an address of c/o Sabal Financial Group, L.P., 4675
MacArthur Court, Suite 1550, Newport Beach, CA 92660, all of Assignor's right, title and
interest in and to that certain:
AMO Ref:2510.055
Lona Nana SOPENSKY P JOHN
Loss Ref.:26442909002
Mortgage dated Manch 28,2008,executed by P. Jolty Sopensky known as Paul
John Sopensky a/k/a Paul J. Sopensky, the grantor, to Orrstown Bank, the
Lender, recorded on April 4, 2008, as Instrument Number 200810515, and re-
recorded on January 8, 2009 as Instrument Number 200900644 in the Oficial
Records of Cumberland County,State of Pennsylvania("Recorder's Office"),as
the same may have been assigned,.amended,supplemented,restated or modified
(the"Mortgage").
The Mortgage covers the property described therein,less and except any portion of the property
previously released and/or reconveyed.
TO HAVE AND TO HOLD the same unto said MAGNOLIA PORTFOLIO,
LLC,ITS SUCCESSORS AND ASSIGNS.
THIS ASSIGNMENT IS MADE WITHOUT RECOURSE, REPRESENTATION OR
WARRANTY,EXPRESS OR IMPLIED,WRITTEN OR ORAL,BY ASSIGNOR.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
AMO Ref.:2510.055
Loan t ww.SOPFNSKY P JOHN
Loan Ref.:26442909002
IN WITNESS WHEREOF, Assignor has caused this .instrument to be executed this lay of
February,2013.
ASSIGNOR:
ORRSTOWN BANK,a Pennsylvania banking corporation
By: Magnolia Portfolio,LLC,a Delaware limited liability
companIM
-in-Fact
By: E�&
Name: R.Patterson Jackson
Title.- Authorized SigutDry
r Ska.+r,t
ACKNOWLEDGMENTT
STATE OF CALIFORNIA I I
COUNTY OF ORANGE }
On this day of February, 2013, before me. perso appeared R. Patterson Jackson, as
Authorized Signatory for Magnolia Portfolio, LLC, a De limited liability company,Attorney-in-
Fact for OnsWwn Bank,a Pennsylvania banking. on,known to me or proved to me on the basis
of satisfactory evidence to be the persons who ex ted the foregoing instrument, and they thereupon
duly acknowledged to me that they executed the a to be their free act and deed.
WITNESS my hand and official seal.
My commission expires: Name of.Notary:
AMO Rcc:251o.ws
I.aan Nemo:SOPENSKY P JOHN
Loan Ref.:26442909002
State of California }
County of-Oran
.ge }
On February 5, 2013, before me, Lynn.Mattson, Notary Public, personally appeared R.
Patterson Jackson, who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the
instrument the person,or the entity upon behalf of which the person acted,executed the
instrument.
1 certify under PENALTY OF PERJURY under the taws of the State of California that
the foregoing paragraph is true and connect.
WITNESS my hand and official seal. LYNN MATTSQH
Canwas►on I t Q�0e 75
a NoloryPobfie.Cafifornia z
Orange County.
(SEAL) �y Comm..Ex keg fNar Y7,20i5
Pub0c Signature
1
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY '
I COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370 '
a
Intrumem Number_20130033
Recorded On 2/1312013 At 12:30:05 PM •Total Pages-5
'bgrumeat Type-ASSIGNMENT OF MORTGAGE
Invoice Number- 129275 User ID-M8W
'Mortgagor-SOPENSKY.P JOHN
'Mortgagee-MAGNOLIA PORTFOLIO LLC
'Customer-SIMPLIFILE LC.-RECORDING
.mss
i
STAM WRIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $23.50
=$TI`* DO NOT DETACH
ascan in raas - $12.00
RRCOMER OF DEEDS
PARCEL CERTIPICATION $120.00 This page is now part
FRES of this legal document.
COMITY ARCHIVES PEE $2.00
ROD ARCHIVES PEE $3.00
TOTAL PAID $161.00
I Certify this to be recorded
in Cutnheriand County PA
;A74—
REC01WER
OF DEEDS
•-1 ntwwadon denoted by w axkrbk="iW durtaR
the wedWidin process and may no be rdkekd as Ibis pair.
VERIFICATION
LAwti v4 ,hereby states that h /sh is si of SABAL
FINANCIAL GROUP,LP,mortgage servicing agent for Plaintiff in this matter,that his authorized
to make this Verification,and verify that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of hi6enformation and belief. The undersigned
understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to
unsworn falsification to authorities.
Further,due to its mortgage servicing agency relationship with plaintiff,MAGNOLIA
PORTFOLIO,LLC,is in possession and control of all documents and records supporting the statements
in the foregoing pleading and,therefore,the undersigned,rather than an officer or employee of plaintiff,
is the appropriate ' divid al to make this Verification pursuant to Pa.R.C.P. 1024(c).
Name:
Title:
Company:
Date:
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY:ri:c.;;
FiZOTHONO
7Vii SE? 22 ti 229
CUMBERLAND COUNTY
PENNSYLVANIA
' Coczn,
OFPICE OF TiSZHE,R1FP
Magnolia Portfolio, LLC, a Delaware limited liability company, assigne
vs.
P John Sopensky
Case Number
2014-5198
SHERIFF'S RETURN OF SERVICE
09/12/2014 01:30 PM - Deputy Shawn Gutshall, 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: P John Sopensky at 1300 Market Street, Suite 12, emoyne, PA 17043.
Zies'
Mbry
..*We 1NT;7
N GU ALL, DEPUTY
SHERIFF COST: $46.08 SO ANSWERS,
September 16, 2014
u-4 County:Suite Shea, Teleosoff. Inc.
RONNY R ANDERSON, SHERIFF