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Home My WebLink About14-5199 � A Supreme C© �nnsylvania Cou &li o leas For Prothonotary Use Only. 2 Docket No: T C r a County — 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 otherpapers as required by law or rules of court. Commencement of Action: I S El Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Magnolia Portfolio, LLC Paul J. Sopensky � Dollar Amount Requested: 0 within arbitration limits I Are money damages requested? IM Yes 0 No (check one) Eloutside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes IM No A Name of Plaintiff/Appellant's Attorney: James D.Young, Esquire ® Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) rNature 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 0 Intentional ® Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle ® Debt Collection:Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability 0 Statutory Appeal:Other S 0 Product Liability(does not include E mass tort) 0 Employment Dispute: ® Slander/Libel/Defamation Discrimination C ® Other: 0 Employment Dispute:Other 0 Zoning Board T 0 Other: i I ` 0 MASS TORT 0 Other: 4 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES I 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations E 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Ox- Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: ® Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAGNOLIA PORTFOLIO, LLC, CIVIL DIVISION a Delaware limited liability company, assignee of Orrstown Bank, Plaintiff, Vs. TYPE OF PLEADING PAUL J. SOPENSKY a/k/a P. JOHN 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 ORA DEFAULT JUDGMENT Scott A. Dietterick, Esquire MAY BE ENTERED AGAINST YOU. Pa. I.D. #55650 James D. Young,Esquire Pa.I.D. #53904 �. C , ATT EY FOR PLAINTfF _D--r I'T7 M (� Cil I HEREBY CERTIFY THA HE ADDRESS OF THE PLAINTIFF IS: JSDC LAW OFFICES r 4675 MacArthur Court,Suite 1550 > CD Newport Beach,CA 92660 r Q —T-1 AND THE DEFENDANT(S): P.O. BOX 650 =C) 30 E.Maplewood Avenue Hershey,PA 17033 anicsburg,P 1 055 ATT RN FOR PLAINTIFF (717) 533-3280 CER ICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 1416-1422 Trindle R d /k/a 1773-1779 West Trindle Road,Carlisle,PA 17013 A O7 FOR PLAINTIFF /0s; ll s, rIs goal �� *- ?,2If3 1zg-3io0;z a 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. MAGNOLIA PORTFOLIO, LLC, a Delaware : IN THE COURT OF COMMON PLEAS limited liability company, assignee of : CUMBERLAND COUNTY, Orrstown Bank, : PENNSYLVANIA Plaintiff, : V. NO. PAUL J. SOPENSKY a/k/a P. JOHN 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. PAUL J. SOPENSKY a/k/a P. JOHN 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. PAUL J. SOPENSKY a/k/a P. JOHN 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, Paul J. Sopensky a/k/a P. John Sopensky, is an adult individual with an address of 30 E. Maplewood Avenue, Mechanicsburg, Pennsylvania 17055. 3. On or about March 29, 2005, Chestnut Street Townhouses, LLC, executed and delivered a certain Promissory Note ("Note") in favor of Orrstown Bank in the original principal amount of$50,000.00. A true and correct copy of said Note is marked Exhibit"A", attached hereto and made a part hereof. 4. On or about March 29, 2005, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Orrstown Bank a Mortgage in the original principal amount of$50,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 7, 2005 in Book 1902, Page 4438. 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 29, 2005, with said Assignment of Mortgage ("Assignment") being recorded in the Office of the Recorder of Deeds of Cumberland County on February 15, 2013 as Instrument Number 2013305176. 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 $ 49,986.39 Interest through 5/30/2014 $ 279.78 Late Charges $ 200.00 Other Fees $ 67,398.66 Attorney's Fees (Foreclosure) $ 1X650.00 Court, Sheriff&Title Costs $ 587.00 TOTAL $ 120,101.83 plus interest on the principal sum ($49,986.39) from May 31, 2014, at the rate of$4.51 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$120,101.83 with interest on the principal sum ($49,986.39) from May 31, 2014, at the rate of$4.51 per diem,plus additional charges, costs (including escrow advances), additional attorneys' fees and costs with foreclosure and sale of the mortgaged premises. JSDC LAW OIFFICES Date: BY: co t A. ietteri k sq ' e I.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. EXHIBIT "'A" I. • PROMISSORY NOTE FR,for,ncas ._ ..,.�: ....A,.,.a�• ,. . :oin the shaded area are for Lender's use oNy and do not limit the applicability of this�document to�` �r� :::.• ,� . •-- Any item above containing"•*•"has been omitted due to text length limitations. Y particular loan or item. BOIrOWer: in Street Townhouses,LLC(TIN: 20.07690111 Lender: ORFISTOWN BANK 30 Eaat Maplewood Avenue SILVER SPRING OFFICE MechaMcaburg,PA 17055 P 0 BOX 250 SHIPPENSBURG.PA 17257 Principal Amount: 850,000.00 PROMISE TO PAY. ChInitial Rate: 5.750% Date Of NOW March 29, 2005 estnwt Street Townhouses, LLC("Borrower')promises to pay to ORRSTOWN BANK("Lender"),or Of the United States of America, on demand. the principal amount of order.in lawful money o��ing• together with interest on*the unpaid outstandi Y Thousand&00/100 Dollars($50,000,00) or so much as may be each advance until repayment of each advance, ng Principal balance of each advance, interest shall be calculated from the date of PAYMENT. Borrower will pay this loan in full immediately u n unpaid interest due as of each payment date. y Po Lender's demand. Borrower will pay regular'monthly payments of all accrued each'month after that. Unless otherwise agreed April 29. 2005, with all subsequent interest payments to be due on the same day of then to principal:.then o g�or required by applicable law. Payments will be applied first o any accrued u any unpaid collection costs:and then to any late charges., unpaid interest: 365/360 basis:that is.by applying the ratio of the annual interest rate over a The annual interest rate for this No is computed on a multiplied by the actual number of da Borrower of r days,multipled by the outstanding principal balance, such other place as Lender ms des the writing. al balance Is outstanding, Borrower will pay Lender at Lenders address shown above or at Y agnate in writing. VARIABLE INTEREST RATE. 'The interest rate on this NOW is subject to change from time to time based on than which is the Wall Street Prime(the -Wax.). Lends en. The Index is not necessarily the lowest rate charged by Lender on its loans. If the index becomes unavailable during gee in an independent index nrB the term of this loan.Lender may designate a substitute index after notice o Borrower. Lender will tel Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often then each day. Borrower understands that Lender may make loans based on other rates as weft. The Index currently is 5.750% per annum The interestrete o be applied to the unpaid principal balance of this Note will be at a rate equal to the index.resulting in an initial rate of 5.750%per annum, NOTICE: Under no circumstances win the interest ram on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the data of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all oraamount to by Lender In writing, relieve Borrower of Borrower's obligation o continue to mowed ake Pay it is due. Early payments will not. unless agreed payments,will reduce the principal balance due. Borrower agrees not to send Lender Payments of accrued unpaid interest. Rather, early similar language. If Borrower sends such a Payments marked "paid in full". without recourse*, or will remain obligated o Payment. Lender may accept it without losing any of Lender's rights.urider this Note. and Borrower or other a 'any further amount owed to Lender. All written communrcations.conceming disputed amounts, including any check Payment instnanenrc that indicates that tha payment constitutes "payment in full*of the amount owed or that is tendered with other conditions or limitations or as fun satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a regularly scheduled interest payment is 16 days or more late. Borrower will be chs Payment or$50.00•whichever is greater. If Lender demands' oam rged 5.000%of the regularly scheduled after Lender s demand,Borrowa'afso will be charged either 5.000%of the num of d Borrower does not pay the loan in full within 16 days whichever is greater. unpaid principal plus accrued unpaid interest or$50.00. INTEREST AFTER DEFAULT.. Upon default, including failure to law• increase the variable interest rate on this Note to 3.000 sateen pen final maturity, Lender.e Points over the Index. Tits option, may, if permitted under applicable ram Permitted by applicable law. If judgment Is entered in connection witlt th Note inm st wifthe te continue o accrue on thisrest rats will re t'exceed Nmaxim oteattum er Judgment at the interest rate applicable to this Note at the time Judgment is entered. DEFAULT. Each of the following shah constitute an event of default("Event of Default")under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fans to comply with or to perform any other term. obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term,obligation,covenant or condition contained in anyother agreement between Lender and Borrower. False Statements. Any warranty, representation or statementmade or fumished to Lender by Borrower or.on Borrower's behalf under this Nom,or the related documents is false or mislead'mg in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency.: The dissolution of Borrower (regardless of whether election to continue is made). anymember withdraws from the insolvency of Borrower. the appointment of a receiver for any part of Borrower's Property,any assignment for the benefit of creditors,any type of creditor workout, Borrower, or any other termination of Borrower's existence as a going business or the death of-any member. or the commencement of any Proceeding under any bankruptcy or insolvency laws by or against Borrower. Crediton or Forfeiture Proceedings, Commencement of foreclosure or forfeiture proceedings. whether by Judicial repossession or any other method, by any creditor of Borrower or by any governmental raO�cmg• self-help. This includes a garnishment of any of Borrower's accounts, including deposit accounts. with Lenyde�iH any o his Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is'the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceedinender, in its sole discretion g, in an amount determined by L . as being an adequate reserve or bond for the dispute: Events Affecting Guarantor. Any of the preceding event, occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent. or revokes or disputes the validity of. or liability under any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. �. PROMISSORY NOTE (Continued) Page 2 Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of Performance of this Note is impaired, P P Payment or Insecurity. Lender in good faith believes,itself Insecure. Cure Provisions. If any default. other then a default in payment is curable and if Borrower has not been given a notice of a breach of the same,Provisionof this Note within the preceding twelve 02) 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 from 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 balance on this Note and-all accrued unpaid interest immediately due.and then Borrower will pay that amount. principal ATTORNEYS' FEES:EXPENSES. Lender may hire or pay someone also to help collect this Note H Borrower does not Lender that amount. This includes. subject.to any limits under applicable law. Lender's attorneys'fees and Lender's legal a expenses..whether or not there is a lawsuit. including attorneys'fees, expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or Injunction). and appeals: If not prohibited by applicable law. Borrower also will- any law. court costs, in addition to all other sums,provided by JURY WAIVER. Lender and Borrower hereby waive the•right to any Jury trial in any action.proceeding..or counterclaim brought or Borrower against the other, by either Lender RIGHT OF SETOFF. To the extent permitted by applicable law. Lender ressivas a right of setoff in all Borrower's accounts with Lender(whether checking, savings.-or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However. this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender.to the extent permitted by applicable law. to charge or setoff all sums owing on the Indebtedness against any and all such accounts:and,at Lender's option. to administratively freeze an such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated March 29.2005. to Lender on real property located In Cumberland Cou • nty, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real Property located in Cumberland County.Commonwealth of Pennsylvania. PROPERTY INSURANCE. Borrower understands that Borrower Is required to obtain insurance for tha collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement m provide Insurance,all the Leans and conditions e which are hereby Incorporated and made a part of this Note. of LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note. as wed as directions for Payment from Borrowers accounts. may be requested orally or in writing by Borrower or by an authorized be confirmed in writing. Borrower person. Lender may.but need not require that f oral requests agrees to be liable for all sums either:,(A) advanced in accordance with the instructions of an authorized person or- (B) credited to any of Borrower's.accounts with Lender. The unpaid principal balance owing on-this Note at any time may be evidenced by endorsements on this Note or by Lenders internal records. including daily computer Print-outs. Lender will have no obligation to advance funds under this Note if: (A) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any grantor has with Lender. including any agreement made in connection with the s ceases doing business or is insolvent: (C) any guarantor seeks. claims igning of this_Note: (B) Borrower or any guarantor or otherwise attempts to limit. modify or revoke such guarantor's guarantee of this Note or any other loan with Lender. (D) Borrower has applied funds Provided pursuant to this No those authorized by Lender:or (E) Lender in good faith believes itself knecure. to.for purposes other than FINANCIAL INFORMATION.The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA any other flnandal.information.required by the Lenders Original Commitment Letter to the Borrower on an annual is. I the Statements Lender does no receive the required financial information within two hundred seventy(270)days of the Borrower's_fiscal year end. the Lender has the right w increase the interest rate charged on this Note by 0.25°%. The Borrower shall receive written notification ten (101 days prior to the Lender increasing the interest rate charged on this Note. SUCCESSOR INTERESTS. The terra of this Note shall be binding upon Borrower..and upon Borrower's heirs, personal repres successors and assigns•and shalt inure to the'benefit of Lender and its successors and assigns. entatives. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES, Please notify us'if we report any inaccurate information about-your account(s)to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies)should be sent to us at the following address:ORRSTOWN BANK.SILVER SPRING OFFICE, P O BOX 250, GENERAL PROVISIONS. This Note is payaSHIPPEIVSBURG.PA 17257. ble on demand. The inclusion of specific default provisions or rights of Lender shall not Lender's right to declare payment.of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies underpreclde this Nolte without losing them. Borrower and any other person who signs. guarantees or endorses this Nota. to the extent allowed by law, waive presentment demand for payment and notice of dishonor. Upon any change in the terms of this Note.and unless otherwise x writing.no Party who signs this Note.whether as maker.guarantor.accommodation maker or andorsar, shad be released from liability. AN such Parties agree that Lender may renew or extend(repeatedly and for any length of timet this loan or release any party or guarantor or collateral:or impair, fad to realize upon or perfect Lender's security interest In the collateral:turd take any other action deemed necessary or Lender without the consent o or notice to anyone. All such parties also agree other than the party with whom themade. that Lender ations und may modify this loan without the consent of or notice to anyone nnY reason determined to be unenforceable it willot affect the enThe forceablli or any Note other joint and several. If any portion of this Note k for N Y . provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR' THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA. OR RE. TO APPEAR AT ANY TIME ELSEWHE 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(10%1 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION. BUT 1N ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY:AND FOR SO DOING.THIS NOTE OR A COPY OF THIS(VOTE 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 PROMISSORY NOTE (Continued) HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT ANDS Page 3 SPECIFICALLY CALLED THIS CONFESSION C JUDGMENT PROVISION TO STATES THAT EITHER A REPRESENTATIVE H LENDER REPRESENTED BY INDEPENDENT LEGAL COUNSEL, The Oen-arising f� a BORROWER'S ATTENTION OR BORROWER authority shall not extend to any of Borrower's residential real ro HAS BEEN any judgment confessed or entered pursuant m the foregoing P petty as that term is defined in the PemsyNanla Act of January 30, 194(Pa. 13, No. 6), referred to as the Loan Mterest and Protection Law, as amended Laws Pursuant m the forgoing authority Lon I i r enforcement of a . and the holder of an residential real property; any such Judgment, execute ie or Y Judgment confessed or yentered such thereof shall l Provided, however, that the Tien of such c W otherwise proceed against any such permitted-to execute, levy ornst lodgment shad extend m such residential real property and that the holder contemplated by Section 407 of such Loan Intere i and Protection Law such residential.'real proOf perty from and after the en successor or similar statutes and rules. No Omitation of lien or arta Rules or o to 298o of the Pennsylvania Ru entry Civil Pro Judgment or 'sentence.shall apply with respect to an mY execution,Navy or other enforcement curtained in the immediate) Y Judgment obtained other than by the foregoing authority tb confess or enter y Preceding PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLt1' THE VAR INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. judgment. BORROWER ACKNOWL®(3ES RECEIPT OF A COMPLETED SPY OF THIS PROMISSORY NOTE. (ABLE THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE'AND H SEALED INSTRUMENT ACCORDING TO LAW, AVE THE EFFECT OF A BORROWER: CHESTNUT STREET TOWN OUSES,LLC :. ' ;gin,, .., {•�•z<�z;� :>o: :;�c�;.r.;,.,, f•: Patel Js ky. Mara r o Chestnut Str Townhouses,LLC � set . . !��wro.w.e.m tnoou ees..were rr.,d„awe.,.,Mq faa7 mos. w . iaoe„a..rwa. •M 4'�CtAYLbT0.N:7R!)tf NF1 .: DIS URE FOR CONFESSION 01&pGMENT IN TDOran encnot Emit the a pdiicabiEty of this document to ay Particular loan or item,as been omitted due to text len limitationsChestnut Street Townhouses.LLC(TIN: Lender: ORRSTOWN BANK 30 East od Avenue SILVER SPRING OFFICE Mechanicsburg,PA 17055 P 0 BOX 250 SHIPPENSBURG,PA 17257 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF'OECLARANT, THIS PROMISSORY NOTE FOR$50,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT OF 20 d(1 A A: THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT.AGAINST OECLARANT IN-COURT, AFTER A DEFAULT ON THE NOTE, NOTICE TO OECLARANT-ANO WITHOUT OFFERING OECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRE THE NATE, BEING FULLY AWARE OF DECLARANT'$ RIGHTS TO ADY OF JUDGMENT.WITHOUT ADVANCE EXECUTING ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST OECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE OECLARANT, IS KNOWINGLY, INTELLIGENTLY,AND VOLUNTARILY WANING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT,AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT A 1 ECLARANT BY CONFESSION,AS'PROVIO�FOR IN THE CONFESSION OF JUDGMENT PROVISION. ••::rra ; ,:, ' INITIALS: w:,a:.w-<�... .:8iv:•:m . B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER'JUOGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE'CONFESSION OF JUOGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER,AFTER ENTRY OF JUDGMENT,AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING,TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING OECLARANT-S PROPERTY, IN FULL OR PARTIAL. PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF OECLARANT'S RIGHTS TO ADVANCE NOTICE'ANO A NEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT,THE UNDERSIGNED, ON BEHALF OF THE OECLARANT,IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE ANYRIGHTS,AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENOER'S IMMEDIATELY EXECUTING ON THE AIVJUDING H IN INITII ANN- EO BY APPLICABLE STATE ANO FEDERAL LAW,WITHOUT GIVING OECLARANT ANY ADVANCE NOTICE.' 191 C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES,THE UNDERSIGNED REPRESENTS THAT: INITIALS I. OECLARANT WAS REPRESENTED BY NOTE. OECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OECLARANT•S ATTENTION. N OF-JUDGMENT PROVISION IN THE NOTE TO THIS DISCLOSURE IS GIVEN UNDER SEAL AND ITt3 INTENDED THAT THIS DISCLOSURE IS ANO-SHALL,CONSTITUTE AND HAVE THE .EFFECT OF A SEALED,INSTRUMENT ACCORDING TO LAW. OECLARANT: CHESTNUT STREET T HOUSES,LLC Pau J cPkp s .,..mss: ens r ger hestnut Street Townhouses,LLC - ::��www.w..*.a+.maos eo,»..,,— _•.s. . —.�_.....+....w. �..e�u»,wwe, -M 0.141tuUD]4/C Tb7H p►1 EXHIBIT "B" RCRERf.P. ZIEGLER Parcel identif anion �tE.%4nGER OF DEEDS Number: '11 '3E1 RLW!0 C0)Ui'•7Y-M RECORDAnOni 1132 REQUESTED BY: ORRSTOWN BANK SILVER SPRING OFFICE P O BOX 250 SHIPPERSBURG,PA 17257 "EN RECORDED MAIL ORRSTOWN BANK ' P.O.SOX 260 1NS ' 720BURG,PA • '17267.' OPEN -END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES'. Amount Secured Hereby. $50,000.00 THIS MORTGAGE dated March-29, 2005, is made'and executed betwo whose address is 30 East Maplewood Avenue, Mechanicsburgeon Paul J Spertsky; . PA. 17055(referred o below as "Grantor") and.ORRSTOWN BANK, Whose address 1s P O BOX 250, SHIPPENSBURG, PA 17257(referred to.bafoij as"Lander`). GRANT OF MORTGAGE. For vafUeble coreideration, Grantor ,releases,confirrtes and mortgages to Lender all of Grantor's right�tltie,and interest in and t the fonts, bargalf", sells, conveys. owl feta, guests,PraPenY,together with ap existing or subteQnxmtly erected or Mfbted buildings, improve and fl descrribed heredtla a and e, paste•rtenances and ways: all easements, rights'of way, all , p�eges'.tenements, remattxle►e with respect thereto; lltures;all dwareterrito belonging e��or anywise made . appurgenant hareaftir,and the reversions and ditch or Irrigation rights):and an other rights, watercourses and ditch rights(Including stock In utilities with limitation an minerals,on Qa��a,geothermal and similar mettera, (the Regi,and profits n�to the real prope rty, includ without County,Commonwea�tltl of Pennsylvania: Property")totted in Cunt erlattd. see attached 17013 a!Property.or address Is•commonly known as 1416-1422 Trbidie Road,Garble,PA CROSS-COLLATERAUZAbbN. In addition to the Note,this Mo rtgage secures all interest thereon.of Borrower to Lender,or any one or more o}tie wall as all claimsbyLender against and liabilities,plus any one or more of them,whether now existing a hereafter arising,whether refaced int aginst Borrower or Note,whether voluntary or otherwise,whether due or not due,direct h cheindir rel dere unrelated to the purpose of the tint contingent liquidated or unfpuidated whether Borrower or Grantor determined or undetermined,absoBte. . whether obligated as guarantor,surety,eceommodatton may be liable Individually Or Jointly with others, may be a hereafter may become barred Party of otherwise,and whether recovery upon such amounts may be or hersefter,may become otherwise any Mute of limitations,and whether the obggatfon to repay amounts REVOLVING LiNE OF CREDIT._This M unerdorceaWe. . Credit which obigates Lender to cos men r 00 a s t6 witholR imitation,a revoWing faro of Note. unless Borrower tails to comply wAft e.the bans of the' Grantor presently estiifromm Lender ell of Grantor's right,title.and interest in and to all present and future teases of the Property and an Rents Property.:in addition,Grantor grants to Lender t Uniform ant and future Codes of ti e interas't in the Persons!Property and Rime:. THIS MORTGAGE, INCLUDRIG THE ASSIGNMENT OF RENTB AND THE SECU PERSONAL PROPERTY,(S GIVEN TO SECURE.W IN O E pMDEBTEDNES3 ANp j6)I,THE ROM AND OF ANY AND'ALL MBLIGgT{ONg UNDER THIS MORTGAGE. THIS MORTGAGE IS Git/EN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives an rights or defenses arising by reason of any one action'or•anti deflcisncy deficien y t other kw`WhIchLande may prevent larder from bringing any action again'at.Grantor, including a claim for envy to the eirtartt Lender Is otherrvfse entitled'to a claim for deficiency,before or after Lender's commencement or conation of any foreclosure'action,either Judiciary or by exercise of a power of gels. ��wGRANTOR'S REPRESENTATIONS AND WARRANTIES. 'Grantor•wwrants that: (a) Ws Mortgage is executed at 's request hypothecate nd not at ft guest of Lender: (le)Grantor has the fun power,right.and authority to enter into gage and.a Property: lo)the Provisions of this Mortgage do.not conflict with,or result in a default under any agreefnexa of Instrument pig upon Grantor and do not result n a violation of any tale,, regulation'court decree or order a (d)Grantor has estabfiehed Borrower on a dAllthgring basis information about Borrower's fnsn" condition;adequate metre of obtaining from representation to Grantor about Borrower lincludmg witimi limitation the creditworthiness+end (e) Lender has made no PAYMENT AND PERFORMANCE. Except as o of Borrower). indebtedness secured by this Mortp mise P►evided n this Mortgage,borrower shall Pay to.Lender all Borrower's and Grantarb abf aflore flafle as h becomes due and Borrower and Grantor.shalt strictly perform all !8 under this Mortgage. POSSESSION AND MAINTENANCE.OF THE PROPERTY. Borrower and Grantor posteselon and use of the Property shall be governod by the f6"ing provisions: operate or manage the property: control of the agrei that Borrower's and Grantor's operation and Use. Until Default,Grantor may (1) remain In possession and and (31 collect the Rente from the Property, Property; (2) use, $�{'t;�0:2 PG:4_ '8 ; MORTGAGE (Continued) Page 2 OtRy to Maintain. Grantor shal,maintain the Property In teaentable o0 !Vacementa,and maintenance necessary to preserve its value. and p!Ongftiy Perform all repairs, tbmpfenoe With Envirwsnmal LOWS. G}error Grease's ownership of the Property,there has been r esents arid eatFo�man�that: (1) During the period of release or tlwesmned release of any Hazardous Substance by any person On,under,about the property; (2) Graffti has no knowledge of,or reason to believe that there has Pau acknowledged by Lender in wddng, (a) a been,except as Previously disclosedthepr pe J On,under, manufecture,s my bread)or violation of arty Environmental Laws, lb) on,under.about or ham wproperty byags.treatment,disposal,release o►threatened relaese of any Hazanfous Substatoe threatened litigation or claims o any any prior owners or occupente of the Property.or (c) any actual or disclosed to and ecknowied �'-Y Person relating to such matters:and (3) Except as previous authorized user of the shall Laufer in writing. (e) neithsr Grantor nor any tenant contractor, Property shall use, (y Substance an under,about or from the generate:manufacture,store,treat,dispose of or release agent Hazardous other all applicable federe state, Proorty'erfd �'any such Y agent or other 4 and local is and shall be conducted in compliance with Environmental Laws. and ru+titoriiea Lender regulations � O�an�• ��+g.withaut imitation all insDectbns and tests, at Grantor's a its agents to enter upon the property to meta such Property with tttls section of the.Mor yeg�o; as �r may doom appropriate to determine compl�se•of the Purposes only and shall not be corstnred to create en Inspections ,tam made.by Lender shag be for to ti Denson. The ItY on the Pert of larder to Grp represerKetlona Y res inns +B the Pro and warranties contained herein are based orebyn Grantor's due diligence Ior n party for Hazardous ion in hes, Grantor he against herder for indemnity a the event Gr '(1) releases and walvee any future claims f ofany such laws:and (2) Grantor becomes I anuP or other costs under, . .Penalties,and a e9 whn ich Lender�he!rnay Lender ageins�y and aid claims,kisses,liabilities, action of the Mortgage or as a consarJuenCe o}yf kW y sustain or suffer resulting from a breach lair" or threatened release occurring prior to Grantor's ownership o inWm In ti�Property, oftieration, , the .��same was to or should have been known to Grantor. The provtsiorw of this section of the Mortgage,ar or nog the Pen o h mnag shall survive the payment y the Indebtedness Ord.the"faction and reconveyance Shell net be affected by Lender's acgWsidon of any interest in the property.whathe Dy foreclosure or str1POng Of Of Nuisance,fasts.waste Grantor to she not Cauea,conduct or.00fri t any Mwiaance nor.commit, permIL or suffer any . fO""°i^gGrantor will not rremova,or gram to any other Property. Wd)out Rini"the generality of the N larnoval Coe6 clay,scoria Sop,gravel or rock Products without nLe den's prior wrists�minerals(including t. wh hout L��s�Prior written consent Arantor 8 demolish or remove any Improvements from the Real Property, equal vetuema. arrangements satisfactory to Lem trete in al of any improvements,Lender may require Lender's mprovemertts with Improvamerts of M(east ►eseonableea and Mess to to ttend o Landef,s interests r s Stk�ertgags-:.aridsentatives.may anter upon the Reel property at all compliance with the tams and,corididonsvafthls nd Pict the Reap Property for purposes of.Gr4ntorls1Pianc•'with'Govsmmantai R . Grant- regulations, shat-Promptly ceW wlM all laws. Ord Sl nowhereafterm effect.of aG govammeMal authorities applicable to the use o► orifi�f and such law. ,Including tetbn,the.AmeMMans With Dlsebiidduftesthe C►ddinance,or regulation and wi Act. Grantor may contest in good faith any so long as Grantor has notified Lender M wA �to doing so an o Proceeding,LemQ ia9 aPRropriete appeals. ImereSte in the property are not Jeopar�zed. Lender may require Grantor to ro a sole opinion.Leader s bond,reasonably satisfactory to Laudon,to Protect Lender's Interost. Post adequate secu ugly Ora surety Duty to.Protiot. Grsntor agrees nePtlar to abandon of kraus unattended the nets.in addition to those acts set•fplh above in this section,which from the Property. traitor shag do all other rea9or�ebly necessary to protect and preserve the pnaperty. acrer and use of the Property are DUE ON SALE-CONSENT illy LENDER. herder SPropertY.Or any ecured by this Mortgage upon the sale or transfer.may, ithout Le declare'declare krrnediatehy due and Payable all sums t1tis Or krsaea i the Realetpto Reel Property. A sale or trarsfor. the ccan . sent Of all Or any part of the Real then thrt sale,dead.fasts/srart�saalle whether leges.beneficial or equitable;whether voluntary p of Real yProperty ltg�y�,. than three 13)yeere,IeaS land contract,contract for dyed,leasehold interest with a arwhether by m �atrust hholdin title to the Real pro or r by amry pt►tar or transfer of any beneficial interest in or to laidr ' option shah not be exercised.by,LeridSr if such exercise isCo pI f an interest in the Real Prop, ' by federal few or by Pea+sYlvsnle TAXES AND LfEM. The f ogoN krB prov}sioris►slating to the taxes end pars on the property are Dart of this Mortgage:. aft5sesPayment Grantor shall pay Wien due land In all events prior to when ue at water charges end sewer aervios charges Ievied delinquency)all taxes,Payroll taxes,spacial taxes, when due al claims fur work dory on or against or'on account of the Pro mahrtain tfie'Property tree Of services rendered ar material fumYshted Rs►N.and shag Rey except for the ( amy( havbg P►loriN over or equal to the the�P". Grantor shall Lender,and ixcept ill theme 6ss�taxea and a in this Mortgage or those Gens apeCiice�j yaagreed to in r under.this Mortgage paragraph:' sSessmentS not due as fardel specified in the Right to o st .. Rpht to COntast. Grantor may wPtMtold payment of. '• . dispusa ovalihe ofAigetlai'to pey,'so` •assessment or clafrrt in oorxtectfon with a ie fled es a reauft of n (O"g 1BndeYa hrtarest to the Prifpalty not jeopardized.:'.If alienaad.'sea or wltfdrt fifteen 116)dela aiPt�prarearG shag within fifteen(1�days offer the pen erlcgg or,if a Ion is filed Lender,depask with Landon cash o►a eufpclonncee"Witg authe �te secure the discharge of•the ran,or if requested by amount Sufficient to discharge the lion plus en cents ty bond or other security Satisfactory Lorider in an a of a foreclosure or sale under'tfe pan Y In an and f,leas,of other charges that accrue as a satisfy any adverse Judgment before Y Contest Grantor slim POW defend itself and Lender and Shah obligee under ray surety bond furnished in ilio•nest WO'Cheead�jng�'•Grantor amp"°me Larder es an additional EvidMrc•of Payment. Grantor she)upon demand furnish to. or assMse and.shag authorize the appropriate �^�►Satisfactory evidence of payment of the taxes statementof the.taes and assommeme against the90vanrnentai olficiat to delver to Lerder'at Nodes of COns>tiction. Grantor shat Properly. any time a written ' services-are furnished.m any matedab am et least fifteen(15)days before any work to commenced.any upplled•to the Property.If any mechanic's lien,aaterialmen's ben,or . -02: A MORTGAGE (Continued) other Ilan cculd be� fags 3 furrigh +sseneed on a improvements. !advance assurance ta�fM'Ork•services„ Grantor tory to LlHd ,}`fir G��or can will upon request of Lender pR Mortgage: DAMAGE iNSURA" stud will Pay the coat of such Mo Mof h'aur+ras. Grantor a ia followingprovisions relating to lnswhV the property are a part of this coverageendure Procure id maintain pokles•of fire insurance with PfOPe►N in an amour au�f6a� �t isle insure cisuse In favor of iount• Grantor ro avid application of an assurable valtre all i standard extended coverage amountsiPolici pp�onally�ra^ rnents on the pW Lend�a may request with ain Lender bane� �general�a� �andard Amce In 1e in each form as may 4e re as Lender may fe9n+fithra'erPofi 1enrance,inctutfing but nOt�lim ted roh fiebgity insurance from'each insurer reasonably accept"to hag be written hazard,businass ter►(101 written no�8 a s ulation that cage will�r be ell deliver toL�Insurance °ponies a cont+ Give suchertifi ics; Each insun lice to Larder and not can finished wi caraeged or rileCatescoverage Lander will not be impaired in �C1'also than Include�- dreClalmar of the Insurer'sReal �a mum of special be located in an area designatedany�'Omission or default o}Grantorp��,that°over N for fagure ro Y Y by peWel flood petard area, by the ajreetor of agon.e Should the of Paye after ratice is Grantor+8rses to obtain and the Federal Emogancy Management Agency the Principah hrslanca of the 1. s located in a by Lender that the maintain Federal Flea}insurance if availabk, aS a set under the Natlonsh �n and�� r cn�prop� 45 e securinge�lorequiredan, the tee lorrriaxim w Insurmnce for the Darin o}tits the tug unpaid Apkplication of e Proof Of Pro Grantor-shagnotifyb and to Do1kY fi such �• G Promptly Y maintain a the rhY is hupaired Lernder ff�t to do 80 nMn fifteen(15!day iota or damage to the secs Proceeds to the Lender's election,receive d+Ys of the casualty. yyhe a'notr May and repair of the r�u0^Of the Indebtedness Payment of any gen the Proceeds of an ms's Property If 1 f a lien satllWa tile de stroyed Ihi te to apply the Y insurance and soppy �rY proal de t�ovemente WOOseds.ro restoration repair,a Or thedrestoration repair or restoration if 6rentare Pm°r reimburse in a Gmanner sathf-tOrY to Lender. repair or within 180 days after P +nI defaWt under thisMortgage.anter from the proceeds for MO,seeder shall, shpt shoo be ursff an t ro their c t whiase ro lernder Any Proceeds which have reasonable cost . hey any amount ow Lender hder ccommitted to the not been disbars ed Payment In fall of dlrnd y ppired ro the prh�°ipel balance of the ithis 9�e fin. restoration of the property, Compliance redness,such rdabtto 0, ednesa. If Lenddeyr�erued Interest,and the lin ydebt effect, c ictill + rasa, mads shah in which an nor as tirantor's incests may a�da after complies Nth. Mute complience Provisions contained in ft In btedneas described below Is Proceeds from the Im 'bf Mortgage would constitute ith the insurance provisions under this evidencing such Exiatmg DER S E7( ro that portion of tyre��a �Y a Prov(slons 40:thia oof ft sur requirement. to�'�1° h apply only 8AY the' pEND1111RE8. If any not the holder of t n of.Proceeds shag Praperty,or if Grantor faits to• wiortl�aadnp Is commerx (that w Irdabtednesa: not limited ro tremor's faffure tri°OmPIY With y proms Herbage or any Linterest required below,'or.roof tl►fis Y Related eider's It MOrtsgage or any Related pal whnen due any Obligation to ts Gr intern Exlantor isst4in Related amens Including but Larder mess and rote. it ir�L but good standing a L B not required ye o gto ds )go or PPayy u��is emalmbra rn+Inteining and preserving Ore• at anmited paying all faxes, frena. security Interests. bear Interest at the rate Property. 4 sad sed at placed an the Grantor..All such a choged u Nate�tures�urred or��Lender for end.Paying all costa for Incur demand. (81-be added to thmOs e alancea a Part of the Indebt dateOr Or Paid by Lender to the Purpose&•will the Payments to become either 1) the Note and bee arid,at Lender's o date of repayment by the Note:or (cl be due during balloon ill, fire farm of 100-boned among and ion,will (AI be Payable on also Will secure treated these iloon any insurance Payable-with any�knstallment I. P+tled u of these amou mor'.entdwMich wit be due and Payable t the ipogcY:or (?J rernatning term of ender feW be?milled upon Default.'Gr right shop be in addition oL°'s maturlN•.The Mortgage mortgage foreclosure Judgment. +mors obllpetlon to Lender for ep such rite a melbas to which . WARRANTY;DEFENSE of Tn1E. expenses shall awvrve the'emrt,of arty Mortgage: The following preMs(orra Tide. Grantor wamsnrs reletlrng to ownarahip of the that (al Grants. pfOpa'N'are a Part of this fEidtft Indebtednessree and clear of all liens and alecumbr holds$OOP and marketable tiProperty the the to a of, and tedd by standar bluelow tion any insurance policy.title report,R� description ti fee sl authority recuts and deliver ennder• My'and n'$sue I in Defense of Tiff this Itlojtgage ro L hle M bbl Grantor he,tdia fui��ghltt,,sPower f� title to the Subject to the excepcton In the paragraph above,Grantor. chat questions Gr b'an'tderenor tfhlnserest dBlIft M aLen�der 'In iha any e a wli forever de Gr or te fend the cruder thrs.Morrgaga, Gr commenced 'Grantor to In the may be the ramiruel party In such Pr aeon send the Qegver �� delivered,,be rePresemed in the Prsuch proceeding, but Lender shag be +�00n.titled1 at' ro permit such participation, ro Lender such Proceeding by counsel of Lenders Compliance w&untenta as Lender rosy endIrrequest own choice and cable�, Gr@mor Warr fbne from time ro ItMe Su m e g °�118nCe8 ra thattons otro�rty and Grantor's use of.the T of RMnserneettons and.Werr po 7e1eid eutlwrities. Property complies with an rb+9eforce lard effect am delivery of this Mortgage,shag berme eats made by Grantor in remain In tug Ue"va the executidn p�entetions,warrantiss,'ard EXWMG INDEBTED until such tl B-owees indebtedness shall be NESE: Thee( continuing In nature,and than °ION i t9 Provlai-9 co cerning Existing Indebtedness are a Part of this Mort Iran, 0-1bor expred In full. PcIsting lien. ss nn ofthis te IY c Mertpage aecirring the Irdabtedruesa Sage default +toy default on such Irdebt a °a to pay,erase to the psY�t of,OWary end Inferior to an exists oder any security doprrrrenrs for aucyh it default underness.ft Ce menta evido ha E 8MOsuch Indebtedness and to Indebtedness,or any MORTGAGE (Continued) gage 4 No Modificetlon Grantor shag not enter into any agreement'with the hoider.oi any mortgage or other security agreement which has priority over this Mortgage by which that agreement is modified, amended,exmiided,or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances Under any such security agreement without rine prior written consent of Lender, CONDEMNATION. The following provisions relating to condemnation proceedings are a;part of this Mortgage: Procaadings. H any proceeding in condemnation Is filed, Grantor shall promptly notify, Lender M writing, and Grantor shall prompty take such steps.as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to,participate in the proceeding.and to be represented in the proceeding by counsel of its own choice,and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by larder from time to time to permit such participation. 'Application of Nat Prociods. l all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase N lieu of condemnation,Lander may at its election require that all or any portion of the i net proceeds of the award be applied to the indebtedness or the repair or restoration of the Property. The net proceeds of.the award shag mean the sward'after payment of all actual costs,expenses, and attorneys•fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following pro viaiwms relating govamm rend taxes,fees and charges are a part of this Mortgage: 'Ctrrort Taxes,Fats and Charges. UPon.request by Lender.Grantor shag execute such documents In addition to thiR es s Mort"and take whatever other action Is'requted by Lender to perfect anal continue Lender's Ban on the Property. Ora shall reimburse Lander int all taxes, as described below, together with all eurpenaes Incurred In recording, Perfecting or eantirwhV this Mortgage, indud(ng.without limitation all taxes, fees, documentary stamps,and other charges for recording or registerirhg this.Mongepe, . Taxes. The following shag constitute taxes towhich this section applies: (11 a apecfile tax upon this type of Mortgage or upon all or any part of the indebtedness secured by this Mortgage; (2) a specific tax on sorrower which Borrowei is authorized or required to,deduot from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage clrg eemthie against the Lender or the holder of the Note;and (4) a specific tax on all or any Portion bf the 1!4001ednes�or on payments'of principal and interest Made by Borrower.. Subsaquerrt Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Mortgage, this event shag have the same effect as Default,and Lender may exercise any or all'of Its available remedies for Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent,or•(2). contests .the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a.sufBcieit corporate surety bonid or other security satisfactory to Lender. SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Mortgage as•a security are a partof this Mortgage: " Sootatty•Agraarmarht. This instrument shall constitute a Security Agreement to the extent any"of the Property constitutes fixtures,and Lender shall have an of the rights of a secured party under the.Uniform Commercial Code as amended from time to time. Sactrly bitterest. Upon request by Larder,Grantor shag take whatever action Is requested by Lender to parfect And continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records,Lender may,at any time and without further authorization from.Grantor,file executed counterparts,copies or reproductions of this Mortgage as a finning statement. Grantor shall reimburse Lander for ail expenses incurred in perfecting or continuing this security interest. Upon default Grantor shall not remove, saver or detach the Personal Property from the Property. Upon default, Grantor'shall assemble any Personal Pioperty net affixed to the Property in a manner and at a place reasonably corwenlerht to Grantor and Lander and make it available to Lender within dwee (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The addresses of'Grantor (debtor) and Lender (secured party) from whiclh•infonhation concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform. :Commsrcisl Code)are as stated on the first page of this Mortgage. FURTHER ASSURANCES;ADOMONAL AUTHORIZATIONS; The fof OwhV provisions relating to further assurances and additional authorizations are a part of this Mortgage: . Furtw Assurances. At any tine,and from time to time,upon request of Lendei,Grantor will make.execute•and deliver,or will cause to be made,executed or delivered,to Lander or to Lender's designee.and.when requested by Larder,cause to be filed,recorded,refiled,or rerecorded,as ire case maybe,at such times arhd In.such offices and places as Lander may deem appropriate,any and all such mortgages,deeds of truer,security deeds: tecurity agreements, financing statements.-continuation statements. instruments of further assurance, cardficatea,and other documents as may.In the sole opinion of Lender,be necessary or desirable in order to effectuate,complete, Perfect,cortins,or•06118rve (1) Borrower's and Granter's obligations,under the Note,this Mortgage,and the Related Documents,and (2) the Ions and security interests created by this Mortgage on the Property,whether now owned or hweafter'aequfred by Grentor. Undess 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 perag!sih. Additional Anithorbato s. if Grantoi fafla to do any of the things referred to In the preceding paragraph,Lender may do so for and In the name of Grantor and-at Grantor's expense. For such purposes..Grantor hereby ARM= bly autlwrizes Lender te.meke.,dndecute,deiver,.file,reoord.ard do all other"tmings,as matybe necessary or le, M Leimdora sola opkmiorh;to eccompBsh fie metteis'referred to in the D►eoedin9paragraph. "Itisoad that nothhg set forth harem shell require Larder to take arty such aotionhs.RMANCE. M Borrower pays aI to lydebtednesa when due. and atfherwiae performs ail the obligations n Grento under this Mortgage;Lender shill execute and deliver to Grano a suitable satisfaction of this and the Personal Puts of termination of any,financing statement on fBe eMdencing Lender's securityinterest operty. Orentor wIl pay,l pemhitted by appgcabte law,any reasonable termination fee d by Lender from tUre to Noe. DEFAULT..Default win occur if payment in full is n03'made initnedlately when due. RIGHTS AND'REMEDIES ON DEFAULT..Upon Default and at any time thereafter, Leridar, at Lendoes option,may exercise any one or more of the fogowkg rilaw: ghts and remedies,in addition to any other fights or rehiedies provided by Accefarata kdsbtedness. Lender shag Have the right at Its option, after giving'such notices as required by MORTGAGE (Continued) Page s appleablo law,to declare the'dntire"btedness immedately due and payable. UCC Rei a:- With re :r- s.. epect to'eil or any part of the'Personsi�roperty, Lender shag have-all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shag have the fight, without notice.to Borrower or Grantor,to take possession of the Property and collect the Rents,including amount&past due and unpaid,and apply the net Proceeds;aver and above lender's costs;against the Indebtedness. In furtherance of this right,Lander may require any tenant or other user of the Property to make payments of rent or use fess directly to Lender. If the Rents are collected by Lender,then Grantor inevocably,authorizes Lender to endorse Instruments received In payment thereof irf the name of Grantor and to negotiate*the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lendee.a demand shall satisfy the obligations for which the payments are made,whether or not any Proper grounds for the demand existed. Lender may exercise It&rights under this subparagraph either in person, by agent,or through a receiver: Appoint Receiver. Lender Nidi have the right to have a receiver appointed to take possession of all or any part of the Property,with the Power to protect and preserve the Property,to operate the Property preceding foreclosure or sale, and to collect the Rema from the Property and apply the proceeds, over and above the'cost of the receivership,against the indebtedness. The receiver may serve without bond it permitted by law. Lender's right to,the appointment of a receiver,shag exist whether or not the apparent value,of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shag not disqualify a person,from serving as a receiver. Judicial I'modoaue. Lender may obtain a Judicial decree foreclosing Grantor's Interest In.all-or any part of the Property. Possesslon of the Property. for the purpose of procuring possession of the Property,Grantor hereby authorizes and empowers any attorney of any'court of record in the Commonwealth of Pennsylvania or elsewhere:as attorney for lander and all parsons claiming under or through Lernder,to sign an agreement for entering in any competent court an amicable action in ejewnent for possessions 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 stWevit,shag be a sufftclent warrant and thereupon a writ of possession may be issued forthwith, without'sny prior writ or proceedirig whatsoever. N6qudiclal Sole. if Permitted by applicable law,Lender may foreclose Grantor's Interest in ail or in any pert of the Personal.Property 6rthe Real Property by nonjudicid sale. Deficiency Judgmant Lender may obtain.8 judgment for any deficiency remaining in the indebtedness due to Lader after application of an amounts received from the exercise of the rights.provided in this section. Tenancy at SuHeranu: 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 sufferanf Lender or the purchaser of the Property ashill,at Lender's option,either (1) pay ce od a•reason"rental for the use of the Property,or (2) vacate the Properly hnmediately upon the demand of Lender: .: ,...- -: - . _• .._ other Romodnee. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sand of the Property.•To the,extent permitted by applicable law,Borrower and Grantor hereby waives any and all right to hale the Property marshalled: In exercising its rights and remedies,'Lender shall be free to seg all or any Part of the Property together or sepaately,In one safe or by separate sales. Lender than be enti#ail to bid stony public sate on all or any portion of the Property, Notice of Sole. Lender shall give Gramor ireasonabte notice of the time and place of any pabge ads.of the Personal, Property,or.of the time after which any private sale or other intended disposition of Use Personal Property ie'to be made. Unless otherwise requited by applicable law,reasonable notice shill mean.notke given at least ten(10) days before the-time of the sale or disposition. Any sale of the Personal Property may be made in connf unction with any sale of the Real Property. Beetle of Remedies. Rection by Lender,to Pursue any remedy Shan not exclude Pursuit ot'any other remedy,and an election to make expenditures or to take action to perform an obligatorrof Grantor under this Mortgage,after Grantor's failure to Perform,shad not affect Lender's right to declare a default ad exercise Its,remedies. Nothing under this Mortgage or otherwise shed be construed so as to limit or restrict the rights and remediesavailable to i Lender following efat t,or in any way to limit or restrict the rights and ability of Lender..to proceed directly against Grantor and/or Borrower and/or against any other co-maker, guarantor, surety or endorser and/or to proceed ig inht any other collateral directly or indirsedy'securing the Indebtedness.* Attorneys'fees:Exposes. if Lender hnetimmis'any'sult or action to enforce any of the terms of this Mortgage, Lender shell be entitled to recover such sum as the co A may adjudge mosaeble as attorneys'fees at trial and Won-any appeal. Whether or not any court action Is Involved, and to the extent.not prohibited by taw, 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 he rights shallbecome a part of the Indebtedness,payable on demand and Shan bee Interest at the Note rate from the date of the expendntum uxml repaid. Expenrkes covered by this paragraph include, without limhation;however subJect to any Ibnits under applicable law,Lender's attemays'fees and Lender's legal expenses,whether or not there Is a lawsuit Including.attorneys'fees and expenses for bankruptcy proceedlrngs 11 cluding efforts to moditypr vacate any automatic stay or Injunction),appeals.ad any anticipated post.ggdgment collection services,the cost of searching records,obtaining title reports(Including foreclosure reports),Surveyors' reports,and appraisal few and'thle insurance,to the extent.permitted by applicable law..Grantor also wig pay any ' court costs,In adfition to all odw auriu provided bylaw. 1 NOTICES. Unless otherwise provided by applicable law,any notice required to be given under this Mortgage shat)be given In writing, and shad be effective whdn actually delivered when aetualty received by telefaesimile (unless otherwise required by law),when deposited with o'nation aN recognized overnight'courier,or,if maned,when deposited In the United States mag,as fast class,certified or registered mail postage Prepaid,directed to the addreseet'shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any gen which has priority over tNa Mortgage'and notices pursuant to42 Pa.C.S.A.Section 8143,,at.seq.,shat be aero to Lender's address,as shown rear the beginning of this Mortgage. Any party may change Its address for notices under this Mortgage by giving formal written noticeAo the other parties, specifying that the'Purpose of the notice.is to change the•perty's address. For notice purposes.Gramm agrees to keep Lader informed at an tine's of Grantor's current address.-Unless otherwise provided by applicable law,if there is more then one Grantor,any notice given by Lender to arty Grantor is downed to be notice given to all Gramme. . 9"0.2 .G , MORTGAGE (Continued) Page 6 MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pan of this Mortgage: . Amendments, This Mortgage,together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth M 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 anadment. Annual Report. If the Property is used for purposes other than Grantor's residence. drentor shall furnish to Lender,upon request,a certified atetemant of net operating Income received from the Property during Grantor's previous fiscal year In such form and detail as Lender shall require. *Net.operating income"shall mean all cash. We receipts from the Property e a1 cash expenditures made in connection with the operation of the Property, ' Caption Headings. Captfcn headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Joint std Savetal Liability. AN obligations of Borrower and Grantor under this Mortgage shell be joint and several, and an references to Grantor shall mean each and every Grantor,and an referencas_to sorrower shall mean each and every Borrower. This.mea s that each Borrower and Grantor signing below Is responsible for an obligations in this Mortgage. No Waiver by Lander. Lender shall not be deemed to have waived any rights under ibis Mortgage unless such. waterer is given in writing and signed by Lender. No delay or omisson on the part of Lender in exercising any right shad operate as a waver of such right or any other right- A waiver by Lender of a provision of tin Mortgage shah not prejudice or constitute a waver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lander,nor any course of dealing between Lander and Grantor, "I 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 shag rat constitute continuing consent to subsequent instances where such consent.is required and in all cans such consent miry be granted or withheld in the sole discretion of Lender. SavwvMky. It a court of competent jurisdiction finds any provision of this Mortgage to be illegal, Invalid,at unenforceable as to any circumstance, that finding shag not make the offendahjl provision illegal, invalid, or unenforceable as to any other chumetnce. H feasible,the offending provision shell be considered modified so that It becomes legal, valid and enforceable. If the offonding 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 shall be no merger of the interest or estate created by this Mortgage with any other intereat or estate in the Property at any time held by or for the benefit of Lander in any capacity,without ft written consent of Lender. Successor Interest. The terms of this Mortgage shall be binding upon Grantor,and upon Grantor's heirs,persona! representatives,successors,and assigns,W4 shall be enforceable by Lender and.its successors and assigns. Time is of the Essence. Time Is of the essence.in the performance of this Mortgage. DEFINITIONS. .The following capitalized words and terms shall trove the following meanings when,used ki this Mortgage. Unless specifically'stated to the contrary,all references to dollar amount shall meanamount in lawful United money of the Unted States of America. Words and terms used in the singular shall include the plural,and the pluralshag include the singular,as the context may require. Wads and terms not otherwise defined in this Mortgage shag have the meanings attnbuted to such terms in the Uniform Commercial Code: Borrower. The word'Borrower' means Chestnut Street Townhouses, LLC and includas.-j l co signers and cc-makers signing the Note- Dsfadt: The word'DetaulY means the Default set forth in This Mortgage,in the section titled'DetauIr. Environmental Laws. The words 'Environmental Laws" moan any and all state, federal and kwal statutes, regulations and ordmanaes relatitg to the protection of human health or'the environment, including without limitation the Comprehensive Environmental Response,Compensation,aid I iabity Act of 1980,as amended,42 US.C.Section 9801,at seq.t'CERCLA'),the Superfund Amendmants and Reauthorization Act of 1986,Pub.L. No.99.498("SARA"},the Hazardous Materials Transportation Act,49 U.S.C:Section 1801,at seq.,the Resource Conservation and Recovery Aot,42 U.S.C.Section 6901,at seq:.orother applicable state or federal laws rules, or regulations adopted pursuant thereto.. , Existing•i debtedness. The wads'Existing Indebtedness"mean fie indebtedness described in the"ting Liens provision.of this Mortgage. Granter. The word'Grantor'means Paul J Sopensky. Hazardous Substances. The words 'Hazardous Substances' mean malarias that because of their quantity,. concentration or physical,chemical or infectious characteristics,may cause or pose a present or potential hazard to human haafth or the environment ironnent when improperly used,treated,stored,disposed of,generated,manufactured, tianspoited or otherwise handled. The words"Hazardous Substances'aused in their very broadest sense d fricluds without limitation any and all hazardous or toxic subre a stances,materials or waste as defined by or•tisted under the EnvironmentalLaws. The term'Hazardous Substances"also includes,without limitation,petroleum and petroleum byproducts or any fraction thereof and asbestos. " Inpioveiirnta. The word 'lmprovementa' means all existing and future improvements, buildings, structures, . MOW homes affixed on the Real Property,facilites,sddidons,.replecements and.other construction orr the Rea Property. Indebtedness. The word 9ndebledness• means all principal,interest,and other amounts,costs and expenses Payable under the Note or Related Documents, together with all renewals of; extonslons of, modffieatons of, consolidations of and s'nbstitution&for the Note or Related Documents and any emounts.exparded or advanced by Lender to discharge'Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under Oft Mortgage, together with Interest on such amounts.as provided In this Mortgage. The gens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shag relate back to the date of this Mortgage. Specifically,without imitation,Indebtedness includes all amounts that may ba idaeetly secured by the Goss-Collaterallzaton provision of this Mortgage.. Lender. The word'Lender"means ORRSTOWN BANK,it successors and assigns, Mortgage. The word'Mon"*means this Mortgage between,Grantor and Lender. 8 1`902P13-4-44-3 MORTGAGE (Continued) Page 7 Now The word"Note"means the promissory note dated March 28,_2005,in the original pfinclilal afnotmt Of $50,000.00 from Sorrowet oto Lender,.together 4pith alittbnswels of, extensions of, modifications of, reNnencings of,consolidations of.and substitutions for the promissory;nota or agreement.NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE, Personal Property. The words"Personal Property"mean all equipment,fbttures,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 air substitutions for,any of such Property; and together with all proceeds (Including without limitation an insurance proceeds,and refunds of premiums)from any sale or other disposition of the Property. Property. The word"Property"means'eollecdveN the Real Property and the Personal Property. Real Property: The*ads"Real Property"mean the real property.Interests and rights,as further described in this Mortgage. Related Documents.. The words "Related Documents" mean all promissory notes, credit agreements, ban agreements, environmental agreemems, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements-and doctiments, whether now or hereafter existing,exaquted in comectlon with the Indebtedness. Rants. The word"Rents"means all present and future rents,revenues,income, issues,royahies, profits,and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS WOWED THAT THIS MORTGAGE 18 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: Paul J reeky• x Signed,a,'nowtufgad end dsiiveied in the presence of: X Witness .. X Witness CERTIFICATE OF RESIDENCE I hereby certify,that the precise address.of the mortgagee,ORRSTOWN BANK,herein Is as follows: SILVER SPRING OFFICE,P O SOX 260,SHIPPENSSURG,PA 17257 t _ Attorney or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALAII OF PENNSYLVANIA I COUNTY OF ! r 'aj0 this,iti. day or 20 .the undersigned Nbtery Public,personally appeared Paul s 8 � :A•, melot satisfactorily proven)to be,1he person whose name Is subscribed to the within Instrument,a that he or she executed the soma for the purposes therein contained. Inwitness whereof,I hereunto»t my fns and 6. iZtaly Public In and of x.m..rwr,ww"..aasmaw w•wrae...rami,.�wk n�.,om aw".n,.,.,.-,e�una,uwaos,c a.nw n.. . : rtify this to be recorded Ir> (yvmberland County PA itO M, EXHIBIT "C" CMTIPI=D 1PROPEM IDMIlICATION NUMM 40-22-0119-008 - gpplg KximLw= 40722-0129-009 - x0V= NI900"m COOIs TtLc 13TRY 02/15/2013 W DC TWS DOCU&9NT PREPARED BY AND UPON RECORDATION,RETURN TO: ANDERSON,MOCOY A ORTA,P.C. 100 Neth Broadway,SU.k9 2600 Oklahoma City,OK 73142 Triephoae: (an)236.0007 Combuland-Cm*,State of peaftgbw la Ta=Map Na or Ta=PAVed Ideud aadou Na:4&.274119 W and 40-22- PMP"y Addreee: 1779 W.Trladle Road and 1773 W.TrWdle Road 011940 r Owdh'thet the Precise address of the Assignee is c/o Sabal Financial Group,L.P.,467511dacgrthur Cour[,Sane l5 ,Newport Beach,CA 42660 Nick Harjellm ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: 77 THAT,Onatawn Bank,a PeonsylYania banldng corpora*d,.having an address of $ ftek Shippensburg, PA 17257(&-rthm&r mfg t0 as KA received,does by these p si Wit, sell, transfer, assi — '),for valin ForttolK LLC,a Delaware tlm)abea 11a �'' convey and set over to Magnolia ne&ned to as " 'company, its successors and a�gm�i�r ��g sa address of c/o Sabel and Group, L.P., 4675 � Suite 1350, Newport Beach, CA 92660, all of Assignor's right, tide to that certain: and AW tom:25taos3 Low Name CMSn4Uf STREET T01MNli0[1SES LLC Loin Ref.:264428"" THIS DOCUMENT PREPARED BY AND UPON RECORDATION,RETURN TO: ANDERSON,MCCOY&ORTA,P.C. 100 North Broadway,Suite 2600 Oklahoma City,OK 73102 Telephone: (999)236-0007 Cumberbmd County,State of Peana*anla Tax Map No.or Tax Parket Identil9cat>ion No.:40 22-0119 08 and 40-22-0119409 Property Address: 1779 W.Trindle Road nod 1773 W.TrindteRoad 1 certify that the precise address of the Assignee is e/d Sabal Financial Group,L.P.,4675 MacArthur Court,Suite 15 0,Newport Beach,CA 926160 Nick Ekinellone ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: THAT, Orrstown 820114 a Peonsylvan=a banking corporation,having an address of 77 East King Street,Shippensburg,PA 17257(hereinafter referred to as"Assienor"), for value received,does by these presents, grant, sell, transfer, assign, convey and set over to Magnolia Portfolio,LLC,a Delaware limited llability company,its successors and assigns(hereinafter referred to as "Asee" 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 Ret:2510.053 Loan Nsma:CWRSTNUT STREET TOWNHOUSES 1.1.(: Loaf Ref.:26442tiM3 Open-End Mortgage dated March 29, 2005, executed by Paul J. Sopeaslty the gramor, to Orrstown ' Renk, the Lender, r000rded an Apn7 72045 in Book 1902, Page 4438 in the. Oficial Records of Cumberland County, State of Pennsylvania (* ccO does Office,"), as the same may have been assigned, amen"suPPkmented,restated or modified(the"Mortgage"), The Mortgage covers the PmPatY described therein,less and=,Cc t anY Portion of the property► Previously released an or reconveyed. TO HAVE AND TO HOLD the same unto said MAGNOLIA PORTFOLIO, LLC,ITS SUCCESSORS AND ASSIGNS. THIS ASSIGNMENT 19 MADE WITHOUT RECOURSE, REPRESENTATION OR WARRANTY,,WRESS OR IMPLIED,WRITI W OR ORAL,BY ASSIGNOR [REMAINDER OF PAGE INTENTIONALLY LEFT hLANKI AMO Rd:2310.033 Lean Name:CHES7NIrr STRW TOV MHOUSES LLC law Rd:2WnDW IN WITNESS WHEREOF, Assignor has caused this instrument to be executed this -day of February,2013. ASSIGNOR: ORRSTOWN BANK,a PeaasylvaWn badWng corporation By: Magnolia Portfolio,LLC,a Delaware limited liability company =a-F l' By: Name: R. Patterson Jackson Title: Authorized Signatory �c -t f t0 A-a Aj— D �%t ACKNOWLEDGMENt STATE OF CALIFORNIA COUNTY OF ORANGE } $$: On this day of Febcuary, 2013, before me personally R Patterson .Jackson, as Authorized Signatory for Magnolia Portfolio, LLC, a Delaw united liability company,Anorney-in- Fact fix'Orrstown Bank,a Pennsylvania banking corporat' ,known to me or proved to me on the basis of satisfactory evidence to be the persons who exec the foregoing instrument,and they thereupon duly acknowledged to me that they executed the to be their free act and deed. WITNESS my hand and official seal. My commission expires: Name of Notary: AMO Ret:2310.053 Loan Alamo:CHESTNUT STREET TOWNHOUSES LLC Loan Ret.:26442x09003 State ofCalifornia County of Orange ) On Feb rusty S,.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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. D;,;Ktrna tuarrs`o ComeMss(on# t93047s a • No PuaEo-CaGrorniz = �... Onnpe County CQmrti.Ex ire Mx?T,2013 . (SEAL) Yrwy Public Signature ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 'r l COURTHOUSE SQUARE - CARLISLE, PA 17013 = 717-240-6370 = • 1wrument Number-201305176 Recorded On 2115CO13 At 9.41:13 AM •Total Pages-5 'Iustnunew Type-ASSIGNMENT OF MORTGAGE Invoke Number- 129458 User ID-KW •Mortgagor-SOPENSKY,P JOHN •Mortgagee.MAGNOLIA PORTFOLIO LLC "Customer-SIMPLIFILE LC&RECORDING .Ipn$ s STATE WRIT TAX $0.80 Certification Page STATE JCS/ACCess To $29.50 JUST2C8 RACOIRD is nas - $11.50 DO NOT DETACH RB=WRR OF DEEDS PARCEL CERTIFICATION $20.00 This page is now part pus of this legal document. COMITY ARMI"S FES $2.06 ROD AR=1nMS FES $3.00 20= PAID $60.50 I Certify this to be recorded in Cumberland County PA RECORDER OF DEEDS *-Infiwomdoe dnxod by astwbk my thmgr dgring the v=1fkW=process Sud mw ewt be rtneewd an this page. VERIFICATION _,hereby states that h sh is Se-4 of SABAL FINANCIAL GROUP,LP,m rtgage servicing agent for Plaintiff in this matter,tha he he is uthorized 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 formation 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 appropriat individ to make this Verification pursuant to Pa.R.C.P. 1024(c). Name: Title: As AA Company: �Q Q� Date: �� Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1 UE P ACT HC.'N 11r'i,, SEP 22 PH 2: 29. .CUMBERLAND COUNTY i PENNSYLVANIA CdF.FICE' OF TH $HERIF= Magnolia Portfolio, LLC,'a Delaware limited liability company, assigne Case Number vs. P John Sopensky 2014-5199 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, Ste 12, Lemoyne Borough, Lemoyne, PA 17043. SHERIFF COST: $46.08 SO ANSWERS, September 16, 2014 (c)C ountySuite Sherif:, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF