HomeMy WebLinkAbout14-5222 Supreme Co�>�sc► Pennsylvania
COU go�Comml Pleas For Prothonotary Use Only:
C Vi C,o'VeIr�llE'.et r
- Docket No: �
CUMS I2LkND t County
The infortnation collected on this form is used solely.for court administration purposes. This fortn does trot
supplement or replace the f liras,,and service of jaleadings or other papers as required by lav or rules of court.
Commencement of Action:
S El Complaint FLI Writ of Summons ® Petition
0 Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
T Farmers&Merchants Trust Company of Chambersburg Daniel R. Trimble, an individual, et al.
Dollar Amount Requested: Qwithin arbitration limits
Z Are money damages requested? 0 Yes X No (check one) x outside arbitration limits
Q
N Is this a Class Action Suit? El Yes D No Is this an MDJAppeal? 13 Yes El No
A Name of Plaintiff/Appellant's Attorney: Darrell C. Dethlefs, Esquire
l Check here if you have no attorney(are aSelf-Represented 11Pro Sel Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
Intentional 0 Buyer Plaintiff Administrative Agencies
® Malicious Prosecution 01 Debt Collection:Credit Card Q Board of Assessment
Motor Vehicle Debt Collection:Other El Board of Elections
® Nuisance Q Dept.of Transportation
Premises Liability Statutory Appeal:Other
S 0 Product Liability(does not include ® Employment Dispute:
Ej'` mass tort)
Slander/Libel/Defamation Discrimination
C [3 Other: ® Employment Dispute:Other Q Zoning Board
T, ®bther:
I n Other:
O MASS TORT
lI Asbestos
N [] Tobacco
® Toxic Tort-DES
Q Toxic Tort-Implant REAL PROPERTY % MISCELLANEOUS
® Toxic Waste
Other: 0 Ejectment Q Common Law/Statutory Arbitration
® Eminent Domain/Condemnation 0 Declaratory Judgment
l Ground Rent 0 Mandamus
® Landlord/Tenant Dispute 0 Non-Domestic Relations
® Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial O Quo Warranto
El Dental Partition 0 Replevin
Legal Quiet Title l Other:
Medical Other:
Other Professional:
Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
NO: II L�., S-2-2,2-
Plaintiff, /
vs.
TYPE OF PLEADING
DANIEL R. TRIMBLE, an individual,
FRANK NIERADKO, an individual,
and SHANNON SCHAKE, an individual, CIVIL ACTION-COMPLAINT IN
MORTGAGE FORECLOSURE
Defendants
FILE ON BEHALF OF:
Farmers &Merchants Trust Company of
To:DEFENDANTS Chambersburg, Plaintiff
YOU ARE HEREBY NOTIFIED TO PLEAD
TO THE ENCLOSED COMPLAINT WITHIN
TWENTY(20)DAYS FROM SERVICE HEREOF,
OR A DEFAULT JUDGEMENT MAY BE Darrell Dethlefs, Esquire:
ENTE PrA AINS�YOU. ^- �� PA ID: 58805
Atto r Plaintiff
I HEREBY CERTIFY THAT THE DETHLEFS-PYKOSH LAW GROUP, LLC
ADDRESS OF THE PLAINTIFF IS:
20 South Main Street
Chambersburg,PA 17201 -71
.
C_-
AND
AND THE DEFENDANTS: 2132 Market Street MCC
334 E.King Street, Shippensburg,PA 17257 Cam H111 PA 17011 MM M
P --6 -a
939 S.Col rook Ave.,Chambersburg,PA 172j q"l
717-975-9446
Atto y r Plaintiff = _t
C--
CERTIFICATE OF LOCATION: —
I HEREBY CERTIFY THAT THE
LOCATION OF THE REAL ESTATE
AFFECTED BY THIS LEIN IS
334.E.KI G STREET,SHIPPENSBURG,PA 17257
Att o e rn 4 //-S1
la
C 133
IF THIS IS THE 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. (1997), 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 THE 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 SUIING
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 MAY 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 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.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff NO.:
VS.
DANIEL TRIMBLE, an individual,
SHANNON SCHAKE, an individual,
FRANK NIERADKO, an individual, ACTION IN MORTGAGE
Defendants FORECLOSURE
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by 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 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff NO.:
VS.
DANIEL TRIMBLE, an individual,
SHANNON SCHAKE, an individual,
FRANK NIERADKO, an individual, ACTION IN MORTGAGE
Defendants FORECLOSURE
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se peresentan mas adelante en las siguientes paginas, debe tomar accion dentro do
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
po 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 sum de dinero reclamada en la demanda o cualquier
otra reclamacion o remdio 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 dereches
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A
VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff NO.:
vs.
DANIEL TRIMBLE, an individual,
SHANNON SCHAKE, an individual,
FRANK NIERADKO, an individual, ACTION IN MORTGAGE
Defendants FORECLOSURE
CIVIL ACTION—COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW comes, Farmers & Merchants Trust Company of Chambersburg, by its
attorneys Dethlefs-Pykosh Law Group, LLC, by Darrell Dethlefs, Esquire who files this
Complaint in Mortgage Foreclosure(the"Complaint"), and hereby alleges as follows:
JURISDICTION
1. The Plaintiff is Farmers & Merchants Trust Company of Chambersburg, which has
its principal place of business at 20 South Main Street, Chambersburg, Pennsylvania 17201.
2. - Defendant, Daniel R. Trimble ("Mr. Trimble") is an adult individual currently
residing at 334 E. King Street, Shippensburg, Pennsylvania 17257.
3. Defendant, Shannon Schake ("Ms. Schake") is an adult individual currently residing
at 939 S. Coldbrook Avenue, Chambersburg, Pennsylvania 17257.
4. Defendant, Frank Nieradko ("Mr. Nieradko") is an adult individual currently
residing at 939 S. Coldbrook Avenue, Chambersburg, Pennsylvania 17201.
5. The real property and personal property that is the subject of this Complaint is
located at and otherwise known as 334 E. King Street, Shippensburg, Pennsylvania 17257. A true
and correct copy of the property deed is marked as Exhibit "A", attached hereto and made a part
hereof.
6. This Court has subject matter jurisdiction over this cause of action.
7. This Court has personal jurisdiction over the defendants in this matter pursuant
to 42 Pa.C.S.A. §§ 5301, 5302, 5304, 5306.
8. Preferred venue properly lies with this Court pursuant to Pa.R.C.P. § 1142.
COUNT 1 —MORTGAGE FORECLOSURE
FARMERS & MERCHANTS TRUST COMPANY OF CHAMBERSBURG
VS.
DANIEL TRIMBLE, an individual, SHANNON SCHAKE, an individual,FRANK
NIERADKO, an individual.
9. Plaintiff hereby re-alleges and incorporates paragraphs 1 through 8 of the
Complaint herein by reference as if fully set forth at length.
10. This is an action seeking: (a) foreclosure upon a first mortgage on certain real
estate, and(b)recovery upon a note.
11. On or about December 20, 2000, Defendants executed a Promissory Note
("Note") in favor of Plaintiff in the original amount of One-Hundred and Twenty-Four Thousand
Dollars ($124,000.00). A true and correct copy of said Note is marked Exhibit `B", attached
hereto and made a part hereof.
12. On or about December 20, 2000, as a security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of One-Hundred and Twenty-Four Thousand Dollars ($124,000.00) on the premises hereinafter
described, with said Mortgage being recorded in the Office of the Recorder of Deeds of
Cumberland County on December 21, 2000, in Mortgage Book Vol. 1659, Page 661. A true and
correct copy of said Mortgage containing a description of the premises subject to said Mortgage
is marked Exhibit"C", attached hereto and made part hereof.
13. Defendants are the record and real owners of the aforesaid mortgaged premises.
14. Defendants are in default under the terms of aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
15. Specifically and currently, Defendants have failed to make monthly payments for
April 2014 ($174.84), May 2014 ($1,254.69), June 2014 ($1,254.69), July 2014 ($1,254.69), and
August 2014 ($1,254.69).
16. Plaintiff was not required to send Defendant(s) written Notice Pursuant to 35 P.S.
§1680.403(c) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983),
prior to commencement of this action for the reason that the aforesaid mortgage premises is not
the principal residence of Defendant.
17. Plaintiff was not required to send Defendant(s) 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 the original principal balance of the aforesaid
Mortgage is more than $50,000, and therefore:
a. Said Mortgage is not a"residential mortgage" as defined in 41 P.S. §101;
b. The Defendant(s) is/are not "residential mortgage debtors" as defined in 41 P.S.
§101, and;
c. The mortgage premises is not "residential real property" as defined in 41 P.S.
§101.
18. The amount due and owing Plaintiff by Defendant is as follows:
Principal $ 44X 524.00
Interest through 9/10/2014 $ 832.31
Late Charges $ 1,875,84
,875 84
Attorney's Fees $ 1250.00
Title Costs $ 175.00
TOTAL $ 48,657.15
plus interest on the principal sum ($44,524.00) from September 10, 2014, at the rate of$5.57 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorney's fees and costs and for foreclosure and sale of the mortgaged premises.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of$48,657.15, with interest thereon at the rate of$5.57 per diem from September 10, 2014 plus
additional late charges, and costs (including additional escrow advances), additional attorney's
fees and costs, and for foreclosure and sale of the mortgage premises.
COUNT II—ACTION ON NOTE
FARMERS & MERCHANTS TRUST COMPANY OF CHAMBERSBURG
VS.
DANIEL TRIMBLE, an individual, SHANNON SCHAKE, an individual, FRANK
NIERADKO, an individual.
19. Plaintiff hereby re-alleges and incorporates paragraphs 1 through 18 of the
Complaint herein by reference as if fully set forth at length.
20. This is an action seeking: (a) foreclosure upon a first mortgage on certain real
estate, and (b) recovery upon a note.
21. On or about December 20, 2000, Defendants executed a Promissory Note
("Note") in favor of Plaintiff in the original amount of One-Hundred and Twenty-Four Thousand
Dollars ($124,000.00). A true and correct copy of said Note is marked Exhibit `B", attached
hereto and made a part hereof.
22. Defendants are in default under the terms of aforesaid Note for, inter alia, failure
to pay the monthly installments of principal and interest when due.
23. Specifically and currently, Defendants have failed to make monthly payments for
April 2014 ($174.84), May 2014 ($1,254.69), June 2014 ($1,254.69), July 2014 ($1,254.69), and
August 2014 ($1,254.69).
24. The amount due and owing Plaintiff on the Note by Defendant is as follows:
Principal $ 44,524.00
Interest through 9/10/2014 $ 832.31
Late Charges $ 1,875,84
Attorney's Fees $ 1,250.00
Title Costs $ 175.00
TOTAL $ 48,657.15
plus interest on the principal sum ($44,524.00) from September 10, 2014, at the rate of$5.57 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorney's fees and costs.
WHEREFORE, Plaintiff demands judgment on the note for the amount due of
$48,657.15, with interest thereon at the rate of $5.57 per diem from September 10, 2014 plus
additional late charges, and costs (including additional escrow advances), additional attorney's
fees and costs.
Respectf Submitted:
Date: '7 '
Darrell lefs, Esquire
I.D. # 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
Telephone: (717) 975-9446
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT A
Tax T.D.#: 3a-�,'I• Mi a'L
THIS DEED
MADE the L day of October,In the year of two thousand(2000),
BEWEEN,HEIDI A.SWIR-JUDY and DONAW C,JUDY,wife and husband,of
Ren nia,hereinafter referred to as the GraAWM AMD,ojtA
x. P.l m teams in ani mt are;int�rster>tiarW` t'-w�Tii3 rests of axti+x> p,
hereinafter referred to as the Grantees,
vItnMSSE fH,that in consideration of the sum of Eighty Five Thousand
theSsa�G 0rantorrs do,hereby grant and convey to the said Grantees,their receipt whereof,is hereby heir,
and assigns:
ALL that certain lot of ground Situate in the Borough of Shippensburg,
Cumberland County,Pennsylvania,more fully bounded and described as follows:
BOUNDED on the north by East.lUng Street;An the East by a 14 foot
alley;on the south by a 14 foot alley and on the west by lards now or formerly
of Dorothy P.Rader;the sold premier having a frontage on East long Street of
30 feet measuring from the western edge of the aforesaid alley and extending
with a uniform width of 135 feet,more or legs,to the alley In the rear.
DE NG that same real estate that Elwood C.Kelst+er,Jr.,and'leen M.
Kelster,husband and wife,by their deed dated January 30,1996 and recorded In
the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,
In need'Book 134 at Page 459,conveyed to Heidi A.Sailer-Judy and Donald C,
Judy,wife and husband,Grantors herein.
AND the said Grantors will sully warrant the property hereby C
conveyed. c ;
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Ca
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axe; 230 f:u 703
L
tt WITNM WHEREOF,said Grantors have hereunto set"r hands and
seats,the day and year first above written,
Seaied and delivered In cite prMnce of.
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(,EAAi}HeidiS
aid C.7
ACKNC3" Z)GfINWr
OOMt4ONWEAL,TM OF pENt6yLVANIA,-
COUNTY OF CUMBERLAND
on tftis;the day of Oaober,20.00 before me,a Notary public,the
nett c MOV,pemonaW at m'Heidi k Wlerrt n,and
be Donald s
uctdersig known to me or sosfactodty p
)udy,wife and husband, and acknowledged that
whose narr►es�same for the pu€ribed to the in lnms-~a contained.
they executed
IN WITNESS WHEREOF'1 hereunto set my
hand and 01 tial seal
n ��,• �,,s
is ;`sS�., 'eq'•r s'J+
my Commission Expires: �,:,•
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4���Ca7[mx+aMhAs9bCil3�SitNtigNAA�-
I hereby certhy that the Precise residence oP the Grantee is astollom:
939 S C 196'cd L ice.
Attorr or Agent torr n
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EXHIBIT B
PROMISSORY NOTE
i*rtncl of i;`oan t7afe IVlaturli
Ofttcer lnfttals
P
y Qan o caittCotl Aecpunt
$.]:24(700 D.4 :l 2Q-2QtIQ ..Q1 Q1.2016 RE ..: TPl3.:
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing"" has been omitted due to text length limitations.
Borrower: Daniel R.Trimble(SSN: 211-64-6696),Shannon T. Lender: Farmers and Merchants Trust Company of
Schake(SSN: 198-56-6696)and Frank E.#ierekde•c� Chambersburg
(SSN: 160-56-9444) IjAlIl pj(p Commercial Services Department
939 South Coldbrook Avenue 20 South Main Street
Chambersburg,PA 17201 P.O.Box 6010
Chambersburg,PA 17201-6010
(717)264-6116
Principal Amount: $124,000.00Nor � Date of Note: December 20, 2000
PROMISE TO PAY. Daniel R.Trimble,Shannon T.Schake and Frai ower")jointly and severally promise to pay to Farmers
and Merchants Trust Company of Chambersburg("Lender"),or order,in lawful money of the United States of America,the principal amount of
One Hundred Twenty Four Thousand&00/100 Dollars($124,000.00),together with interest on the unpaid principal balance from December 20,
2000,until paid In full.
PAYMENT. Subject to any payment changes resulting from changes in the Index,Borrower will pay this loan in accordance with the following
payment schedule: 3 monthly consecutive payments,beginning February 1,2001,with interest calculated on the unpaid principal balances at
an interest rate,of�110.800%per annum;57 monthly consecutive payments in the initial amount of$1,254.69 each,beginning May 1,2001,with
interest calculated bn the unpaid principal balances at an interest rate of 10.500%per annum;119 monthly consecutive payments in the initial
amount of$1,254.69.each,beginning February 1,2006,with interest calculated on the unpaid principal balances at an interest rate based on
the Wall Street Journal Prime Rate(currently 9.500%),plus a margin of 1.250 percentage points,resulting in an initial interest rate of 10.750%;
and one payment of$64,122.47 on January 1,2016,with interest calculated on the unpaid principal balances at an interest rate based on the
Wall Street Journal Prime Rate.(currently 9.500%),plus a margin of 1.250 percentage points,resulting in an initial interest rate of 10.750%.
This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not
change;the actual final payment will be for all principal and accrued interest not yet paid,together with any other unpaid amounts under this
Note. Unless otherwise agreed or required by applicable law,payments will be applied first to accrued unpaid interest,then to principal,and
any remaining amount to any unpaid collection costs and late charges. The annual interest rate for this Note is computed on a 365/360 basis;
that is,by applying the ratio of the annual interest rate over a year of 360 days,multiplied by the outstanding principal balance,multiplied by
the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lenders address shown above or at such other place
as Lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which
is the New Your Prime Rate as published in the Wall Street Journal. When a range of rate has been published,the higher of the rates will be used(the
"Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan,
Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The
interest rate change will not occur more often than each time there has been a change in the Index. Borrower understands that Lender may make
loans based on other rates as well. The Index currently is 9.500%per annum. The interest rate or rates to be applied to the unpaid principal
balance of this Note will be the rate or rates set forth herein in the"Payment"section. Notwithstanding any other provision of this Note,after
the first payment stream,the Interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending
payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law.
Whenever increases occur in the interest rate,Lender,at its option,may do one or more of the following: (A) increase Borrower's payments to ensure
Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of
Borrowers payments,and (D) continue Borrower's payments at the same amount and increase Borrowers final payment.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject
to refund upon early payment(whether voluntary or as a result of default),except as otherwise required by law. Except for the foregoing,Borrower
may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not,unless agreed to by Lender in writing,relieve
Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather,early payments will reduce the principal balance
due and may result in Borrowers making fewer payments. Borrower agrees not to send Lender payments marked"paid in full","without recourse",or
similar language. If Borrower sends such a payment,Lender may accept it without losing any of Lender's rights under this Note,and Borrower will
remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts,including any check or other
payment instrument that indicates that the payment constitutes "payment in full"of the amount owed or that is tendered with other conditions or
limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Farmers and Merchants Trust Company of Chambersburg,P.O.
Box 6010 Chambersburg,PA 17201.6010.
LATE CHARGE. If a payment is 16 days or more late,Borrower will be charged 6.000%of the regularly scheduled payment.
INTEREST AFTER DEFAULT. Upon default,including failure to pay upon final maturity,Lender,at its option,may,if permitted under applicable law,
increase the variable interest rate on this Note by 2.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable
law. If judgment is entered in connection with this Note,interest will continue to accrue on this Note after judgment at the interest rate applicable to this
Note at the time judgment is entered.
DEFAULT. Each of the following shall constitute an event of default("Event of Default")under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term,obligation,covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term,obligation,covenant or condition contained in any other agreement between
Lender and Borrower.
False Statements. Any warranty,representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note
or the related documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading
at any time thereafter.
Death or Insolvency. The death of Borrower or the dissolution or termination of Borrowers existence as a going business,the insolvency of
Borrower,the appointment of a receiver for any part of Borrower's property,any assignment for the benefit of creditors, any type of creditor
workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method,by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This
includes a garnishment of any of Borrowers accounts,including deposit accounts,with Lender. However,this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding,in an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor 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 Guarantors 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.
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.
Cure 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(and no event of default will have occurred) 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 on
this Note and all accrued unpaid interest immediately due,and then Borrower will pay that amount.
PROMISSORY NOTE
(Continued) Page 2
ATTORNEYS'FEES;EXPENSES. Lender may hire or pay someone 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 attorneys'fees and Lender's legal expenses,whether or not there is a
lawsuit,including attorneys'fees,expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or injunction),and
appeals. if not prohibited by applicable law,Borrower also will pay any court costs,in addition to all other sums provided by law.
GOVERNING LAW. This Note will be governed by,construed and enforced in accordance with federal law and the laws of the Commonwealth
of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania.
CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County,
Commonwealth of Pennsylvania.
DISHONORED ITEM FEE. Borrower will pay a fee to Lender of$25.00 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 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.
COLLATERAL. Borrower acknowledges this Note is secured by,in addition to any other collateral,a Mortgage dated December 20,2000,to Lender on
real property located in Cumberland County,Commonwealth of Pennsylvania,all the terms and conditions of which are hereby incorporated and made
a part of this Note;an Assignment of All Rents to Lender on real property located in Cumberland County,Commonwealth of Pennsylvania,all the terms
and conditions of which are hereby incorporated and made a part of this Note
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower,and upon Borrower's heirs,personal representatives,successors
and assigns,and shall inure to the benefit of Lender and its successors and assigns.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower
understands and agrees that,with or without notice to Borrower,Lender may with respect to any other Borrower (a)make one or more additional
secured or unsecured loans or otherwise extend additional credit; (b)alter,compromise,renew,extend,accelerate,or otherwise change one or more
times the time for payment or other terms any indebtedness,including increases and decreases of the rate of interest on the indebtedness; (c)
exchange,enforce,waive,subordinate,fail or decide not to perfect,and release any security,with or without the substitution of new collateral; (d)
apply such security and direct the order or manner of sale thereof,including without limitation,any non-judicial sale permitted by the terms of the
controlling security agreements,as Lender in its discretion may determine; (e)release,substitute,agree not to sue,or deal with any one or more of
Borrower's sureties,endorsers,or other guarantors on any terms or in any manner Lender may choose; and (f)determine how,when and what
application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who
signs,guarantees or endorses this Note,to the extent allowed by law,waive presentment,demand for payment,and notice of dishonor. Upon any
change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser,shall be released from liability. All such parties agree that Lender may renew or extend(repeatedly and for any
length of time)this loan or release any party or guarantor or collateral;or impair,fail to realize upon or perfect Lender's security interest in the collateral;
and take 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 enforceability of any other provisions of
this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA,OR ELSEWHERE,TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED,CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE,TOGETHER WITH COSTS OF SUIT,AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT(10%)OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION,BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE 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, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE
VARIABLE INTEREST RATE PROVISIONS AND THE NOTICE TO COSIGNER SET FORTH BELOW. EACH BORROWER AGREES TO THE
TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X. (Seal) (Seal)
-Uaniel R.Trimble,individually' nnon T e, ndividuail
• (Seal)
rank l Indivjf}p;a(ly
,acknowledg and rvered in the presen of:
X
Witness
X
Witness
LENDER:
FARMERS'AND MERCHANTS-TRUST COMPANY OF CHAMBERSBURG
X
Auttiorized Signer "
EXHIBIT C
RECORDATION REQUESTED BY:
Farmers and Merchants Trust Company of Chambersburg j
Commercial Services Department
20 South Main Street `
P.0.Box 6010
Chambersburg,PA 17201-6010
00 CEC 21 Pit 2 `i
WHEN RECORDED MAIL TO: 707 Y
Farmers and Merchants Trust Company of Chambersburg
Commercial Services Department
20 South Main Street
P.O.Box 6010
Chambersburg,PA 17201.6010 ^
SEND TAX NOTICES TO:
Daniel R.Trimble,Shannon T.Schake and F ank E.Nieradko
Ch South Coldbrook Avenue ,, ? //�
939 South
Col PA fTi54- y CCCJJJ��LL4���--- ?fY SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE dated December 20, 2000, is made and executed between Daniel R. Trimble, Shannon T. K
Schake and Frank E. Nieradko, whose address is 939 South Coldbrook Avenue, Chambersburg, PA Af2`s7'ff
(referred to below as "Grantor") and Farmers and Merchants Trust Company of Chambersburg, whose address
is Commercial Services Department, 20 South Main Street, P. O. Box 6010, Chambersburg, PA 17201-6010
(referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration,Grantor grants,bargains,sells,conveys,assigns,transfers,releases,confirms and mortgages
to Lender all of Grantor's right,title,and interest in and to the following described real property,together with all existing or subsequently erected or
affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges,
tenements,hereditaments,and appurtenances thereunto belonging or anywise made appurtenant hereafter,and the reversions and remainders with
respect thereto;all water,water rights,watercourses and ditch rights(including stock in utilities with ditch or irrigation rights); and all other,%ts,
royalties, and profits relating to the real property, includin9 without limitation all minerals, oil, gas;geothermal and similar matters, (the 'Real
Property") located in Cumberland County, commonwealth of Pennsylvania:
See Exhibit A, which is attached to this Mortgage and made a part of this Mortgage as if fully set forth
herein.
The Real Property or its address is commonly known as 334 East King Street, Shippensburg, PA 17257.
Grantor presently assigns to Lender all of Grantor's right,title,and interest in and to all present and future leases of the Property and all Rents from the
Property. In addition,Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS
MORTGAGE. THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY,IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN
AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION
LOAN AGREEMENT,OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN,SHALL ALSO BE AN EVENT OF DEFAULT UNDER
THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TEPMS:
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any'one action"or"anti-deficiency"law,or any other law which
may prevent Lender from bringing any action against Grantor,including a claim for deficiency to the extent Lender is otherwise entitled to a claim for
deficiency,before or after Lender's commencement or completion of any foreclosure action,either judicially or by exercise of a power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a)this Mortgage is executed at Borrower's request and not at the
request of Lender; (b)Grantor has the full power,right,and authority to enter into this Mortgage and to hypothecate the Property; (c)the provisions of
this Mortgage do not conflict with,or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation
of any law,regulation,court decree or order applicable to Grantor; (d)Grantor has established adequate means of obtaining from Borrower on a
continuing basis information about Borrower's financial condition;and (e)Lender has made no representation to Grantor about Borrower(including
without limitation the creditworthiness of Borrower).
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage,Borrower shall pay to Lender all Indebtedness secured by this
Mortgage as it becomes due,and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the
Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default,Grantor may (1) remain in possession and control of the Property; (2) use,
operate or manage the Property;and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs,replacements,and maintenance
necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the
Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on,under,about or from the Property; (2) Grantor has no knowledge of,or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance on,under,about or from the
Property by any prior owners or occupants of the Property,or (c) any actual or threatened litigation or claims of any kind by any person relating
to such matters;and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant,
contractor,agent or other authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous
Substance on,under,about or from the Property;and (b) any such activity shall be conducted in compliance with all applicable federal,state,
and local laws,regulations and ordinances,including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter
upon the Property to make such inspections and tests,at Grantor's expense,as Lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties
contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and
waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any
such laws;and (2) agrees to indemnify and hold harmless Lender against any and all claims,losses,liabilities,damages,penalties,and expenses
which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property,
whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage,including the obligation to
indemnify,shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be
affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise.
Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of or waste on or to the
Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not remove,or grant to any other party the
right to remove,any timber,minerals(including oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to replace
such Improvements with Improvements of at least equal value.
MORTGAGE
(Continued) Page 2
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws,ordinances,and regulations,now or hereafter in
effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With
Disabilities Act. Grantor may contest in good faith any such law,ordinance, or regulation and withhold compliance during any proceeding,
including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion,
Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably
satisfactory to Lender,to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts,in addition to those acts
set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due(and in all events prior to delinquency)all taxes,payroil'taxes,special taxes,assessments,water charges
and sewer service charges levied against or on account of the Property,and shall pay when due all claims for work done on or for services
rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of
Lender under this Mortgage,except for those liens specifically agreed to in writing by Lender,and except for the lien of taxes and assessments not
due as further specified in the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation to
pay,so long as Lenders interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,Grantor shall within fifteen
(15)days after the lien arises or,if a lien is filed,within fifteen(15)days after Grantor has notice of the filing,secure the discharge of the lien,or if
requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient
to discharge the lien plus any costs and attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the lien. In
any contest,Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
Property.
Notice of Construction. Grantor shall notify Lender at least fifteen(15)days before any work is commenced,any services are furnished,or any
materials are supplied to the Property,if any mechanic's lien,materialmen's lien,or other lien could be asserted on account of the work,services,
or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the
cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause,and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general
liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance
policies. Additionally,Grantor shall maintain such other insurance,including but not limited to hazard,business interruption and boiler insurance
as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender.
Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished
without a minimum of ten(10)days'prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such
notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
act,omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal
Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance, if available,
within 45-days after notice is given by Lender thAt'the Property is located in a special flood hazard area,for the full unpaid principal balance of the
loan and any prior liens on the property securing the loan,up to the maximum policy limits set under the National Flood Insurance Program,or as
otherwise required by Lender,and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor
fails to do so within fifteen(15)days of the casualty. Whether or not Lender's security is impaired,Lender may,at Lender's election,receive and
retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of any lien affecting the Property,or
the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,Grantor shall repair or replace the
damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds
which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property
shall be used first to pay any amount owing to Lender under this Mortgage,then to pay accrued interest,and the remainder, if any,shall be
applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness,such proceeds shall
be paid to Grantor as Grantor's interests may appear.
Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of,and pass to,the purchaser of the Property covered by this
Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage,or at any foreclosure sale of such Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails
to comply with any provision of this Mortgage or any Related Documents,including but not limited to Grantor's failure to discharge or pay when due
any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents,Lender on Grantor's behalf may(but shall not be
obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests,
encumbrances and other claims,at any time levied or placed on the Property and paying all costs for insuring,maintaining and preserving the Property.
All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or
paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lenders option,will (A) be
payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become
due during either (1) the term of any applicable insurance policy;or (2) the remaining term of the Note;or (C) be treated as a balloon payment
which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all
other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of
any mortgage foreclosure judgment.
WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage:
Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple,free and clear of all liens and
encumbrances other than those set forth in the.Real Property description or in any title insurance policy,title report,or final title opinion issued in
favor of,and accepted by,Lender in connection'with this Mortgage,and (b)Grantor has the full right,power,and authority to execute and deliver
this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above,Grantor warrants and will forever defend the title to the Property against the
lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this
Mortgage,Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice,and Grantor will deliver,or
cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances,and regulations of governmental authorities.
Survival of Representations and Warranties. All representations,warranties,and agreements made by Grantor in this Mortgage shall survive
the execution and delivery of this Mortgage,shall be continuing in nature,and shall remain in full force and effect until such time as Borrower's
Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed,Grantor shall promptly notify Lender in writing,and Grantor shall promptly take such
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice,and Grantor will deliver or cause to
be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation.
BOti;;;;�S�PAGE 661
MORTGAGE
(Continued) Page 3
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase
in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs,expenses,and
attorneys'fees incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees
and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all
taxes,as described below,together with all expenses incurred in recording,perfecting or continuing this Mortgage,including without limitation all
taxes,fees,documentary stamps,and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of
the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments
on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the
Note;and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage,this event shall have the same
effect as an Event of Default,and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor
either (1) pays the tax before it becomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this
Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures or other personal
property,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender,Grantor shall execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property
records, Lender may, at any time and without further authorization from Grantor,file executed counterparts, copies or reproductions of this
Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest.
Upon default,Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it
available to Lender within three(3)days after receipt of written demand from Lender.
Addresses. The mailing addresses of Grantor(debtor)and Lender(secured party) from which information concerning the security interest
granted by this Mortgage may be obtained(each as required by the Uniform Commercial Code)are as stated on the first page of this Mortgage.
FURTHER ASSURANCES;ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are
a part of this Mortgage:
Further Assurances. At any time,and from time to time,upon request of Lender,Grantor will make,execute and deliver,or will cause to be
made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages,
deeds of trust,security deeds,security agreements,financing statements,continuation statements,instruments of further assurance,certificates,
and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,continue,or
preserve (1) Borrower's and Grantor's obligations under the Note,this Mortgage,and the Related Documents,and (2) the liens and security
interests created by this Mortgage as first and prior liens on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited
by law or Lender agrees to the contrary in writing,Grantor shall reimburse Lender for all costs and expenses incurred in connection with the
matters referred to in this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph,Lender may do so for and in the name
of Grantor and at Grantor's expense. For such purposes,Grantor hereby irrevocably authorizes Lender to make,execute,deliver,file,record and
do all other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. It
is understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Borrower pays all the Indebtedness when due,and otherwise performs all the obligations imposed upon Grantor under this
Mortgage,Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing
statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay,if permitted by applicable law,any
reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Mortgage:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance,or any
other payment necessary to prevent filing of or to effect discharge of any lien.
Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this
Mortgage or in any of the Related Documents or to comply with or to perform any term,obligation,covenant or condition contained in any other
agreement between Lender and Borrower or Grantor.
False Statements. Any warranty,representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's
behalf under this Mortgage,the Note,or the Related Documents is false or misleading in any material respect,either now or at the time made or
furnished or becomes false or misleading at any time thereafter.
Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect(including failure of any collateral
document to create a valid and perfected security interest or lien)at any time and for any reason.
Death or Insolvency. The death of Borrower or Grantor,the insolvency of Borrower or Grantor,the appointment of a receiver for any part of
Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any
proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method,by any creditor of Borrower or Grantor or by any governmental agency against any property securing the
Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts,including deposit accounts,with Lender. However,this
Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the
basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and
deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its sole discretion,
as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and
Lender that is not remedied within any grace period provided therein,including without limitation any agreement concerning any indebtedness or
other obligation of Borrower or Grantor to Lender,whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. 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.
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 Cure. If such a failure is curable and if Borrower or Grantor has not been given a notice of a breach of the same provision of this
Mortgage within the preceding twelve(12)months,it may be cured(and no Event of Default will have occurred) if Borrower or Grantor,after
Lender sends written notice demanding cure of such failure: (a)cures the failure within fifteen(15)days;or (b)if the cure requires more than
fifteen(15)days,immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary
steps sufficient to produce compliance as soon as reasonably practical.
Houxlet'J`J1 fW
MORTGAGE
(Continued) Page 4
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender,at Lender's option,may
exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at it option,after giving such notices as required by applicable law,to declare the entire
Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property,Lender shall have all the rights and remedies of a secured party under
the Uniform Commercial Code.
Collect Rents. Lender shall have the right,without notice to Borrower or Grantor,to take possession of the Property and,with or without taking
possession of the Property,to collect the Rents,including amounts past due and unpaid,and apply the net proceeds,over and above Lender's
costs,against the Indebtedness. in furtherance of this right,Lender may require any tenant or other user of the Property to make payments of rent
or use fees directly to Lender. If the Rents are collected by Lender,then Grantor irrevocably authorizes Lender to endorse instruments received in
payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in
response to Lender's demand shall satisfy the obligations for which the payments are made,whether or not any proper grounds for the demand
existed. Lender may exercise its rights under this subparagraph either in person,by agent,or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to
protect and preserve the Property,to operate the Property preceding foreclosure or sale,and to collect the Rents from the Property and apply the
proceeds,over and above the cost of the receivership,against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a
substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
Possession of the Property. For the purpose of procuring possession of the Property,Grantor hereby authorizes and empowers any attorney of
any court of record in the Commonwealth of Pennsylvania or elsewhere,as attorney for Lender and all persons claiming under or through Lender,
to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and
confess judgment against Grantor,and against all persons claiming under or through Grantor,for the recovery by Lender of possession of the
Property,without any stay of execution,for which this Mortgage,or a copy of this Mortgage verified by affidavit,shall be a sufficient warrant;and
thereupon a writ of possession may be issued forthwith,without any prior writ or proceeding whatsoever.
Nonjudicial Sale. If permitted by applicable law,Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real
Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor,Grantor shall become a tenant at sufferance of Lender or the purchaser
of the Property and shall, at Lender's option,either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property
immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law,Borrower and Grantor hereby waives any and all right to have the property
marshalled. In exercising its rights and remedies,Lender shall be free to sell all or any part of the Property together or separately,in one sale or by
separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after
which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law,
reasonable notice shall mean notice given at least ten(10)days before the time of the sale or disposition.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
expenditures or to take action to perform an obligation of Grantor under this Mortgage,after Grantor's failure to perform,shall not affect Lender's
right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights
and remedies available to Lender following an Event of Default,or in any way to limit or restrict the rights and ability of Lender to proceed directly
against Grantor and/or Borrower and/or against any other co-maker,guarantor,surety or endorser and/or to proceed against any other collateral
directly or indirectly securing the Indebtedness.
Attorneys'Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage,Lender shall be entitled to recover
such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is involved,and
to the extent not prohibited by law,all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of
its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate
from the date of the expenditure until repaid. Expenses covered by this paragraph include,without limitation,however subject to any limits under
applicable law,Lender's attorneys'fees and Lender's legal expenses,whether or not there is a lawsuit,including attorneys'fees and expenses for
bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services,the cost of searching records,obtaining title reports(including foreclosure reports),surveyors'reports,and appraisal fees and
title insurance,to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law,any notice required to be given under this Mortgage shall be given in writing,and shall be
effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally
recognized overnight courier,or,if mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed
to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this
Mortgage shall be sent to Lender's address,as shown near the beginning of this Mortgage. Any party may change its address for notices under this
Mortgage by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's address. For notice
purposes,Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law,if there is
more than one Grantor,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the
parry or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence,Grantor shall furnish to Lender,upon request,a certified
statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require.
"Net operating income"shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the
Property.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Governing Law. This Mortgage will be governed by, construed and enforced in accordance with federal law and the laws of the
Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania.
Choice of Venue. If there is a lawsuit,Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County,
Commonwealth of Pennsylvania.
Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several,and all references to Grantor
shall mean each and every Grantor,and all references to Borrower shall mean each and every Borrower. This means that each Borrower and
Grantor signing below is responsible for all obligations in this Mortgage.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A
waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance
with that provision or any other provision of this Mortgage. No prior waiver by Lender,nor any course of dealing between Lender and Grantor,
shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender
is required under this Mortgage,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
eat;;109 r"t 664
MOPTGAGE
(Continued) page 5
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal,invalid,or unenforceable as to any person or
circumstance,that finding shall not make the offending provision illegal,invalid,or unenforceable as to any other person or circumstance. If
feasible,the offending provision shall be considered modified so that it becomes legal,valid and enforceable. If the offending provision cannot 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 interest or estate in the Property at any time
held by or for the benefit of Lender in any capacity,without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor,and upon Grantor's heirs,personal representatives,successors,
and assigns,and shall be enforceable by Lender and its successors and assigns.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to
the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the
singular shall include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise defined in this
Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word"Borrower"means Daniel R.Trimble,Shannon T.Schake and Frank E.Nierakdo,and all other persons and entities signing
the Note in whatever capacity.
Default. The word"Default"means the Default set forth in this Mortgage in the section titled"Default".
Environmental Laws. The words"Environmental laws"mean any and all state,federal and local statutes,regulations and ordinances relating to
the protection of human health or the environment,inciudin j without limitation the Comprehensive Environmental Response,Compensation,and
Liability Act of 1980,as amended,42 U.S.C.Section 9601,at seq.("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986,Pub.
L.No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource Conservation and Recovery
Act,42 U.S.C.Section 6901,at seq.,or other applicable state or federal laws,rules,or regulations adopted pursuant thereto.
Event of Default. The words"Event of Default"mean any of the events of default set forth in this Mortgage in the events of default section of this
Mortgage.
Grantor. The word"Grantor"means Daniel R.Trimble,Shannon T.Schake and Frank E.Nieradko.
Guarantor. The word"Guarantor"means any guarantor,surety,or accommodation parry of any or all of the Indebtedness.
Guaranty. The word"Guaranty"means the guaranty from Guarantor to Lender,including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words"Hazardous Substances"mean materials that,because of their quantity,concentration or physical,chemical
or infectious characteristics,may cause or pose a present or potential hazard to human health or the environment when improperly used,treated,
stored,disposed of,generated, manufactured, transported or otherwise handled. The words "Hazardous Substances"are used in their very
broadest sense and include without limitation any and all hazardous or toxic substances,materials or waste as defined by or 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 Property. -
Indebtedness. The word"Indebtedness"means all principal,interest,and other amounts,costs and expenses payable under the Note or Related
Documents,together with all renewals of,extensions of,modifications of,consolidations of and substitutions for the Note or Related Documents
and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's
obligations under this Mortgage,together with interest on such amounts as provided in this Mortgage.
Lender. The word"Lender"means Farmers and Merchants Trust Company of Chambersburg,its successors and assigns.
Mortgage. The word"Mortgage"means this Mortgage between Grantor and Lender.
Note. The word"Note"means the promissory note dated December 20,2000,in the original principal amount of$124,000.00 from
Borrower to Lender,together with all renewals of,extensions of, modifications of, refinancings of,consolidations of, and substitutions for the
promissory note or agreement. The maturity date of this Mortgage is January 1,2016.
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 in this Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and.documents,whether now or hereafter existing,executed in connection with the Indebtedness.
Rents. The word"Rents"means all present and future rents,revenues,income,issues, royalties, profits,and other benefits derived from the
Property.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE
THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
X f- (Seal)
` Daniel R.Trimble,Individually nnon T.Schake, ndividually
X (Seal)
Fr*k E. i radko;Individually
Signed,acknowledged and delivered in the presence of:
X
Witnes
l\A;Aj_� � F r
X
Witnes
00,1659 rocs:: 665
MORTGAGE
(Continued) Page 6
CERTIFICATE OF RESIDENCE
I hereby certify,that the precise address of the mortgagee,Farmers and Merchants Trust-Company of Cham�b6tsburg,herein is as follows:
Commercial Seryices Department,20 South Main Street,P.0.Box 6010,Cham*
sburg,PA 172 40 f0' \
Attomey or Agenl for Mortgagee
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
(� )SS
COUNTY OF 17
On this,the day of �eC2n�IJ{r 20 before me BU-"
the undersigned Notary Public,personally appeared Daniel R.Trimble;Shannon T.Schake;and Frank E.
Nieradko,known to me(or satisfactorily proven)to be the person whose names are subscribed to the within instrument,and acknowledged that they
executed the same for the purposes therein contained.
In witn&Ss whereof,I hereunto set my hand and official seal.
Notary Public in and for the State of
tir
Notad
t• �lASEFPPOIxny.Feg,US.PetdTU.OFF.,ver.111W1(11C-11.9vr.tOW. mAighuFnarveE. -PA LiC �\�� - aFAF) over,Notary Public
Chambereburg Boro,Franklin County
My Comml6sion Expires July 16,2001
MembDr,?enn� �•nAi�A®au5ldrlurt gt'tfti;:inaq
goo,j 659 FacE . 116
LEGAL DESCRIPTION
ALL that certain lot of ground situate in the Borough of Shippensburg,Cumberland County,Pennsylvania,more
fully bounded and described as follows:
BOUNDED on the north by East King Street;on the East by a 14 foot alley;on the south by a 14 foot alley and on
the west by lands now or formerly of Dorothy R.Rader;the said premises having a frontage on East King Street of
30 feet measuring from the western edge of the aforesaid alley and extending with a uniform width of 135 feet,more
or less,to the alley in the rear.
SirtL of Pennsylvania
Coofliy U`i
;:cr�csd it7 tla ofificr
6G`-' dip' '-•.6 /
niiic
wiin mY hand a' ..8=i`day of_� Y
Carlisle,PA this _-__--
Recorder
HGOi{ Ery PAGE,
667
i?
a�
r=
VEIRIFI CAT[ON
William A. Pryor, Vice President, and duly authorized representatives of Farmers and
Merchants Trust Company of Chambersburg, deposes and says subject to the penalties of 18 Pa.
C.S.A. §4904"1relating to unswom falsification to authorities that the facts set forth in the
s,
foregoing pleading are true and correct to his information and belief
qs �
Date: // /'.'
I
s' William A. Prior
t° Vice President
r
�•y
T,.
J.
A1C/
f
't.
A
i
}
a
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
>0";;?-'
Richard W Stewart
Solicitor pFTIGE OFneci!4ERIpp
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
7:15
r cR) AN8 [OU@ -Y
"~�`v�^`~|V��\�
PENNSYLVANIA
..
ell Kriwp,�
Farmers & Merchants Trust Company of Chambersburg
vs,
Daniel R Trimble (et al.)
Case Numbe
2014-5222
SHERIFF'S RETURN OF SERVICE
0005/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligentsearch and inquiry
for the within named Defendant to wit: Frank Nieradko, but was unable to Iocate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within
Complaint in Mortgage Foreclosure according to Iaw,
09/05/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Shannon Schake, but was unable to Iocate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within
Complaint in Mortgage Foreclosure according to Iaw.
09/10/2014 01:20 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in
Mortgage Foreclosure by handing a true copy to a person representing themselves to be Troy
Ehrensberger, cook, who accepted as Adut Person in Charge for Daniel R Trimble at 334 E. King
Street, Shippensburg Borough, Shippensburg, PA 17257.
DEN IS FRY, DE
T
09/22/ 2014 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Franklin County, the within
named Defendant Frank Nieradko, not found. Dane Anthony, Sheriff, Return of Service attached to and
made part of the within record.
89/22/2014 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Franklin County, the within
named Defendant Shannon Schake, not found. Dane Anthony, Sheriff, Return of Service attached to and
made part of the within record.
SHERIFF COST: $92.09 SO ANSWERS,
September 26, 2014
(cif CountySuite Sheriff, Teieosoft,
R0NNYRANDERSON, SHERIFF
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2014-00321 T
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
FARMERS & MERCHANTS TRUST
VS
FRANK NIERADKO
BRIAN J CRAMER
, Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
NIERADKO FRANK but was
unable to locate Him in his bailiwick. He therefore returns the
COMP MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
939 SOUTH COLDBROOK AVENUE
, NIERADKO FRANK
CHAMBERSBURG, PA 17201
CURRENT OWNER PURCHASED HOME FROM FRANK IN 2009; FRANK LIVES IN
FLORIDA.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and subscribed to
this Ays - day of
c7g0 A.D.
044400;6754a
.00
.00
.00
.00
.00
.00
So answers:
BRIAN J
ER —7
DANE M
THONY, Sheriff
DETHLEFS PYKOSH LAW GROUP LLC
09/22/2014
before me
NO glaSEA -
RICHARD D. MCCARTY, Notary Public
Charnberthtjrg Bora., Franklin County
My Commission Expires Jan. 29, 2015
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2014-00321 T
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
FARMERS & MERCHANTS TRUST
VS
FRANK NIERADKO
BRIAN J CRAMER , Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
SCHAKE SHANNON but was
unable to locate Her in his bailiwick. He therefore returns the
COMP MORT FORE
the within named DEFENDANT SCHAKE SHANNON
939 SOUTH COLDBROOK AVENUE
, NOT FOUND , as to
CHAMBERSBURG, PA 17201
CURRENT OWNER DOES NOT KNOW DEFENDANT
Sheriff's Costs: So answers:
Docketing .00
Service .00
Affidavit .00 BRIAN J ER
Surcharge .00 DANE M THONY, Sheriff
.00
.00 DETHLEFS PYKOSH LAW GROUP LLC
09/22/2014
Sworn and subscribed to before me
this ‘=".t144.---.4.' day of
A.D.
f.
Yped44.2.74-1-r
Notary
THE PROTHCNO:'
2015 JAN -9 MI 8: 39
CUMBERLAND COUNTY
PENNSYLVANIA
Darrell C. Dethlefs, Esquire
Dethlefs-Pykosh Law Group, LLC
2132 Market St, Camp Hill, PA 17011
(717) 975-9446
ddethlefs@aol.com
Supreme Court ID No. 58805
FARMERS AND MERCHANTS TRUST : IN THE COURT OF COMMON PLEAS OF
COMPANY OF CHAMBERSBURG : CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
vs.
: CIVIL ACTION
DANIEL TRIMBLE, an individual
SHANNON SCHAKE, an individual
FRANK NIERADKO, an individual
Defendants
: NO. 14-5222 Civil
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint that was originally filed in the above -captioned
matter on September 05, 2014.
Date:
Respectfully submitted,
DarrelT wDethlefs, Esq.
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
ddethlefs@aol.com
Supreme Court ID No. 58805
a 4 /0
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