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HomeMy WebLinkAbout14-5593HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff i'. I i E u, ,. t' r THE PROTH I 20I14 SEP 22 AFS I I: 55 CUMBERLAND COUNTY PENNSYLVANIA ORRSTOWN BANK v. Plaintiff, STEPHANIE D. BAER; and SCOTT K. RHINEHART Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION— DECLARATORY RELIEF NO. 14 55q3 vi I Term PRAECIPE TO INDEX LIS PENDENS TO THE PROTHONOTARY: Please index the above -captioned action as a lis pendens against the interest of Defendant Stephanie D. Baer in the following real property: 337 E. Garfield Street, Shippensburg, PA 17257. Attached hereto as Exhibit "A" is description of the property. The undersigned hereby certifies that this action affects title to or other interest in the above-described real property. HALBERSTADT CURLEY LLC By: Date: I I Scott M. Rothman $16,50 Pp Kr14 g08D 01- 3113541 Exhibit A ALL THE following described real estate lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street, on the East by a strip of land eight feet wide, formerly a part of this tract, and land now or formerly of A.C. Finkey; on the North by a public alley; on the West by property now or formerly of John A. Magee and Gail M. Magee, his wife. The described lot of ground having a frontage on East Garfield Street of 32 feet, and extending in depth to a public alley in the rear a depth of 173 feet. Supreme Coin~ o ? ° ennsylvania d. ¢ ,. Cour offCommo o ver tee land leas et County For Prothonotary Use Only: Commencement of Action: 1/ �?�`S., Docket No: 0 Transfer from Another Jurisdiction • - ITefM f y _ :5-(43 illi (check one) U outside arbitration limits The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. S E C T I 0 N A Commencement of Action: Petition Declaration of Taking ® Complaint U Writ of Summons 0 0 Transfer from Another Jurisdiction • Lead Plaintiff's Name: Orrstown Bank Lead Defendant's Name: Stephanie D. Baer Dollar Amount Requested: U within arbitration limits Are money damages requested? U Yes CIM No (check one) U outside arbitration limits Is this a Class Action Suit? U Yes MI No Is this an MDJAppeal? I Yes IM1 No Name of Plaintiff/Appellant's Attorney: Scott M. Rothman a Self -Represented [Pro Se] Litigant) Cl Check here if you have no attorney (are S E C T I 0 N B 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) O Intentional ® Malicious Prosecution O Motor Vehicle Q Nuisance Q Premises Liability Q Product Liability (does not include mass tort) Q Slander/Libel/ Defamation Q Other: MASS TORT DI Asbestos Q Tobacco J Toxic Tort - DES J Toxic Tort - Implant Q Toxic Waste Other: PROFESSIONAL LIABLITY Q Dental DI Legal Q Medical Q Other Professional: CONTRACT (do not include Judgments) Q Buyer Plaintiff Q Debt Collection: Credit Card Q Debt Collection: Other Q Employment Dispute: Discrimination U Employment Dispute: Other Q Other: REAL PROPERTY Q Ejectment Q Eminent Domain/Condemnation ® Ground Rent Q Landlord/Tenant Dispute Q Mortgage Foreclosure: Residential Q Mortgage Foreclosure: Commercial Q Partition El Quiet Title El Other: Declaratory Relief CIVIL APPEALS Administrative Agencies Q Board of Assessment Q Board of Elections Dept. of Transportation Statutory Appeal: Other Q Zoning Board ® Other: MISCELLANEOUS O Common Law/Statutory Arbitration Q Declaratory Judgment in Mandamus 0 Non -Domestic Relations Restraining Order Q Quo Warranto ® Replevin ® Other: Updated 1/1/2011 HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff F'LE)-Cr F iTF 'U 201iSEP 22 MIi :55 CUI bL Mt1D CO!! Y 'YLidtif {,v ORRSTOWN BANK 77 East King Street Shippensburg, PA 17257 Plaintiff, v. STEPHANIE D. BAER 121 W. Wissahicken Avenue Flourtown, PA 19031 SCOTT K. RHINEHART 335 East Garfield Street Shippensburg, PA 17257 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—DECLARATORY RELIEF NO. I - 55Q3 1Ter NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 115. q5 q 08 Ot 3I135Lj AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomard medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 051 NO TIENE EL DINERO SUFICIENTE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCI6N SE ENCUENTRA ES CRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff ORRSTOWN BANK 77 East King Street Shippensburg, PA 17257 Plaintiff, V. STEPHANIE D. BAER 121 W. Wissahicken Avenue Flourtown, PA 19031 SCOTT K. RHINEHART 335 East Garfield Street Shippensburg, PA 17257 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION— DECLARATORY RELIEF NO. COMPLAINT Plaintiff, Orrstown Bank through its undersigned attorney, by way of Complaint brought pursuant to Pa. R.C.P. 1601 et seq., avers as follows: 1. Plaintiff herein is Orrstown Bank, ("Plaintiff") a corporation, with offices located at the above -captioned address. 2. Defendants herein are Stephanie D. Baer ("Baer") and Scott K. Rhinehart ("Rhinehart") adult individuals, with a last known addresses as captioned above. 3. Jurisdiction and venue are proper given that the real properties at issue are located in Cumberland County. 4. The properties subject to this Action are known, respectively, as Parcel ID No. 32- 34-2413-079A, the County of Cumberland, Commonwealth of Pennsylvania, commonly known as 337 E. Garfield Street, Shippensburg, PA 17257 ("337 E. Garfield") and Parcel ID No. 32-34- 2413-079, the County of Cumberland, Commonwealth of Pennsylvania, commonly known as 335 E. Garfield Street, Shippensburg, PA 17257 ("335 E. Garfield"). 337 E. Garfield is more particularly described in the legal description attached hereto as Exhibit "A." 335 E. Garfield is more particularly described in the legal description attached hereto as Exhibit "B." 5. Pursuant to a deed (the "337 E. Garfield Deed") recorded with the Cumberland County Recorder of Deeds on November 22, 2006 in Book 277 at Page 3478, title to the 337 E. Garfield Property was apparently vested in Defendant Stephanie D. Baer. A true and correct copy of the 337 E. Garfield Deed is attached hereto as Exhibit "C." 6. Pursuant to a deed (the "335 E. Garfield Deed") recorded with the Cumberland County Recorder of Deeds on September 8, 2011 under Instrument Number 201115563, title to the 335 E. Garfield Property was apparently vested with Defendant Scott K. Rhinehart. A true and correct copy of the 335 E. Garfield Deed is attached hereto as Exhibit "D." 7. Defendant Stephanie D. Baer executed and delivered to Plaintiff Orrstown Bank a mortgage (the "337 E. Garfield Mortgage") which was recorded with the Cumberland County Recorder of Deeds on November 22, 2006, in Book 1973 at Page 4277, and which was intended to provide a lien in favor of Plaintiff Orrstown Bank against Stephanie D. Baer's apparent interest in the 337 E. Garfield Property. A true and correct copy of the 337 E. Garfield Mortgage is attached hereto as Exhibit "E." 8. Defendant Scott K. Rhinehart executed and delivered to Plaintiff Orrstown Bank a mortgage (the "335 E. Garfield Mortgage") which was recorded with the Cumberland County Recorder of Deeds on June 1, 2011 under Instrument No. 201115564, and which was intended to provide a lien in favor of Plaintiff Orrstown Bank against Scott K. Rhinehart's apparent interest in the 335 E. Garfield Property. A true and correct copy of the 335 E. Garfield Mortgage is attached hereto as Exhibit "F." 9. As a result of inadvertence, the 337 E. Garfield Deed was recorded with the Recorder of Deeds Office in Cumberland County with an incorrect legal description. 10. As a result of inadvertence, the 337 E. Garfield Mortgage was recorded with the Recorder of Deeds Office in Cumberland County with an incorrect legal description. 11. The 337 E. Garfield Deed and the 337 E. Garfield Mortgage each reference the common address of 337 E. Garfield Street, Shippensburg, PA 17257 as the property mortgaged; however the legal description contains the metes and bounds recitation for 335 E. Garfield. 12. Contrariwise, the legal descriptions attached to the 335 E. Garfield Deed and 335 E. Garfield Mortgage each contain the metes and bounds recitation for 337 E. Garfield. 13. Stated otherwise, the legal descriptions for the two neighboring properties have been flip-flopped in the chain of title, affecting not only the Defendants' respective ownership interests, but also the mortgage liens held by Plaintiff against each parcel. 14. The purpose of this action is to correct the legal description errors on the 337 E. Garfield Deed, the 337 E. Garfield Mortgage, the 335 E. Garfield Deed and the 335 E. Garfield Mortgage to effectuate the intentions of the parties. COUNT I—DECLARATORY RELIEF 15. Under Pennsylvania law, courts have the power to reform a written instrument upon a showing of fraud, accident or mistake. 16. In accordance with equity, the right to reformation of a deed or a mortgage, where a mutual mistake is manifest, is unquestionable. 17. Grounds for reformation of a deed and mortgage include mutual mistake, but also include unilateral mistake and misrepresentation. 18. The justification for an equitable reformation of an instrument is that it does not accurately set forth the terms of the prior agreement which it was supposed or intended to express. 19. Where the parties have come to a mutual understanding as to the terms to be embodied in a proposed written contract, and the writing which is executed is at variance with that understanding, it will be reformed to express their intention. 20. Reformation may be had by parties to the instrument, or by their privies. 21. ,In this case, Plaintiff has standing to seek declaratory relief in the form of a decree reforming the 337 E. Garfield Deed, 337 E. Garfield Mortgage, 335 E. Garfield Deed and 335 E. Garfield Mortgage for the sole and limited purpose of substituting the correct legal descriptions and thereby effectuating the intentions of the parties to the instruments. WHEREFORE, Orrstown Bank, hereby demands an Order in its favor, together with the following declaratory relief: a. Declaring that the 337 E. Garfield Deed recorded with the Cumberland County Recorder of Deeds on November 22, 2006 in Book 277 at Page 3478 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit "A;" b. Declaring that the 337 E. Garfield Mortgage recorded with the Cumberland County Recorder of Deeds on November 22, 2006 in Book 1973 at Page 4277 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit "A;" c. Declaring that the 335 E. Garfield Deed recorded with the Cumberland County Recorder of Deeds on June 1, 2011 under Instrument Number 201115563 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit "B;" d. Declaring that the 335 E. Garfield Mortgage recorded with the Cumberland County Recorder of Deeds on June 1, 2011 under Instrument Number 201115564 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit ''B;'' e. Declaring that the judgment in mortgage foreclosure obtained by Plaintiff against Stephanie D. Baer in this Court under Docket No. 14-461 is valid and, furthermore, that Plaintiff may proceed to Sheriff's sale pursuant to its already issued Writ of Execution; f. Directing that Plaintiff be permitted to record a certified copy of the Order in the Record of Deeds Office of Cumberland County in the appropriate book, affecting or superseding, as appropriate, the 337 E. Garfield Deed recorded November 22, 2006, the 337 E. Garfield Mortgage recorded November 22, 2006, the 335 E. Garfield Deed recorded June 1, 2011 and the 335 E. Garfield Mortgage recorded June 1, 2011 and that proper notation be made in the margins reflecting the same, thereby perfecting the reformation upon public record nunc pro tunc; and g. appropriate. Date: 9/( /(L/ Granting Plaintiff such other and further relief as the Court deems HALBERSTADT CURLEY LLC By: Scott M. Rothman VERIFICATION LAS51-.V� P Y) C� � V l � (N� , in my capacity asi C{�. -� S . , hereby verify the factual statements contained in the foregoing Complaint are true and correct to the best of my present knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 9 EXHIBIT A ALL THE following described real estate lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street, on the East by a strip of land eight feet wide, formerly a part of this tract, and land now or formerly of A.C. Finkey; on the North by a public alley; on the West by property now or formerly of John A. Magee and Gail M. Magee, his wife. The described lot of ground having a frontage on East Garfield Street of 32 feet, and extending in depth to a public alley in the rear a depth of 173 feet. EXHIBIT B ALL the following described real estate with the improvements thereon erected, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street; on the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly of Lester Finicey; containing 56 feet, more or less, in front along East Garfield Street and extending in depth 173 feet, more or less, to the public alley in the rear, on which alley it fronts 54 feet, more or less; the same comprising Lot 12 and the western 12 feet of Lot 11 an the plan of building lots prepared by U.G. Harglerode. EXHIBIT C 11/20/2006 13:42 7172495755 P6BERT P. ZfF:GLER • RECCRFFP 4.F DEEE1 2306 NOV 22 P1112 50. DEED Parcel N . S2 -34--2413-079A PAGE 02 1" l MADE THE I 5 day of November in the year of our Lord Two Thousand Six (2006). BETWEEN DAVID W. KETNER and MONA S. KETNER„ husband and wife, of Cumberland County, Pennsylvania, hereinafter referred to as: Grantors, and, STEPHANIE D. BAER, single woman, of Cumberland County, Pennsylvania, hereinafter referred to as: Grantee.. WITNESSETH, that in consideration of One Hundred Sixty -Eight Thousand Five Hundred and 00/100 Dollars ($168,500.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantee, her heirs and assigns: ALL the following described real estate with the improvements thereon erected, lying and being situate in the Borough of ShipperisburCumberland Pennsylvania, more particularly described as follows: ON the South by East Garfield Street; on the West by lot now or formerly of Albert Avenger; on the North by a public alley; and on the East by lot now or formerly of Lester Finkey; containing 56 feet, more or less, in front along East Garfield Street and extending in depth 173 feet, more or less, to the public alley in the rear, on which alley it fronts 54 feet; more or less; the same comprising Lot 12 andthe western 12 feet of Lot 11 on the plan of building lots prepared by U.G. Harglerode. EIJG the same premises which Lewis K. Min and Dolora J. Mitten, by Deed dated and recorded June 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 275, Page 1325, granted and conveyed unto David W. Kitner and Mona S. Ketner, Grantors herein. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. 2 7 PAGE3478 IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year fubt above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF (seal) 0 A S. COMMONWEALTH OF PENNSYLVANIA ): SS. COUNTY OF CUMBERLAND On this, the NIday of NO vend. , 2006, before me, the undersigned officer, personally appeared David W. Ketner and Mona S. Ketner known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. s'999p18:-FIT 5441-- wPG' mmg0 om ,......r., .... ..._, . 4 m ..., asgc4t., wak* L66S£9 ildTalaS crkuidaig- *frcf.c&I, (se.,) 1 Ccrtify this to be recorded In.Cumberland County PA Recorder of Deeds boox 277 rAcE3479 • CERTIFICATE ©FRSIAEINCE I hereby certify that the precise residence and complete post office address of the within Grantee is 3 3 7 e. r -c :e_kk S i Ti.4S.0 (-kr G . /74> 7 fI 30 , 2006. Attorney for Grantee DBJU V, BARIC & SCHERER 19 WESTSOUTH =PET CAMBIA PENNSYLVANIA 17013 277 Pac3480 EXHIBIT D AND the said Grantors will specially warrant the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seal, the day and year first above written. Sealed and delivered in the presence of: IS kitti. (SEAL) Lewis K. Mitten ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA: :SS COUNTY OF CUMBERLAND • On this, the day of May, 2011, before me, a Notary Public, the undersigned officer, personally appeared, Lewis K. Mitten and Dolora L. Mitten aka Dolora 3. Mitten, husband and wife, 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 surpose therein contained. k A ITNESS WHEREOF, I hereunto set hand and and seal. nal OF a"me126k, Kaman S. Cornrow!, %try Public South nirOdeton MY Two., Cumberlard County Corfunissfon expires lune 28, 2014 Member. Pennsylvania Association of l'ictutes I here 335$j Date: 04.1:41 Notary ublic My Corn ission Expires: certify that the precise residence of the Grantee is as follows: 5104( VA na57 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201115563 Recorded On 6/1/2011 At 2:01:29 PM * Instrument Type - DEED Invoice Number - 87755 * Grantor - MITTEN, LEWIS K * Grantee - RHINEHART, SCOTT K * Customer - PA R E SETTLMNT *FEES STATE TRANSFER TAX $1,290.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SHIPPENSBURG AREA $640.00 SCHOOL DISTRICT SHIPPENSBURG BOROUGH $640.00 TOTAL PAID $2,622.00 User ID - ES *Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. T Certify this to be recorded in Cumberland County PA RECORDER O D DS * - Information denoted by an asterisk may change daring the verification process and may not be reflected on this page. IIIII�IdIih91111 EXHIBIT E Parcel Identification Number: RECORDATION REQUESTED BY: Ort$town Bank Xing Seem Office 77 Xing Street PO BOX 280 Shippensburg. PA 17257 WHEN RECORDED MAiL TO: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG.PA 17257 28 NUJ 22 PF112 50 FORASS0RDEA'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE Amount Secured Hereby: 6134,600.00 .THIS MORTGAGE dated November 20. 2006. Is made and executed between Stephanie D Beer, whose address Is 501 Glenn Street. Shlppenaburg, PA 17267 (referred to beioMt es "Grantor') end Orrstown Bank, whose address Is 77 East King Street, P 0 BOX 250, Sh)ppensburg, PA • 17267 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration. Grantor grants. bargains, Sane. Conveys, assigns. 'trensters. releases, confirm and mortgages to Lender ell of Grantor's right. title. end Interest In end to the following described reel property, together with all existing or aubsequentiy erected or affixed buildings, Improvements end fi ture% an streete, lanes alleys, passages, and wen's; all easements, rights of way, 8(1 I1bertloa, privileges, tenemenle,. heredhements, and appurtenances thereunto belonging or anywise made appurtenant hereafter. end the reversions end remainders with respect thereto; ell water, water rights, watercourses and ditch rights (Including stock In utilities with ditch or irrigSdon rights): and en other rights, royalties, end profits relating to the reel property, including without (imitation 911 minarets, oil, gas, geothermal end elmllar matters, Itlie 'Real Property")0l ceted In Cumberland County. Commonweatih of Pennsylvania: SEE -ATTACHED The Real Property or hs address Is commonly known as 337 E Garfield St, Shippensburg, PA 17257. °renter preeently assigns m Lender an o1 Gri mot's rigid, 1111e, and Interest In and to all present end future Noses of the Property and ell Rents from the Property. In addition, Grantor grams to Lender a Uniform Commercial Code security interest In the Personal Property end Rents, - THIS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. iS GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND ON PERFORMANCE OF ANY AND AU. OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $134200.00, THE RELATED DOCUMENTS. AND THIS MORTGAGE. THIS MORTGAGE IS GiVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt seamed by this Mortgage is lent to Grantor to acquire title to tha Reel Property; title Mortgage shall be e purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except ea otherwise provided in this Mortgage. Grantor ahe11 pay to Lender ell amounts secured by this Mortgage ea they become due end shag strictly perform all of Grantor's obligations under tfds Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor egress that Grantors possession end use o1 the Property shell be governed by the following provisions: Possession end Use. Unid the occurrence of en Event of Deleult. Grantor may (1) remain In posastraion and control of the Property: (21 use, operate or menage the Property; end (3) collect the Rents from the Property. Duty to MefMain. Grantor ehee melnteM 117o Property in good condition end promptly perform as repairs. Iaplacements, and maintenance necessary to preserve its value. Connprance With Environmental Laws. Grantor represents and warrants to Lender that (11 During the period of Grantors ownership of the Property, there has been no use, generation, manufacture, storage, treetmem, disposal, release or threatened release of any Hezardoua Substance by any person on. under. about or from the Property; 121 Grantor has no knowledge of, or reason to believe that thane has bean. except as previou&M disclosed to end acknowledged by Lender In writing, (a) any breach or violation of any Environmentet Laws. Ib) any use, generation, tarwtecnre, storage, vestment. disposal, release or threatened release of any Haserdoua Substance on, under. about or from the Property by any prior owned m oecupante of the Property. Or Ic) eny actual or threatened adeation or aeras of any kid by env person relating re such mettere: and (3) Except os previously disclosed to end acknowledged by Lander In writing. (e) neither Grantor nor any tenant, contractor, agent or other euthwixed user 01 the Probate/ sheds use, generate, manufacture, store, trent, dispose o1 or miens any Hazardous Substance on. under, ebout or from the Property; end Ib) any such activity shall be conducted In compliance with all applicable federal. eters, end local laws, regulotiora and ordinances, lnduding whhout limitation all Environments' Laws. Gramm authoritea Lender and Its agents to eater upon the Property to make such Inapecdats and testa, at Wanton expense. es Lander may deem appropriate to determine ozmpilance of the Property with this section of the Mortgage. Any inspections or teats made by Lender Obeli be for Lender's purposes only end seen not be construed to crests any responsibility or Mobility on the port of (.ender to Grantor or to any other person. The representations and werrentNo contained herein are based on Grantees due diligence In investigating the Property for Hazardous Substances. Grantor hereby (1) releases and salves any future dolma BK 19731'04277 MORTGAGE (Continued) Page 2 against Lender for indemnity or contibudon in the event Grantor becomes fable for cleanup of offer coats under any such laws; end 121 agrees to indemnify. defend. end hold harmless Lender against arty end all Maims. 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. dispose(, release or threatened release occurring peke to Grantors ownership or Interest in the Property. whether or riot the same was or should have been known to Grantor. The previsions of this section of the Mortgage. Including the obligation to kdenWfy and defend, shell survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage end shall not be affected by Lenders acquisition of any interest In the.Property, whether by foreclosure or otherwise. Nuance,hWaste. Grantor shell not cause. conduct or permit sew nuisance nor commit. permit. or suffer any stripping 01 or waste on or to the Property or any portion of the Property. Without Smitingthe generality of the foregoing, Grantor win not remove, or gram to any other party the right to remove. eny timber. minerala lineuding oil and gas), coal. clay, scoria, cog, grevel or rock products without tenderer prior written consent. Removal of dngovemems. Grantor shell not demolish or remove any Improvements from the Real Property. without Lender's prior written consent. As a condlfon to the removal of any Improvements, Lender may require Grantor to make arrangements aadstactory to Lender to replace such Improvements with Improvements of at least multi virtue. Lender's Right to Enter. Lander end Lender', agents and representatives may enter upon the Real Property at at reasonable dmee to attend to Lender's interests end to Inspect the Real Property for purposes of Grantor's compliance with the tams end condtoro of this M engage. Compliance with Governmental Requirements. Grantor shell promptly comply with all laws, ordinances, end regulations, now or hereafter In effect, of ell governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good teeth any such law, ordinance, or regutatton end withhold condones dieing any proceeding, Including appropriate appeals, so long es Grantor has notified Lender In writing prior to doing so end so long as, In tender's sole opinion, Lenders Interests in the Property ere not Jeopardized. Lender may require Grantor to pate adequate sec rty ot a surety bond, reasonably satisfactory to Lender. to protect Landen'e Interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended Ma'Propeny. Gretna shell do ell other acts, in addition to chrome acts set forth above In this section. which from the character and use of the Property ere reasonably necessary to protect and pramerve the Property. DUE ON SALE - CONSENT Sy LEND61. Lander may, et lender's option. duelers Immediately duo and payable all sums secured by this Mortgage upon the sale or transfer. without Lenders prior written consent. of all or any pan of ire Real Property. or any Interest in the Real Property. /Crude or transfer means the conveyance of Real Property or any right, title or Interest M the Reel Property; whether isgel, benelttiel or equeteble; whether voluntary or Involuntary; whether by outright sale. deed, installment sale contract, land connect. contract for deed. leeeahold Interest with a term greater than three (3) years, Leese -option aunt a..t. er by cele, aselgnment, or transfer of any beneficial Interest In or to tory land trust holding tfte to the Real Property. or by eery other method of conveyance of an interest In the Real Property. However, tide %peon shell not be exerdeed by Lender It such exorcise ie prohhb'rted by federel law er by Perri syMnla law. TAXES AND LIENS. The foilowing prov)eiars ve4eting:to-thedexes-end-Ibnrori t e-Propeny-ere-pert-o122125 Mortgage: Payment. Grantor shag pay when due lend in all averts prior to delinquency) all taxes. payroll texas, special taxes, assessments, water charges end sewer eenece chargee levied ageki t or on account of the Property, end shall pay when due ell claims tor work dors on or for minim rendered or material furnished to the Property. Grantor shell m&ntstrn the Property free of eery liens having prlottty over Of equel to the interest of Lender under this Mortgage. except for these liens.epedfleefly agreed to in writing by lender, and except ler the fieri of texas end assessments not due as further specified in the RigM to Contest paragraph. Right to Centree Grantor may withhold payment of any tex. assessment, or claim In connection with a good faith dispute over the obligation to pay, so long a9 Lender's interest in the Properly is not jeoperdized. 11 s ten arises or Is (dad as • result of nonpayment. Grantor shag withln fifteen (15) days after the sen arises or, If a pen Is filed, within fifteen 115) days after Grantor hes notice of the f ing. sesure the discharge of the flan. or If requested by Lender. deposit with Lender cash or re suffolent corporate surety bond or other security satisfactory to Lender in en " amount sufficient to discharge the lien plus any costa and attorneys' fees. or other charges that could accrue se e result of $ foreclosure or sale under the fen. In any contest. Grantor shalt defend itself end Lender and shall eatety any advents Judgment before enforcement egeinet the Property. Grantor shell name Lander as en additional obligee under wry surety bond furnished M the corneal proceedings. Evidence of Peyton Grantor shell upon demand lwr eft to Lender satslectory evidence of payment of the taxes or esseaamenta end shell authorize tie appropdete governmental official to deriver to Lender at any time a written statement of the taxes and assessments against the Property. Nodes of Construction. Grantor shat notify Lender et least fifteen (15) days before any work is commenced. any services ere furnished, or any materials ere supplied to the Property, If any mechanlc'a lien, metedahnen's lien. or other lien could be sleeted on account of the work. services. or materiels. Gta..t.. we upon request of Lender furnish to Lender advance assurances eedefectory to Lender that Grantor can .md wig pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. Tee following provisions relating to Insuring the Property are a pert of this Mortgage: Mebrtonance of insurance. Grantor ahelt procure end maintain smears 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.colnaurence clause, and with a standard mortgagee Neese In fever of Lender. Poikies shall be written by each Insurance companies and In such form ea may be reasonably acceptable to Lender. Grantor shall deliver to Lender cenlfeates of coverage from each insurer containing a etlpulation Hot cowrega oral not be ouncellad or dannashed wnho.rt a .nln)mum of ion 1101 clans' prior written notice to lender and not comahing any declaimer of the Insurer's liability for failure to 9171 such ..ailee. Each insurance policy also shag Include an erdorsemernt providing that coverage in favor of Lender win not be Impaired in any way by arty act omission or default of Grantor or cry other person. Should the Real Property be located In an eree designated by the Director of the Federal Emergency Management Agency ea a special flood hazard arae, Grantor agrees to obtain and meinteln Federal Flood Insurance. if available, within 45 days after notice Is given Ire Lender that the Property is located in a epedal flood hawed tree, for the hell unpaid principal balance of the Wen end any Prior liens on the property mowing the ban. up to the maximum policy emits set under the National Flood insurance Progtem. or sa otherwise required by Lender, and to matnteln such insurance for the term of the ban. 8K { 973PG4278 MORTGAGE (Continued) Pepe 3 AppftM(on Of Pretends. Grantor shag promptly notify Lender of any loss or damage to the Property. Lender may make proof of lose If Grantor fele to Ho eo within fifteen 116) days Of the casualty. Whether or not Lender's security Is impaired, Lender may, at Lender's electron. receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any gen effecting the Property, or the restoration and repair of the Property, fl Lender erects to apply the proceeds to restoration and repair, Grantor alai repair or replace the damaged or destroyed ►mprovements In it manner satisfactory to Lender. Lender shag. upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable coat 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 shag be used first to pay eny amount owing to Lender under this Mortgage, then to pay accrued Interest, end the remainder, if any, shag be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment M full of the Indebtedness, such proceeds shall be pefd to Grantor es Grantor's Interests may appear. LENDER'S EXPENDITURES. It Grantor lege (A1 to keep the Property free of ail taxes, liens. security interests. encumbrances. and other claims. W1 to provide any required insurance on the Property, or IC) to make repairs to the Property then Lender may do so. If any action or proceeding b commenced that would materially effect Lenders Interests In the Property. then Lender on Grentor's behatl may, tan Is not tequ'aed to. tate any action stat Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will teen bear Interest at the rate charged under the Note from the date Incurred or paid by Lander TO the date of repayment by Granter. AU such expense, will become a pert of the Indebtedness and, at tender's option, will (A) be payable on dement; (8) be added to the balance of the Note and be eppotUoned among end be payable with any brotelhnent payments to become due during either (11 the term of any applicable'neuronce polity; or 121 the remaining tens of the Note; or (CI be treated ss a balloon centrum whish will be due and Inneble at the Note's metutlty. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be M addition to any other rights or arty remedies to which Lender may be entitled on *teethe of any default. Any such action by Dander alae! not be construed as curing the default so as to bar Lender from any remedy that It otherwise would have had. Grantors obligation to Lender for aU such expenses shell survived* entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions raining to ownership of the Property we a pert of this Mortgage: Title. Grantor warrants that: lel Grantor holds good end marketable tide 01 record to the Property M bee elmple. free and clear of ell Penta end encumbrances otter then those set forth In the Reel Property description or In any dde Insurance policy, tide report. or final Ode opinion issued In favor ot. and accepted by, Lender In eoroection with this Mongege, end lb) Grantor hes the full right, power. and authority to execute and deliver this Mortgage to Lender. Defense of Thal. Subject to the exception len the peregreph above. Grantor warrants end wtti forever defend the • tide to the Property against the lawful claims of ell persons. In the event any action or proceeding b commenced that questions Grantors tide or the Interest of Lender wider this Mortgage. Grantor shag defend the action at Granters expese. Grantor may be the remittal party In ouch proceeding, but Lender shall be entitled to participate in the proceeding and to be represented len the proceeding by cot esei of Lender's own choice. end Grantor wig deliver, or cause to be delivered, to Lender sour instruments tie Lender may request from time to time to permit such participation. Complance With Levee. Grantor warrants that the Property and Grantor's use of the Property complies with ell existing eppecable levee. ordinances, and regulations of govemmemal authorities. • Survival of Promteee. AN promises, agreements, and statements Grantor has made In this Mortgage shall survive the execudon and delivery of this Mortgage, shell be continuing hit nature and shell remain M fug form and effect until such time as Grantor's Indebtedness los paid In fug. CONDEMNATION. The following provisions relating to condemnation proceedings are a pert of this Mortgage: ProcsedIngs. R any proceeding in condemnation is Hid, Grantor shall prompty notify Lender In writing. end Grantor chell promptly take such steps es may be necessary to defend the action end obtain the sword. Grantor may be the nominal party in such proceeding: but Lender shell be entitled to participate In the proceeding and so be represented In the proceeding by counsel of Its own choice, end Grantor will deliver or Cause to be delivered to Lender such instruments end documentation as may be requested by Lender from time to time to permit step participation. Apprrcatlon of Net Proceeds. 11 eller any pan of (ha Property b condemned by eminent demob proceedings or by anry proceeding or purchase In Hsu of condemnettort, Leudet may at Its election requite Chet ail or any porton of the net proceeds of the ewerd be tippled to the Indebtedness or the repair or reetoretion of the Property. The net proceeds of the award shall mean the award after payment of en actual costs, expenses. and attorneys' fees Intoned by Lender In connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES SY GOVERNMENTAL AUTHORITIES. The following provisions refs -dreg to governrnentel taxes. fees end charges are a pan of this Mortgage: Cured Taxes, Fars and Merges. Upon request by Lender. Grantor shag execute such documents In addldon to this Mortgage and take whatever other action Is requested by lender to peiect end continue lender's Hen on the Reel Property. Grantor shall reimburse Lender for all taxes, as described below, together with ell expenses incurred In recording, perfecting or continuing this Mortgage, Including without Hmitadon aH taxes, fees. doomertery stamps, end other charges for recording or registering this *engage. Taxes. The following ghee carotene tuxes to which this section applies: (1) a apedfic tax upon this type of Mortgage or upon aH er any Pen of the Indebtedness secured by this Mortgage; (21 a specific tax on Grantor which Grantor Is outhorbed or tettered to deduct hoot payments on the Indebtedness secured by this type of Mortgage: 131 a tax on this type of Mortgage chargeable against the Lender or the holder of the Note: and (41 a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest meds by Granter. Btbeetpent Taxes. If any tax to which tide section applies Is enacted subsequent to the date of this 'mitoses. this event Ghee have the come effect es on Event of Default, end Lender mer exercise eny or ell of its available remedies for en Event of Default ea provided below unless Grantor either (1i pays the tax before It becomes delinquent or (21 contests the tax es provided above M the Taxes and Lies section end depoett3 with Lender cash or sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provlalons relating to (Ms Mortgage as a security agreement are • part of this Mortgage: Security Agreement. This Instrument shell constitute a Security Agreemom to the extent any of the Property constitutes fixtures. and Lander shell have allot the rights of a secured party under the Uniform Comntercial.Code as amended from dote to time. BK 1973PG4279 MORTGAGE (Continued) Page 4 Security interest. Upon request by Lender. Grantor shell take whatever =don is roqueated by Lender to perfect and continue Lender's security Interest in the Personal Property. to addition to recording this Mortgage In the real property records. Lender may, et any time and without further authorization from Grantor. hie executed counterparts, copies or reproductlonc of this Mortgage as a financing statement. Grantor shall reimburse Lender for ell expenses metered In perfeetfrg or cordite/Mg this security Interest. Upon default, Grantor shaft not remove, sever or detach the Personal Property from the Property. Upon default. Cromer shag assemble any Personal Property not affixed to the Property in a manner and at a dace reeaonabfy convenient to Grantor and Lender end make It available to Lender within three 131 days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The meters* oddities** of Grantor (debtor, end Lender (secured partyl from which Information concerning the security Interest granted by this Mortgage. miry be obtained (each as required by the Uniform Commercial Code) are as stated on dm first page of this Mortgage. FORMER ASSURANCES: ADDmONAL AUTHORIZATIONS. The following provisions reining to further assurances and additional authorizations are a pert of this Mortgage: Further Asswarlces. At any time, end from time to time, upon request of Lender. Grantor will make, execute and • delver, or wilt cause to be meds, 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 ease may be. as such times end In such offices and places as Lender may deem appropriate, any and ell such mortgagee, deeds of trust. security deeds, security agreements. financing statements, continuation etatemente, instruments of further assurance, certificates. and other documents as may, in the sole opinion of Wider, be neeoesary or desirable in order to effechiste, complete. perfect, cordnue, or greserve Iii Grenmr'e obegetterhs under the Note, this Mortgage. tied the Related Documents. end 12) the Ilene end security interests created by this Mortgage as first and prim Icer, on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law ar Lender agrees to the contrary M writing, Grantor shall reimburse Lender for all coats end expenses Incurred In connection with the matters referred to in this paragraph. Additional Authorizations. InGremm fella to do any of the things referred to in the preceding paragraph, Lender may do eo for end M the name of Grantor std et Grantor's expense. for ouch purpoeaa, Grantor hereby Irrevocably authorizes Lander to make. execute, deliver. fila, record end do ail other things es may be necessary or . desirable, In Lender's soh opinion. to accampsah the matters referred to in the preceding persgreph. It Is understood that nothing est forth herein shall require Lender to take any such setons. Rill PERFORMANCE. 11 Grantor page all the Indebtedness when due. and otherwise performs as the obfgel)one Imposed upon Grantor under this Mortgage, Lander shag execute end deliver to Grantor e suitable set sfacdon of this Mortgage end suitable Statements of termined n of any financing statement on fib evidencing Lender's security Interest le the Rente and the Personal Property. Grantor will pay, if permitted by appfcable taw, eny reasonable termination fee air determined by Lender from time to ere. EVENTS OF DEFAULT. At Lender's option. Grantor wyii be in defautt tender ids Mortgage IF any of the following heppen: Payment Default. Grantor fella to make any payment when due under the Indebtedness. Defedt on Other Payments Failure of Granter within the time required by this Mortgage to flake any payment for teres of Imuranee, or racy other payment necessary to prevent filing of or to effect discharge of any gen. Break Other Prondses. Grantor breaks any promise made to Lender or faits to perform promptly el the time and strictly to the manner provided In this Mortgage or in any agreement meted to this Mortgage. False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf minder this Mortgage or dee Related Doc -tenants le false or misleading In any metered respect. either now or et the time made or furnished. Detective Cagabtetiaden. This Mortgage or any of the Related Documents ceases to be In full force end effect (including failure of any collateral document to create a valid end perfected security Interest or pen) et any time and for any reason. Death or Ineolveney. The death of Grantor, the insolvency of Grantor. the appointment of a receiver tor.eny pat of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency lows by or against Grantor. Taking of the Property. Any creditor or governmental agency thaw to take any of the Property or any other of Grantor's property in which Lender hes a pen. This includes taking of. gamlardng of or levying on Grantor's accounts with Lender. However, If Grantor disputes in good feint whether the claim on which the taking of the Property is based Is valid or reasonable. and if Grantor give, Lender written notice of the claim end furnishes Lender with monies or a treaty bond satisfactory to Lender to satisfy the claim, then this default provision will not apply 'Breach of Odea AgrewwenL Any breach by Grantor under the terms of any other agreement between Grantor and Lender that Is not remedied within any grace period provided therein. Including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender. whether etdstlng now or later, Events Affecting Girwentor. Any of the preceding events occurs with respect to any guarantor, endorsor, surety, or accommodation party of any of the tndebtednesa or any guarantor. endorser. surety. or ecoommodetton party dies or becomes Incompetent. m revokes or disputes the validity of, or Ilablflty under, any Guaranty of the indebtedness. M the event of a death. lender. ei its option, may. but shall not be required to, permit the gUaranterea estate to assume unconditionally the obagtrlons arising under tiro guaranty Ina manner setiefectory to Lender, end, in doing ao. etre any Event of Deteult. bhseautrfty. Lender M good Leith believes Mali insecure. Right to Cure. If any defeat other than • delimit in twymant b aural* and If Grantor hes not teen given a notice of a breech of the 081118 provision of this Mortgage within the preceding rv.etre *121 h.e..J.e. 1%. may ire curet) 11 Grantor, after receiving written nodee from Lender demanding cure of such defeuh: 11) moves the Weide within fifteen (15) days: or (2) if the cum requires more than fifteen 1.1 51 days, Immediately bewares reaps which Lender deems in Londer'a sola discretion to be sufficient to cure the defauh and thereafter continues and completes ell reasonable end necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the oeccurrence o1 en Event of Default end at any time thereafter. Lender, et lender's option, may excrete* any ung or more 01 the following rights and remedies. in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shell have the right .d Its option, after giving such notices as required by Di{1 7/3PITL28O MORTGAGE (Continued) Page 5 opPnceble law. to deciere the entire indebtedness immediately due and payable. UCC Remedies. With respect to all or any pan of the Personal Property, Lender Well have all the rights end remedies of a secured party under the Uniform Commercial Code. Cogent Renta. Lender ehett have the right, Without notice to Grantor, to take poseesasion of the Property end collect the Rents. Including amounts past due and unpaid. and apply the net proceeds, over and above Lender's Coate. against the Indebtedness. In furdrerana of this ,it ht. Lender may require any tenant or other user of the Property to make momenta of rem or use fees dkectly to Lander. If the Rents ere collected by Lender. den Grantor Irrevocably authorizes larder to endorse instruments received in payment thereof in the name of Grantor end to negotiate the same and collect the proceeds. Payments by tenants or other usars to lander in resporrae to Lender's demand shall satisfy the obligations for which the payments ere made, whether or not any proper grounds for the demand existed. Lender may exercise its rigma under this subparagraph either in person, by agent. or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver et/pointed to take poseeealon of en 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 end above the 0031 of the receivership, against the Indebtedness. The receiver may serve without tend if permitted by Inv. Lender's right to the appointment of a receiver shag exist whether or not the apparent value at the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shag not disqualify a person from seMrg ea a receiver. Judkid Foreclosure. Lender may obtain a judicial decree forecloeing Grantor's Interest in an or any pert of the Property. Nonludich l Sate. If permitted by applicable law. Lander may foreclose Grantor's Interest in all or in any part at the Personal Property or the Real Property by non -judicial sale. Deficiency Judgment. Lender -may obtain a judgment for any deficiency remaining M the htdebtednese due to Lender after applatlon of an emounts received from the exercise of the rights provided In this section. Tenartey et Sufference. If Grantor remains in possession of the Property after the Property la sold es provided above or Lender otherwise become entlded to poeaeaston of the Properly upon default of Grantor, Grantor shall become a talent et euference of Lender or cite purchaser of the Property end Chan, at Lender's option, either (11 03Y a reasonable rental for the use of the Property, or 121 vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shell have all other rights and remedies provided In this Mortgage or the Note or available at law or In equity. Sate of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have is Property marshalled. In exercising Its rights and remedies, Lender when be free to eel en or any part of the Property together or separately, In one sale or by separate sales, Lender shell be entitled to bud at any public Bele on an or arty portion of the Property. Notice of Sale. Lender will give Granter reasonable notice of the time end place of any public sale of the Personal Property or of the.time.atter which arty.pdvate_sate or other Intended disposition of the Personal Property-Is-tette. • Utdeea otherwise required applicable few, reasoneble notice shall mean notice given et least ten (10) days before the time of the eels or disposition. Any sate of the Personal Property may be made In conjunction with any sale of the Reel Property. Election of Remedies. An of Lander's rights and remedies win be cumulative and may be exercised atone or together. An election by Lender to choo9e any one remedy will not bar lender from using env other remedy. 1f Lender decides to spend money or 10 perform any of Grantor, obflgedens under this Mortgage, after Grantor's failure to do so. that decision by Lender win not affect Lender'e right to declare Grantor In default and to exercbe Lander's remedies. Attorneys' Fees; Expenses. If Lender Institutes any suitor action to enforce any of the terms of tide Mortgage, Lender shall be entitled to recover such sum es the court may adjudge renewable as attorneys' fees at 0111 and upon any appeal. Whether or not any court aetton is Involved, end to the extent not prohibited by law, alt reasonable expenses lender incus tot In Lender's opinion ere necessary at any time for the protection of its 'mewl or the enforcement of its rights shall becorne a part of the tndebtadnese payable on demand and shall bear interest at the Note rate from the date of the expenditure ural repaid. Expenses covered by this paragraph include, without Ibnitation, however subject to any limits under applicable law. lender's attorneys' lees and Landers lege) expenses. whether or not there Is a lawsuit. Including ettomeys' fees end expenses for bankruptcy proceedings including efforts to modify or vette any automatic stay or Injunction), appeals, and any entldpated post -judgment collection eschew, the est of searching records, obtaining tttie reports (Including forecloawe reports), euveyers' reports. and appreisal fees and tide tnsuranae, to the extent permitted by applicable law. Grantor elan whll pay any court costs, in addition to all other sums provided by naw. NOTICES. thdeea otherwise prodded by applicable law, any notice required to be given under this Mortgage shall be given in writing, end shag be al (active when actually delivered. when Mosby received by telafe:simile luntess otherwise required by Mon. when deposits: with o netlonany recog•d ed pvemlght courier, or, If melted. when deposited in the United States man. es first cissa, aerated or regletered mal postage prepeld, directed to the addresses shown near the beginning of this Mortgage. An copies of notices of foreclosure from the holder of any lien which has celerity over this Mortgage shell ba sem to Lender's address, u shown near the beginning of olds Mortgage. AM person may change his or her address for notices under tda Mortgage by giving forme! written notice to the other person or persons, specifying that the purpose of the notice U to Mange the person's address. For nota purposes, Grantor agrees to keep lender Informed at el tines oY Grantor's current address. Unless otherwise prodded by appnceble law. if there 13 more than one Grantor. any notice given by Lender to any Grantor Is deemed to be notice given to al Grantors. It will be Grantor's responsibility to ten the others of the notice from Lender. ADJUSTABLE RATE RIDER. An exhibit, Intel 'ADJUSTABLE RATE RIDER,' h attached to des Mortgage and be this mlerence is made a part of this Mortgage lust ee 11 en the provisions, terms and condlons of the Exhibit mid been Icily set forth In this Mortgage. MISCELLANEOUS PROVISIONS. The lotlowlrg miscellaneous provisions are a pen of this Mortgege: Amendments. What Is written M this Mortgage and in the Related Documents is Grantor's entire egreement with • Lender concerning the matters covered by this Mortgage. To be effective. err/ creme ler amendment to this Mortgage Must be In writing and must be aigned by whoever will be bound or obligated by the chege or amendment. Cepdon Needkgs. Coption headings la We Mangege are for comrenlence purpases only end ere riot to be used t0 8K 1973PG428 MORTGAGE (Continued) Page 6 Interpret or define the erovlalon° of the Mortgage. Governing Law. The Mortgage will be governed by federal law applicable to Lader and. to the extent not preempted by federal law, the laws of the Cotanorhvreafth of Pen a dverde without regard to lie conflicts of law provisions. This Mortgage hes been accepted by Lender in the Commonwealth of Pemayhwda. No Waiver by Lender. Grantor understands Lender win not give up any of Lender's rights under this Mortgage untie Lender does so In writing. The fact that Lender delays or omite to exercise any right will not mean that Lender has given up that right. If Lender does agree In witting to gale up one of Lender's rights, that does not mean Grantor whtl not have to comply with the other provisions of this Mortgage. Grantor also understands *hold • Lender does cansem to a request, that does not mean that Grantor will not here to get Landers consent again If the ideation happens again. Granter further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender win be required to consent to any of Grantor's future requests. Grantor waive" presentment. demand for ueyment. protest. end notice of dtehonor. Swar'uWLky. If a court fads that erre provision of ills Mortgage is not Weld or should not be enfuncvd, that fact by itself will not mean that tiro rest of the Mortgege will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be Invalid or unanforceeble. ' Merger. There shell be no merger of the Incest or estate created by this Mortgage with eny other Interest or estate in the Property et all time held by or for the benefit of Lender M any capaclry, without the written consent of Lender. Successor Interests. The tame of this Mortgage shall be binding upon Grantor, end upon Grantor's helm. personal. representatives, successors, and assigns, end 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 followlrg words shag have the following meanings when used in thia Mortgage: Borrower. The word 'Borrower' means Stephanie 0 Beer and includes 01 co-signers and co -makers signing the Note and all their eucceeoom and assign. Environmental Laws. The words "Environmental Laws' mean any and all state. federal end local etahrtee. regulations and ordinances relating to the protection of human health or the environment. including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, es emended. 42 U.S.C. Section 9601, et seq. 1"CERCLA'I, the Superfund Amendments end Reauthorization Act of 1998, Pub. L No. 99-499 rSARA'1. the Hazardous Materiels Transportation Act, 49 U.S.C. Section 1801. et seq., the Resource Conservation and Recovery Act. 4I U.S.C. Section 9901, et seq., or other applicable etete or federal laws, rules, or regulations adopted pursuant thereto. Exam of Default. The words "Event of Default' mean any of the events of default set forth In this Mortgage M the everts of default section of this Mortgage. Grantor. The word 'Grantor' means Stephania 0 Beer. Guaranty. The word 'Guaranty' means the guaranty from guarantor, endorser. surety, or emommadetion party to Lander. including without limitation a guaranty of en or pert of the Note. Hazedous Substances. The words 'Hazardous Substances" mean materials that, became of thelr quantity. concentration or physics°, chemical or Inteetous oherectetetdce, may Cause or Powe Present ea Potential hazard to human health or the envbwroront when Improperly used, heated, stored, disposed of. generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances' ere used In their very brosdehlt sense end include without limitation any and ell hazardi na or toxic substances, materials or waste as defined by or Voted -under the Environmental Laws. The term "Hazardous Substances" also inchudee, without imitation. petroleum and petroleum by-products or any fraction thereof and asbestos improvements. The word Improvements' meter ail existing all hulwo Improvements, buadimps, eht Clurea. mobile homes eNbced on the Real Property, fealties, additions. replacements and other construction on the Reel Property. htdebtednese. The word indebtedness' means e11 principal, Interest. and other smotate, corns end- expenses peysble under the Note m Related Documents, together with all renewer ot. exunelons of. modifications of, consotldatone of and substitutions for the Note w Related Comments and any amwmte amended or advanced by Lender 10 disdurge Grantor's obtigetbns or expertsea incurred try Leander to enforce Grantor's obligations under this Mortgage. tcgEt her with ktsrsrt tm tut h =oume ss provided in this Mortgage. Lender. The word 'Lender' means Orretown Banc, tie successors and assigns. The words `euweosora 07 assign" mean any person or company that acquires any Interest In the Note. Monegage. The word "Mortgage' nears this Mangled between Grantor end Lender. Note. The word 'Note' means the promissory rote dated November 20. 2005, in the original principal amount of $134,800.00 from Grantor to Lender, together with all renewed; of, extension of, modllketone of. refinancings of, consolidations of, end substitutions for the promissory rote or agreement. The maturity date of the Note is November 20, 2038. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Prorate'. The words 'Pereonei Property' mean 80 equipment, fietures, and other ert1des of personal property row Of hereafter owred by Grantor, end now or hereafter attached or affixed to the Real Property; together with ell eccesefons. parts. end eddltfona to, all replecemems of. end ell substitutions for, any of such property; and together with all proceeds (including without limitation ell insurance proceeds and refunds of premiums' from any wale or other disposition of the Property. Property. The word "Property' means coltecthety the Real Property and the Persoiml Property. Rad Property. The words "Real Property' mean the real property, Interests end rights. es further described M this Mortgage. Related• Ooannwro. The words 'Related Documents' mean eft promissory notes. *refit agreements, ben agreements, ernhonmental sgreamems, guerentes, eeeurity agreements, mortgages, deeds of trust. security deeds, collateral mortgages. and ell other instrumento, egromnente and documents, whether now or hereafter existing, executed in connection with the indebtedness. Rents. The word 'Repro' means as present and tenure rams. revenues. Income. Issues. royalties, profits, end other benefits derived from the Property. BK 1973PG4282 MORTGAGE (Continued) Page 7 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE. AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: W itness CERTIFICATE OF RESIDENCE 1 hereby certify. diet IN, precise address of the mortgagee, Onstown flank. herein Is es follows: King Street Office, 77 East King Street. P 0 BOX 250. Shippeosburg. PA 1 57'. INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVAMA / SS COUNTTOre 111.1ATZEA trse".0 1 • 04p44.te,he 'der of K)ci.)e-a-kr- ,2006 . wore mo --terd:39V5771re undersigned Notary Pub5c, pereonelly appeared stephanfe D Beer. known to mIca eatiefe Proven/ to be the person whose name Is subscribed to the within instrunamt. trod ackneededged e that ha or she sxe0tad the awns for the purposes therein ccntsfr In witness whereof. I hereunto set my hand mrd afTrsh0 NMI COMMONWEALTH Of rimsytvaloA Notrualiseal Notary Public in and for the State of 1.1.4pestormook •WS traft14.164.4..449341 I Certify this to be recorded In Cumberland County PA BK 19731'64283 Recorder of Deeds ADJUSTABLE RATE RIDER This ADJUSTABLE RATE RIDER is attached to end by thle. refetenee Is made s pert of the Mortgage. dated November 20. 2008, and executed in connection with a loan or other financial eccommodetlons between ORRSTOWN BANK end Stephanie D Baer. TMs adjustable rate rider will secure Borrower's Adjustable Rate Note (the "Note') to ORRSTOWN BANK (the 'Lender -I of the same date and covering the property described in this Security Instrument and located at: THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWERS INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. • ADD1T)ONAL COVENANTS. In eddhto i to the Covenants end agreements made M the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Nota provides for an initial rete of 6.99%. The Note provides for changes In the interest rate end the monthly payments. a9 follows: (A) Change Dates The interest rate I vat pay may change on the 20th day of November 2011, and on that day every twelve ttwnth(s) thereafter. Each date on which my Interest rate could change Is called a 'Change Date.` (BI The Index Beginning with the first Change Date, my Interest rate will be based on en index. The index' b the weekly average yield on United States Treasury securities militated toe constant maturity of 1 year(s), as made aveilebla by the Federal Reserve Board. The most recent index figure evaiiabie as of the date 45 days beton each Change Data Is caged the "Current Index." H the index Is no. Longer mailable, the Lender will choose a new index which Is based upon comparable information. The Lender wal give me notice of this choice. IC) Calculation of Changes Before each Change Date, the Lender wit calculate my new Interest rate by eddmg' 2:75 percentage points to the Current index. The Lender will then rood the reauh of this maculation to the nearest oneelghth of one percentage point (0.125%). Subject to the Min stated in Section ID) blow, this rounded mourn of the monthly payment that would be Sufficient to repay the unpaid principal that 1 am expected to oweet the Change Dan in fug on the mattolty date et my new Interest rate in substantially equal payments. The Hardt of this calculation will be the new amount of my monthly payment. (D) halts an Interest Ran Changes The Interest rate that I em required to pay at the first Change Dile will not be greater than two percentage points (2.000%) over the original knereet rete. Thereafter, my interest rate will never be increased a decreased on any single Change Dan by more than two percentage porins 12.000%) from the ,at of Interest 1 have bean paying the preceding twelve msnthia). My Merest tate will never be greater than six psreentage points (8.000%) over the ortglnd interest ran. (E) Effective Dan of Changes My new Merest rate will become effective an each Change Dale. 1 w18 pay the amount of my new monthly payment beginning an the first montdy payment date after the Change Date until the amount of my mornMy payment changes again. IF).Notloe-al-Chages The Lender will deliver or mag me a notke of any. changes In my interest .rete and the amount of my monthly payment before the effective date of any change. The native will Include bnformadon required by taw to be given to me and also the tide and telephone number of a person who will enawsr any question 1 may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Saintly instrument is emended to read as follows: Transfer of the property a a Benefield Interest M Borrows,. Naga any part of the Property or any interest hi it is sold or transferred (a H • beneficial kttereet in Borrower Is sold or transferred and Borrower is net e natural person) without lender's pdor written consent. Lender may. at its option. require knmediets payment in full of ell sums secured by this Security instrument. However. this option shall not be sxerctssd by Lander If exercise Is prohibited by federal law es of the date of tis Security Insbum ont. Lander also shell not exercke this option ih le) Borrower causes to be •submitted to Lander information required by .Lender to evaluate the mended transferee es if a new loan ware bebtg made to the tree fens: end (b) Lender teaomabiy deterrrirnee that Lander's security win not be impaired by the loan assumption and that the rbk of a breach of an covenant or agreement in this Security Instrument is acceptable to Lender. To the extant tamed by applicable law. Lender may charge a resenabb fee es a condition to Lender's Conant of the loan eeaumpdon. Lander may ebo require the transferee to sign en assumption agreement that le acceptable to Lender and that obligates the transferee to keep all the promisee and agreements meds In the Note and In this Security instrument. Bomawer will continue to be obligated ender the Note end this Security tnsrumsnt unless Lender releases Borrower In writing: If Lender exercises the option to require immediate. payment In full. Lender shag give Borrower notice of acceleration. The notice shall provide a period of not less than 90 days from the date the notice is delivered or mailed within which Borrower must pay MMI sums sawed by this Ssmrhy inatn event. N Borrower fags to pay these sums paw. to the expiretion•of this period. Lander may invoke any remedies permitted by this SecwIty instrument without further Works a demand an Borrower. Comm enweahh of Pennsylvania County of Cumberland } INDIVIDUAL ACKNOWLEDGMENT 8S } 1:1tin NC .._day 01 N}jOY1th. n� U. I) , TL-jpAJ.{ the undersigned Notary Public. P`e"rtr erily appeared known to me (a satisfactorily proven) 10 be the person whose le subscribed to the within instnrment, and ecknawtedged that he a she executed the same for the purposes therein contained. In witness whereof, 1 hereunto cat my hand and official seal. a BK 1973PG•42 COMMONWBALTth OP PENNSYLVANIA ADJUSTABLE RATE RIDER (Continued) Page 2 THIS ADJUSTABLE RATE RIDER 16 EXECUTED ON NOVEMBER 20. 2008. GRANTOR: Wilt NO m B1(1973PG428& .wmnmarc .take Iwo SCHEDULE A ALL the following described real estate with the improvements thereon erected, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, mote particularly described as follows: ON the South by East Garfield Street; on the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly of Lester Finlcey; containing 56 feet, more or less, in front along East Garfield Street and extending in depth 173 feet, more or less, to the public alley in the rear, on which alley it front; 54 feet, more or less; the same comprising Lot 12 and the western 12 feet of Lot 11 on the plan of building lots prepared by U.G. Harglerode. EXHIBIT F Record and Return to: ORRSTOWN BANK 2695 PHILADELPHIA AVENUE CHAMBERSBURG, PA 17201 • PARCEL TAX ID#: 32.34-2413-079 PMI CASE#: DEFINITIONS [Space Above This Line For Recording Data] MORTGAGE Rug Loan No. 000004399 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) 2011 (B) "Security Instrument" means this document, which is dated May , together with all Riders to this document. "Borrower" is SCOTT K RHINEHART Borrower is the mortgagor under this Security Instrument. (C) "Lender" is ORRSTOWN BANK Lender is a BANK laws of THE COMMONWEALTH OF PENNSYLVANIA 2695 PHILADELPHIA AVENUE, CHAMBERSBURG, PA 17201 Lender is the mortgagee under this Security Instrument. PENNSYLVANIA .. Single Family - Fannie flat/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 03039-01 (0012) (Page 1 of 17) 27th organized and existing under the . Lender's address is Initials: (D) "Note" means the promissory note signed by Borrower and dated May 27th 2011 . The Note stales that Borrower owes Lender ONE HUNDRED NINETEEN THOUSAND THREE HUNDRED SEVENTY EIGHT AND NO/100 Dollars (U.S. $ 119,378.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1st, 2041 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: (-j Adjustable Rate Rider n Condominium Rider 1 1 Second Home Rider Ej Balloon Rider n Biweekly Payment Rider n 1-4 Family Rider (-j Other(s) [specify) n Planned Unit Development Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" meats those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other laking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. PENNSYLVANIA Single Faintly • Fannie G3039-02 (0012) c/Fred c ,lar UNIFORM INSTRUMENT Form 3039 1/01 (Page 2 of 1 ?) Initials: ske (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (29 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject natter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "Federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY of [Type of Recording Jurisdiction] CUMBERLAND [Name of Recording Jurisdiction] SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 335 EAST GARFIELD STREET SHIPPENSBURG [sirerrJ , Pennsylvania 17257 ("Property Address"): fCinJ [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." PENNSYLVANIA Single Family FanurAlnetFreddieMwUNIFORM INSTRUMENT Form 30391101 � G3039-03 (0012) (Page 3 of 17) Initials BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payment are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. PENNSYLVANIA Single Family - Fannie Mar/Freddie Mac UNIFORM INSTRUMENT corm 3039 I/0l G3039-04 (0012) (/'nee 4 0177) Initials: S "iR If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received front Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fust to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change (he amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be PENNSYLVANIA -• Single Family • • Fannie Mae/Freddie Mac UNIFORM INSTRUMF.NT Form 3039 1/01 C �� G3039-05 (00/2) (Pap:50J I17) Initials- paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instntment. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Leader may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Joss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for floodzone determination, certification and tracking seivices; or (b) a one-time charge for flood zone determination and certification seivices and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. PENNSYLVANIA Single Family Fannie Mac/Fmddie Mar UNIFORM INSTRUMENT Form 3039 1/O1 G3039-06 (0012) (Pa 6 of 17) If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligationto purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Properly, Lender may file. negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice front Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of Unearned premituns paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. PENNSYLVANIA • • Single Family an le Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 SKR' G3039-07 (0012) (Page7o1'17) Jnitials: _ 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall inaintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a Iegal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of (lie Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under Ibis Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. PENNSYLVANIA • • Single Family - Fannie Mac/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 03039-08 (0012) (Pair 5' 0117) Initials' �� Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable Loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payment using any source of funds that the mortgage insurer may have available (which niay include funds obtained from Mortgage Insrurance premiums). G3039-09 (0012) (Page 9ot 17) Initials: S PENNSYLVANIA Single Family -• Fannie A1ac/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has -if any- with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, . to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shallhave the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Properly, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Fnstrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial laking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. PENNSYLVANIA •• SInglc Family •• Fannie M /Freddie:\tor UNIFOR?11NSTRUTII:•NT Form 3039 1/01 G3039-10 (0012) (Parma 10 of 17) Initials S'` If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Properly are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to continence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sumps secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. PENNSYLVANIA Single Family -• FanlcMae/Freddie Ma UNIFORM INSTRUMENT Farm 3039 1101 G3039-11 (0012) (Fare II of 171 Initials. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, properly inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be'collected in connection with the Loan exceed the permitted Limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower night have arising out of such overcharge. 15. Notices. All Notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requiresotherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. PENNSYLVANIA Single Family • • Fannie Ma /l reddie Nlar UNIFORM INSTRUMENT Form 3039 1/0! G3039-12 (0003) (Page 12 of 17) Initials " �� 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sunis secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Propertypursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds PENNSYLVANIA •• Single Family • Faanie MacJFrcddic Mar UNIFORM INSTRUMENT Form 3039 1/01 G3039-13 (0012) (Page 13 of17) Initials: Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including. but not limited to, hazardous substances in consumer products). PENNSYLVANIA • Single I'amIIy •• Fannie Mae/Freddie Star UNIFORM INSTRUMENT Form 3039 1/01 G3039-14 (0012) (page 14 0117) Initials: Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA Singic Family Frnnic MadFreddie Mar UNIFORM INSTRUMENT Form 3039 U01 G3039-15 (0012) (Page 15 of 17) Initials: SkR BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. SCOTT K RHINtHART (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Prepared By: MIMI RAWLINGS ORRSTOWN BANK 2695 PHILADELPHIA AVENUE CHAMBERSBURG, PA 17201 PENNSYLVANIA Single Family — Fannie SlatIFrvddle Mar UNIFORM INSTRUMENT Form 3039 1/01 G3039-16 (040S) (I'aee 16 of 17) INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF On this, the 27th day of May undersigned officer, personally appeared SCOTT K RHIN EHART SS , 2011 before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that executedthe same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my ha d nd official seal. eOMMONVIEA_LTHOF PENNSYLVANIA Notariai Seal Karnefa S. Comman, Notary Public South Middleton Twp., Cumberland County My Commission Expires June 28, 2014 ember. Pennsvlvanja Association of No CERTIFIC E OF RESIDENCE address of the within -named lender is 2695 PHILADELPHIA AVENUE, Cygl eiERSBURG, PA 17201 Witness my day of of Lender do hereby certify that the correct PENNSYLVANIA -• Single FAnaly Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 G3039-17 (0012) (Page 17 of 17) initials: Exhibit A ALL THE following described real estate lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street, on the East by a strip of land eight feet wide, formerly a part of this tract, and land now or formerly of A.C. Finkey; on the North by a public alley; on the West by property now or formerly of John A. Magee and Gail M. Magee, his wife. The described lot of ground having a frontage on East Garfield Street of 32 feet, and extending in depth to a public alley in the rear a depth of 173 feet. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201115564 Recorded On 6/1/2011 At 2:01:30 PM * Instrument Type - MORTGAGE Invoice Number - 87755 User ID - ES * Mortgagor - RHINEHART, SCOTT K * Mortgagee - ORRSTOWN BANK * Customer - PA R E SETTLMNT *FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $39.50 $10.00 $11.50 $2.00 $3.00 $90.00 * Total Pages - 19 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER 0 D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111 11 1111 IHhIflI Scott M.Rothman,Esquire(Atty ID#:201478) 1100 E.Hector St.,ste.425 Conshohocken,PA 19428 (610)834-8819 = Commonwealth of Pennsylvania = A In the Court of Common Pleas �.T 16 p€l 2. 13 Cumberland County Orrstown Bank V. Case No.:14-5593 Stephanie D. Baer,et al. Commonwealth of Pennsylvania County of Philadelphia ss AFFIDAVIT OF PERSONAL SERVICE I,Thomas J.Crean,Jr.,being duly sworn according to the law upon my oath, depose and say,that I am not a party to this action,am over 18 years of age,and have no direct personal interest in this litigation. PARTY SERVED: Stephanie D.Baer DOCUMENTS SERVED: Declaratory Relief Complaint DATE&TIME OF SERVICE: 10/8/2014 5:00 PM PHYSICAL DESCRIPTION: Age:37 Weight: 120 Hair: Blonde Sex: Female Height: 5'1 Race: Caucasian SERVED ADDRESS: 17 Franklin Avenue Flourtown,PA 19031 By delivering a true copy to Stephanie D.Baer and informing him/her of the contents. I hereby affirm that the information contained in the Affidavit of Service is true and correct. This affirmation is made subject to the penalties of 18 PA C.S.4904 relating to unsworn falsification to authorities. Subs ed and sworn before me,a Notary Thomas J.Crean,Jr. Pu ic, is 13adorober,2014 Dennis Richman's Services for the Professional, Inc 1500 John F.Kennedy Blvd. Suite#1706, Philadelphia,PA 19102 (215)977-9393 Regina A. 'chmanNotary Public Falls T ucks County 0 My Commission expires on: 12/12/2017 Li J J r1� Order#P106537 HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff ORRSTOWN BANK v. Plaintiff, STEPHANIE D. BAER; and SCOTT K. RHINEHART Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—DECLARATORY RELIEF NO. 14 -5593 -Civil Term ACCEPTANCE OF SERVICE The undersigned hereby accepts service of Plaintiff Orrstown Bank's Complaint in the above -captioned matter on behalf of Defendant Scott K. Rhinehart. SALZMANN die ES, PC Date:_ _ av64/1 By: amlel . Wiser torney for Defe ' ant Scott M. Rothman, Esquire (Atty ID#: 201478) 1100 E. Hector St., ste. 425 Conshohocken, PA 19428 (610) 834-8819 Orrstown Bank v. Stephanie D. Baer, et al. Commonwealth of Pennsylvaniaw In the Court of Common Pleas I Cumberland County Commonwealth of Pennsylvania County of Philadelphia ss AFFIDAVIT OF PERSONAL SERVICE Case No.:14-5593 I, Thomas J. Crean, Jr., being duly sworn according to the law upon my oath, depose and say, that I am not a party to this action, am over 18 years of age, and have no direct personal interest in this litigation. PARTY SERVED: Stephanie D. Baer DOCUMENTS SERVED: Declaratory Relief Complaint DATE & TIME OF SERVICE: 10/8/2014 5:00 PM PHYSICAL DESCRIPTION: Age: 37 Weight: 120 Sex: Female Height: 5'1 SERVED ADDRESS: 17 Franklin Avenue Flourtown, PA 19031 Hair: Blonde Race: Caucasian By delivering a true copy to Stephanie D. Baer and informing him/her of the contents. I hereby affirm that the information contained in the Affidavit of Service is true and correct. This affirmation is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. Subs ibed and swop b -re me, a Notary Thomas J. Crean, Jr. Pu 114 Dennis Richman's Services for the Professional, Inc 1500 John F. Kennedy Blvd. Suite #1706, Philadelphia, PA 19102 (215) 977-9393 Regina A. Richman, Notary Public Falls Twp., Bucks County My Commission expires on: 12/12/2017 Order #P106537 Scott M. Rothman, Esquire (Atty ID#: 201478) 1100 E. Hector St., ste. 425 Conshohocken, PA 19428 (610) 834-8819 Commonwealth of Pennsylvania In the Court of Common Pleas Cumberland County Orrstown Bank v. Stephanie D. Baer, et al. Commonwealth of Pennsylvania County of Philadelphia ss AFFIDAVIT OF NON -SERVICE Case No.:14-5593 I, Dennis Richman, being duly sworn according to the law upon my oath, depose and say, that I am not a party to this action, am over 18 years of age, and have no direct personal interest in this litigation. PARTY: DOCUMENTS: DATE & TIME: Stephanie D. Baer Declaratory Relief Complaint 9/27/2014 11:15 AM ADDRESS: 121 W. Wissahickon Avenue Flourtown, PA 19031 I hereby certify and return that I completed due and diligent attempts to servee Stephanie D. Baer. I therefore return this Declaratory Relief Complaint without service on Stephanie D. Baer. Diligent attempts were made per the following notations: 9/27/2014 Results: Per neighbor, Stephanie moved 1 month ago and the property is vacant. I hereby affirm that the information contained in the Affidavit of Non -Service is true and correct. This affirmation is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. Subs .ed and sworn before me, a Notary Puy. this 23rd day of October, 14 iLA..— ' eg a 4' ichman, Notary Public Falls T i; , Bucks County My Commission expires on: 12/12/2017 Dennis ' ' man Dennis ' 'chman's Services for the Professional, Inc 1500 John F. Kennedy Blvd. Suite #1706, Philadelphia, PA 19102 (215) 977-9393 Ref # Order #P106227 HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff ORRSTOWN BANK V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION—DECLARATORY RELIEF NO. 14 -5593 -Civil Term STEPHANIE D. BAER; and SCOTT K. RHINEHART Defendants. MOTION FOR DEFAULT JUDGMENT AND CONSENT JUDGMENT Plaintiff Orrstown Bank ("Plaintiff') by its undersigned attorneys files this motion for default judgment against Defendant Stephanie D. Baer ("Baer"), and consent judgment against Defendant Scott K. Rhinehart and avers the following in support thereof: 1. Movant herein is Plaintiff. 2. Respondent herein is Defendant Stephanie D. Baer. 3. Movant brought this declaratory relief action to refoiin the Deed and Mortgage for the real properties located at 337 E. Garfield Street, Shippensburg, PA 17257 ("337 E. Garfield") and 335 E. Garfield Street, Shippensburg, PA 17257 ("335 E. Garfield"). A true and correct copy of the Complaint is attached hereto as Exhibit "1". 4. Pursuant to a deed (the "337 E. Garfield Deed") recorded with the Cumberland County Recorder of Deeds on November 22, 2006 in Book 277 at Page 3478, title to the 337 E. Garfield Property was apparently vested in Respondent Stephanie D. Baer. A true and correct copy of the 337 E. Garfield Deed is attached to the Complaint as Exhibit "C." 5. Pursuant to a deed (the "335 E. Garfield Deed") recorded with the Cumberland County Recorder of Deeds on September 8, 2011 under Instrument Number 201115563, title to the 335 E. Garfield Property was apparently vested in Defendant Scott K. Rhinehart. A true and correct copy of the 335 E. Garfield Deed is attached to the Complaint as Exhibit "D." 6. Respondent Stephanie D. Baer executed and delivered to Plaintiff Orrstown Bank a mortgage (the "337 E. Garfield Mortgage") which was recorded with the Cumberland County Recorder of Deeds on November 22, 2006, in Book 1973 at Page 4277, and which was intended to provide a lien in favor of Plaintiff Orrstown Bank against Stephanie D. Baer's apparent interest in the 337 E. Garfield Property. A true and correct copy of the 337 E. Garfield Mortgage is attached to the Complaint as Exhibit "E." 7. Defendant Scott K. Rhinehart executed and delivered to Plaintiff Orrstown Bank a mortgage (the "335 E. Garfield Mortgage") which was recorded with the Cumberland County Recorder of Deeds on June 1, 2011 under Instrument No. 201115564, and which was intended to provide a lien in favor of Plaintiff Orrstown Bank against Scott K. Rhinehart's apparent interest in the 335 E. Garfield Property. A true and correct copy of the 335 E. Garfield Mortgage is attached to the Complaint as Exhibit "F." 8. As a result of inadvertence, the 337 E. Garfield Deed was recorded with the Recorder of Deeds Office in Cumberland County with an incorrect legal description. See Complaint ¶9. 9. As a result of inadvertence, the 337 E. Garfield Mortgage was recorded with the Recorder of Deeds Office in Cumberland County with an incorrect legal description. Id. at ¶10. 10. The 337 E. Garfield Deed and the 337 E. Garfield Mortgage each reference the common address of 337 E. Garfield Street, Shippensburg, PA 17257 as the property mortgaged; however the legal description contains the metes and bounds recitation for 335 E. Garfield. Id. at ¶11. 11. Contrariwise, the legal descriptions attached to the 335 E. Garfield Deed and 335 E. Garfield Mortgage each contain the metes and bounds recitation for 337 E. Garfield. Id. at ¶12. 12. Stated otherwise, the legal descriptions for the two neighboring properties have been flip-flopped in the chain of title, affecting not only the Defendants' respective ownership interests, but also the mortgage liens held by Plaintiff against each parcel. Id. at ¶13. 13. The purpose of this action is to correct the legal description errors on the 337 E. Garfield Deed, the 337 E. Garfield Mortgage, the 335 E. Garfield Deed and the 335 E. Garfield Mortgage to effectuate the intentions of the parties. Id. at ¶14. 14. Under Pennsylvania law, courts have the power to reform a written instrument upon a showing of fraud, accident or mistake. Id. at ¶15. 15. In accordance with equity, the right to reformation of a deed or a mortgage, where a mutual mistake is manifest, is unquestionable. Id. at ¶16. 16. Grounds for reformation of a deed and mortgage include mutual mistake, but also include unilateral mistake and misrepresentation. Id. at ¶17. 17. The justification for an equitable reformation of an instrument is that it does not accurately set forth the terms of the prior agreement which it was supposed or intended to express. Id. at ¶18. 18. Where the parties have come to a mutual understanding as to the terms to be embodied in a proposed written contract, and the writing which is executed is at variance with that understanding, it will be reformed to express their intention. Id. at ¶19. 19. Reformation may be had by parties to the instrument, or by their privies. Id. at ¶20. 20. In this case, Plaintiff has standing to seek declaratory relief in the form of a decree reforming the 337 E. Garfield Deed, 337 E. Garfield Mortgage, 335 E. Garfield Deed and 335 E. Garfield Mortgage for the sole and limited purpose of substituting the correct legal descriptions and thereby effectuating the intentions of the parties to the instruments. Id. at ¶21. 21. Defendant Scott K. Rhinehart has agreed to reform the 335 E. Garfield Deed and 335 E. Garfield Mortgage to substitute the correct legal description, pursuant to the Stipulation for Entry of Order attached hereto as Exhibit "2." 22. Movant is not seeking default judgment against Defendant Scott K. Rhinehart. 23. Respondent Stephanie D. Baer voluntarily applied for the loan. 24. Respondent Stephanie D. Baer received and accepted the loan proceeds. 25. Respondent Stephanie D. Baer enjoyed the benefit of the loan proceeds. 26. Respondent Stephanie D. Baer intended to repay the loan at the time she received the loan. 27. Respondent Stephanie D. Baer intended to mortgage the Property as consideration for the loan. 28. Respondent Stephanie D. Baer was served with the Complaint on October 8, 2014. See Ex. "3" hereto. 29. Pursuant to Pa.R.Civ.P. 237.1, Notice of Plaintiff's intention to seek default judgment was served on Respondent Stephanie D. Baer on October 28, 2014. See Ex. "4" hereto. 30. To date, Respondent Stephanie D. Baer has not filed a pleading or otherwise moved in response to the Complaint. 31. Plaintiff is entitled to judgment by default, and seeks entry of the order included herewith which allows the 337 E. Garfield Deed, 337 E. Garfield Mortgage, 335 E. Garfield Deed and 335 E. Garfield Mortgage to be reformed to include the proper legal descriptions. WHEREFORE, Orrstown Bank requests the entry of judgment by default in the form of the Order proposed herewith entering judgment in their favor and against Defendant Stephanie Baer pursuant to Pa. R.Civ.P. 236 and 1061 et seq., together with taxable costs and such other relief as warranted by law or equity. 1III2//L/ Date: HALBERSTADT CURLEY LLC Scott M. Rothman Attorney for Plaintiff EXHIBIT 1 Supreme C COU IP 6 6 ti 40;;;t 1- j, ; • nnsylvania fV,i - e.: s t 1t. ! 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 of pleadings or other papers as required by law or rules of court. Commencement of Action: t3' Complaint 0 Writ of Summons 0 Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Orrstown Bank Are money damages requested? 0 Yes . ® No Is this a Class Action Suit? 0 Yes o' No Name of Plaintiff/Appellant's Attorney: Scott M. Rothman Lead Defendant's Name: Stephanie D. Baer Dollar Amount Requested: 0 within arbitration limits (check one) 0 outside arbitration limits Is this an MDJAppeal? ® Yes No 0 Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) TORT (do not include Mass Tort) 0 Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability O Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: :Y MASS TORT O Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical O Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff ® Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute Discrimination 0 Employment Dispute: Other ❑ Other: REAL PROPERTY ® Ejectment 0 Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title Other: Declaratory Relief 01` CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections Dept. of Transportation Statutory Appeal: Other ❑ Zoning Board 0 Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration 0 Declaratory Judgment ®Mandamus Non -Domestic Relations Restraining Order ® Quo Warranto ® Replevin ❑ Other: Updated 1/1/2011 ,t�'*-. .•.Y �C3P '�`{.j6F,(,. t" ` "5' `.es. •" d%,.,,,,... .r'3u•" r is rYam �• .+v F. , '.!F ^1�" ice' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: t3' Complaint 0 Writ of Summons 0 Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Orrstown Bank Are money damages requested? 0 Yes . ® No Is this a Class Action Suit? 0 Yes o' No Name of Plaintiff/Appellant's Attorney: Scott M. Rothman Lead Defendant's Name: Stephanie D. Baer Dollar Amount Requested: 0 within arbitration limits (check one) 0 outside arbitration limits Is this an MDJAppeal? ® Yes No 0 Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) TORT (do not include Mass Tort) 0 Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability O Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: :Y MASS TORT O Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical O Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff ® Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute Discrimination 0 Employment Dispute: Other ❑ Other: REAL PROPERTY ® Ejectment 0 Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title Other: Declaratory Relief 01` CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections Dept. of Transportation Statutory Appeal: Other ❑ Zoning Board 0 Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration 0 Declaratory Judgment ®Mandamus Non -Domestic Relations Restraining Order ® Quo Warranto ® Replevin ❑ Other: Updated 1/1/2011 HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 20.1478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 1942$ 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff 2;'4;'22 F;; -H CU 3ER LA ID COUNTY i Cia;:.r YL'rr\ii:ti ORRSTOWN BANK 77 East King Street Shippensburg, PA 17257 Plaintiff, v. STEPHANIE D. BAER 121 W. Wissahicken Avenue Flourtown, PA 19031 SCOTT K. RHINEHART 335 East Garfield Street Shippensburg, PA 17257 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—DECLARATORY RELIEF NO. 1 - 55 43 3viiri NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 RECORD tam CO.aYRONI hand �.• f I :here unto set my In Testimony yrhereo; : at Carlisle, Pa. and.the seal f sa ¢ Cfl 2016-- (717) 01 — dav rothonotary bf "- Thi- AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificaci6n. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso o notificaci6n. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otos derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCI6N SE ENCUENTRA ES CRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENNCIA LEGAL. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff ORRSTOWN BANK 77 East King Street Shippensburg, PA 17257 Plaintiff; V. STEPHANIE D. BAER 121 W. Wissahicken Avenue Flourtown, PA 19031 SCOTT K. RHINEHART 335 East Garfield Street Shippensburg, PA 17257 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION— DECLARATORY RELIEF NO. COMPLAINT Plaintiff, Orrstown Bank through its undersigned attorney, by way of Complaint brought pursuant to Pa. R.C.P. 1601 et seq., avers as follows: 1. Plaintiff herein is Orrstown Bank, ("Plaintiff') a corporation, with offices located at the above -captioned address. 2. Defendants herein are Stephanie D. Baer ("Baer") and Scott K. Rhinehart ("Rhinehart") adult individuals, with a last known addresses as captioned above. 3. Jurisdiction and venue are proper given that the real properties at issue are located in Cumberland County. 4. The properties subject to this Action are known, respectively, as Parcel ID No. 32- 34-2413-079A, the County of Cumberland, Commonwealth of Pennsylvania, commonly known as 337 E. Garfield Street, Shippensburg, PA 17257 ("337 E. Garfield") and Parcel ID No. 32-34- 2413-079, the County of Cumberland, Commonwealth of Pennsylvania, commonly known as 335 E. Garfield Street, Shippensburg, PA 17257. ("335 E: Garfield"). 337 E. Garfield is more particularly described in the legal description attached hereto as Exhibit "A." 335 E. Garfield is more particularly described in the legal description attached hereto as Exhibit "B." 5. Pursuant to a deed (the "337 E. Garfield Deed") recorded with the Cumberland County Recorder of Deeds on November 22, 2006 in Book 277 at Page 3478, title to the 337 E. Garfield Property was apparently vested in Defendant Stephanie D. Baer. A true and correct copy of the 337 E. Garfield Deed is attached hereto as Exhibit "C." 6. Pursuant to a deed (the "335 E. Garfield Deed") recorded with the Cumberland County Recorder of Deeds on September 8, 2011 under Instrument Number 201115563, title to the 335 E. Garfield Property was apparently vested with Defendant Scott K. Rhinehart. A true and correct copy of the 335 E. Garfield Deed is attached hereto as Exhibit "D." 7. Defendant Stephanie D. Baer executed and delivered to Plaintiff Orrstown Bank a mortgage (the "337 E. Garfield Mortgage") which was recorded with the Cumberland County Recorder of Deeds on November 22, 2006, in Book 1973 at Page 4277, and which was intended to provide a lien in favor of Plaintiff Orrstown Bank against Stephanie D. Baer's apparent interest in the 337 E. Garfield Property. A true and correct copy of the 337 E. Garfield Mortgage is attached hereto as Exhibit "E." 8. Defendant Scott K. Rhinehart executed and delivered to Plaintiff Orrstown Bank a mortgage (the "335 E. Garfield Mortgage") which was recorded with the Cumberland County Recorder of Deeds on June 1, 2011 under Instrument No. 201115564, and which was intended to provide a lien in favor of Plaintiff Orrstown Bank against Scott K. Rhinehart's apparent interest in the 335 E. Garfield Property. A true and correct copy of the 335 E. Garfield Mortgage is attached hereto as Exhibit "F." 9. As a result of inadvertence, the 337 E. Garfield Deed was recorded with the Recorder of Deeds Office in Cumberland County with an incorrect legal description. 10. As a result of inadvertence, the 337 E. Garfield Mortgage was recorded with the Recorder of Deeds Office in Cumberland County with an incorrect legal description. 11. The 337 E. Garfield Deed and the 337 E. Garfield Mortgage each reference the common address of 337 E. Garfield Street, Shippensburg, PA 17257 as the property mortgaged; however the legal description contains the metes and bounds recitation for 335 E. Garfield. 12. Contrariwise, the legal descriptions attached to the 335 E. Garfield Deed and 335 E. Garfield Mortgage each contain the metes and bounds recitation for 337 E. Garfield. 13. Stated otherwise, the legal descriptions for the two neighboring properties have been flip-flopped in the chain of title, affecting not only the Defendants' respective ownership interests, but also the mortgage liens held by Plaintiff against each parcel. 14. The purpose of this action is to correct the legal description errors on the 337 E. Garfield Deed, the 337 E. Garfield Mortgage, the 335 E. Garfield Deed and the 335 E. Garfield Mortgage to effectuate the intentions of the prties. COUNT I—DECLARATORY RELIEF 15. Under Pennsylvania law, courts have the power to reform a written instrument upon a showing of fraud, accident or mistake. 16. In accordance with equity, the right to reformation of a deed or a mortgage, where a mutual mistake is manifest, is unquestionable. 17. Grounds for reformation of a deed and mortgage include mutual mistake, but also include unilateral mistake and misrepresentation. 18. The justification for an equitable reformation of an instrument is that it does not accurately set forth the terms of the prior agreement which it was supposed or intended to express. 19. Where the parties have come to a mutual understanding as to the terms to be embodied in a proposed written contract, and the writing which is executed is at variance with that understanding, it will be reformed to express their intention. 20. Reformation may be had by parties to the instrument, or by their privies. 21. In this case, Plaintiff has standing to seek declaratory relief in the form of a decree reforming the .337 E. Garfield Deed, 337 E. Garfield Mortgage, 335 E. Garfield Deed and 335 E. Garfield Mortgage for the sole and limited purpose of substituting the correct legal descriptions and thereby effectuating the intentions of the parties to the instruments. WHEREFORE, Orrstown Bank, hereby demands an Order in its favor, together with the following declaratory relief: a. Declaring that the 337 E. Garfield Deed recorded with the Cumberland County Recorder of Deeds on November 22, 2006 in Book 277 at Page 3478 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit "A;" b. Declaring that the 337 E. Garfield Mortgage recorded with the Cumberland County Recorder of Deeds on November 22, 2006 in Book 1973 at Page 4277 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit “A.;” c. Declaring that the 335 E. Garfield Deed recorded with the Cumberland County Recorder of Deeds on June 1, 2011 under Instrument Number 201115563 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit "B;" d. Declaring that the 335 E. Garfield Mortgage recorded with the Cumberland County Recorder of Deeds on June 1, 2011 under Instrument Number 201115564 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit 44B;1, e. Declaring that the judgment in mortgage foreclosure obtained by Plaintiff against Stephanie D. Baer in this Court under Docket No. 14-461 is valid and, furthermore, that Plaintiff may proceed to Sheriff's sale pursuant to its already issued Writ of Execution; f. Directing that Plaintiff be permitted to record a certified copy of the Order in the Record of Deeds Office of Cumberland County in the appropriate book, affecting or superseding, as appropriate, the 337 E. Garfield Deed recorded November 22, 2006, the 337 E. Garfield Mortgage recorded November 22, 2006, the 335 E. Garfield Deed recorded June 1, 2011 and the 335 E. Garfield Mortgage recorded June 1, 2011 and that proper notation be made in the margins reflecting the same, thereby perfecting the reformation upon public record nunc pro tunc; and g. appropriate. Date: 9 iictifq Granting Plaintiff such other and further relief as the Court deems HALBERSTADT CURLEY LLC By: vti0.7bAckAil-_____ Scott M. Rothman VERIFICATION 1, [2, 44 , in my capacity as /4,5". L • , hereby verify the factual statements contained in the foregoing Complaint are true and correct to the best of my present knowledge, information and belief. 1 understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: EXHIBIT A ALL THE following described real estate lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street, on the East by a strip of land eight feet wide, formerly a part of this tract, and Iand now or formerly of A.C. Finkey; on the North by a public alley, on the West by property now or formerly of John A. Magee and Gail M. Magee, his wife. The described lot of ground having a frontage on East Garfield Street of 32 feet, and extending in depth to a public alley in the rear a depth of 173 feet. • EDIT B ALL the following described real estate with the improvements thereon erected, lying • and being situate in the Borough of Shippensburg, Cumberland County, Pennsyivania, more particularly described as follows ON the South by East Garfield Street; oh the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly of Lester Fuilcep; containing 56 feet; more or less, in front along East Garfield Street and attending fn depth 173 feet, more or less, to the public alley in the rear. on which alley it fronts 54 feet, more of less; the same comprising Lot 12 and the western 12 feet of Lot 11 on the plan of building lots prepared by D.G. Harglerode. EXHIBIT C 11/28/2006 13:42 7172495755 :-.CIBERT P. ZIEGLER 1. • RECCROER OF DEE2- 1.".1••TERLAnD 9,5) ZS NOY 22 PR 12 50 : • I A4.6„ -As Dap MADE THE j5 day of November in the year of our Lord Two Thousand Six (2006). BETWEEN DAVID W. MINTER and MONA S. KETNER, husband and wife, of Cumberland County, Pannsylvarda„ hereinafter referred to as: Parcel No,: 52p34 -2413-079A PAGE B2 Grantors, and, SIEPHANIE D. BAER, single woman, of Cumberland County, Pennsylvania, hereinafter referred to tme WTI'NESSETB, that in consideration of One Hundred Sbcty-Bght Thousand Pive Hundred and 00/100 Dollars ($168,50040) in hand paid, the receipt -whereof is hereby acknowledged, the said Grantors do hereby grant and con ' to the aaid Grantee, her behs and assign& ALL the following deactibed real estate with the improvements thereon erected, lying and being situate in the Bcirough of'Shippensbur Cumberland Count, Peratsylvania, more particularly described as follows: ON the South by East Garfield Street on the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly of Lester Finkey; containing 56 feet more or less, in front along East Garflekl Street and extending in depth 17a feet, more or less, to the public alley in the rear, on which alley it fronts 54 feet, mare or less; the same coUrprising Lot 12 =lathe western 12feet of Lot 11 on the plan of building lots prepared by U.G. Harglerode. BEING the same premises which Lewis K. Mini:nand Dolores J. Mitten, by Deed dated and recorded June 22, 2006 in the Office c the Recorder **Deeds in and for Cumberland County, Pennsylvania, in Deed Book 225, Page 1325, warded and conveyed unto David W. Ketner and Mona S. Ketner, Grantors herein. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. tom 277 r;AGE3478 IN WITNESS WHEREOF, said Grantors have hereunto set their bands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF asf ,t— DAVID W. KEI tit (se) (seal) MONA S. COMMONWEALTH OF PENNSYLVANIA ): SS. COUNTY OF CUMBERLAND On this, the I da, of NO VeP.tbe✓ , 2006, before me the undersigned officer, Personally appeared David W. Ketner and Mona S. Ketner known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. sios N IMP c&ic scat) 1 Certify this to be recorded In Cumberland County PA Recorder of Deeds BOOK 277 PACE3473 CERTIFICATE OF RESIDIWCE. I hereby certify that the precise residence and complete post office address of the within Grantee is 3 37 <'-{-�_t e l�Q S�•re ►1 /30 2006. Atiomey for Gzmdee [YBRIBN, BANCdoSCHER R 19 WEST SOUTH S7 PAT C4RLSLE, PBINSPI PAJKIA 17013 277 PACES480 Parcel #32-34-2413-079 DEED MADE the oil? day of May in the year of two thousand eleven (2011), BETWEEN, LEWIS K. MITTEN AND DOLORA L._ MITTEN aka DOLORA J. MITTEN, husband and wife, of Shippensburg, Pennsylvania, hereinafter referred to as the Grantors, AND, SCOTT K. RHINEHART, single man, of Shippensburg, Pennsylvania, hereinafter referred to as the Grantee, WITNESSETH, that in consideration of the sums of One Hundred Twenty Eight Thousand ($128,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantee, his heirs and assigns: ALL the following described real estate lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania more particularly described as follows: ON the South by East Garfield Street; on the East by a strip of land 8 feet wide, formerly a part of this tract, and land now or formerly of A.C. Finkey; on (N)( the North by public alley; on the West by property now or formerly of John A. Magee and Gail M. Magee, his wife. The described lot of ground having a frontage on East Garfield Street of 32 feet and extending in depth to a public l h alley in the rear a depth of 173 feet. BEING the same real estate that Lynn E. Magee et at, by deed dated May 21, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Deed Book Volume 246 page 292, conveyed to Lewis K. Mitten and Dolora L. Mitten, husband and wife, and also being Tract One on that Corrective Deed from Lynn E. Magee et al dated November 28, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 249 at page 1898 conveying the same to Lewis K. Mitten and Dolora J. Mitten, husband and wife, Grantors herein. AND the said Grantors will specially warrant the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seal, the day and year first above written. Sealed and delivered in the presence of: lIs Nitt;% (SEAL) Lewis K. Mitten (SEAL) ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA: :SS COUNTY OF CUMBERLAND On this, the ([; day of May, 2011, before me, a Notary Public, the undersigned officer, personally appeared, Lewis K. Mitten and Dolora L. Mitten aka Dolora 1 Mitten, husband and wife, 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- urpose therein contained. HEREOF, hereunto set hand and officl I hereby certify that the 335t StYtEbi Date: g 1111 f Notary blic My Com ., fission Expires: Wei se residentof the Grantee is as follows: our?A 1Wd51 ey fo ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARL'S! .E, PA 17013 717-240-6370 Instrument Number - 201115563 Recorded On 611!2011 At 2:01:29 PM *Instrument Type - DEED Invoice Number - 87755 * Grantor - MITTEN, LEWIS K * Grantee - RHINEHART, SCOTT K * Customer - PA R E SETTLMNT *FEES STATE TRANSFER TAX $1,280.00 STARE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SHIPPENSBURG AREA $640.00 SCHOOL DISTRICT SHIPPENSBURG BOROUGH $640.00 TOTAL PAID $2,622.00 UserID-ES * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA . RECORDER O D DS * - Information denoted by no asterisk may cbaage during the verification process and may not be reflected on this page. EXHIBIT E 025 11:21-%1S perl Identification "� /� Number: • (• i7��+t3 RECORDATION REQUESTED BY: Ortatm.n Dena Ong street Orlin 77 Etat Kipp Sheet P 0 80X 260 S1 ppmuburp. PA 17267 WHEN RECORDED MAII. TO: OARSTOWN BANS 77 EAST KING STREET P.O. SOX 260 8M1PPENSBURO. PA 17267 1�6iI KU 22 PPI 12 50 11,?fr1 FOR REG RB o Y MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE Amount Secured Hereby: 6134,800.00 .THIS MORTGAGE dated November 20, 2006. I. made and executed between Stephanie D Beer, whose eddrees 1s 601 Glenn Sheet, Shfppeneburg, PA 17267 (referred to below as "Grantor'/ and Orretown Bank. whose address U 77 East King Street. P 0 BOX 250, Shippenabwg, PA • 17267 (referred to below es *Lander -I. GRANT Of MORTGAGE. For valuable omaddersdan. Grantor tants, b.ry.Lrs. 1 !i. corwsp..u1grrs, b niers, releases. confirms and manuapea be Lender an of Grarttor. rtda. dee. end Interim In end to the facvdr.9 aeaoribed and progeny. together whir aA esdserq or subsequently rested or *Maxi brrAdings. Improvements end fixtures; aril strews. Wes. Says, Peaeepee. end wen: ell easements, Atha of way. a1 nerds. prIvEepos. tenemsnn: Mteditamen t. and appurtenances d»tsomo belonoro or anywise made eppraton., hereafter. rd the rererdons end remsltdae wah sneer thereto: al water, wets; nights, watercourses and ditch right. fIncludktg .toot b Whits with Ott° or Irritialboo ALAts1: end all otter Aplin. royselee, end proles to the rel propertywit out imibttion M minerals, ell.p�s, oeu�rmal ark) Omer mantra. Ma "Ree oparty') IOea th Cu d County, Correnarewe:deD of Pennsylvenie: SEE -ATTACHED The Real Property or Its address Is con:Monty ktlown as 337 E Garfield St, SMppensburg, PA 17267. Grantor pre.eney Matra to Londa see of Grantor's tight. title, and I nren M and m al present end *tubi+s leave of to Property end p Rear from the Property. In eddtlr► Grantor prat to larder a Uralorer Cr<rnerdd Code wrathy inheres In life Peony ProWetY and Renu. • TMS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE 8EC1lRIrY sinew 8* THE RENTS AND PERSONAL PROPERTY. IS GIVER TO SEAuRE (AI PAYMENT OP THE DIOEBTE 8 AND (8) PERFORMANCE OF ANY AND AU. OSUOATIONS UNDER THE NOTE IN THE ORKICYIL PRINCIPAL AMOUNT OF 11134200.M THE MATED DOCUMENTS. AND THS MORTGAGE. THIS MORTGAGE 18 G)V@f AND ACCEPTED ON THE Fotsowe1G TERros: • Punt:+WBE MONEY MORTGAGE. If any of tM debt seared by tints Mortgage is Amt to Grantor to smoke, tido to the Reel Property; td. Mortgage stdd be w parches money mortgage under 42 P.B. Secdon 8141. PAYMENT ANO PERFORMANCE. Esse as otherwise provided in this Mengege. Granter els0 pajr to Leder as ,mounts .eared ear fhb Mortgage sa they became Cue and Niue sulcal perform a8 of Greater • otilgadore under this Mortgage. POSSESSION AND MAINTDIANCE OF THE PROPERTY. Grmmr ewes that Grantor. possession .M use of the Property shall be governed 8Y the bktw4tg providers Possession and Use. Unfl the occvrer oe of an Event of Default. Grantor may It) r.rnNr ti possession and co0nol of the Progeny; (2) use. opsreta or menage to Property; end 131 collect the Rene from the Property. Dater m MahKato. Grantor Meg melnd% the Property In good- ase didCn end promptly perform al .aurins. n.plaearenu. and maintenance rrcIaal y to Preserve its aura. Compliance With Errrhonnereel Laws. Grantor reprosrnta and maim to Larder that 11) Mang the period of Grantors o.vrer.htlp of the Property, there has hen no use, generation. manufacture, morns, treatment. disposal, Meese or threatened rebase of any Hererdots Substance by any person on, under, sbott or sem the Property: 12) Grantor has rho knowledge et. or mason to Ways shpt More has teim except as previoely disclosed to rd acknowIed9W W tender in whim. ta) ern, breach or violation of any Environmental taws. IN any use. goer tion. ntrrd.csew mem, freemen*. depot!*. release or threatened reline b any Haardow Substance on. wider. about ar from to Property by any prior owner or occupants 0 the Property, or 10 any *clue r ttweearwd Odg.•bn w dalrn* or amp ld d by any person romans to wort melwr.t and 13) Etcept re P1e'ie•rb disclosed to end .annowledged by Lends N wthI ng. tar norther Orrnr rot errs tenant contract..., agent or dew authorised ear as the Prepeny shag uw, g•r'at•. mra>taana., etre, treat, dispels of nr rr.taw Miff Maxateuta Substance en, under, about or from the Property: and 181 any slosh activity shell be conducted In compiles* wrhh eyl epolkeble f.dret. ewe. end stay Mer., regulations end ord1nms*s. Inditeng without Dolta1)on td Envfrvnrtul Laws. Otsnmr suter1tes Lender and Its agrn to armor upon the Property m mete akin kapscdme end testi. et Grantees enema. ea Lender may deem approp1.n to determine compeence of to Property with this secdon of the Mortgage. Any hnpecdoro or Lasts made by Lander dere be for UMW' pwpoaw grey std don not be construed to mess ens eeaponttaty Of uabglty on O. pen of te0r m (kwnr r CO any other person. The npruentadra and women** contained herein aro anted on Orrsure due detge nae N brv.stgsting the Property for Hoarders. Subsumes. (hams hereby 11) nesse* end weave* err lutea chyme BK 1973PG4271 1 11 11 i ila itpss�3 PA ha GHJ oi iFFii s! Uji4 ' .Ia 111 I!h111hi1L /1; 3) 1:goga414ir !ild Itt B tokiait ilifogg s 1114 1 po fot 4E1 F0 zp 08Z19d£L61 K8 t191 1 az 0 2- 1 :111;9111 11 '2 tt412 t. a a a a s Ids BK1973PG4281 : i 0 1 MORTGAGE Continued) Page 7 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE. AND GRANTOR AGREES TO ITS TEEMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND TT IS INTENDED THAT THIS MORTGAGE IS AND SNAIL CONSTITUTE AND HAVE THE EFFECT OF A SEALEO INSTRUMENT ACCORDING TO LAW. GRANTOR: X CERTIFICATE OF RESIDENCE • hew's. caret% Mat no precise address of Ms fromages. Gustavo Sank. twain Is 83 tolloWs: Rim Sort Offlee. 72 East Rios Strad. P Q BOX 250. S)4pertsbw8. PA Attorney INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COONTrOfe W&OZt•-k tNe-t0 153 • 6 , betas me g Red. personally apposed Sows 0 Saes. known to to Ow within insownent. ard admowledoed same for the purposes n in witness whereof. 1 hartardo set AN hind Art4 °15O Palbaingataantizaatu WW2/SW AnStOrm Atissisea=caFt*A0 Soo. County Cansttission Erokes ktaiM.2010 Notary Mit In and kr the Stow or BK1973114283 • s, .1.1.314. 1.4.3. NOP Certify this to be recorded in Cumberland County PA • ADJUSTABLE RATE RIDER i 1 Ili 1 11. i 111. 1 i 0.2 I 1111qiii ItIL iiiiia jiltiiii WI q 1 1 ail . Nu 1 1111 iii III illiAlti ill tisii 1 1 Ali t 8.8 1111 la 10 1 11 1 li 1 1 . S ii i 401 il 01 1.‘ i ' '1 I 11111 1 1 Ei 41 i 1 p gi i �`,, q 41 . 1141114.111 1111 MI E• i I :1 1 I 10 lbita1111- € lit paint, 44 r 0. OP' i i 111 �ilif. SIJ. L jIPli dljiij!Ii 1141 1. ii 11 .�II. ti . a V. Ai 1. 1 tsPI Is psi4 e 1 € .i. Ms. I1 II % Pi as f 1 I vil gig irt 11 1 ti011 12 11 " 11 1$14111iiil diiii"11 .. 1 St 1z 8.11 ii 1:111isq IP 11 V - If 1$;' s' I I. s it 11111€ ff a. 1 III_1 4g0 P ref.1 a r l i•€1811S4111 allilltilliiiiTalki • ADJUSTABLE RATE RIDER • • (Continued) Pape 2 THIS ADJUSTABLE RATE RIDER Is E7 CUTID aN NOVEMBER 20, Zoos. • GRANTOR: BX t g73PG42.86 SCHEDULE A ALL the following described real estate with the improvements thereon erected, lying • and being situate in the Borough of Shippensburg, Curnberland County, Pmtutsylvania.. more particularly described as follows: ON the South by East Garfield Shy oil the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly of Lester Fmkey; containing 56 feet, more or less, in front along East Garfield Street and extending in depth 173 feet, more or less, to the public alley in the rear, on which alley it fronts 54 feet; more or less; the same comprising Lot 12 and the western 12 feet of Lot 11 on the plan of hulling lots prepared by U.G. Harglerode. gt(t 9731G428t1 EXHIBIT F Record and Return to: ORRSTOWN BANK 2695 PHILADELPHIA AVENUE CHAMBERSBURG, PA 17201 • PARCEL TAX ID#: 32.34-2413-079 PMI CASE#: DEFINITIONS [Space Above This Line For Recording Data] MORTGAGE Loan No. 000004399 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) 2011 (B) "Security Instrument" means this document, which is dated May , together with all Riders to this document. "Borrower" is SCOTT K RHINEHART Borrower is the mortgagor under Ibis Security Instrument. (C) "Lender" is ORRSTOWN BANK , 27th Lender is a BANK organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA . Lender's address is 2695 PHILADELPHIA AVENUE, CHAMBERSBURG, PA 17201 Lender is the mortgagee under this Security Instrument. PENNSYLVANIA •. Single Family •• Fannie Mac/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 G3039-01 (0012) (Page I of I7) Initials- ` 'riZ (D) "Note" means the promissory note signed by Borrower and dated May 27th 2011 . The Note states that Borrower owes Lender ONE HUNDRED NINETEEN THOUSAND THREE HUNDRED SEVENTY EIGHT AND NO/100 Dollars (U.S. $ 119,378.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1st, 2041 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider 0 Balloon Rider ED Biweekly Payment Rider 0 1-4 Family Rider [] Other(s) [specify] EJ Planned Unit Development Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) • "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. PENNSYLVANIA •• Single Family •• Pa,,& MaeFrcddfcMar UNIFORM INSTRU?IEMF Form 3039 1101 G3039-02 (0012) (Page 2 or 17) initials• sick) (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage Ioan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 335 EAST GARFIELD STREET [SIJ SHIPPENSBURG . Pennsylvania 17257 [Cin] Op Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." PENNSYLVANIA Smek Faintly •• Fannie Mae/Freddie Afar UNIFORM INSTRUMENT Form 3039 1/01 G3039-03 (0012) tf'agc 3 of 17) Initials y� _ BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payment are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due dale, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. PENNSYLVANIA •• Single Family •• Famde M+JFrcddie Mx UNWORN INSTRUMENT Form 3034 1101 G3039-04 (Oo12) (Page 4 of 17) Initials: If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used In Section 9. If Borrower is obligated to pay Fsrrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shalt not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be PENNSYLVANIA -- Soh Family -• Fannie Mae/Freddlc Mac UNIFORM INSTRUMENT Form 3039 U0) C 4 G3039-05 (0012) (Pag{R e of I7) initials: J paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is.a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under'RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for floodzone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. PENNSYLVANIA • Single Family Fait M,e/Freddie Alar UMFURAI INSTRUMENT Fes" 3039 1101 G3039-06 (0012) (Parc 6 of 17) Initials: J 1(Q If Borrower fails to maintain any of. the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligationto purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Ail insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall Include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not. otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying Insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within '30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. PENNSYLVANIA •• Smik Famfy •• Famde Mae/Frcddie Mar UNWO INSTRUMENT Form 3039 1101 G303947 (0012) (Pao 7 of 17) initials- S Kt 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing In value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid In - connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property.. Lender shall give Borrower notice at the time of or prior to such an Interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect Its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. PENNSYLVANIA -- 5mgJe Family - Fannie \Le/F,eJ‘lle Mae UNIFORM INSIRUMSNr Form 3039 U01 ciCil 03039-08 (0012) (Page S or r» Initials: Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender -agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable Loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable Loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation w pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payment using any source of funds that the mortgage Insurer may have available (which may include funds obtained from Mortgage Insurance premiums). 03039-09 (0012) (Page 9 o!17) Initials: , t PENNSYLVANIA -• Single F inlIy . Fannie Mat/Freddie Mae UNIFORM INSTRUMENT From 3039 vol As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has -if any- with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, . to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender.. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, -if the restoration or repair is economically feasible and Lender's security is not Iessened. During such repair and restoration period, Lender shall.have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. PENNSYLVANIA .. Slagle Family .. Fannir MaJF,tdd , M UNIFORM INSTRUMENT Form 3039 V01 03039-10 (00)2) !Page 10of17) Initials: S �� If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Properly are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall he applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be Joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. PENNSYLVANIA Single Fatnlly • • Fmffie Mx/Freddie Mar UNIFORM INSTRUMENT Farm 30139 :trot G3039-11 (0012) (Page 11 of 171 Initials: Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrunient or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted lints, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All Notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requiresotherwise. The notice address shall be the Property Address unless Borrower bas designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first lass mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. PENNSYLVANIA -• Single Family -• Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fotm 3039 1101 G3039.12 (0003) !Page 120117) Initials: 16. Governing Law; Severability, Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Propertypursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument. shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency. instrumentality or entity; or (d) Electronic Funds PENNSYLVANIA •• Single Family • - Funk Mac/Fmlde Mac UNIFORM INSTRUMENT Form 3039 I/01 G3039-13 (0012) (Page /3 017) Initials: 5--_ Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a lass) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). PENNSYLVANIA - Sink Family .. Fannie Mac/FFredIe Mac UMFORM INSTRUMI to Form 3039 110t 03039-14 (0012) (Page 14 af 17) Initials. • t y Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, .lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental 'Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower ]earns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law. waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA -- Slagk Family - Fannie rbdF'eddIe Mac UNIFORM INSTRUMENT Farm 3039 U01 03039-15 (0012) (Page 15 of 17) Initials: SkR BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Prepared By: MIMI RAWLINGS ORRSTOWN BANK 2695 PHILADELPHIA AVENUE CHAMBERSBURG, PA 17201 PENNSYLVANIA • • Single Family •- Fan* Ma fndmr M c UNIFORM INSTRUMENT Form 3039 U01 G3039-16 (0408) (Page 16 of 17) INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA, . COUNTY OF On this, the 27th undersigned officer, personally appeared SCOTT K RHINEHART day of May } SS known to me (or satisfactorily proven) to be the person(s) whose name(s) instrument and acknowledged that execut + the same for the pu IN WITNESS WHEREOF. I hereunto set my hand nd official seal. co mo LTH 4F PENNSYLVANIA NotartKameta S. Commrna Notary Public South Middleton Twp,, Mnbeland County Commission Expires June 28, 2014 efiber. Pen CERTIFIC_ E OF S ENCE address of the within -n lender is 2695 PHttADEtPHIA AVENUE, CH.-A�-M��^ERSBURG, PA 17201 Witness myy1'n� t7r ''" day of , 2011 before me, the subscribed .to the within erein contained. do hereby certify that the correct PENNSYLVANIA - zngk Family — Fmnk 31:erFr.eme Mac UNIFORM INSTRUMENT Form 303 G3039-17 (0012) (Page 17 of 17) Initials S. Exhibit A ALL THE following described real estate lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street, on the East by a strip of land eight feet wide, formerly a part of this tract, and land now or formerly of A.C. Finkey; on the North by a public alley, on the West by property now or formerly of John A. Magee and Gail M. Magee, his wife. The described lot of ground having a frontage on East Garfield Street of 32 feet, and extending in depth to a public alley in the rear a depth of 173 feet. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201115564 Recorded On 6/1/2011 At 2:01:30 PM * Instrument Type - MORTGAGE Invoice Number - 87755 User ID - ES * Mortgagor - RHINEHART, SCOTT K * Mortgagee - ORRSTOWN BANK * Customer - PA R E SETTLMNT *FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES — $39.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00• FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $90.00 * Total Pages -19 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER 011:2 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IU IGinll�llll�l�n EXHIBIT 3 EXHIBIT 4 HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff ORRSTOWN BANK v. Plaintiff, STEPHANIE D. BAER; and SCOTT K. RHINEHART Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—DECLARATORY RELIEF NO. 14 -5593 -Civil Term To: Stephanie D. Baer 17 Franklin Avenue Flourtown, PA 19031 Date: October 28, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE 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 CAN PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 HALBERSTADT CURLEY LLC Scott M. Rothman HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff ORRSTOWN BANK v. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION—DECLARATORY RELIEF NO. 14 -5593 -Civil Term STEPHANIE D. BAER; and SCOTT K. RHINEHART Defendants. CERTIFICATION OF NON-MILITARY STATUS I, Scott M. Rothman, being duly sworn according to law, depose and say that upon information and belief, the Defendant Stephanie D. Baer is not in the military service of the United States or any state or territory thereof or its allies, as defined in the Soldiers and Sailors Civil Relief Act of 1940 and the amendments thereto, as evidenced by the attached Military Status Report and Affidavit. Date: By: Scott M. Rothman ■ caciumA --- INFORMATION SOLUTIONS, INC-------- toll free 800-444-6782 fax 845-331-0829 email customerservice@recoursa.com web www.recoursa.com address PO Box 448, Accord, NY 12404 • Account #: 956331 Job #: 513491 Your File# Investors Title 337 Garfield 1. AFFIDAVIT IN SUPPORT OF SEARCH I Stephanie M. Lezer of Recoursa Information Solutions, Inc. with offices located at P.O. Box 448, Accord, NY 12404, am over the age of 18 and do hereby attest that Recoursa Information Solutions, Inc., has conducted a diligent search of the DMDC Manpower Database to determine the current military or non-military status of the defendant. I have personal knowledge of all matters stated herein, 2. This affidavit is made pursuant to the Service Members Civil Relief Act (SCRA) [50 USCS Appx. §§ 501 et seq] formerly the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs 501et. seq, for the purpose of entry of judgment against Stephanie D. Baer. 3. I provided the Department of Defense Manpower Data Center with the pertinent information about the defendant, the defendants name Stephanie D. Baer and Social Security Number, which I know because It was located through a diligent search of the Individuals' name, street address and state of residence, which was provided to me by the plaintiff's attorney, Halberstadt Curley LLC, and yielded a positive identity match. I have caused an investigation to be made as fully set forth In the accompanying Verification of Non -Military Service, attached hereto and made part of hereof, as defined In sald Act to ascertain if any occupant of said premises is a dependent of a person in the military service. 4. Based on the response I have received from the Department of Defense Manpower Data Center dated 10/28/2014, a copy of which is attached hereto and made a part hereof, I am convinced that the defendant Is not on active duty in the Military Service of the United States, or as a member of the military reserves or dependent upon a member of the military service or military reserves in the State of Pennsylvania. Furthermore, I have found no evidence the defendant is on active military duty with any nation allied with United States of America. DATED: 10/28/2014 Swor to before -8th day of o tober, . ' 14 SNERRYA, GIAMMICHELE Notary Public, State of New York No. 01016273375 Qualified in Ulster County Commission Expires January 14, 2017 Stephanie M. Lezer (610) 834-8813 Department of Defense Manpower Data Center Sta s Report Pursuant to Se Servicomembers Civil Relief Act Last Name: BAER First Name: STEPHANIE Middle Name: D. 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NAS:: tri, 2,,,'",•,,,"-:,.„•'4,2,.;% ,..,.„;43414,.. "'L ' Q1 NA The response mile • Ihidl?frgiSle ectN'dl• s. ti: Vea:ad on16 ' etl�+el 0 i 09tatun Date `•''h��'°-`3fi, ilio .t..... .f'. � I':: • ::::::: � •:......�::�:•R....._._. ...•:�, , .,.I... �..,......,tArtAcfPr¢;Ou �dhIn867.09" fit.Acavot'iu,'.Slatlie�l3al;:.,• ��'�!: �o''r9. .. ........ _.._.. II it „:..;:E:';:i•:'j:;rl•`ji`I' ti, .... Acthre them n°bale:..��:�..,...�....a.,.:...:^:......- _ ,,. A�i!vt .ErYd DAtb� ... ..Duty ..,....,� .. .. tus. ;;...; .,.. •.,.. 9ta :....... ::::::r: , . '`•i.teo�Qd . i9s npoiiei;:"ii;!l';i'•r:'.' . .. .L.. .- '�erilde�Comtt'����mie::•;'" , •:, .,11;Fria ..... r-- .•LC'i J14" ; ' � • 1 :.: ; : ..Nfi�•r'- I lf; I NA "ViD:40'�: :.1.#.: This re ponce reftecte A,,Viiie IndleIdual lilt d.4;: 8liti C'11t01n gga) ptecediito tne.Abtlro iil,tY 4.1/M5021e Iw„',n II ,, ...... .+. ..� .. ... ..... , .... � I .•:�:: •. ...:: .. :..........� .•' ,'::::..•I: �.a�...::: y:=•,.;. M; L,,,.;; , . , ”,:;•,:;;v.....,,: �.:?::...��.•_ Mam6ar:a� l7hIPIN laeu a oCo Firtu e;fS9FU to'net+ue'�ti•Iry:iin.Aet,vet7....'8Wc4s; to ! - rHea ee i'.: '..: ^, : irft �.r:.. `.':.`::f =c:. "i.i 1...•..... Ordel,Ndllfjwtl(dnt�h� 'Dte., ..:.••,:•,.:.:.-);....,0f4s/t4t>!n(catl +hejr-Dale. ;•.'..,:..-'ri•;;iiN.l.' .':•atetis,_::',.' .e.....n.a . .. .L.. .- '�erilde�Comtt'����mie::•;'" , NA • Ni1101:6 .. ' t-'''1 '• "ViD:40'�: :.1.#.: NA �1x�n Th18 0350005e raflccis when ip'44, l 101.19{ of ttL/111• ;Unit v ae ttipfilY6(i•gere;tOttfitfdti igi`,pt,Yepen for active dui' -...0rrc;4,.r8�r,., •-,_.:", ...w di,n•:%' = :,d�ic'.';'.. '•� ��:nrr,F-rf'i4•Rtr j�°':,us,..r,urr.. _..tmn"� �jl'i�q,1 V^mli. Upon 'searching the data banks of the Department of Defenee Mtac p�i Rl�e�(l i jfiarrbeaH'air1::'ttie information that you provided, the above is the status of the Individual on the active duty status date as to all branches of the Uhif`okt8 ; !IC9s" 7krmy, Navy, Marine Corps, Air Force, NOM, Public Health, and Coast Guard), This status includes information on a Servlcemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense •^ Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMOC) Is an organization of the Department of Defense (DOD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which Is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 601 et seq, as amended) (SCRA) (formerly known as the Soldiers' end Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the Individual is currently on active duty" responses, and hes experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenaelink.mll" URL• http://www.defenselink.mll/faq/pis/PC09SLDR.html, If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be Invoked against you. See 50 USC App. § 621(c). This response reflects the following information: (1) The indivldual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in thia certificate Is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this Includes service under a calf to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President end supported by Federal funds. All Active Guard Reserve (AGR) members must be aesigned against an authorized mobilization position In the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs), Active Duty status also applies to a Uniformed Service member who Is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader In some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported es on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for ell the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined In accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the Inclusive dates of service, Furthermore. some protections of the SCRA may extend to persons who have received orders to report for ective duty or to be inducted, but who have not actually begun active duty or actually reported for induction, The Lest Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous Information will cause an erroneous certificate to ba provided. Certificate ID: IES303EF7061GDO HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff ORRSTOWN BANK v. Plaintiff, STEPHANIE, D. BAER; and SCOTT K. RHINEHART Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—DECLARATORY RELIEF NO. 14 -5593 -Civil Term CERTIFICATION OF LAST -KNOWN ADDRESSES I, Scott M. Rothman, being duly sworn according to law, depose and say the following: 1. The last known address for Stephanie D. Baer and the address where Stephanie D. Baer was served with the Complaint, is 17 Franklin Avenue, Flourtown, PA 19031. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: v/.114 WWI By: Scott M. Rothman HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff ORRSTOWN BANK v. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION—DECLARATORY RELIEF NO. 14 -5593 -Civil Term STEPHANIE D. BAER; and SCOTT K. RHINEHART Defendants. CERTIFICATE OF SERVICE I, Scott Rothman, hereby certify that I caused a true and correct copy of the foregoing Motion for Default Judgment to be served via first class mail upon the following: 017-1)Li Date: Ms. Stephanie D. Baer 17 Franklin Avenue Flourtown, PA 19031 Samuel E. Wiser, Esquire Salzmann Hughes, P.C. 79 St. Paul Drive Chambersburg, PA 17201 HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney for Plaintiff ORRSTOWN BANK v. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION—DECLARATORY RELIEF NO. 14 -5593 -Civil Term STEPHANIE D. BAER; and SCOTT K. RHINEHART Defendants. ORDER AND NOW, this 42v day of N , 2014, upon consideration of Plaintiff's Motion for Default Judgment, the consent of Defendant Scott K. Rhinehart, and any opposition thereto, it is hereby ORDERED and DECREED as follows: 1. The motion is GRANTED; 2. The Deed for the real property 337 E. Garfield Street, Shippensburg, PA 17257 ("337 E. Garfield"), recorded with the Cumberland County Recorder of Deeds on November 22, 2006 in Book 277 at Page 3478 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit "A;" 3. The Mortgage for 337 E. Garfield recorded with the Cumberland County Recorder of Deeds on November 22, 2006 in Book 1973 at Page 4277 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit "A;" 4. The Deed for the real property 335 E. Garfield Street, Shippensburg, PA 17257 ("335 E. Garfield"), recorded with the Cumberland County Recorder of Deeds on June 1, 2011 under Instrument Number 201115563 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit "B;" 5. The Mortgage for 335 E. Garfield recorded with the Cumberland County Recorder of Deeds on June 1, 2011 under Instrument Number 201115564 is reformed, nunc pro tunc, to substitute the correct legal description attached hereto as Exhibit "B;" 6. The judgment in mortgage foreclosure obtained by Plaintiff against Stephanie D. Baer in this Court under Docket No. 14-461 is valid and, furthermore, that Plaintiff may proceed to Sheriff's sale pursuant to its already issued Writ of Execution; and 7. The Office of the Recorder of Deeds shall accept a certified copy of this Order for recordation as a miscellaneous instrument. 'sue/��: LY'r 51.4 . &ar/ey LC yv� . /of ii/a6/, J. C") a7 .�r HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff ORRSTOWN BANK Plaintiff, v. STEPHANIE D. BAER; and SCOTT K. RHINEHART Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—DECLARATORY RELIEF NO. 14 -5593 -Civil Term PRAECIPE TO RELEASE LIS PENDENS TO THE PROTHONOTARY: Kindly mark as released the lis pendens indexed by plaintiff against the property commonly known as: 337 E. Garfield Street, Shippensburg, PA 17257. HALBERSTADT CURLEY LLC Date: By: Scott M. Rothman sig <zAkk,J6 lot 90 y, HALBERSTADT CURLEY LLC By: Scott Rothman Attorney Identification No. 201478 Spring Mill Corporate Center 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff ORRSTOWN BANK v. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION—DECLARATORY RELIEF NO. 14 -5593 -Civil Term STEPHANIE D. BAER; and SCOTT K. RHINEHART Defendants. CERTIFICATE OF SERVICE I, Scott Rothman, hereby certify that I caused a true and correct copy of the foregoing Praecipe to Release Lis Pendens to be served via first class mail upon the following: Date: z--1 i Ms. Stephanie D. Baer 17 Franklin Avenue Flourtown, PA 19031 Samuel E. Wiser, Esquire Salzmann Hughes, P.C. 79 St. Paul Drive Chambersburg, PA 17201 HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney for Plaintiff