HomeMy WebLinkAbout05-6396ORRSTOWN BANK,
Plaintiff,
V.
JOHN S. VAYANOS,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. CC - e,3q1. CIVIL ACTION-LAW
ACTION IN EJECTMENT
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 an 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
ORRSTOWN BANK,
Plaintiff,
V.
JOHN S. VAYANOS,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. DS - t,34h CIVIL ACTION-LAW
ACTION IN EJECTMENT
COMPLAINT IN EJECTMENT
NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC
& SCHERER, and files the within Complaint in Ejectment and, in support thereof, sets forth the
following:
Plaintiff, Orrstown Bank ("Orrstown"), is a Pennsylvania corporation with its
principal place of business located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania 17257.
2. Defendant, John S. Vayanos ("Vayanos"), is an adult individual with a residence
address of 213 North Prince Street, Shippensburg, Cumberland County, Pennsylvania 17257.
3. The land subject to this action in ejectment is described as follows:
TRACT NO. 1: Parcel No. 36-33-1867-058
ALL that certain tract of land with the buildings thereon erected, situate in Shippensburg
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in North Prince Street, formerly known as Normal Avenue; thence by
land formerly of Emily Jamison, now or formerly of Marjorie E. Hosfeld, North 60 degrees East
26.5 perches to a post; thence by lands formerly of said Emily Jamison and John Hosfeld, now or
formerly of George W. Hosfeld, North 35 degrees West 21.1 perches, more or less, to an iron pin
on line of land formerly of Mary C. Harper, et al, now or formerly of W.A. Adams; thence by the
same, South 58 degrees West, 367 feet, more or less, to said North Prince street; thence by said
Street, South 26 1/2 degrees East, 345 feet, more or less, to the first mentioned point and place of
beginning.
LESS, HOWEVER, a tract of land which Hilton A. Russell and Dorothy O. Russell, his wife, by
Deed dated January 21, 1948, and recorded in Cumberland County Deed Book S, Vol. 13, Page
500, granted and conveyed to George W. Hosfeld and Marjorie E. Hosfeld, his wife.
CONTAINING in front on North Price Street 92 3/4 feet and extending in an even width of 93
feet, more or less.
RESERVING unto the said Hilton A. Russell and Dorothy O. Russell, his wife, their heirs and
assigns, the ful free liberty and right at all times hereafter and forever to have and use the existing
driveway or passageway extending diagonally in a southwesterly direction across the western
portion of the said lot hereby granted for any and all purposes connected with the use and
occupation of the Russells' other land adjoining the lot hereby granted.
TRACT NO. 2: Parcel No. 36-33-1867-058
BEGINNING at an iron pin on the southwestern side of a 14 foot public alley at line of land now
or formerly of Williams Addams; thence with the southwestern side of said public alley, North
53 degrees 01 minute 50 seconds East, 173.06 feet to a spike at line of land of The West End
Land Company of Shippensburg; thence with the same, South 42 degrees 20 minutes East,
276.53 feet to an iron pin at line of Parcel "B" of The West End Land Company of Shippensburg,
about to be conveyed to Sara Marjorie Hosfeld and Charlotte Joanne Tarpy; thence with the
same, South 55 degrees 43 minutes 27 seconds West, 148.81 feet to an iron pin at line of other
land now or formerly of Sara Marjorie Hosfeld and Charlotte Joanne Tarpy; thence continuing
with the same, South 55 degrees 43 minutes 27 seconds West, 50 feet to an iron pin at line of
land now or formerly of Hilton A. Russell; thence with the same, North 37 degrees 02 minutes 17
seconds West, 255.15 feet to an iron pin at line of land now or formerly of William Addams;
thence with the same, North 37 degrees 02 minutes 17 seconds West, 10.82 feet to an iron pin on
the southwestern side of a 14 foot public alley, the first mentioned point and place of beginning.
CONTAINING 50,233.32 square feet or 1.153 acres according to survey and draft of William A.
Brindle Associates, R.S., dated February 6, 1975 and revised August 25, 1975.
SAID two tracts being known as 213 North Prince Street, Shippensburg Township,
Shippensburg, Pennsylvania.
BEING the same premises which Dorothy O. Russell, by Deed dated August 6, 1981 and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Deed Book N, Vol. 29, Page 61, granted and conveyed unto John S. Vayanos and Evageline
Vayanos. The said Evangeline Vayanos, by Order of Court dated January 8, 2001 was removed
as owner of properties located at 213 North Prince Street and 36 South Queen Street,
Shippensburg, Pennsylvania pursuant to a Motion for Relief filed by John S. Vayanos in the
United States Bankruptcy Court for the Middle District of Pennsylvania.
4. Plaintiff is the fee owner of that certain real property located at 213 North Prince
Street, Shippensburg, Cumberland County, Pennsylvania.
5. The abstract of title upon which Plaintiff relies is as follows:
By Deed in Lieu of Foreclosure dated December 4, 2003 and recorded with the
Recorder of Deeds of Cumberland County, instrument number 2005-045715, Record Book
page et seq. which deed is incorporated herein by reference Plaintiff became the fee
owner of the property. A true and correct copy of the Deed in Lieu of Foreclosure is attached
hereto as Exhibit "A".
Plaintiff acquired an interest in the property through a mortgage granted by
Defendant as mortgagor dated January 26, 2001 recorded with the Recorder of Deeds of
Cumberland County at Record Book 1667, page 176, et seq., which mortgage is incorporated
herein by reference. A true and correct copy of said mortgage is attached hereto as Exhibit "B".
Defendant along with his former wife, Evangeline Vayanos, acquired his interest
in the property by deed dated August 6, 1981 recorded with the Recorder of Deeds of
Cumberland County at Deed Book N, Vol. 29, Page 61, et seq., which deed is incorporated
herein by reference.
By Order of Court dated January 8, 2001, Evangeline Vayanos was removed as
owner of the property, said Order being filed of record with the Recorder of Deeds of
Cumberland County which Order is incorporated herein by reference.
6. Since December 6, 2005, the Defendant has been in possession of the above-
described real property and has at all times subsequent thereto withheld, and still does withhold,
the possession thereof from Plaintiff.
WHEREFORE, Plaintiff prays judgment against Defendant granting Plaintiff possession
of the above-described real property, costs and such further relief as may be just.
Respectfully submitted,
O'B EN,, BARI & S"EO
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/orrstownba nk/vayanos/e j ectm ent. pld
VERIFICATION
I verify that the statements made in the foregoing Complaint In Ejectment are true and
correct to the best of my knowledge, information and belief. This verification is signed by David
A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff,
as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will
be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to
sign said verification. I undersigned that false statements herein are made subject to penalties of
18 Pa.C.S. §4904, relating to unworn falsificati s to authorities.
David A. Baric, Esquire
Dated: ?? ?? ? ?
(? THIS DEED
MADE THE 4 day of ,?Q.> in the year of our Lord Two Thousand Three
(2003).
BETWEEN JOHN S. VAYANOS, adult man of 213 North Prince Street, Shippensburg,
Cumberland County, Pennsylvania,
hereinafter Grantor
AND ORRSTOWN BANK, a Pennsylvania Corporation with its principal place of
business located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania,
hereinafter Grantee
WITNESSETH, that the Grantor, for and in consideration of the sum of One and 00/100
Dollars ($1.00), lawful money of the United States of America, unto Grantee well and
truly paid by the Grantee, at and before the sealing and delivery of these presents, the
receipt whereof is hereby acknowledged, the Grantor has remised, released and quit-
claimed, and by these presents does remise, release and forever, quit-claim unto the
said Grantee, its heirs, assigns and successors:
TRACT NO. 1:
ALL that certain tract of land with the buildings thereon erected, situate in Shippensburg
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in North Prince Street, formerly known as Normal Avenue;
thence by land formerly of Emily Jamison, now or formerly of Marjorie E. Hosfeld, North
60 degrees East 26.5 perches to a post; thence by lands formerly of said Emily
Jamison and John Hosfeld, now or formerly of George W. Hosfeld, North 35 degrees
West 21.1 perches, more or less, to an iron pin on line of land formerly of Mary C.
Harper, at al, now or formerly of W.A. Addams; thence by the same, South 58 degrees
West, 367 feet, more or less, to said North Prince Street; thence by said Street, South
26 1/2 degrees East, 345 feet, more or less, to the first mentioned point and place of
beginning.
LESS, HOWEVER, a tract of land which Hilton A. Russell and Dorothy O. Russell, his
wife, by Deed dated January 21, 1948, and recorded in Cumberland County Deed Book
S, Vol. 13, Page 500, granted and conveyed to George W. hlosfeld and Marjorie E.
Hosfeld. his wife.
EXHIBIT "A"
12/03/2003 15:13 7172495755 OBS PAGE 14
CONTAINING in front on North Prince Street 92 3/4 feet and extending in an even
width of 93 feet, more or less.
RESERVING unto the said Hilton A. Russell and Dorothy O. Russell, his wife, their
heirs and assigns, the full free liberty and right at all times hereafter and forever to have
and use the existing driveway or passageway extending diagonally in a southwesterly
direction across the western portion of the said lot hereby granted for any and all
purposes connected with the use and occupation of the Russells' other land adjoining
the lot hereby granted.
TRACT NO. 2:
ALL that certain tract of land known as Parcel "A", situate in Shippensburg Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin on the southwestern side of a 14 foot public alley at line of
land now or formerly of William Addams; thence with the southwestern side of said
public alley, North 53 degrees 01 minute 50 seconds East, 173.06 feet to a spike at line
of land of The West End Land Company of Shippensburg; thence with the same. South
42 degrees 20 minutes East, 276.53 feet to an iron pin at line of Parcel "B" of The West
End Land Company of Shippensburg, about to be conveyed to Sara Marjorie Hosfeld
and Charlotte Joanne Tarpy; thence with the same, South 55 degrees 43 minutes 27
seconds West, 148.81 feet to an iron pin at line of other land now or formerly of Sara
Marjorie Hosfeld and Charlotte Joanne Tarpy; thence continuing with the same, South
55 degrees 43 minutes 27 seconds West, 50 feet to an iron pin at line of land now or
formerly of Hilton A. Russell; thence with the same, North 37 degrees 02 minutes 17
seconds West, 255.15 feet to an iron pin at line of land now or formerly of William
Addams; thence with the same, North 37 degrees 02 minutes 17 seconds West, 10.82
feet to an iron pin on the southwestern side of a 14 foot public alley, the first mentioned
point and place of beginning.
CONTAINING 50,233.32 square feet or 1.
William A. Brindle Associates, R.S., dated
1975.
153 acres according to survey and draft of
February 6, 1975 and revised August 25,
SAID two tracts being known as 213 North Prince Street, Shippensburg Township,
Shippensburg, Pennsylvania.
BEING the same premises which Dorothy 0. Russell, by Deed dated August 6, 1981
and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book N, Vol. 29, Page 61, granted and conveyed unto John S.
Vayanos and Evangeline Vayanos. The said Evangeline Vayanos, by Order of Court
dated January 8, 2001 was removed as owner of properties located at 213 North Prince
Street and 36 South Queen Street, Shippensburg, Pennsylvania pursuant to a Motion
for Entry of Default Judgment filed by John S. Vayanos in the United States Bankruptcy
Court for the Middle District of Pennsylvania.
12/03/2003 15:13 7172495755 DBS PAGE 15
THIS conveyance is a deed in lieu of foreclosure and therefore is tax exempt.
TOGETHER with all and singular, the tenements, hereditaments and appurtences to
the same belonging, or in anywise appertaining, and the reversion and reverrsions,
remainder and remainders, rents, issues and profits thereof; and also, all the estate,
right, title, interest, property claim and demand whatsoever, both in law and equity, of
the said Grantors, of, in to or out of the said premises, and every part and parcel
thereof.
TO HAVE AND TO HOLD the said premises, with all and singular the appurtences,
unto the said Grantee, its heirs and assigns, to and for the only proper use and behoof
of the said Grantee, its heirs, assigns and successors forever.
The parties hereto expressly agree that the mortgage of record between the parties
shall not merge with or be deemed satisfied by this conveyance or the recording of this
Deed. Grantee and Grantor agree that Grantee reserves the right to proceed with an
action in mortgage foreclosure and a Sheriffs Sale of this property on the mortgages of
record in the event any junior liens may exist as of the time Grantee may seek to sell or
convey the property interest acquired herein.
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day
and year first above written.
SIGNED, SEALED AND DELIVERED IN
THE PRESENCE OF:
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
(seal)
John S., ayanos
On this, the ?' day of 2003, before me, the
undersigned officer, personally appeared John S. Vayanos known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed same for the purposes therein
contained.
In witness hereof, I hereunto set my hand and official seal.
Notww8ew
bop 0o t, FrerddM c?,o? *
1*0wm lsslon HxW" Apr.27, 2004
MW O ,, FORNOW-ft AwodOmd NoUrW
12/03/2003 15:13 7172495755 OBS PAGE 16
CERTIFICATE OF RESIDENCE
I do hereby certify that the precise residence and complete post office
address of the within named grantee is 77 East King Street, Shippensburg,
Pennsylvania 17257.
2003.
Attorney for Grantee
OBRIEN, SARIC d SCHERER
1TWEsTS6UTHsTREET
CARLISLE, PENNSYLVANIA 17013
REV-183 FJ(111-04)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
PO BOX 280603
REALTY TRANSFER TAX.
STATEMENT OF VALUE
See Reverse for Instructions
Complete each section and file in duplicate with Recorder of Deeds when (1) the full valuelconsideration is not set forth in the deed, (2) when the
deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from
tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s).
A CORRESPONDENT - All inquiries may be directed to the following person:
Name Telephone Number:
David A. Baric, Esquire (717) 249-6873
Street Address City State Zip Code
19 West South Street Carlise PA 17013
Grantor(s)ILessor(s) Grantee(s)/Lessee(s)
John S. Vayanos Orrstown Bank _
Street Address Street Address
213 North Prince Street 77 East King Street _
City State Zip Code City State Zip Code
Shi nsbur PA 17257 Shi ensbur PA 17257
C. PROPERTY LOCATION
Street Address City, Township, Borough
213 North Prince Street Shippensburg Township
County School District Tax Parcel Number
Cumberland Shippensburg Area School District 36-33-1867-058
D. VALUATION DATA
1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration
1.00 +0.00 = 1.00
4. County Assessed Value 5. Common Level Ratio Factor 6. Fair Market Value
240 960.00 X 1.00 = 240 960.00
E. EXEMPTION DATA
Ia. Amount of Fxemption Claimed 1b. Percentage of Interest Conveyed
100%
2. Check Appropriate Box Below for Exemption Claimed
? Will or intestate succession
(Name of Decedent) (Estate File Number)
? Transfer to industrial Development Agency.
? Transfer to a trust. (Attach complete copy of trust agreement identifying ail beneficiaries.)
? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu
of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.)
® Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number 1667 Page Number 176
? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.)
? Statutory corporate consolidation, merger or division. (Attach copy of articles.)
? Other (Please explain exemption claimed, if other than listed above.)
Date of Deeds being more than thirty days prior to the date of recording.
Under penalties of law, 1 declare that 1 have examined this Statement, including accompanying information, and to the best
of my knowledge and belief, it is true, correct and complete.
Signet ur of Correspondent or Rgsppnsib Party Date
RECORDER'S USE ONLY
State Tax Paid
Book Number
Page Number
Date Recorded
FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE (DOCUMENTATION MAY RESULT IN
THE RECORDER'S REFUSAL TO RECORD THE DEED.
77 East King Street
Shippensburg, PA 17257
WHEN RECORDED MAIL TO:
ORRSTOWN BANK
P.O. Box 250
77 East King Street
Shippensburg, PA 17257
,_,/ bkl(LAND COUNTY-PA
POI A 31 H(111 31
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE (
MORTGAGE
THIS MORTGAGE IS DATED JANUARY 26, 2001, between JOHN S. VAYANOS, whose address is 213 N. PRIt
ST., SHIPPENSBURG, PA 17257 (referred to below as "Grantor"); and ORRSTOWN BANK, whose addres:
P.O. Box 250, 77 East King Street, Shippensburg, PA 17257 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms
mortgages to Lender all of Grantor's right, title, and Interest in and to the following described real property, together with all existing or subsequ
erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all libe
privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions
remainders with respect thereto; all water, water rights, watercourses and ditch rights (Including stock in utilities with ditch or irrigation rights); at
other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, [Oct
in CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"):
SEE ATTACHED
The Real Property or its address is commonly known as 213 N. PRINCE STJ36 S. QUEEN ST., SHIPPENSBU
PA 17257.
Grantor presently assigns to Lender all of Grantor's right, title, and Interest in and to all leases of the Property and all Rents from the Property
addition, Grantor grants to Lender a Uniform Commercial Code security interest In the Personal Property and Rents.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage
have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful mom
the United States of America.
Grantor. The word "Grantor" means JOHN S. VAYANOS. The Grantor is the mortgagor under this Mortgage
Guarantor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parti
connection with the Indebtedness.
Improvements. The word "Improvements" means and Includes without limitation all existing and future improvements, buildings, struct
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal and Interest payable under the Note and any amounts expended or advance
Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together
interest on such amounts as provided in this Mortgage.
Lender. The word "Lender' means ORRSTOWN BANK, its successors and assigns. The Lender Is the mortgagee under this Mortgage.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and includes without limitation all assignments and sec
interest provisions relating to the Personal Property and Rents.
Note. The word "Note" means the promissory note or credit agreement dated January 26, 2001, in the original principal amount
$200,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of,
substitutions for the promissory note or agreement. The maturity date of this Mortgage is January 31, 2002. NOTICE TO GRANTOR: THE N,
CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter ov
by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacement
and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunc
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the property, interests and rights described above in the "Grant of Mortgage" section.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements,
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements
documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from
Property.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTI
GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER l
MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Morli
as they become due, and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed b1
following provisions:
Possession and Use. Until in default, Grantor may remain in possession and control of and operate and manage the Property and collet
Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and malnlene
necessary to preserve Its value.
Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in
Mortgage, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 198(
amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Supedund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-
("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.
Section 6901, at seq., or other applicable state or Federal laws, rules, or regulation; adopted pursuant to any of the foregoing. The It
"hazardous waste" and "hazardous substance" shall also Include, without limitation, petroleum and petroleum by-products or any fraction the
and asbestos. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Property, there has beer
use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person
under, about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclose
and acknowledged by,Lender In writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of
hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (fl) any actut
threatened litigation or claims of any kind by any person relating to such matters; and (c:) Except as previously disclosed to and acknowledge(
Lender in writing, (i) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufact
store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Properly and (it) any such activity shal
noa1667Por d76 EXHIBIT "B"
01•=26-200 MORTGAGE Page 2
Loan No (Continued)
conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation those laws,
regulations, and ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and,
tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any
inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the
part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against
Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to
indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or
indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture,
storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the
Mortgage, including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of
this Mortgage and shall not be affected by Lender's acquisition of any interest In the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nalsanoe nor cord permit, or suffer any stripping gt or wattle gn or to the
Plupefly of any pdAldrf bill the Properly. Wllhdul Ilmlfing fhe generality of the foregoing, Grantor will not remove, or grant to any other party the
right to remove, any timber, minerals (Including oil and gas), soil, gravel or rock products without the prior written consent of Lender.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of
Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace
such Improvements with Improvements of at feast equal value.
Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law,
ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in
writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts
set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Mortgage upon the
sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any Interest in the Real Property. A "sale or
transfer" means the conveyance of Real Property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary or
involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three
(3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or
by any other method of conveyance of Real Property interest. If any Grantor is a corporation, partnership or limited liability company, transfer also
includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests,
as the case may be, of Grantor. However, this option shall not be exerclsed by Lender if such exercise is prohibited by federal law or by Pennsylvania
law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Mortgage.
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges
and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services
rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the Interest of
Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as otherwise provided in the following paragraph.
Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to
pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen
(15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if
requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient
to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In
any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any
materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services,
or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the
cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such
form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a
stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing
any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that
coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real
Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood
hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance of the loan and any prior liens on
the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by
Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor
fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its election, apply the proceeds
to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to
apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to
Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair
or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and
which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this
Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds
any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor.
Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this
Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, of at any foreclosure sale of such Property.
EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage, or if any action or proceeding is commenced that would
materially affect Lender's interests in the Property, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender deems
appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for in the Note from the date incurred or paid by
Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the
Note and be apportioned among and be payable with any installment payments to become clue during either (1) the term of any applicable insurance
policy or (ii) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This
Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies
to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender
from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage
foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage.
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all liens and
encumbrances other than those set forth in the Real Property description or In any title insurance policy, title report, or final title opinion Issued In
favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver
this Mortgage to Lender.
BOON16E17 PACE 177
01-26-2001 - MORTGAGE .. Page 3
Loan No (Continued)
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property, against the
lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this
Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or
cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
CONDEMNATION. The following provisions relating to condemnation of the Property are it part of this Mortgage.
Application of Net Proceeds. If as or any part of the Property is condemned by emnnent domain proceedings or by any proceeding or purchase
in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and
attorneys' fees incurred by Lender in connection with the condemnation.
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify lender in writing, and Grantor shall promptly take such
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to
be delivered to Lender such instruments as may be requested by it from time to time to permit such participation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees
and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action Is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all
taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Mortgage, including without limitation all
taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (a) a specific tax upon this type of Mortgage or upon ail or any part of
the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Granllor is authorized or required to deduct from payments on the
Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and
(d) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same
effect as an Event of Default (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided
below unless Grantor either (a) pays the tax before It becomes delinquent, or (b) contests the tax as provided above in the Taxes and Lions
section and deposits with Lender cash or a sufficient corporate Surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this
Mortgage.
Security Agreement. This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal
property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property
records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this
Mortgage as a financing statement. Grantor shall reimburse Lender for all expense's incurred in perfecting or continuing this security interest.
Upon default, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it
available to Lender within three (3) days after receipt of written demand from Lender.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Mortgage.
FURTHER ASSURANCE; ADDITIONAL AUTHORIZATION. The following provisions relating to further assurances and additional authorization are a
part of this Mortgage.
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, rattled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates,
and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or
preserve (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and security interests
created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law
or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters
referred to in this paragraph.
Additional Authorization. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do
all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is
understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this
Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing
statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Mortgage:
Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or Insurance, or any
other payment necessary to prevent filing of or to effect discharge of any lien.
Compliance Default. Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or in
any of the Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Mortgage, the
Note or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
Detective Collaterallzation. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral
documents to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of 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
taws by or against Grantor.
Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or
any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, this subsection shall not apply
in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeiture
proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to
Lender.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied
within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or other obligation of Grantor tp
Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at its option, may, but
shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory
to Lender, and, in doing so, cure the Event of Default.
Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a. breach of the same provision of this Mortgage within the
preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If tFIQCIIto requires more than fifteen (15) days, Immediately
BOON 1667 175
01-26-2001 MORTGAGE Page a
Loan No (Continued)
initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender, at its option, may exercise
any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Subject to applicable law, Lender shall have the right at its option without notice to Grantor to declare the entire
Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under
the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, Including amounts
past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender
may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender,
then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same
and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the
payments are made, whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either in
person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a
substantial amount. Employment by Lender shall not disqualify a person from serving its a receiver.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of
the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately
upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the property marshalled. In
exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate
sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after
which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law,
reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.
Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the
party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not
exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage
after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover
such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action Is involved, all
reasonable expenses incurred by Lender that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of
its rights shall become a part of the Indebtedness payable on demand and shall bear interest from the date of expenditure until repaid at the rate
provided for in the Note. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law,
Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings
(including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post-judgment collection services, the cost of
searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, and title insurance, to the extent
permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in writing,
may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally
recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, certified or registered mail,
postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this
Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of
notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning
of this Mortgage. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. This
Mortgage shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time
held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Severabtlity. If a court of competent jurisdiction finds any provision of this Mortgage to be invalid or unenforceable as to any person or
circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such
offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be
so modified, it shall be stricken and all other provisions of this Mortgage in all other respects shall remain valid and enforceable.
Successors and Assigns. Subject to the limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shell be binding upon
and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested
in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the
Indebtedness.
Time Is of the Essence. Time is of the essence in the performance of this Mortgage
Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless
such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of
such right or any other right. A waiver by any party of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's right
otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between
Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenever
consent by Lender is required in this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to
subsequent instances where such consent is required.
BOud6617 PAGE 1 79
01-26-2001 MORTGAGE
Loan No (Continued)
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
X
Witness
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, 6 rein is as Moll
P.O. Box 250, 77 East King Street, Shippensburg, PA 17257
INDIVIDUAL
STATE Ode n/i?'?f?n/i )
) as
COUNTY OF l? L//X A L°?Qe
On this, th?7 day of .9ruc.? 20 before me i
iersigned Not 9(y Public, personally appeared JOH S. VAYANOS, known to me (or
(scribe ,tpll(1e Nft ument, and acknowledge that he or she executed the same for
l r•••vl
In?.?r Tngsgw gA.,rj ilitilrto set my hand and official seal. \
Page 5
/Sot/
a the person
and for the State of
All
Notarial Seal
Peggy A. Gilson, Notary Public
61111"Commission ppnnsburg Boro, Cumberland County
Expires Aug. 31, 2004
Member, NennsyMmlaAssociabonoi Nolarlea
the
name is
BOOK16671"ACt 180
Signed, acknowledged and delivered In the presence of:
TRACT 1 1
ALL that certain tract of land with the buildings thereon erected, situate In
Shippensburg Township, Cumberland County, Pennsylvania, bounded and described as
follows ? ,
BEGINNING at a point in North Prince Street, formerly known as Normal Avenue; thence
by land formerly of Emily Jamison, now of Marjorie E. Hosfeld, North 60 degrees East
26.5 perches to a post; thence by lands formerly of said Emily Jamison and John
iloafeld, now or focmerly of.Ceorge W. llosfeld, North 15 degrees West 21.1 perches,
more or less, to an iron pin on line of land formerly of Macy C. Harper, et al, now
or focmerly W. A. Addams; thence by the same South 58 degrees West 367 feet, mace
or less, to said north Prince Street; thence by said street South 26 132 degrees
East 345 feet, more or lese, to the first mentioned point and place of BEGINNING.
LESS, 11g4EVF.R, 6 -tract of land which Hilton h. Russell and Dorothy O. Russell, his
wife, by deed dated January 21, 1948, and recorded in Cumberland County Deed Book
"S", Volume 13, page 500, granted and conveyed to George W. 11osfeld and Marjorie E.
Hosfeld, his wife. r'Ot4TAINiNG in front on North Prince Street 92-334 feet and
extending in even width of 93 feet, more or less; RESERVING unto the said Hilton A.
Russell and Dorothy O. Russell, his wife, their heirs and assigns, the full free
liberty and right at all times hereafter and forever to have and use the existing
driveway or passageway extending diagonally in a Southwesterly direction across the
Western portion of the said lot hereby gcantO for any and all purposes connected
with the use and occupation of the Russells' other land adjoining the lot hereby
gcanted.
TRACT 1 2
ALL that certain tract of land known as Parcel "A", situate in Shippensburg
Township, Cumberland County, Pennsylvania, bounded and described as follows:--
BEGINNING at an icon gin on the Southwestern side of a 14 foot public alley at line
of lend formerly of William Addama; thence with the Southwestern side of said publle
alley North 51 degrees 1 minute 50 seconds East 173.06 feet to a spike at line of
land of The Best End Land Company of Shippensbucg; thence with the same South 42
degrees 20 minutes East 276.53 feet to An iron pin at line of Parcel 'B" of The West
End Land Company of Shippensburg, about to be conveyed to Sara Marjorie llosfeld and
Charlotte Joanne Tacpy; thence with the same South 55 degrees 43 minutes 27 seconds
West 148.81 feet to an iron pin at line of other land of Sara Marjorie llosfeld and
charlotte Joanne Tacpy; thence continuing with the same South 55 degrees 43 minutes
27 seconds West 50 feet to an iron pin at line of land of Itilton A. Russell; thence
with the same Vocth 37 degrees 2 minutes 17 seconds West 255.15 feet to an icon pin
At line of land focmerly of William Addams; thence with-the same North 37 degrees
2 minutes 17 seconds West 10.82 feet to an icon pin on the southwestern aide of
14 toot public alley, the first mentioned point and place of BEGINNING. CONTAINING
50,233.32 square feet or 1.153 acres according, to survey and draft Of William A.
Brindle AssocldCes, R.S., dated February 6, 1975 and revised August 251 1975.
SAID TWO TRACTS being known as 213 North Prince Street, Shippensburg Township,
Shippensbucg, Penna.
eoux16671 WE &81-
% 3: 3334
ALL that certain lot of ground with the buildings end imptovements thereon erected,
situnte on the corner of Orsnge and Queen Streets in the Borough of Shippensburg,
Cumberland County. Pennsylvania, bounded and described as follows:
ON the F.net by Queen Street; on the North by property formerly of Mrs. Ems $severe,
how or formerly of Party W. Fatner; on the West by property formerly of John 1.
Boher, now or formerly of William A.• Varner; on the South by Orange Street. Said lot
hnving a frontage on Queen Street of fifty (50) feet, more or lees, and an even depth
of seventy-five (75) feet, sore or less.
KNOWN as No. 36 South Queen Street. _
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ORRSTO WN BANK,
Plaintiff
V.
JOHN S. VAYANOS and
MATTHEW LYNCH,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-6396 CIVIL TERM
CIVIL ACTION
IN EJECTMENT
PRAECIPE TO INDEX PERSON IN POSSESSION
AS DEFENDANT PURSUANT TO Pa.R.C.P. 410(b)(2)
TO: CURTIS LONG, PROTHONTARY
Please index Mathew Lynch, an adult individual residing at 213 North Prince Street,
Shippensburg, Cumberland County, Pennsylvania as a party to this action pursuant to Pa.R.C.P.
410(b)(2).
Very truly yours,
O'BRIEN, BARIC & SCHERE
G?
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for ;Plaintiff,
Orrstown Bank
r
CERTIFICATE OF SERVICE
I hereby certify that on January / , 2006, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Index Person In Possession As Defendant Pursuant To
Pa.R.C.P. 410(b)(2), by first class U.S. mail, postage prepaid, to the parties listed below, as follows:
John S. Vayanos
213 North Prince Street
Shippensburg, Pennsylvania 17257
Matthew Lynch
213 North Prince Street
Shippensburg, Penn lvania 17257 ?/
David A. Baric, Esquire
t > ""'
c C
-n
C... r a
G._ -'
G"
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-06396 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VAYANOS JOHN S
VS
SHANNON SHERTZER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
VAYANOS JOHN S
DEFENDANT
the
at 1510:00 HOURS, on the 27th day of December , 2005
at 213 NORTH PRINCE STREET
SHIPPENSBURG, PA 17257 by handing to
MATHEW LYNCH
a true and attested copy of COMPLAINT - EJECTMENT together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 19.20
Postage .37
Surcharge 10.00
.00
47.57
Sworn and Subscribed to before
Prot So Answers:
me this day of
A.D.
4 v4ar
R. Thomas Kline
12/28/2005
OBRIEN BARK SCHERER.
By:
Deputy Sheriff
was served upon
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-06396 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
VAYANOS JOHN S
SHANNON SHERTZER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
OCCUPANT the
DEFENDANT at 1510:00 HOURS, on the 27th day of December , 2005
at 213 NORTH PRINCE STREET
SHIPPENSBURG, PA 17257 by handing to
MATHEW LYNCH, OCCUPANT
a true and attested copy of COMPLAINT - EJECTMENT - together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this day of
? v(f A, D,
Pr not y
So Answers:
R. Thomas Kline
12/28/2005
OBRIEN BARIC SCHERER
By:
k
Deputy Sherif
CASE NO: 2005-06396 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
VAYANOS JOHN S
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
VAYANOS JOHN S the
DEFENDANT at 1028:00 HOURS, on the 4th day of January , 2006
at 213 NORTH PRINCE STREET
IPPENSBURG, PA 17257 by handing to
JOHN VAYANOS
a true and attested copy of COMPLAINT - EJECTMENT - together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6 .00
Service 17 .60
Affidavit .00
Surcharge 10 .00
.00
33 .60
Sworn and Subscribed to before
me this It day of
ova(, A.D.
Pro ota
So Answers:
R. Thomas Kline
01/05/2006
OBRIEN BARIC SCHERER
By _--2? ?
DepuC
'y Sheriff
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumbertanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
(7, - L 3 9?o CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -- THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573