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HomeMy WebLinkAbout02-0958KEYSTONE FINANCIAL BANK N.A. Plaintiff VS. HENRY E. WENGER JANE H. WENGER Defendants IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIl. ACTION LAW CIVIl. TERM 2002 CONFESSION OF JUDGMENT Pursuant to the Warrant of Attorney contained in the aforementioned Mortgage, the original or copy of which is attached to the Complaint f'ded in this action, I appear for the Plaintiff and confess judgment in favor of Plaintiff and against the Defendants Henry E. Wenger and Jane H. Wenger, as follows: Principal $ 4,192.97 Interest to 2-20-02 $ 932.94 Late Charges $ 9.98 Attoruey's Fees $ 513.59 TOTAL $ 5,649.48 with interest from February 20, 2002, on the principal sum of $ 4,192.97 at the rate of 8.750% per annum. Dated: ~ - ~-~'~----- Respectfully submitted, Duncan & PA ID # 22080 Attorney for Plaintiff KEYSTONE FINANCIAL BANK N.A. Plaintiff VS. I~F~NRY E. WENGER JANE H. WENGER Defendants IN TIIF~ COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW CIVIL TERM 2002 COMPLAINT FOR JUDGMENT BY CONFESSION PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 2951, ET SEQ. Plaintiff, Keystone Financial Bank, N.A., by its attorney, William A. Duncan, t'des this Complaint in Confession of Judgment. 1. Plaintiff, Keystone Financial Bank, N.A., is a Pennsylvania banking Corporation existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 1415 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Defendants are Henry E. Wenger and Jane H. Wenger, with a last known address of 926 Williams Grove Road, Mechanicsburg, PA 170~5. 3. On or about July 16, 1998, Defendants, Henry E. Wenger and Jane H. Wenger entered into a Mortgage in favor of Plaintiff, Keystone Financial Bank, N.A., in the original principal amount of Nine Thousand Six Hundred Forty-five and 22/100 ($9,645.22) Dollars. A true and correct copy of the Mortgage, which contains the Warrant of Attorney upon which this judgment is confessed, is attached hereto as Exhibit "A" and is a part hereof. 4. Defendants Henry E. Wenger and Jane H. Wenger, has defaulted in this obligation under the Mortgage by failing to make her October 2001, November 2001, December 2001, January 2002, and February 2002 payments of principal and interest due thereunder the terms of said Mortgage. 5. Pursuant to the Mortgage, judgment may be entered against Defendants Henry E. Wenger and Jane H. Wenger, for all monies due without notice or demand. 6. Pursuant to the Mortgage, and by reason of Defendants Henry E. Wenger and Jane H. Wenger's default, the following amounts are currently due and owing Plaintiff Keystone Financial Bank, N.A., by Henry E. Wenger and Jane H. Wenger, Defendants. Principal Amount to date: Interest Accrued and unpaid through February 20, 2002 Late Charges Attorney's Fee's Pursuant to the terms of the Note $ 4,192.97 $ 932.94 $ 9.98 $ 513.59 TOTAL $ 5,649.48 In an event of a petition to strike or open this judgment is f'fled. Plaintiff Keystone Financial Bank N.A. reserves the right to have interest and attorney's fees brought current. 7. There has been no assignment of the Mortgage. 8. Judgment has not been entered on the Mortgage in any other jurisdiction. 9. Pursuant to the Mortgage, $ 5,649.48 is currently due and owing Plaintiff Keystone Financial Bank, N. A. from Defendants Henry E. Wenger and Jane H. Wenger, and Defendants Henry E. Wenger and Jane H. Wenger, have failed to pay the amount due. WHEREFORE, Plaintiff Keystone Financial Bank, N.A. request that judgment be entered in its favor and against Defendants Henry E. Wenger and Jane H. Wenger, in the sum of $5,649.48 and all costs of suit. By: ///~~ Attorney for Plaintiff VERIFICATION I, Keith Mangan, hereby verify that I am Assistant Vice President ofM & T Bank, that I make this verification being authorized to do so, and the facts set forth in the foregoing Complaint are tree and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Keith Mangan Assistant Vice President M& T Bank CERTIFICATION OF COMME~RCIAL TI~,NSACTION I, Keith Mangan, hereby verify that I am Assistant Vice President of M& T Bank, and, as such, duly authorized representative ofM & T Bank deposes and says subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities that the underlying transaction relative to this Complaint in Confession of Judgment is a commercial transaction to the best of his knowledge, information and belief. Assistant Vice President M& TBank WHEN RECORDED MAIL TO: r. Jo Keystone Loan Operations ATTN: Collateral Dept. 130 Corlrt Street, Po Box 3187 Willler~, PA 17701 MORTGAGE '98 JUL 21 ¢,¢t 10 50 THIS MORTGAGE IS DATED' JULY 16, 1998, between Henry E. Wenger and Jane H. Wenger, whose address is 926 William8 Grove Road, Mechanic~burg, PA 17055 (referred to below a8 "Grantor"); and Finenclai Trust Company, whose addrese is One West High Slreet, Carlisle, PA 17013 (referred to below se 'Lender")~ GRANT OF MORTGAGE. For valuoble conatderatlon, Graltt0r grants, bergalns, sells, conveYs, _~=~__gn., transfers, releases, confilm$ and mor~ te Lender ali of Grentor's dght, title, end interest in and to the foliowing described real Properly, together with eli existing or subsequently erected or affixed buildings, improvements end ffldurea; eli streets, lanes, alleys, passages, and ways; all easements, rights of way, ali liberties, P~ivileges, tenements, heredltsments, and appurtenances thereunto belonging or anywise .made appurtenant hereafter, and the reversions end remainders with respect theretO; all water, water rights, watercourses end ditch rights (including Stock in utilities with ditch or irrigation righis); and all other dghte, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, located in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"): SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY RFERENCE The Real Property or its address is commonly known se 926 Williams Grove Road, MechanicM~urg, PA 17055. Grantor presently assigns to Lender all of Granfor's dght, title, and interest in and to all leases of the Prof~erty end all Rents from the PrRoerly. In add'~on, Grantor grants to Lender a Uniform Commercial Code security interesl in the Personal Properly and Rents. DEFINITIONS. The following words shali have the foliowing meanings when used in this Mortgage. Terms not otherwise defined in this Modgaga shall have the meanings altfibuted tO such terms in the Uniform Commercial Coda. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Bo~owor. The word "i~orrowe¢' means each end every person or entity signing the Note, including without tire,lotion H. Edward Wenger. Grantor. The word "Grantor" means any and all persons and entiliec executing this Morigage, Including without limitation ali Grantors named above; The Grantor is the mortgagor under this Mortgaga~ Any Grantor who signs this Mortgage, but d°es not sign the Note, is signing this Mo~gaga only to grant and conVey that Grantogs interest in Ihe Real Properly and to grant s security interest in Grentor's interest in the Rents and Personal Property to Lender and is not personally liable under the Note except as othem~ue provided by contract Or law. Gueranlor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and acc0mmodaiton parties in connection with the indebtedness. Improvements. The word "Improvements' means and includes without limitation ali existing and future improvements, build, ings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other conslruction on the Real Property. ; '. Indeblednese. The word "Indabtsdness" means all pdncipel and interest payable under the Note and any amounts expended Or advanced by Lender to discharge obligations of Grantor or expenses Incurred by Lender to enforce obligations of Grantor under this Mortgage, together with interest on such amounts as provided in this Mortgage. In addition fo the Note, the word "Indebtedness" includes eli obligations, debts and liabilities, plus Interest thereon, of Borrower to Lender, or any one or mere of them, as well as eli claims by Lender a?inst Borrower, or any One or more of them, whether now existing or hereafter adsing, whether related or unrelated to the purpOSe of the Note, whether voluntary or othem~se, whether due or not due, absolute or contingent, liquidated or unliquidated and whether Bonower may be liable individually or jointly with others, whether obligated as guarantor or otherwise, and whether recovery upon such Indebtedness may be or hereafter may bec~.:.:~....d...:~¥ any slatuts of limitations, and whether such indebtedness may be or hereafter may become othemdse unenforceable. (Inl~at Here ~iii~i!~iiii!ii~i!i!i[i~i!~i?iiii? ) Lender. The word "Lender" means Financial Trust Company, its successors and assigns. The Lender is the mortgagee under this Mortgage. Mortgage. The word "Mortgage" means this Mortgage botwecn Grantor and Lender, and includes without limitation ali assignments and security interest provisions relating to the Personal ProPerty and Rents. Note. The word 'Note" means the promissory note or credit agreement dated July 16, 1998, in the original principal amount of $9,645,22 Imm Borrower to Lender, together with all renewals of, extensions of, modifications of, raflnancings Of, consolidations of, and substitutions for the promissory note or agreament. Personal Property. The words "Personal Property" mean all equipment, tixtures, and other adicles of personal property now or hereafter owned by Grantor, and now or hereafter eltachod or affixed to the Real Properly; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance prOceeds and refunds of premiums) from any sale or other disposition of the Properly. ProI~Uy. The word "Propedy'"means cOllectively the Real Property and the Personal Properly. 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 agresmente, loan SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY o7-16-1998 MORTGAGE (Continued) Page 2 agreements, environmental agreements, guaranties, secudty agreements, mortgages, deeds of trust, and all Other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Properly. THIS MORTGAGE, I#Ct. UDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONA/. PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE REI.A! P.u DOCUMENTS. 'THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives ail rights or defenses arising by reason of any "one action" or "anlt-deflclancy" law, or any other taw which may prevent Lender from bdnging any action egainsl Grantor, including a claim for deticlency to the extent Lender is ofhorwiea entitled to a claim for deficiency, before or affa~ Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at Borrower's request and nol at the request of Lender; (b) Granfor has the full power, right, and authority to enter into this Morlgege and to hypothecate ihs Properly; (c) the provisions of this Modgege do not contiict with, or result in a default under any agreement or other instrument binding upon Grantor and do not fesuti in a violation of any law~ regulation, court decree or order' applicable Io Grant'or; (d) Granlor has established adequate means of obtaining from Borrower on a continuing basis information about Bon~owor's financial condition; and (e) Lender has made no repreSentation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). PAYMENT AND PERFORMANCE. Except as ofhenvtse provided in this Mortgage, Borrower shell pay to Lender all Indebtedness secured by this Mortgage as it becomes due~ and Borrower and Grantor shall strictly perform all their respective obligalions under this Modgage? POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor and Borrower agree that Grantor's possession and use of the Pr°perty shall be governed by the following provisions: Po__~?___~on. and U~e. Until in default, Grantor may remain in pessession and control of and opera, fa and menage the Properly and collect the Rents Irem the Prpperty. Duty !0 Maintain. Grantor shall maintain the Property in tenantable condition and prompfiy pedorm all repairs, replacements, and maintenance necessary to preserve its value. H-~doue Sutl~stances, The terms "hazardous waste,' "hazardous subsfance," "disposal," "release," and "threatened release," as used in this Mortgage, shell have the same meanings as eat fon*h in the Comprehensive Environmental Rasponea, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, el seq. ("CERCLA"), the Superfund Amendments and Reeuthorization Act of lcj86, Pub. L. No. 99-499 ("SARA"), the Hn~rdous Materiels Transportation Act, 49 U.S.C. Section 1801, el seq., the ReSource Consefvetion and Recovery Act, 42 U.S.C. Section 6901, et seq.,or Other applicable state or Fedoral taws, rules, or regulations adopted pursuant toany of the fOregoing. The terms "hazardous waste" and "t~rdous substance" shall also include, without ilmifatlon, petroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a) During the pednd of Grantors ownership of the Property, there has been no use, generation, manufacture, storage, freetment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, about or from the Property; (b) Granlot has no knowledge of, or reason to believe that them has been, except as previously disclnsed to and acknowledged by Lender in writing, (i) any use, generation, manufacture, storage, freatment, disposal, ml~,ea, or threatened release of any hn~rd0us waste or substance on, under, about or from the Property by any prior owners or occupants of the Properly or (ii) any actual or threutened litigation or claims of any kind by any person relating to such metiers; and (c) Except as previously disclosed to and acknowledged by Lender in writing, (i) neither Grantor nor any tenant, contractor, agent or other authorized user of the Propmly shell usa, generate, manufacture, store, treat, dispose of~ or release any hazardous wasfa or substance on, under, about or from the Prope~ and (ii) any such activity shall be conducted in compliance with all applicable federal, stele, and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Grantor auth. odzas Lender and its agents to enter upon the Property to make such inspections and tesls, at Grantors expense, as Lender may deem appropnato to determine compliance of the Properly with this section of the Morlgege. Any inspections or tssts made by Lender sheJI 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 parson. The representations and warranties contained herein are based on Grantors due diligence in investigating Ihs 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 CUSts under any such laws, and (b) egreas to indemnify and hold harmless Lender against any end all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirsclly sustain or suffer resulting from a breech of this section of the Modgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a h~rdeus waste or substance on the properties. The provisions of this section of the Modgege, including the obligation to indemnify, shall survive the payment of the Indebtedness and tbs satisfaction and reconveyance of the lien of this Mortgage and shell not be affected by Lender's acquisition of any interest in the Properly, whether by foreclosure or otherwise. Nuteance, Waste. Grantor shell not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Properly or any portion of the Property, Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party lhe 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 Properly without the pdor written consent of Lender. As a condition lo the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and ils agents and representatives may enter upon the Real Property at all reasonable times to attend Io Lender's interests and to inspect the Properly for purposes of Grantors compliance with the terms and condifions of this Modgage. 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 Properly, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satistsciory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon nor leave unaltended the Properly~ Grantor shall do all other acts, in addition to those asts set fodh above in this section, which from the character and use of the Properly are reasonably necessary lo 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 Reel Property. A "sale or transfer" meens 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 contraof, confraci 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 lo any land trust holding title to the Real Properly, or .BOOKt4 PAG£ 07-16-1998 MORTGAGE Page 3 (Continued) by any other method of conveyance of Real. Property inferest. If any Grantor is a corporation, paduership or limited liability company, 'transfer also includes any change in oWnership of moro than twenly-ifve percent (25%) of the voting stock, padnership interests or limited liability company interests, es the case may be, of Grantor. However, this option shall not be exercised by Lender if such exemiss is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Properly are a part of this Mortgage. PaYment. Grantor shell pay when due (and in ail events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer sewice charges levied against or on account of the Properly, and shall pay when due all c~aims for work done on or for sawices rendamd or material furnished to the Property. Grantor shall maintain the Property Ires of all liens having pdority over or equal to the interest of Lender Under this Mortgage, except for the lien of taxes and asseSSments not due, and except es ofhmwise pro~ded in the following Paragraph. Rlgltt To Contest. Grantor may withhold payment of any lax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long es Lender's interest in the Property is not jeopardized. If a lien arises 0r is tiled as a resuff 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 fling; secUre the discharge of the lien, er if requested by Lender, deposit with Lender CaSh or · sufficient corporate surely bond or other sacunty settstactory to Lender in an amount sufficient to discharge the lien plus any costs and altorneys' ~es or othar charges lhet could accrue as a result of a tomdiusuro or safe under the lien. th any contest, Grantor shall defend itself and Lender and shall saltsfy 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 Paymenl. Grantor shall upon demand furnish to Lender saifsfactery evidence of payment of the taxes or assessments and shM authorize the appropriate govarnmentaJ official to deliver to Lender at any time a written statement of lhe taxes and assessments against the Notice of C~. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any san~ee are furnished, or any materials are supplied to the Property, if any mechanic's lien, maferiaimen's lien, or other lien could be assaded on account of the work, services, or metsdais and the cost exceeds $5,000.00. Grantor will upon request of Lender furnish to Lender advance assUrances seltstector/to Lender that Grantor can and yell pay the cnst of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions raieting to insuring the Properly are a pad of this Mortgage. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement bn~ for the full insurable value covering all Improvements on the Real Properly in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insurads in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, inclUding but not limited te hazard, business interruption and boiler insurance as Lender may roquira. Policies shall be'wntten by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender cerlificetes of coverage from each insurer containing a stipulation thai coverage Will not be cance~cl or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurods liability for teiluro 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 datauit of Grantor or any other persOn. Should the Real Properly al any lime 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, up to the maximum policy limits set under the National Flood Insurance Program, or as o!henvtse required by Lender, and to maintain such insurance for the term of the loan. Appllcoflon of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the astimaled cost of repair or replacement exceeds ~500.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or nol Lender's security is Impaired, Lender may, at its etacflon, apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Properly, or the restoration and repair of the Property. If Lender elects !o apply the pr~:~mds to restoration and repair, Grantor shall repair or replace the damaged or destroYed Improvements ina manner satistackxy to Lender. Lender shall, upon saltsfactory proof of such expenditUre, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is nol in default under this Mortgage. Any pmcesds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Properly shall be used timt to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the romaindar, if any, sha~ be applied to the principal balance of the Indebtedness. If Lender holds any procseds alter payment th full of the Indebtedness, such proceeds shall be paid to Grantor. Unexpired Insurance at Sale. Any unexpired insurance shell Inure to the benefit of, and pass to, lhe purchaser of the Property covered bY this Mortgage at any trusfee,s safe or other sale held under the provisions of this Mortgage, or at any foreclOSure sale of such Property. Grantor's Roper1 on Insurance. Upon request of Lender, however not more than once · year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (a) the name of the insurer', (b) the risks insured; (c) the amount of the policy;, (d) the property insured, Ihe then current replacement value of such properly, and the manner of determining that value; and (e) the expiration data of the policy. Grantor shall, upon request of Lender, have an independent appraiser saltSfaofory to Lender determine the cash value replacement cost of the Property. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage, or it any action or proceeding is commenced that would materially affect Lender's interests in the Properly, Lender on Grantor's behalf may, but shall not be required to, take any action thal Lender deems appropriate. Any amount that Lender expends in So doing will bear interest al the rate provided for in the Note from the dele incurred or paid by Lender to the date of repayment by Grantor. Ali 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 due dudng either (~ the term of any applicable insurance policy or (ii) the remaining term of the Note, or (c) be lrsated as a balloOn payment which will be due and payable at the Nofe'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 whioh Lender may be enttited on account of the detauit. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy thai it otherwise would have had. Grunter's obligation to Lender for all such expenses shall survive the enby of any modgags foreolesura judgment. WARRANTY; DEFENSE OF TITLE. The following provisions raiallng to ownership of the Properly are a part of this Mortgage. TIIle. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in tee simple, tree and clear of all liens and encumbrances other than those set forth in the Real Properly description or in any title insurance policy, lite reporl, or final lille opinion issued in favor of, and accepted by, Lender in connection with this Mortgsge, and (b) Grantor has the tull right, power, and authority to execute and deliver this Mortgage to Lender. Defeeee of Title. Subjecl to the exception In the paragraph above, Grantor warrants and will forever defend the tilte to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grentods 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 ,502 07-16-1998 MORTGAGE Page 4 (Continued) cause to be delivered, to Lender such instruments as Lender may request from lime to time to permil such participation. Complisnce With Laws. Grantor warrants that the Properly and Grantor's use of the Property complies with all existing applicable taws, ordinances, and regulations of governmental authorities. CONDEMNATION~ The following provisions ralaling to condemnation of the Property area part of this Mortgage. Ap~foMiofl of Net Proceeds. If all or any part of the Property is condemned by eminant domain proceedings or by any prcoeedlng or purchase in lieu of condemnation, Lander may at its election require that all or any portion of lbs net proceeds of the award be applied to Ihs Indebtedness or the repair or restoration of the Properly. The nat proceeds of the award shall mean the award after payment Of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with Ihs condemnation. Proceedings. If any prucseding In condemnation is tiled, Grantor shall promptly notify Lender in writing, and Grantor shall promplty take such steps as may be nace~___~u7 to defend the action and obtain the award. Grantor may be the nominal party ~ such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of ils own choice, and Grantor will deliver or cause to be delivered to Lender such inslrumants as may be requested by it from time to time te permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions retating to'governmenlal taxes, fees and charges are a pad of this Modgege: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such decumants in addition to this Modgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall relmbume Lender for all taxes, as dsscdbed below, together with all expenses incurred in recording, perfecting or continuing this Modgege, including without limitation all taxes, ~ 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 lax upon this type of Modgage or upon ell or any part of the Indebtedness secured by this Mortgage; (b) a specific tax on Borrower which Borrower is authorized or required to deduct fi`om payments on the Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chergeab~e against the Lender or the holder of Ihs Note; and (d) a Specific tax on all orany pon'ton of the Indebtedness or on payments of principal and interest made by Borrower. Sub~equeat Taxe~ 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 Defauff (as defined below), and Lender may exercise any or ell of its available remedies for an Event of Default u provided below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the lax ac prOvided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating te this Mortgage as s security agreement Eu~e s part of this Mortgage. Security Agreement. This instrument shall constitute a security agreement to the extent any of the Properly constitutes fixtures or other personal prOperly, and Lender shall have ell of the rights of a secured party under the Uniform Commercial Code os'amended from time to time. Security IntereM. Upon request by Lender, Grantor shall e~ecute financing statements and take whatever other action is requested by Lender to perfect and continue Lender,s security interest in. the Rents and Personal Properly. 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 shell reimbmse Lender for ell expenses Incurred in perfecting or continuing this security interest. Upon d~ault, Grantor shall assemble the Personal Properly in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Landor within three (3) days after receipt of whiten demand from Lender. Addre__~__. The'mailing addresses of Grantor (debtor) and Lender (secured party), from which intormation 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. P'I~rHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to furlhar assurances and attorney-in-fact ara a part of this Modgage. Further A~uranco~. At any time, and fi`om time to lime, upon request of Lender, Grantor will make, execute and deliver, or will cause to ha made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, raffled, or rerecordsd, as Ihs case may be, at such times and in such offices and pisces as Lender may deem appropriate~ any and all such modgages, deeds of trust, security deeds, security agreements, financing stalements~ continuation statements, instruments of further assurance, cadificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, pe,~ect,, continue, or preserve (a) the obligations of Grantor and Borrower under the Note, this Modgaga, and the Related Documents, and (b) the liens and security interests created by this Modgega as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless proh~ited by law or agreed to the conlrmy by Landor in Writing, Grantor shell reimburse Lander for all costs and expenses incurred in connection With the maitres referred to in this paragraph. Altomey-ln-Fact. 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 Grantors expense. For such purposes, Grantor hereby irravocabty appoints Lender as Grantor's aflornay-in-tact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the maffers referred to in the preceding paragraph. FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and dstivar to Grantor a suitable satistection of this Modgsga 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 Ihs option of Lender, shall constitute an event of default ("Event of Default") under this Mortgage: Default on Indebtedness. Failure of Borrower to make any payment when due on the Indebtedness. Default on Other Paymenls. 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 ~ing of or to effect discharge of any lien. Compliance Default. Failure of Grantor or Borrower to compty 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 or Borrower under this Modgage, the Note or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective Coltateratizaflon. This Mortgage or any of the Related Documents ceases to be in tull 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. 00 1469PA=E 07-16-1998 MORTGAGE Page 5 (Continued) Dealh or Insolvency. The death of GrantOr or Borrower or the dissolution or terminaUon of Grantor or Borrower's eXistence as a going business, the insolvenCy of Grantor or Bon'Ower, the appointment of a recoiver for any pert of Grantor or Borrower's properly, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor or Borrower. Forecles~re, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, saif-help, repossession or any other method, by any creditor of Grantor or by any governmental agency againsl 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 forofalture proceeding, provided that Grantor gives Lender wntten notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. Breach of Other Agreemeof, Any breach by Grantor or Borrower under the terms of any other agreement between Grantor or Bon'ower and Lender that is not remedied within any graco period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor or Borrower to Lender, whether existing now or later. Eve~te Affeoflng GlJarsolor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtednsss or any Guarantor dies or becomes incompetent, or revokes or disputes the vaiidit~ of, or liability under, any Guaranty of the Indebtedness. Adveme Change. ^ material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. I~____~rtt~. Lender in good faith deems itself insecure. RIGHTS AND REMEDIES ON DEFAI.I.T. Upon the occurrence of any Event of Default and at any time thereafter, Lender, al its option, may exercise any one or more of the following rights and remedies, in addition to any'cther rights or remedies Provided by law: Accelerate Indebted~_~ Subjeof to applicable law, Lender shah have the right at its option without notice to Borrower to declare the entire Indeblednass immediately due and payable. UCC Reme~ltea. With respect to all or any pert of the Personal Property, Lender shall have all the rights and remedlea of a secured party under the Uniform Commercial Code. Collect Reofs. Lender shall have the dght, without notice to Grantor or Borrower, to take pesseasten of the Prepe~y and collecl Ihs 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 diractiy to Lender. if the Rents are coliectsd by Lender, then Grantor irrevocably designates Lender as Grantors attorney-in-fact to endorse instrUments received in payment thereof in the name of Grantor and to negotiate the same end collect the proceeds. Payments by tenants or other users to Lender in response to Lenclors demand shall satiety the obligations for which the payments are mede, whether or not any proper grounds for the demand existed. Lender may eXercise ils i'ights under this subparagraph either in person, by e~gant,' or through a receiver. App~nt Recotver. Lender shall have the fight to have a receiver appointed to take possession of all or any pert of the Prepe~t, with the power to protect and presents Ihs Property, to operate the Property preceding foreclosure or sale, and to ccllecl the Rents from the Properly and apply the proceeds, over and above the cost of the tecoivership, against the Indebtedness; The receiver may Serve without bOnd if permit~cl by law. Lender's fight to the appointment of a receiver shall exist whether'or not the apparent value of the Properly exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. JlJdictal Foreofo~lre. Lender may obtain a judicial decree foreclosing Grentor's interest in all or any part of the Properly. P~__~_~n of the Prolle~ff. For the purpose of precudng _po~____~!on of the Properly, GrantOr hereby authoHzas and empowers any attorney of any coud of recOrd in the Commonwealth of Pennsylvania or elsewhere, as attorney fo~ Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for posseasion of the Properly and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Properly, without any Stay of eXecution, for which this Mortgage, or a copy of this Mofigage verified by affidavit, shall be a suttlclent warrant; and thereupon a writ of possession may be issued fodhwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantors interest in all or in any part of the Personal Property or the Real Properly by nonjudicial sale. Deficiency Jl~lgmenL Lender may obtain a judgment for any deficiency remaining in the indebtedness due to Lender after application of alt amounts received from the exercise of the fights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold ~s provided above or Lender ofha~ise 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 Properly immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and ramedlas provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permiffed bY applicable law, Grantor or Borrower hereby waive any and all fight to have the properly 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 Properly. Notice of ~efe. Lender shall give Grantor reasonable notice of the time and place of any pubr~c sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Preperty is to he made. Unless othe~vise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Waiver; Etactlon of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constilute a waiver of or prejudice the party's rights otherwise to demand stdct 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 Or Borrowor under this Mortgage affor failure of Grantor or Borrower to pedorm shall not affect Lender's fight to declare a default and exercise its remedies under this Morlgage. Allorneya' Fees; Exl~ensos. If Lender institutes any suit or action to enforce any of the terms of this Modgaga, 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 lime for the protection of its interest or the enforcement of its rights shall become a pad 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, ,.504 07-16-1998 MORTGAGE Page 6 (Continued) Lende,-'s altorneys' fees and Lender's lagal expensos whether or not them is a lawsuit, including altorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injUnction), appeals and any anticipated posl-judgment collection cervices, the coot of searching records, obtaining title reports ~ncluding forectooure raports), sur~rs' reports, and appraisal fees, and titte insurance, to the extent permitted by applicable law. Bon-ower also will pay any court costs, in addition to all other sums provided by law. NOTICES TO GRANTOR Alii) OTHER PARTIES. Unless olhem'ice provided by applicabta law. any notice under this Modgage shall be in wdiing, may be cent by tstafacalmita (unless otherwice required by law), and shell be e~lofive 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 mall first ctass, cedified er registered mall, postage propald, 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 padies, speci~ng that the purpose of the notice is to change the party's address. All copies of notices of foreclooure from the holder of any lien which has priodiy over this Mortgage shidl be cent to Lender's address, as shown near the beginning of this Mortgage. For notice purposes, Granter agrees to keep Lender informed at all times of Grantors current address. MiSCi=~ i a, IEOUS PROVISIONS. The following miscetianeous provisions are a pert of this Mo~gage: /Ulten~t~nta. This Mortgage, together With any Retatad Documents, constitutes the entire understanding and agreement of the parties as to lhe malters cel ~ in this Modgage. No alteration of or amendment to this Modgaga shell be effective unless given in writing and signed by the party or parties sought to be charged or bound by the altaration or amendment. Annlial Repod~. If the Prepedy is used for purposes other than Grantors residence, Grantor shall furnish to Lender, upon request, a codified stetament of net apemting income received from the Property during Grantors pmvi0us fiscal year in such form and detail as Lender shall require. "Net operating income" shell mean all cash receipts from the Properly less all cash expenditures mede in connection with the operation of the Property. Appll~lde Law. Thl~ ModgaOe has been. clellvered to Le~cter ertd ~ by Lenttar In the Commonwealth of Pennsylvania. This Mortgs~ Shall be gevefll~ by sad co.akued In accordance ~lth the I~vS of the Co~talOn~ealth Of Penn~lvMla. Caption ~lnge. Caption headings in this Mortgage ere for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Merger. Them shell be no merger of the Intamst er estate created by this Morlgage with any other interest er estal~ th the Praperly at any time held by or far the benefit of Lender in any cepecify, without the wfiffen concent of Lender. Mulllpla Ps,lies. All obligations of Grantor and Borrower under this Mortgage shell be joint and ceveral, and all relerencas to Grantor shell mean .each and avery Grantor, and all referencas to Borrower shall mean each and every Sorrower. This means that each of the pemons signing below is responsible for all obligations in this Mortgage. Severebiflty. If a court of competent jurisdiction finds any provision of this Mo~gaga to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unentorceable as to any other persons or circumstances. If feesibta, any such offending pro~ien shall be deemed to be modified to be within the limits of enforueabillly or validtiy; however, if the offending prevision cermet be so modified, it shall be stricken and all ofher previsions of this Modgaga In all other respects shall remain Yalld and enforceable. Successors and Assigns. Subject fo the limitations statad in this Mortgage on Iransfer of Grantors interest, this Morlgage shall be binding upon and inure to the benefit of the psdies, their heirs, personal reprecenta~,eS, successors and assigns. If ownership of the Properly becomes vested . in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantors successors with reference to this Modgage and the thdebtadeess by way of Iorbeersnce or extension without releasing Grantor from the obligations of this Mortgage or tiabll~ under the Indebtadnass. Time ta Of the Esasnce. Time is of the escence in the performance of this Mortgaga. Waivers and Con~enls. Lender shall not be deemed to have waived any rights under this Mortgage (or under tho Ratatad Oocumedis) unless such waiver is in writing end signed by Lender. No delay or omission on the pert of Lender i~ exercising any right shall operate as a waiver of such right or any other right. A waiver by any pmly of a provision of this Mortgage shall nof constitute a waiver of or pre)[,:lice the pedy's right othe~vice to demand stiict compliance with that provision or any other provision. No prior waiver by Lender, nor an,/course of dealing between Lender and Grantor or Borrower, sheti constitute a waiver of any of Lender's rights or any of Grantor or Ben'owors obligations as to any future Irensactions. Whenever consent by Lender is required in this Mortgage, the granting of such consent by Lender in. any instance shell not constitute continuing consent to subsequent instances where such consent is required. EACH GRANTOR ACKNOW~ t=nGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GRANTOR: Signed. acknowledg~l_ae~J.l~llvere~l~ I, the presence of:. ~lite H. Wengar '~ ...................... MORTGAGE Page 7 (Continued) CERTIFICATE OF RESIDENCE I hereby cettlfy, that the precise address of the morlgagee, Financial Trust Company, herein is as follows: One west High Street, Carlisle, PA 17013 Atterney orAgent forMor~g~ges STATE~ COU~TY~ INDIVIDUAL ACKNOWLEDGMENT undersigned Notary Public; personally appeared flen~J E. Wenger and dane H. Wenge~, known to me (or setisfactodly proven) to beths person whOSe names are subscdhed to the within instrument, and acknowledged that they ;,(acuted the same for the purpOSeS therein contained. In witness whereof, I hereunto set my hand and officfld Notary Public m and for the State of LASER PRO, Reg- U.S~ Pat. & T.M. Off., Vet. 3.26 (c) 1993 CFI ProServices, Inc. All rights resm*ve~l. IPA-G03 SMOKE.LN C24.OVL! Notarial Seal Joan L. Cr0wt, NOtar/Public Cadiste Boro, Cumberland County My Commission Expires April 23, 2001 s00d469,A E Exh~ hit "A'.! ~ee~ to an ~ron p~n, ~en-~-~-n?-~ ~d~s ( 0 O0 O0 o we ~ne hun~ed~m (X?S.O0'~ - ..... ..... ~ n4 no 3/%0 o~ on aG3:'a. pr mAleS whA{h G'. He Le " KEYSTONE FINANCIAL BANK, N. A. Plaintiff VS. HENRY E. WENGER JANE H. WENGER Defendants IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW CIVIL TERM 2002 ENTRY OF APPEARANCE TO Tl~E PROTHONOTARY: Please enter our appearance on behalf of Plaintiff, Keystone Financial Bank, N. A. and enter judgment for Plaintiff and against Defendants Henry E. Wenger and Jane H. Wenger for damages. DATED: ~-o3-~ ~ C)~.~ · Duncan & Hartman, P.C. By: ~i~ia~m A. Du~n~, Esquire Attorney for Plaintiff Keystone Financial Bank, NA enr E WenRer & Jane H Wenge~ ferenced ~udRment satisfied. Mlease mark the above re ..~._.~ ......................................... To ........................... Pro~hono~ary ~/or Plaintiff. N'o ..... Term, 19 PRAEClPE F~led . . 19 ..... .................................. , A~.