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HomeMy WebLinkAbout06-4920 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- WfJ.O CIVIL TERM V. DAVID 1. CALAMAN and KIMBERLY M. CALAMAN, husband and wife, 1231 CLAREMONT ROAD CARLISLE P A 17013 Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE 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 MAYBE 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 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- </9,;l0 CIVIL TERM V. DAVID 1. CALAMAN and KIMBERLY M. CALAMAN, husband and wife, 1231 CLAREMONT ROAD CARLISLE P A 17013 Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE COMPLAINT NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: I. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant David 1. Calaman, is an adult individual residing at 1231 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 3. The Defendant Kimberly M. Calaman, is an adult individual residing at 1231 Claremont Road, Carlisle, Cumberland County, Pennsylvania. I 4. By Deed acknowledged on May 1, 1997, Marlin 1. Calaman and Vesta V. Calaman conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to David 1. Calaman and Kimberly M. Calaman. This Deed was recorded in the Cumberland County Record Book 156, Page 1075, et seq., all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being Lot #2, North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 5. On or about July 12, 2001, David 1. Calaman and Kimberly M. Calaman, as Mortgagors, made, executed and delivered a written Promissory Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A". This Mortgage was recorded in the Cumberland County Office ofthe Recorder of Deeds for Cumberland County on July 24, 200 I, at Cumberland County Record Book 1728, Page 1777, et. seq., all of which pages are incorporated herein by reference and made a part hereof. 6. A true and correct copy of the aforesaid Promissory Note is attached hereto and made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". 7. Defendants have defaulted under the terms and conditions of the Mortgage and Promissory Note by failing to make payment for the months of February, March, April, May, June and July 2006. 8. Defendants are the present record owners of the premises described in Exhibit "A" and are the real owner of the premises. 2 9. Plaintiff served Notice of Plaintiff's Intention to Foreclose on the real estate of Defendant and provided Defendant with Notice of Defendant's Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage Assistance Law) via certified mail and certificate of mailing on July 26, 2005.. 10. Attached hereto and marked as Exhibit "D" is a true and correct copy of the combined Act 6 and Act 91 Notice provided to Defendants. 11. Attached hereto and marked Exhibit "E" are true and correct copies of the certified mail receipt and the certificate of mailing for the combined Notice served on Defendants. 12. Under the terms of the Mortgage and Promissory Note, if any monthly payment of principal and interest is not made when due or any other obligations of the Promissory Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Promissory Note obligations shall become due and payable immediately at the declaration of Mortgagee. 13. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 14. The Promissory Note and Mortgage permit Plaintiff to recover its attorney fees and costs. 3 15. The following amounts are presently due on the said Mortgage and Promissory Note calculated to August 9, 2006: Principal $17,411.71 Interest to 8/9/2006 (per diem of$4.89) $ 386.28 Late Charges $ 7.50 Attorney fees to 8/9/2006 $ 3.197.50 TOTAL: $ 21,002.99 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $21,002.99 plus interest thereafter at the contract per diem from August 9, 2006, and costs, attorney fees and expenses against Defendants, Mortgagors and real owners and seeks foreclosure and Sheriffs Sale of the mortgaged property in Exhibit "A" hereto. Respectfully submitted, J David A. Baric, Esquire J.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dlr/orrstownbanklcalaman/complalnt.pld 08/14/2006 15:54 71 72495755 DES PAGE 07 VERIFICATION The statemen/s in the foregoing Complaint are based upon infonnation which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the eXlent that they are based upon information which I have given to my counsel. they arc true and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsifications to authorities. DATE: ~,) s. 06, ~~'f.-9- ~/-/J Betsy J. Smith Colleclor . ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the approximate centerline of Township Road T-496 known as North Middlesex Road which point is in the Southwest comer of Lot No.1 as shown on the hereinafter mentioned plan oflots; thence along Lot No.1 North 88 degrees 28 minutes 36 seconds East, 96.16 feet to an iron pin; thence continuing along said Lot No.1 North 78 degrees 28 minutes 53 seconds East, 36.66 feet to an iron pin; thence continuing along said Lot No.1 South 87 degrees 02 minutes 42 seconds East, 66.80 feet to an iron pin in the line of lands now or formerly of Ronald E. And Vicki Ann Rotz; thence along lands now or formerly of Rotz South 09 degrees 30 minutes 00 seconds West, 117.07 feet to an existing iron pin; thence continuing along the lands now or formerly ofRotz North 84 degrees IS minutes 34 seconds West, 176.11 feet to an iron pin; thence continuing along the lands now or formerly ofRotz South 84 degrees 39 minutes 36 seconds West 32.32 feet to a P.K. nail in the approximate centerline of North Middlesex Road North 16 degrees 30 minutes 00 seconds East, 98.48 feet to a point at the place of BEGINNING. CONTAINING 0.48 acres including the right-of-way and being Lot No.2 as shown on a preliminary/final subdivision plan for Marlin 1. Calaman and Vesta V. Calaman prepared by Fisher, Mowery, Rosendale & Associates, Inc. surveyors, engineers and planners, dated September 30, 1996 and revised October IS, 1996 and recorded in the Officer of Recorder in and for Cumberland County in Plan Book 73 Page 145. Exhibit "A" - . ,'U6-05-2080(WED) 09: 32 P 002/003 .' PROMISSORY NOTE Borrower: DAVID L. CALAMAN (SSN: 182-52-llB26) KIMBERLY M, CALAMAN (SSN: 164-G~5.1 1231 CLAREMONT RD. CARLISLE, PA 17013 Lender: ORRSTOWN BANK STONEHEDGI! OFFICE 4Z7 STONEHEOGE OR. CARLISLe, PA 17013 PrinCiplIl Amourit: $25,049.49 Inlerest Rate: 10.250% Date 01 Note: July 12, 2001 Malurity Date: July 26, 2011 PROMISE TO PAY, I ("Borrow.r") JOlnlly and $Ove..lly promise 10 pay to ORRSTOWN BANK ("Lender"). or order, In IlIWful money Ollh. Unlled Stales 01 Arnerl"", th. principe! amount 01 Twenty~ftve Thousend FOrly-nln. & 481100 Dollars ($25,048.49). togelher wnh Int.r.s! althe ral. 0110.250% per IIIlnum on lh. unpaid prlnclp" balance lrom July 12, 2001, unlll pala In lUll. PAYMENT. I will pay ibis 10Illl on a.mand. Paymenlln lUll IS due Imm.dlately upon Lend.r's a.mond. If no demend Is made, I Will pay this lOIn In 120 paymenls 01 $:335.88 eaell paym.nt. My IIrsl payment Is aue AuguSI26. 2!IIll, lllld aU $Ub_uenl payments are due on Ihe same day of .OCh monlh ol1.r Ihll. I will conllnU8 to ..- payments on Ihls loan unUllhl1 Note Is paid In lull or unlll Lend.r mak.s d.mand lor paym.ntln rull. whlch.ver OCCIJrs ftrSl. unless otherwise agreed or required by appllcabl. law, payment. will be applied !lrst 10 aceruea unpaid Inlerest, th.n 10 prtnclpal, ond ony r.malnlng amount 10 any unpaid coll.ctlon coOls and Isle Charges. Interest on this NOI. Is compu\eCI on a 385/385 slmpl. Inl.rest baslSllhol Is, by applying th. ..Uo ollh. annuallnlerest rate ov.r th. numb.r 01 days In a year, mulUplled by Ih. outstanding prinCipal balance, mulllplled by th. aClual number 01 days the principal balance Is oul:dandlng. I wll pay L.nder at Lender's address shown above or at such ether place as Lender may designate In writIng. PREPAYMENT. I may pay wllhoul penally all or a portion of lho amounl owed oarller Inln Ills du.. Ea~y paym.nls will nOL unless ag...d to by Lend.r In wrillng. relieve me or my obligaflon 10 conllnu. to make paymenls undor the paymenl :lehedlll.. Rathor, ear1\' f>l1yments will reduce Ihe principal b.l.nce due end may resullln my mal<lng fewer paym.nts. I agree nolto sand lendor paymants marked "paid In full", "wRhout recoursa", or slmllar languago. III s.nd .uch a paymanl, Lender moy ecceptll wllhoutlcsing ony 01 Lender's rights undor this Note, and I will remain obllgatod to pay any furthar amount ow.d 10 Lender. All written communications concerning dlspuled Imounts, Including any Check or oIMr plym.nllnstrumonl IIlaI Indicates Ihal the paymanl consUlutos 'paym.nt In fulr 01 Iho amounl owed or thal is tendered with oIhar condilions or Ilmltallons or as full sallsfacllon of a dlspulad amount must b. mailed or dallv.rod to: OAASTOWN BANK, STONEHEDGE OFFICE. 4ZT STONEHEDGE OA" CARLISle. PA 11013. LATE CHARGE. lIa payment Is 15 days or more late, I will be enarged $2.50. INTER!;S1" AFTER DEFAUl.T. Upon d.fault, Il10ludlng failur. to pay upon llnal maturity. Ihe tctal sum dua under this Nol. will bear Inlarosl from the dala of accal.raflon or maturlly allholnlorest mte on Ihls Nolo, Th. Intorosl rele will not exc..d the maximum rate parmlRsd by .ppllcablalaw. LENDER'S RIGIfTS. Upon Lende(s d.mand, Lender m.y, aftor giving such nollc.. os requlr.d by appllcahls low, declare tho .n"re unpaid principal balance on Inls Nol. and all accrued unp.ld Inloresllmmodlot.ly du., and Ihsn I wnl poy Ihalamounl ATTORNI!YS' FEES; EXPENSES. Lendor may nlre or pay .omeone .Ise 10 h.lp coll.ct this Note If I do nol pay, I will PIlY Lenderlhol omount. This Includes, subjoet to any limits undor appllcabl. law, Lendo(s aRorn.Y" foes and Lendl(s l.galllXP8nses. whather or not there Is a lawsuit, Ineludlng llltomays' lees. exp.nses for bankru~lcy proceadlngs (InclUding offorts 10 modify or vacalo any automa1l<: stay or InJunellon). and appeals. If not prohlbnad by applicable law, I also will poy any courl COSls, in addlllon 10 all othor sums prcvld.d by I.w, R1GIfT OF SETOFF. To tn. oxt.nl permmod by applle.ble law. londer reserves a rlghl 01 ""loIf In all my accounts wllh Londer (whelher checking, SQvln(lS, Or some olhar oocounl). This Includ.s all accounls I hold Jolnlly with sorneone olse end all occounls I may open In lho lulure. HowaVElr, this d_ nol inclUde any IRA or Keogh accounts. or any Irusl .cecunls for which setoff would b. prohibited by law. I aulhortzo Lendor. to tho """'nl permitted by .ppllcahlo I.w, 10 cnarg. or sllloff all sums owing on 1M Indebtodness .galnst .ny and all suoh accounts, and. at Lender's option, to admlnlstratlv.ly fr082B all sucn accounts to allow lender Ie prolec:f lendor's ehargo and seloff rights provldod In this parograph. COLLATI!RAL. I ackncwledgolhls Nolo I. secured by. Mc~gage daled July 12, 2001, to L.ndor on rea' proporJy locat.d In CUMBERlAND County, Commonw..llh of P.nnsylvanla. a1llh. terms and conditions of whlcn are her.by Incorporalod and mado a part of this NoIe. PROPERTY INSURANCE. I undersland tnall .m required 10 oblaln insurance for tho collaloral securing Inls Nol.. Furthor Intorma~on concerning Ihls requlramanlls...' forlh In thl Mo~gage. SUCCessOR INTERESTS. Tho terms of this Nole snail be binding upon m., and upen my nolrs, p.rsonal represenl.~ves, auccass"", and assigns, and shell inure to Ih. ben.1Il 01 Londer and lis suoe....rs and assign.. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. PI.... nollfy us ff wo report any Inaccurale Informallon .bout your occounl(s) 10 a eensum.r reporting agoncy. Your wrillon nollce dasorlblng Iha apeclOe InaccuracyOes) should bo sent 10 us at the fonowlng address: OFlRSTOWN BANK 1',0. BOX 250 SHIPPENSBURG, PA 17257 GENERAL PROVISIONS. Lendor may delay or largo anforclng any of n. rights or romedlas under Ihls Note without losing Ih.m. I and any olher p.rson whO signs, gUOIanlooS or endo.... Ihls' Not., to lho .ldonl allewad by law, wolve pres.ntm.nt, demand for payment, and nollce of dishonor. Upon any chango In Ih.t.rms ef Ihls Nol.. and unless olhorwlso oxpressly slal.d In wrlllng, ne party who signs this Nol., whether as maker, guarantor, accommodotion mok.r or ondorser, .hell b. r.Io....d from lIablllly. All .uch parJ/es agr.. Ih.t L.nder may renow or extend (ropeatadly and for any I.ngth of timo) Ihls loan or ,"Ieasa any party or guarantor or cellal.ral; or impolr,'lalllo roaliZ!! upon or p.rtacll.nd..... seourtty Inlerest In th. cellaletal. All such parll.. also agree thaI L.nd.r may mOdify Ihlsloan wllhoullhe oonsent of or no~c. to anyone other than th. party with whom Ih. modifICation is made. The obllgatlons under this Nota are Joint and seVBr.J.I. ThIs means that the wcrds "I", "me", and "rrrf mean Gach and all af the parsons signing below, Exhibit "B" ~ .U6-05-i'080(ldEOJ os: 33 P 003/003 , PROMISSORY NOTE (Continued) Page 2 Loa';' No: 670029418 PAIOR TO SIGNING THIS NOTE, I, ANO EACH OF US, READ ANO UNOERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTII BE1.OW. I, AND EACH OF US, AGFlS! TO THE TERMS OF THE NO~ I ACKNOWLEDGE RECEIPT OF A COMF'lETED COpy OF THIS PAOMISSORY NOTE. TlIIS NOTE IS GIVEN UNOER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE TIlE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. NOTICE TO COSIGNER You ore being asked 10 guarenl...thls delll. Think carefUlly bero", you dO. Illhe borrower doesn1 pay Ihe debt. you will have 10. Be sure you",," ellord 10 pay II you heve 10, and thel yoU want 10 acclpt 1~ls responsibility. You MIti neve 10 pay up to tile lull amount or Ihe debt II tile borrower ooes not pay. You may also nevI 10 pay IIIIe fees or eollecUon costs, which Increose Inl. amount Tne Lender _ collecl Inls oebllrom you wllhout flr:l1lrylng to coll.ct Itom tile bOrrower. Th. Lender can WIt Ih. Nm. collecUon metll_ .gelnsl you 1h81 can be u...a agelnsl the borrower, such .... outn; you, \III'Il1.hlng your wagas, ele. Illhls debl Is e\Iflt In a.IlluIl, Ihal Iocl may become a part or YOUR creall record. ThIS nollce I. not the contracllha1l1Ulke. you liable ror the debl. lAUIIIPltOLtllllng,lItr.',n,Dl,GJ ~.".,.I.IIcIFNlM:"I""'I''''''I,I",.llltlr.tDGj. A.AllII'ullturlllf, ..~^ C:1Q'IIVI.IDIU'~ '",,",s PIt.., :t3,~ ~ RECORDATION REQUESTED BY: ORRSTOWN BANK &TON~Hl':llGE OFFICE 427 STONEHEDGE DR. CARliSlE, PA 17013 In 7/}[J '>"<,,>'f ,~ WHEN RECORDED MAIL TO: ORRSTOWN BANK P.O. BOX 250 . SHIPPENS8URG, PA 17257 ROBERT P. 71EGLER RECOriUER OF DEEDS CUMBERLAND COUNTY.PA '01 JUL 2~ API 9 " SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE dated July 12, 2001, is made and executed between DAVID L. CALAMAN and KIMBERLY M. CALAMAN, whose addreu Is 1231 CLAREMONT RD., CARLISLE, PA 17013 (referred to below as "Grantor") and ORRSTOWN BANK, whose address Ie 427 STONEHEDGE DR., CARLISLE, PA 17013 (referred to below ae "Lender"). GRANT OF MORTGAGE. For valuable conslderallon, Grlll1tor grants, bargains, salls, convays, assigns, translars, roleasas conllrms and mortgagas to Landar all of Grantor's right, Ulla, and Intarast In and to tha following dascrlbad raal proparty, togathar with all axlsllng 0; subsequanlly aractad or afflxad buildings, Improvamants and IIxturas; all slroots, lanas, allays, passagas, and ways; all aasamants, rights of way, all IIbartles, prlvilages, tanamants, haradltamants, and appurtanancas tharaunto belonging or anywlsa mada appurtanant hereaftar, and tha raverslons and ramalndars with raspect tharato; all, watar, watar rights, watarcoursas and ditch rights (Including stock in utllltlas with ditch or Irrigation rights); and all othar rights, royalllas, and proflls ralatlng to tha real proparty, Includlnll without limitation all mlnarals, 011, gas, gaotharmal and similar maUars (the "Real Property") located in -GUM~ERI,AND co~niY' Commonwealth of Pennsylvania: .) / ' I)f' SEE ATTACHED .Auj "M:i sIt n l100K fr6 P,!f<: !o)r -!/, (/. c;:K'--- The Real Property or its address Is commonly known as LOT 2, /fORTH MIDDLESEX RD., CARLISLE, PA 17013. Grantor prasantly assigns to Landar all of Grantor's right, tltla, and intarast In and to all prasant and futura laasas of tha Proparty and all Rants from tha Proparty. In addition, Grantor grants to Landar a Uniform Commarcial Coda security Intarast In tha Parsonal Proparty and Rants. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RaATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otharwlsa provldad In this Mortgaga, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's Obligations undar this Mortgaga. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and uSe of the Properly shall be governed by the follOWing provisions: Posaesalon and Usa. Until Default, Grantor may (1) remain in possession and controi of the Proparty; (2) Use, operata or manage tha Property; and (3) collect the Rants from the Proparty. Duty 10 Maintain. Grantor shall malnteln the Properly In good condtlion and promptly perform all repairs, replacements, and malntenanca necessary to preserve Its value. . < Complllll1ce With Environmental Laws. Grantor represenls and warrants to Lendar that: (1) During the parlod of Grantor's ownarshlp of the Property, there has been no use, generation, manufacture, storage,t?eatment, disposal, release or threatened release of any Hazardous Substance by any parson on, under, about or from the Property; (2) GraniOH.as no knowladga of, or raason to bellava that there has been, except as previously disclosed to and acknowledged by Lender In wrtllng, (a) any breach or vlolallon of any Environmental Laws, (b) any usa, ganeratlon, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any aclual or threataned IIIlgatlon or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed 10 and acknowledged by Lender In writing, (a) neither Grantor nor any tenant, contractor, agent or othar authoriZed uSar of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substanca on, under, about or from tha Proparty; and (b) any such acllvlty shall ba conduclad In compliance with all applicable federal, state, and local laws, ragulatlons and ordinances, Including without limitation all Envlronmenlal Laws. Grantor authorizes Landar and Its egants to anler upon the Property to make such Inspacllons and tests, at Grantor's expense, as Lander may deem approprlata 10 datarmlna complianca of tha Proparty with this secllon of tha Mortgage. Any Inspections or tesls mada by Lender shali ba for Lendar's purposes only and shall not be construed 10 create any responslbUlty or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained hereIn are based on Grantor's due diligence In Investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any fulure claims against Lender for Indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agraas to Indemnify end hold harmless Lender against any and all ctalms, lossas, liabilities, damages, peneltlas, and axpanses which Landar may dlractly or Indirectly sustain or suffar rasultlng from a broach of this section of the Mortgaga or as a consequence of any use, generallon, manufacture, storage, disposal, release or Ihreatenad ralaase occurring prior to Granlor's ownerShip or interest In tha Proparty, whather or not tha same was or should have bean known 10 Grantor. The provisions of this section of the Mortgage, Including the obllgallon to Indemnify, shall survive the paymant of the Indebtedness and the satisfaction and reconvayance of the lIan of this Morlgage and shall not ba affected by Lander's acquisition of any Interest In the Property, whelher by foreclosura or otherwlsa. Nul_ce, Wute. Grantor shall nol cause, conducl or permit any nuisance nor commit, parmlt, or suffar any stripping of or waste on or to tha Property or any portion of the Property. Wlthoutllmlllng the generality of the foregoing, Grantor wlli not remove, or grant to any other party Ihe right to remove, any timber, minerals (Including 011 and gas), coal, clay, scoria, soli, graval or rock products without Lender's prior written consent. Removal 01 Improvements. Grantor shall nol damollsh or ramove any Improvemants from tha Real Property wlthoul Lende~s prior written consent. As a condition to the removal of any Improvements, Lender may requIre Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improv.=Jments of ai/east '3qual valus. Lender'. Right to Enter. Lender and Lender's agents and representatives mey enter upon the Real Property at all reasonable times to attend to Lander's Inlarests and 10 Inspecl the Real Proparty for purposas 01 Grantor's compllanca with the terms and conditions of this Mortgaga. Compliance with Governmental Requirements. Grantor shall promptly compiy with all laws, ordinances, and regulations, now or hareafter In affect, of all govarnmantal authorllles applicable to tha usa or occupancy of tha Property. Grantor may contest In good faith any such law, ordinanca, or regUlation and withhold compliance during any procooding, Including appropriate appeals, so long es Grantor has nolllled Lendar In writing prior to doing so and so long as, In Lendar's sole opinion, Lender's Interests in the Property are not Jeopardized. Landar may requlra Granlor 10 post adaquate securlly or a suraty bond, reasonably satlsfaclory to Lendar, to protact Lender's Intarest. Duty to Protect. Grantor agrees nelthar to abandon nor ieave unattended Ihe Properly. Grantor shall do all other acts, In addition to those acts set forth above In Ihis sactlon, which from tha character and usa ollhe Proparty are raasonably necessary to protect and preserve the Property. TAXES AND LIENS. Tha following provisions relating to thataxes and liens on the Proparty ara part of this Mortgage: Payment. Grantor shall pey when dua (and In all avants prior to delinquency) ell taxas, peyrolllaxas, special taxes, assessmants, watar chargas and sewer service charges levied against or on account of the Properly, and shall pay when due all claims for work done on or for services rendarad or material furnished 10 the Properly. Grantor shall maintain Iha Proparty free of eny liens having prlortty over or equal 10 the Interest of Lander under this Mortgage axcept for the Exlsllng Indebtednass referrad to In this Mortgaga or those lIans specifically agraed to In wrfllng by Lander, and excepl tor thell~n of taxes and assassments not dua as furthar specltlad In Iha Right 10 Contest paragraph. RighI 10 Contest. Granlor may withhold peymant of any tax, assessmanl, or claim In connactlon with a good faith dlspula over tha obflgeflon 10 BK I 7 2 8 PG I 7 7 7 Exhibit "e" Loan No: 670029418 MORTGAGE (Continued) Page 2 . pay, so Io.,g as Lender's interest In the Property Is not Jeopardized. If a lien arises or Is lIIed as a result 01 nonpayment Grantor shall within fifteen (15) days afier the lien arises or! If a lien Is filed, within fifieen (15) days aller Grantor he nollce of the filtng, secure th~ discharge of the lien, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other securtty satisfactory to Lender In an amount sufficient to discharge the lien plus any costs and attorneys' lees, or other charges that could accrue as a result of a foreclosure or sale undar the lien. In any contest, Grantor shalt defend Itself and Lender and shelt sallsfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an addlllonal obligee undar any surety bond furnished In the contest proceedings. ! Evidence 01 Payment. Grantor shall upon demand furnish to Lender sallsfactory evidence of payment 01 the taxes or assessments and shall authortze the appropriate governmental oHlclel to deliver to Lender at any lime a written statement of tha taxes and assessments against the Property. ' Notice of Construction. Grantor shall notify Lender at least flHeen (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 matarlals. Grantor will upon raquast of Lander furnish to Lander advance assurancas satisfactory to Landar that Grantor can and will pay tha cost of such Improvements. PROPERTY DAMAGE INSURANCE. The foltowing provisions ralallng to insuring tha Proparty are a part of this Mortgaga: Maintenance 01 Insurance. Grantor shall procura and maintain poltcles of fira Insurance with slandard extended coverege endorsements on a replecement besls for the fultlnsurable value covering ell Improvements on the Real Property In an emount sufficient to evold eppllcallon of any coinsurance cleuse, and with a standard mortgagee clause In favor of Landar. Policlas shall be wrtllen by such Insuranca companies and In such form as may be reasonably acceptable to Lender. Grantor shalt deltvar to Lender certificates of coverage Irom each Insurer containing a stlpulallon that coverage will not be cancelted or diminished without a minimum of ten (10) days' prtor written notice to Lender and not containing any disclaimer 01 the Insurer's liability for failure to give such nollce. Each Insurance polley also shalt Include an endorsement providing that coverage In Iavor of Lender will not be Impaired In any way by any act, omission or default of Grantor or any other person. Should the Real Property be located In an araa designated by the Director of the Federal Emergency Management Agency as a special fiood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, wllhln 45 days aHer nollce Is given by Lender that the Property Is located In a special flood hazard area, for the fult unpaid principal balance of the loan and any prior liens on Ihe property securing the loan, up to the maximum polley limits set under the Nallonal Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance lor the term 01 the loan. Appllcatlon 01 Proceeds. Granlor shalt promplly nollly Lander of any loss or damaga to the Property. Lendar may meke proof of loss If Grantor falls to do so within fiHeen (15) days of the casualty. Whelher or not Landar's security Is Impaired, Lander may, at Lender's alecllon, receive and retain the proceeds of any Insurance and apply the proceeds to the reducllon of the Indebtedness, paymant of any lien alfectlng the Property, or the restoration and repair of the Proparty. If Lender elects to apply the proceeds to restorallon and repair, Granlor shall repair or replace the damaged or destroyed Improvamants In a manner sallslactory to Lender. Lander shall, upon sallslactory proof of such expenditure, payor reimburse Grantor trom the procaads lor tha reasonable cost of rapalr or restorallon II Grantor Is not In defaull under this Mortgage. Any proceeds which have not been disbursed within 180 days attar their receipt and which Lander has not commlHed to the repelr or restorallon of the Properly shall ba 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 prtnclpal balance 01 the Indebtedness. II Lender holds any proceeds aller peyment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's Interests may appear. I Unexpired Insurance al Sale. Any unexpired Insuranca shall Inure 10 the benefit of, and pass to, the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held undar the provisions of this Mortgage, or at any loreclosure sale of such Proparty. Compliance wllh Existing Indebtedne... During the period In which any Exlsllng Indebtedness described below Is In eHect, compliance with the Insurance provisions contained in the Instrument evidencing such Exisllng Indebtedness shall conslllute compliance with the Insurance provisions under this Morlgage, to the extent compliance with the terms of this Mortgage would conslllute a dupltcallon of Insurance requirement. If any proceeds from the Insurance become payable on loss, the prOVisions In this Mortgage for division of proceeds shalt apply only to that portion 01 the proceeds not payable to the holder of the Exisllng Indebledness. LENDER'S EXPENDITURES. If Grantor falls (A) to keep the Property Iree of all taxes, Itens, securtty Interests, encumbrances, and other claims, (8) to provlda any required Insurance on the Property, (C) to make repairs to the Proparty or to comply with any obllgallon to maintain Exlsllng Indebtedness In good standing as required below, then Lender may do so. If any acllon or proceeding Is commenced that would malerlally aHect Lender's Interests In the Property, than Lendar on Grantor's behalf may, but Is not required to, take any acllon that Lender believes to be appropriate to protect Lender's Interests. All expanses Incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note trom the date Incurred or paid by Lender to the date of repaymant by Grantor. All such expanses will becoma a pari 01 the Indebtedness and, al Lander's opllon, will (A) be payabla on demand; (8) be added to the balanca of the Note and be apporlloned among end be payable with any Installment payments to become due during either (1) the term of any applicable Insurance polley; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The rlghls 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 any default. Any such acllon by Lender shall not be construed as curing the delault so as 10 bar Lender from aAY remedy that It otherwise would have had. Grantor's Obligation to Lender for all such expensas shell survlva the entry of any mortgage foraclosura Judgmant. WARRANTY; DEFENSE OF TITLE. The following provisions relallng to ownership 01 the Property are a part of this Mortgage: TIlle. Grantor warrants that: (a) Grantor holds good and marketable tllle of record to the Property In lee simple, Iree and clear of all liens and encumbrancas other than those set forth In the Real Proparty descnpllon or In tha Existing Indabtedness secllon below or In any IIIle Insuranca policy, title report, or IInallllle cplnlon Issued In lavor 01, and accepted by, Lendar In connection with this "lorlgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgaga to Lender. Defen.. of Tttle. Subject to the exception in the paragraph abova, Grantor warrants and will forevar delend tha tille to the Property against the lawful claims of all persons. In the event any action or proceeding Is commenced that questions Grantor's IIIle or the Inlerest of Lender under this Morlgage, Grantor shall defend the acllon at Grantor's expense. Grantor may be the nominal parly In such proceeding, but Lender shall be enUlled to parllolpate In the proceeding and to be represented In the proceeding by counsel of Lender's own oholce, and Grantor will detlver, or cause to be delivered, to Lender such Inslrumenls as Lender may request trom time to lime to permit such participation. Compltance With Law.. Grantor warrants that tha Properly and Grantor's usa of the Properly compIles with all exlsllng applicable laws, ordinances, and regulallons of governmental authorities. ' Survival 01 Proml.... All promises, agream.nts, and statements Grantor has made In this Mortgage shall survive the execullon and dallvery 01 this Mortgaga, shall bs conllnulng In natura and shall remain In full force and aHect until such time as Grantor's Indebtedness Is paid In lull. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtadness are a part of this Morlgaga: ExIsting LIen. The lien of this Mortgage securing the Indebtedness may be secondary and inferior tQ an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtednass and to prevent any dehtult on sUCh Indebtedness, any default under the Instruments evidencing SUCh Indebtedness, or any default under any $ecurlt~' documents for su()h Indebtedness. No Modification. Grantor shall nol anter Into any agreemant with the holdar of any mortgage or other security agreement which has priority over this Mortgage by which that agreement Is mOdltled, amended, extended, or renewed without the prior wrllten consent 01 Lender. Grantor shall neither request nor accept any futura advances under any such security agreement without the prior wrlttan ponsent 01 Lender. CONDEMNATION. The following prOVisions ralatlng to condemnallon proceedings are a part of this Mortgaga: i Proceedlnlll. II any proceeding In condemnallon Is flied, Grantor shall promptly notify Lender In wrltlng,iand Grantor shall promplly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal parly in such proceeding, but Lender shall be entitled to partlclpate in the proceeding and to be represented In the proceeding by counsel 01 Its own choice, and Grantor will deliver or ceuse 10 be dellvared to Lender such Instruments and documentallon as may be raquested by Lender from lime 10 lI'1'e to parmlt such pertlcipallon. Application 01 Net Proceeds. If all or any part 01 the Property Is condemnad by amlnent domain proceedings or by any procaedlng or purchase In lIau 01 ccndemnallon, Lander may allls elecllon raqulre that all or any pcrtlon 01 the net procaeds cf tha award be appllad to tha Indebtednass or the repair or restoration of the Property. The nel proceeds of the. award shall mean the award after paY'i"8nt of all aclual costs, expenses, and attorneys' fees Incurred by Lender In connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. Thalollowlng provlslors ralallng to governmantal taxes, lees and charges are a part of this Mortgage: I Currenl Texes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition 10 this Mortgage end taka Rill 728PG 1778 Loan No: 670029418 MORTGAGE (Continued) Page 3 . what....., "Iher action Is requested by Lender to perfect and continue Lender's lien on the R...I Property. Granlor shall reimburse Lander lor aU taxes, as descrtbad below, togethar with all expenses Incurred In recording, partectlng or continuing this M01gage, Including wllhout IImllallon all tax.., taas, documentary slamps, and othar Charges for recording or raglsterlng this Mortgage. TIX... The fOllowing shall constitute faxes to which this section applies: (1) a speCific tax upon this type of Mortgage or upon all or any part of the Indebtednw secured by this Mortgage; (2) a speciflc tax on Grantor which Granlor Is authorized or required to daduclfrom paymenls on the Indebtednau secured by this type of Mortgage; (3) a lax on this Iype of Mortgage chargaabla against the Lander or the holder of the Note; and (4) a speclflc lax on all or any portion ollhe Indebtedness or on payments of principal and Interesl made by Grantor. Subaaquenl Taxes. It any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as Default, and Lender may axarclse any or all of lis available remedies for OefaulI as provldad below unless Grantor alther (1) pays the tax before U becomes delinquent, or (2) contests the tax as provided above In the Taxes and Liens sacllon and deposits wUh Lender cash or a sufficlant corporale surety bond or other securlly sallslactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following proviSions relating to this Mortgage as a securtty agreement are a part of this Mortgaga: . Securlly Agreement. This Instrumant shall constitute a Security Agreement to tho extanl any of the Property consllfules flxturas, and Lendar shall hava all of tho rights of a securad party undar tho Uniform Commarclal Coda as amandad from tlma to tlma. Securtty Inleresl. Upon raquast by Lender, Grantor shall executa financing slalemants and taka whalaver othar action Is raquestad by Lender 10 parfect and continue Landar's security Inlarastln tha Parsonal Property. In addlllon to recording this Mortgage In the real property records, Lender may, at any tima and wllhout further authorization from Grenlor, file executed countarperts, caples or reproduoflons of this Mortgage as a Unanclng statemenl. Grantor shall relmburse Lander for all expanses Incurred In perfecting or continuing this security Interest. Upon defaull, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Granlor shall "semble any Personal Property not affixed 10 the Properly In a manner and at a place reasonably convenlenllo Granlor and Lender and make II available to Lender wllhln thrae (3) days after recalpl of written demand from Lendar to the extenl permllled by appllcable law. Add".... The mailing addresses of Grantor (debtor) and Lander (sacured party) from which Informallon concerning the securlly Interest granted by this Mortgage may be oblalned (each as required by the Uniform Commercial Coda) are as slaled on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relallng to further assurances and addlllonal aulhortzallons are a part 01 this Mortgage: Furlher Aeaurlncee. At any lime, and from lime to lime, upon requast of Lender, Grantor will make, axaoute and deliver, or will causa to be made, exacUlad or dellvered, to Lendar or to Lender's designee, and when requesled by Lender, cause to ba flied, recorded, reflled, or rarecorded, as the case may be, at such limes and In such offices and places as Lander may daam appropriate, any and all such mortgages, deeds of trust, security deeds, SlICUrfty agreemenls, Unanclng statamenls, continuation slalemenls, Instruments of further assurance, certificates, and other documents as may, In the sole opinion of Lendar, be nacessary or desirable In order to effectuate, complete, partect, continue, or preserve (1) Granlor's obligations under the Nole, this Mortgage, end the Related Documents, and (2) thll llens and securtty Inlarests creatad by Ihls Mortgage as lIrsl and prior liens on the Property, whether now owned or hareafter aoqulred by Grantor.. Unless prohlblled by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expenses Incurrad In connecllon wllh tha mailers retarred to In this paragraph. Additional AutllOrlzallons. It Granlor falls to do any of Ihe IhJngs referred to In Iha preceding paragraph, Lender may do so for and In the name of Granlor and at Grantor's axpense. For such purposes, Grantor hereby Irrevocably authorizes Lender to make, execula, dallver, file, record and do all olher Ihlngs as may be necessary or deslreble, In Lender's sole opinion, to accomplish the mailers referred to In tha preceding paragraph. It is understood that nothing set lorth herein shall raqulre Lender to take any such acllons. FULl PERFORMANCE. It Granlor pays alllhe Indabledness when due, and olherwise performs all the obllgallons Imposed upon Grantor under Ihls Morlgage, Lender shall axacule and deliver to Grantor a sullable sallsfacllon of this Mortgage and sullable stalemenls of termination of any financing statemant on file evidencing Lender's securlly Interast in the Rents and the Personal Property. Grantor will pay, If permlllad by applicable law, any reasonabla termination fee as determined by lender from time to time. I . DEFAULT. Granlor will be in Oelault It paymenlln lull Is not made when dua. RIGHTS AND REMEDIES ON DEFAULT. Upon Oefaull and at any tlma therealler, Lender, al Lander's option, mey exercise anyone or more of the following rights and remedies, In addition 10 any olher rights or remedies provldad by law: ' Accelerele Indebtedne... Lender shall have the right alII opllon, after giving such notices as required by applicable law, to declare the entire Indebtedness Immadlately due and payable. UCC Remedle.. With respect to all or any part of the Personal Property, Lendar shall have all the rights and remedies of a secured party under the Uniform Commercial Code. I Collect Rent.. Lender shall have the right, without nollce 10 Granlor, to take possession of tha Property and :collectlhe Rents, including amounts past due and unpaid, and apply the net procaads, over and above Lender's costs, agalnsl the Indebledness. In furtherance of this righi, Lender may raqulre any tenant or olher user of the Property to make payments of rent or use fees dlreotly to Lendar. ,If the Renls are collected by Lender, then Grantor Irrevocably authorizes Lander to endorse Inslruments recalved In payment thereof In the name qf Grenlor and to negotiate Ihe same and collect the proceads. Payments by tenants or other usars to Lender In response to Lende~s demand shalt satisfy the obllgatlons for which the payments ara made, whether or nol any proper grounds for Ihe demand exlsled. Landar may exercise lis rlghls under thls subperagraph either In person, by agent, or through a receiver. Appolnl Receiver. Lender shall have the right to have a racalvar appointed to take possession 01 all or any part ollhe Properly, with lhe power 10 protect and preserve the Property, 10 operale the Property preceding foreclosure or sale, and to collect the Rents from the Proparly and apply the proceeds, over and above the cost of the racalvership, agalnsllhe Indebledness. The recalver may seMI without bond If permllled by law. Lender's right to the appointment of a recelver shall exist whelher or not the apparent value of the Property exceeds the Indebtedness by a substantial amounl. Employm8Jl1 by Lender shall nol disqualify a person Irom serving as a receiver. . Judlclel Foreclosure. Lender may obtain a Judicial decree foreclosing Granto~s Interest In all or any part of the Property. Non)udlclll SIIe. If permitted by applicable law, Lender may foreclose Grantor's Intarest In ail or In any part. of the Personal Properly or the Real Prop arty by non-Judicial sale. Oellelency Judgment. Lender may obtain a judgment for any dellclency remaining In the Indebtedness que to Lender aftar appllcatlon of all emounts received from the exercise of the rights provided In this sactlon. Tenancy II Sulterance. If Grantor remains In possession of the Property aller the Properly Is sold as provided above or Lender otherwise becomes enlllled 10 possession of the Properly upon delsult of Grantor, Grantor shill become a lenant at sufferance of lender or tha purchaser of the Property and shall, at Lender's option, allher (1) pay a raasonable rental for the use of fhe Property, or (2) vacate 'he Proparty ImmedIately upon the demand of lender. Dlher Ramedles. Lander shall have all olher rights and remedies provided In this Mortgage or the Note or availabie at law or in eqully. Sill ot Ihl Property. To the exlent permltled by eppllcable law, Grantor hereby waives any and all right 10 have the Property marshallad. In exercising lis rig his and remedies, Lendar shall be free to sell all or any part 01 the Property togathar or saparately, In one sale or by separate .ale.. Lender shall be entllled to bid at any public sale on all or any portion of the Property. ! Nollce 01 SIIe. Lender will glva Grantor raasonable notice oflhe lima and place of any public sale of Ihe Personal Property or of the lime after which any prlvala sale or olher Inlanded dlsposlllon 01 the Personal Property Is to be made. Unless otherwlsa raqulred by applicable law, . raasonable notice shall maan notice given at laast ten (10) days bafore the time of the sale or dispOSition. I Elecllon ot Rameclle.. All of Lender's rights and remedies will be cumulative and may be exercised alone </r together. An alectlon by Lander \0 choose any ona remedy will nol bar Lander from using any othar remedy. II Lander decides to spend "loney or to perform any of Grantors obtlgltlons under Ihis Mortgage, aflar Grantor's failure to do so, thai decision by Lender will not affect Lend~r's right 10 declare Grantor In detautl and to exercise Lender's remedies. Attorneya' Fie.; Expenses. If Lender Instilules any sull or action 10 enforce any 01 the tarms of this Mortgaqe, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at Irlal and upon eny appeal. Whether or;not any court action Is Involved, and to Ihe extenl nol prohibited by law, all reasonable expenses Lender Incurs that In lender's opinion are nec.....ry at any time lor the prol8c,tlOn ~f lis Interest or the enforcement of lis rights shall become a part 01 the Indebtedne.s payable on demand an,d shall bear Jnferest It Ihe No e rl e RK I 7 2 8 PG l 7 7 9 Loan No: 670029418 MORTGAGE (Continued) Page 4 I;om l"e "ate of the expenditure unlil repaid. Expenses covered by this paragraph include, without limitation however subject to any limits under appllcabla law, Lenda~s allorneyS' lees and Lende~s legal expenses, whather or not there Is a lawsuit, Including atlorneyS' lees and expenses for bankruptcy proceedings (Including efforts to modify or vacate any automallc stay or injuncllon), appeals, and any anticipatod post-judgment oollecllon services, the cost of searching records, obtaining I/tle reports (Including foreclosure reports), surveyors' reports, and appralsallees and IItle insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any noUce required to be given undar this Mortgaga shall ba given in wrillng, and shell be effecllve when actually delivered, when actually recaived by talalacslmlle (unless otherwise required by law), when deposited with a naUonally . recognizad ollllrnight courier, or, It mailed, when deposited In the United States mail, as first class, certified or reg/slared mall postage prepe/d, dJrecled to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure Irom the holder 01 any lien which has priority over this Mortgaga shall be senllo Lender's address, as shown near lhe beglnnlng 01 this Mortgage. Any person may change his or her address for notlcas under this Mortge~a by giving formal wrillen nollce to the other person or persons, specifying Ihat the purpose of the notice Is to change Ihe person's address. For nollOll purposes, Grantor agr_ to k""p Lender inlormed al all limes of Granlo~s current address. Unless otherwise provided by applicable law, It Ihere Is more than one Granlor, any nollce given by Lander 10 any Granlor is deemed to be nollce given to all Grantors. It will be Granlo~s responsibility 10 lell the others of the nolice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendmenls. What is wrillen in this Mortgage and In lhe Relaled Documenls Is Granlo~s enUra agreemant with Lender concerning the matlers covered by this Mortgage. To be effectillll, any change or amandmenl to this Mortgage must be In writing and must be signed by Whoever will be bound or obllgalad by Ihe chenge or amendment. Caption Headlnga. Capllon headings in this Mortgaga are lor convanience purposes only and are not to be used to interpret or define the provisions of Ihls Mortgage. Jolnl and Saveral Lleblllty. All obllgallons 01 Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Granlor. This means that each Granlor signing below is responsible for all obligations In Ihls Mortgage. No Walvar by Londer. Grantor understands Lendar will not give up any Of Landa~s rights under this Mortgaga unlass Lander doas so In wrlllng. The facl that Lender dalays or omits 10 exercise any right will not mean that Lander hll$ given up that right. If Lender does agr.... in wrtllng to give up ona 01 Lender's rights, that does nol mean Grantor will nol have to comply with Ihe other provisions 01 this Mortgage. Grantor also undarstands that It Lender does consanllo a raquest, thet does not mean that Granlor will nol have 10 get Lender's consant again II tho sltuallon happans again. Grantor lurthar understands that Just becausa Lander consents to one or mora of Grantor's roquasts, that doas not mean Lender will be required to consant 10 any of Grantor's luture raquosts. Granlor waivas presantmant, damand lor paymenl, protast, and nollca of dishonor. SeVerability. II a court finds that any provision of Ihis Mortgage Is nol valid or should nol be entorcad, that fact by itsell will not mean that tho rest of this Mortgaga will not ba valid or anlorcad. Therefore, a court wlllanforca the rasl of Iha provisions of this Mortgage aven if a provision 01 this Mortgaga may ba found to be invalid or unenlorceable. Merger. Thora shall be no merger of the Interest or estate craslad by this Morlgage wllh any other interast or aslale In Iha Property al any lime hold by or for Ihe banem 01 Lander in any capacity, without tho written consant 01 Landor. Successor Intereeta. Tho terms of this Mortgaga shall ba binding upon Grantor, and upon Granto~s hairs, personal representallves, successors, and assigns, and shall be anforceabla by Landor and its successors and assigns. Time Ie 01 the Essence. Time Is 01 tha assanca in the parlormance of this Mortgege. DEFINITIONS. Tho following words shall hava tho IoIlowlng meanings when usad In this Mortgage: Borrower. Tho word "Borrower" moans DAVID L. CALAMAN and KIMBERLY M. CALAMAN, and all othar persons and enlltias signing tho Nola. Deleult. The word "Daleult" means tho Oalault sat forth in this Mortgaga In tho secllon IIl1ed "Dalaulr. . Envtronmental Lawa. Tho words "Environmental Laws" moan any and all state, lederal and local statulas, regulations and ordinances relallng 10 the protaclion of human health or the environmant, including wilhoutllmitallon the Comprahanslve Environmantal Responsa, Compansallon, and Uabllity Act of 19BO, as amandad, 42 U.S.C. Secllon 9601, at seq. ("CERCLA"), the Superiund Amendmants and Reaulhorizatlon Act of 1986, Pub. L. No. 99-499 ("SARA"), tho Hazardous Materials Transportallon Act, 49 U.S.C. Secllon lB01, at seq., tho Resource Conservation and Racovery Act, 42 U.S.C. Secllon 6901, et saq., or othar appliceble stala or lederallaws, rulas, or regulallons adoplod pursuant Ihareto. Exlallng Indebtedne... Tho words "Existing Indebtadnass" maan theindabtadn..s dascribed In the Existing Liens provision of this Mortgage. Grenlor. Tho word "Grantor" masn. DAVID L. CALAMAN and KIMBERLY M. CALAMAN. Hazerdous Subatances. The words "Hazardous Subslancas' mean matarials thaI, because of their quantJIy, concenlratlon or phySical, chemical or Infectious characteristics, may cause or posa a prasent or potenlial hazard to human haallh or the anvlronmanl when Improperly used, treatad, slored, disposed of, genarated, manufacturad, Iransported or otherwise handlad. Tho words "Hazardous Subslances' are usad in thalr vary broadast sense and Include Wllhoul limitation any and all hazardous or toxic substances) materials or waste as deflnad by or IIstad under the Envlronmantal Laws. The larm "Hazardous Substances" also includas, without limitation, petrOleum and petrOleum by-prodUCts or any tracllon thereof and asbestos. Improvemenls. Tho word "Improvaments" masns ali exisllng and futuro Improvaments, buildings, structures, mobile homes alllxad on tho Real Property, fac/Iilles, addll/ons, raplacements and othar conslruclion on the Real Proparty. Indebtedne... The word "Indebtadnass" means all principal, Intarest, and olher amounts, costs and expenses payable under the Nota or Relelad Documents, togather with ail ranewals ot, extensions ot, modllieatlons of, consolidations of and subslllutions for tha Note or Ralated Documents and any amounts expended or advanced by Lander 10 discharga Grantor's obligations or expanses Incurrad by Lender to anlorce Grantor's obl/gatlons undar this Mortgage, logathar with Inlarast on such amounls as providad in this Mortgaga. Lender. Tho word "Lender" means ORRSTOWN BANK, Its succassors and assigns. The words 'succassors or assigns" moan any parson or company that acquires any Interasl in the Nota. Mortgage. The word 'Mortgage" means this Mortgage betwean Grantor and Lendar. Note. Tho word 'Nole' means tho promissory nole deled July 12, 2001, In the original principal amount ot $25,049.49 from Grantor 10 Lander, togelhar with ail renewals 01, extensions 01, modifications 01, raflnanclngs 01, consolldallons 01, and subslllullons lor Iha promissory nolo or agraemanl. Tho maturity data 01 this Mortgaga Is July 26, 2011. Personal PropMly. The words "Parsonal Property" moan all aqulpmant, fixtures, and othar articles of personal proparty now or hareafter owned by Grantor, and now or haraaller attached or alllxed to tho Rasl Property; togather with all acc_lons, parts, end additions 10, all raplleamenls of, and all substltuflons for, any at such property; and together with all proceeds (IncludIng without limitation all Insurance proceeds and refunds of premiums) from any sale or other dlsposlllon of fhe Property. Property. The word Itproperty" means collectively the Real Property and the PGr50nal Property. Real Properly. Tho words "Real Property" mean the real proparty, Interests and rights, as furthar dascrlbad In this Mortgage. Related Documents. Tho words "Relaled Documents" ma.n .11 promissory notas, cradit agraemants, loan agraamants, anvironmantal agraements, guarantias, security agrOllmants, mortgages, deads of Irust, security deads, collataral mortgages, and all othar Instruments, agraemenls and documents, whather now or harasffar extstlng, executed In connecllon with the indebtadnass. Renla. Tho word "Ranis" means all present and future rents, ravenuas, Income, Issuas, royalties, profils, and othar banafits derived from tho Property. nil , 1? 8 PG \ 7 8 0 Loan No: li70029418 MORTGAGE (Continued) Page 5 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. . GRA~.~:.:.:2" ~.~:~~~(i;(Seal) Slgnad, acknow ad dallvarad In Iha praaenr. 01' X q ~ J Wllnaae ..,.A.....h all X Wltna.. CERTIFICATE OF RESIDENCE I hereby certify, that the precise address 01 fhe mortgagee, ORRSTOWN BANK, herein Is as follows: t) STONEHEDGE OFFICE, 427 STONEHEDGE DR., CARLISLE, PA 17013 Attorney or Agent tor Morlglgu INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA I )SS ) COUNTY OF ('jj/rK.iu,t1..a ..t./-- /J,.f!J day of , 20 J)L. before me {J.a . t.e . . , the undersigned Notary P IIc, personally appeared DAVID L. CALAMAN an KIMBEFlLY M. ALAMAN, known to me (or satisfactorily proven) to be the person whose na es are subscribed to the within Instrument, and ecknowledgad that thay executed the same for the purposas therein conlalned. In wllna.. whereol, I hereunto eel my hand and offiCial ...1. On Ihls, Ihe {>":',__c \P\~I:l~l~UJl"JJ y:p.;:" . \\ ',' '.' .~, I" . J.lo'....::W. "". i(. l;..~ 4.: .' '.\ "I" . '''',:l;!. V"'~M v.......... t.i ~ ......... : "~.'..~..~ ,~.... Y..';"Q'H.Z~"'.~"~P"-:;, .l:i:' ~ ~., --v.' ..,,)'\ _ I!':..~ . ..... ~ ~~'.:, ::.....: ':\.~I, "".""'-""Y'\A'.~ ~i,. ". g.:?.::" e..t:~~'<,<~.,~...-:.:~ a.ii~;" ;:c..::.....u..-':~l'''f'..- _;1 ~."'....M.'~ ~'~ ~ ~..' .~ .yt 0,;," W"'.L.INIoIlnw.'JU 5110105 C.pr lI.rlfondfllllncll.,.IilII.III,In, '"1,ifOOI. ^"RIg/lI.R....."..., -M C:\CfI\l.PL\UJ.fO TII_.... PII.a # '1'.' ~-~ ''''At """ lo , ... ..~'T.~,;'(""',":i".'f.',",,,, - " ~'i~()"'~i~~~..~~~\if~ ~~oJ.:..~" .- :v' ,(' .~~ . ~ :,~......,'04Rri\>~" "t." . ,a"..... ~.. . c'S. . \..~\~~. Notarial Seel Public Gayle E. Christman, Nota,r count M;~~~~i:i~ri ~;::'~~c. 23. 2~02 Member. Pennsylvenla Assocletlon 01 NOlenes Recorder of Deeds BK , 7 2 8 PG 1 781 '700'-/ 07:>0 oDo3 9'fo{ $'1/7 ~ ORRSTOWN BANK tOPY July 26 2005 DAVID L. CALAMAN KIMBERLY M. CALAMAN 1231 CLAREMONT ROAD CARLISLE, PA. 17013-8492 Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Soecjfjc information about the nature of the default is Drovided in the attached Daoes. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP1 may be able to helD to save your home. This Notice eXDlains how the DrOgram works. To see if HEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with the Counseling Aaency. The name. address and Dhone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have anv Questions. vou mav call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with imDaired hearing can call (7171780-18691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able ----tonelpyouflmh lawyer. Exhibit "D" PO Box 250' 5hippensburg, PA 17257 . (717) 532-6114' (717) 532-4143 Fax. WWW.orrstown.com LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT AN CIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DAVID L. CALAMAN & KIMBERLY M. CALAMAN PROPERTY ADDRESS: LOT 2 NORTH MIDDLESEX ROAD CARLISLE. PA. 17013 LOAN ACCT. NO.: 670029418 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDERlSERVICER: ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. . . CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers of designated consumer credit counseling aoencies for the county in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CU~E YOUR MORTGAGE DEFAULT {Brina it UP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: LOT 2 NORHT MIDDLESEX ROAD. CARLISLE. PA.17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: MAY 26TH- $311.92. JUNE 26 TH-$33S.96 AND JULY 26 TH-$335.96 Other charges (explain/itemize ): LAtE CHARGES:.s 35.00.- - .. TOTAL AMOUNT PAST DUE: i 1.018.84 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this $ 1.018.84. ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to acc:elerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage Drooertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If YOU cure the default within the THIRTY (30) DAY oeriod. yOU will not be reauired to Day attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riaht to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale. You may do so by pavina the total amount then past due. plus any late or other charaes then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writina bY the lender and bv oerformina any other reauirements under the mortaaae. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may .findoutat lin'y time exactly whatthe required payment oraction will bei:ly contacting the lender. HOW TO CONTACT THE LENDER: Phone Number: Fax Number: Contact Person: Orrstown Bank P.O. Box 250. 77 East Kina Street ShiDDensbura. PA 17257 (7171530-2661 (717) 532-4099 Betsv J. Smith Name of Lender: Address: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, ~9~ BETSY J. SMITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax (717) 334-8326 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 731-9589 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 Financial Services Unlimited 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 700,/ &7S0 0003 '1'i<T';1:>1',;{'/ . ~ ORRSTOWN BANK COl?>Y July 26 2005 KIMBERLY M. CALAMAN DAVID L. CALAMAN 1231 CLAREMONT ROAD CARLISLE, PA. 17013-8492 Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home Is In default. and the lender Intends to foreclose. SpecifIC Information about the nature of the default Is provided In the attached paaes. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM lHEMAP) may be able to help to save your home. This Notice explains how the proaram works. To see If HEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yOU when you meet with the Counselina Agency. The name. address and phone number of Consumer Credit Counselina Aaencles serving your County are listed at the end of this Notice. If YOU have any Questions. vou mav call the Pennsylvania Houslna Finance Agency toll free at 1-800-342-2397. (Persons with Impaired hearina can call (717) 780-1869). This Notice contains Important legal information. If you have any questions, representatives at..1he-ConsumeLCredlt~unselingAgencymay .be able to helpex,plaln It. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. Exhibit "D" PO Box 250 . 5hippensburg, PA 17257 . (717) 532-6114 . (717) 532-4143 Fax' www.orrstown.com LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. 51 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PlJEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DAVID L. CALAMAN & KIMBERLY M. CALAMAN PROPERTY ADDRESS: LOT 2 NORTH MIDDLESEX ROAD CARLISLE. PA. 17013 LOAN ACCT. NO.: 670029418 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDERlSERVICER: ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") , YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAUL r. EXPLAINS HOW TO BRIN Y CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desianated consumer credit counselina aaencies for the countv in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brina it UP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: LOT 2 NORHT MIDDLESEX ROAD. CARLISLE. PA. 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE pAYMFNT~ for thA following months And thA following amounts are 26TH.- J311.92. JUNE 26TH-$335.96 AND JULY 26TH-$335.96 Other charges (explain/itemize): LATE CHARGES-$ 35.00. TOTAL AMOUNT PAST DUE: ~ 1,018.84 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this $ 1.018.84. ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made Dayable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage prooertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the arnount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY f30} DAY oeriod, yOU will not be reauired to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the richt to cure the default and Drevent the sale at any time UD to one hour before the Sheriff's Sale. You mav do so by Dayina the total amount then Dast due. Dlus any late or other charaes then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as soecified in writinc by the lender and by Derfonnina any other reauirements under the mortaaae. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could De held Would be approximately 5 month date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the saTe-.---ofCOurse, the amounfl\eedett"locurelmrdefault witt 1ncrease the1ongeryoowait. --Vou may-- --- find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Orrstown Bank P.O. Box 250.77 East Kina Street ShiDoensbura. PA 17257 (717) 530-2661 (717) 532-4099 Betsy J. Smith EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, ~9~ BETSYJ. SMITH. COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax (717) 334-8326 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 731-9589 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 Financial Services Unlimited 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 . rc-- 11 l~: .it .~o?: ~tt i L ,.... r I : I I , 1 '3 .",~ , I ! \ i ! i \ ! , I , t , I ~, o en"''' 0000 'zz>- c::oo:::: z-tMlrnc =:ac:s'" '-r-"-,.:t! 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SHERIFF'S RETURN - REGULAR CASE NO: 2006-04920 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS CALAMAN DAVID L ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon CALAMAN KIMBERLY M the DEFENDANT CARLISLE, PA 17013 by handing to KIMBERLY CALAMAN a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00V' '1!; ~ /0(, So Answers: ~ ?""'~ ~~~~.~ # R. Thomas Kline ~ 09/15/2006 OBRIE:~:BARIC & S~HERER~~ ~~riff Sworn and Subscibed to before me this day of A.D. I ,.' .. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04920 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS CALAMAN DAVID L ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon CALAMAN DAVID L the DEFENDANT , at 0020:41 HOURS, on the 30th day of August , 2006 at 1231 CLAREMONT ROAD CARLISLE, PA 17013 by handing to DAVID CALAMAN a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.40 .00 10.00 .00 32.40/ q/:l1 )0," So Answers: r~~t R. Thomas Kline ~ 09/15/2006 OBRIEN, BARIC & SCHERER before me this day Sworn and subscibed to of A.D. II , - ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 2006-~CIVIL TERM V. DA VID L. CALAMAN and KIMBERL Y M. CALAMAN, husband and wife, 1231 CLAREMONT ROAD CARLISLE PA 17013 Defendant. CIVIL ACTION-LA W MORTGAGE FORECLOSURE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued without prejudice. Date: November 8, 2006 a:7m David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/orrstown bank/calaman/discontin oe. pra 1\ .#' - CERTIFICATE OF SERVICE I hereby certify that on November 8, 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: David L. Calaman 1231 Claremont Road Carlisle, Pennsylvania 17013 Kimberly M. Calaman 1231 Claremont Road ~;IV~ David A. Baric, Esquire S2 :c ~ <:::) 0' ~ ...s.r,_ ':) \, -I ::c .,-, Gl;:::::: ~-ri \) C r -0 -,. ~ ,. ~. :) ::::.\ .....~> :i! .-:;;. r:? C"0