HomeMy WebLinkAbout95-04705
I.
KLEHR, HARRISON, HARVEY, BRANZ BURG
BY: MARK S. KENNEY/ ESQUIRE
IDENTIFICATION NO. 43640
1401 WALNUT STREET
PHILADELPHIA, PA 19102
(215) 56B-6060
& ELLERS
DAUPHIN DEPOSIT BANK
AND TRUST COMPANY
213 Market st., P.O. Box 2961
Harrisburg, PA 17105/
plaintiff /
Attorneys for Plaintiff
Dauphin Deposit Bank and
Trust company
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
:
.
.
v.
No.
APPLEBY BROS. and
WHITTAKER COMPANY
230 South loth Street
Lemoyne, PA 17043/
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
Mark S. Kenney, a partner at the law firm of Klehr,
Harrison, Harvey, Branzburg & Ellers, attorney for plaintiff
Dauphin Deposit Bank and Trust Company in the above action, sets
forth as of the date the praecipe for the writ of execution was
filed the following information concerning the real property
located at 230 South lOth street, Lemoyne/ Pennsylvania, and as
more fully described on Exhibit "A" attached hereto and made a part
hereof:
1. Name and address of Owner or Reputed Owner:
~ Address
Appleby Bros. and 230 South lOth Street
Whittaker Company Lemoyne/ PA 17043
2. Name and Address of Defendant in the judgment:
~ Address
Appleby Bros. and 230 South loth Street
Whittaker company Lemoyne, PA 17043
. ..
NOTICE OF OWNER'S RIGHTS
TO THE DEFENDANT:
Appleby Bros. and Whittaker company
yOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this sheriff's sale, you must take immediate
action:
1. You may be able to stop the sale by filing a
petition asking the Court to strike or open the
judgment, if the judgment was improperly entered.
You may also ask the Court to postpone the sale for
good cause.
2. You may also be able to stop the sale through other
legal proceedings.
You may need an attorney to assert your rights. The
sooner you contact one, the more chance you will have at stopping
the sale. (see notice on page 3 on how to obtain an attorney.)
yOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property
will be sold to the highest bidder. You may find
out the price by calling (717) 240-6390.
2. You may be able to petition the Court to set aside
the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the
Sheriff the full amount due in the sale. To find
out if this has occurred, you may call (717) 240-
6390. '
4. If the amount due from the buyer is not paid to the
Sheriff, you will remain the owner of the property
as if the sale never happened.
5. You have a right to remain in the property until
the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that timet
the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which
was paid for your real estate. A schedule of
distribution of the money bid for your real estate
will be filed by the Sheriff on a date specified by
. ,
(045\7320\7320022,001)
KLEHR, HARRISON/ HARVEY, BRANZ BURG & ELLERS
BY: Mark S. Kenney, Esquire
ATTORNEY I.D. NO.: 43640
1401 WALNUT STREET
PHILADELPHIA, PA 19102 ATTORNEYS FOR PLAINTIFF
(215) 56B-6060
:
DAUPHIN DEPOSIT BANK
AND TRUST COMPANY
213 Market street
Harrisburg, PA 17101
:
.
.
.
.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
plaintiff,
v.
ACTION IN
MORTGAGE FORECLOSURE
APPLEBY BROS. AND WHITTAKER COMPANY:
230 south loth street
Lemoyne, PA 17043
NO.
95- '/70S' ~ -!.w-
Defendant.
COMPLAINT IN MORTGAGE FORECLOSURE
plaintiff Dauphin Deposit Bank/ by way of complaint in
mortgage foreclosure against defendant Appleby Bros. and Whittaker
Company, avers as followS:
1. plaintiff Dauphin Deposit Bank and Trust Company
(the "Bank") is a banking corporation organized and existing under
the lawll of the commonwealth of pennsylvania, with a place of
business located at 213 Market streett Harrisburg/ PA 17101.
2. Defendant Appleby Bros. and Whittaker Company
("Appleby") is a corporation organized and existing under the laws
of the commonwealth of pennsylvania with a place of business at 230
south loth streett Lemoyne, PA 17043.
3. On or about March 4/ 1994/ Appleby made, executed
and delivered to the Bank a promissory note (the "Note") in the
'.
. I
(045\7320\7320022,0011
original principal amount of $1,200,000.00. A true and correct
copy of the Note is attached hereto and made a part hereof as
Exhibit "A".
4. As security for its obligations under the Note,
Appleby executed a mortgage in favor of the Bank on certain real
property located in the Borough of Lemoyne, in the county of
cumberland and the commonwealth of pennsylvania which is described
by metes and bounds in Exhibit "A" to the Mortgage. A true and
correct copy of the Mortgage is attached hereto and made a part
hereof as Exhibit "B".
5; The Mortgage was recorded in the Office of the
Recorder of Deeds in cumberland county in Mortgage Book 1191 at
page 941 ~ sea. on March 7, 1994.
6. Defendant Appleby is the real owner of the property
covered by the Mortgage.
7. Appleby is in default under the Mortgage by reason
of its failure to make payments as and when due.
B. The following amounts are due under the Note and
Mortgage:
principal:
$1,098,079.63
Interest through
August 10, 1995:
TOTAL:
9,760.71
$1,107,B40.34
Interest continues to accrue at the per diem rate of $244.02.
9. The Mortgage provides that the Bank shall be
entitled to recover its reasonable counsel fees for enforcement of
-2-
<
i
. ~ ....
, EOIol/OIolMlJ.l.~I0I7()'3a.7()'3
.
.).
4pr/e-by (l,ros ~ whill~er (j'fr;Pr7f'1Y
S 1.200,000.00
(J/rJa 5i1,o.) - 9
kAtvcA tf , 1994
Lemoyne, pennsylvania
tI01E
fOR VAWE RECEIVED. and Inlcndlna \0 be le.a1ly bound, APPLEBY BROS. AND WlUTfAKER
COMPANY. a Pennsylvania C?rporallon havln. Its principal office 11230 South lOch Sued, Lemoyoe, pennsylvania
17043, (the 'Maker'), hereby promises \0 pay \0 the order of DAUPIUN DEPOSIT BANK AND TRVST
COMPANY. a PenllSylvanla bankln. corporation (the 'Payee'), 11 Its offices al 213 Market Stred, P,O, Boll. 2961.
Harrlsbur., Dauphin CounlY. Pennsylvania 171OS. or al auch other place IS the holder bereof may, from time \0 lime,
direct Maker In writing. the principal sum of One Million Two Hundred Thousand and 00/100 ($1,200,000,00)
Dollars, lawful money of the Vnlted Slates of America, \O.ether with Inleresl al the rale of elghl (8") perc:enl per
annum In accordance with the lerms hereof unllllldv<J. :I J 1999. and conllnulng thereafter at an annual rale equal
to the Dauphin Deposit Base Rale, IS In elTecl from time to lime, plus one (I") pereenl per annum In ac:c:ordance with
the lerms bereof unlll LAU"rJ...J . 2004. 1\ which time all principal and Inleresl accrued sball be due and payable
1\ once without funher oollce al the opllon of the Payee. The principal and Inleresl shall be payable IS follows:
Commencln. on the firsl day of the firsl month followln. the dale hereof and on the fint day of eaclI
succeedln. month, for a period of slXlY (60) months, Maker shall pay (0 Payee colISecutlve fixed monthly payments
of principal and Interesl. each In the amounl of SI4,559,31, each of which paymencs shall be firsl applied (0 the
payment of IDteresl 00 the principal balance oucstandlng and then to the reduction of principal,
Thereafter. commencln. on the finl day of the slxty.firsl (61s1) month following the dale hereof. and
contlnuln.oo the firsl day of each succeedln. month, Maker shall pay 10 Payee fixed monthly paymeolS of principal
based upon the balance of the original agreed len (10) year amonlzallon. logether with Inleresl on the principal balance
oUlScandlng al the then currenl Interesl rale IS provided herein, each such paymenl 10 be applied finl \0 the paymenl
of Inleresl on the principal balance oUlStandlng and then \0 the reducllon of principal, and paymenlS \0 continue unlll
, 2004, at which lime all unpaid principal and Inleresl accrued shall be due and payable al once without
funher nollce al the option of the Payee.
Maker agrees that the Payee shall have the rlghl 10 adJusl the amounl of the monthly paymenlS from lime to
clme IS the Inleresl rale changes. '
Inleresl accruing hereon for any period shall be determined by multiplying the oUlStandln. principal balance
hereof by the applicable rale of Inleresl and multiplying the produClthereof by a faClor equal (0 the number of days
In such period divided by Three Hundred and Slxly (360).
For purposes of this Note, the 'Dauphln Deposit Base Rate' shall be the rale of Interest per annum specified.
from clme (0 lime, by Dauphin Deposit Bank and Trusl Company, or 115 successor, IS IlS 'Base Rile', whether or DOl
the Plyee may from lime (0 lime lend at rates higher or lower than said Base Rale. The 'Base Rale' shall be
calculaled on a dilly basis and applied (0 the oUlStandlng unpaid principal balance.
'.
EGM/OMW3.\oI-410\7ll-.:l57ll-3
.
.
Maker 5hall have the right CD prepay the Note In full, or In part, with no tharge or penallY. No auch
prepayment of principal shalllnlerrupt or postpone the paymenl of the monlbly Installments of principal andlntereat
whlth 5hall conllnue CD be due and payable until paymenl hereof In full,
If any Installment of principal andlnlercst or any OIher paymenl due hereunder II not paid wllbln ten (10) days
of Its due dale, a lale charge shall be Imposed of an additional Five perCCIII (5") on all aums so overdue. Provision
for authlale charge shall not be construed CD permit Maker to make any paymenl after Its due dale, obllgale Payee CD
accept any overdue Installment or affect Payee'a rights and remedies for Maker's default under this Note,
The proceeds of the loan evidenced by this Nole are being disbursed by the Payee In accordance wllb Ibe cerms.
condlllons and provisions of Ibe Commllment Letter dated Dec:ember 22, 1993, as amended, between the Maker and
the Payee. which documents are made a part of ibis NOle as If set forth herein In full, Said proceeds will be applied
CD refinance the property known as 230 South lOCh Stred, Lemoyne, Cumberland Counly. Pennsylvania and relaled
costs and eKpCl\SCS,
This NOle Is sec:ured by, I!'ter alia, a Mortgage from Maker to Payee of even dale herewllb and Intended CD
be recorded forthwllb, secured upon premises conslllUllng a part of the Project, as described In said Mortglle, All
of the agreemenlS. condlllons, covenanlS, provisions and sllpulatlons conl1lned In Ibe Mortgage wblch are CD be kept
and performed by Maker and Payee, are hereby made a part of ibis Note 10 Ibe same eKlenl and wllh the same force
and effect as If they were fully set forth bereln, and Ibe Maker covenants and agrees to keep and perform Ibem, or
cause them CD be kepI and performed, scrlctly In accordance wllb lhelr lenns,
This Note, the Mortgage, lhe Commltmenl Lener and any olher documenl delivered In connection herewl1b
are referred to herein collectively as lhe "Loan DocumenlS," and lhe provisions Ibereof are incorporaled herein by
reference.
Subject 10 any applicable ootlce and grace perlod(s), If lhe Maker shall fall 10 observe or perform any of the
tenns. agreemenlS, covenanlS and conditions of me Maker contained herein or In any olher Loan Documenl,lhe Payee,
In lIS discretion, but wllhout any duty to do so. and wllhoul waiving any defaull, may perform any of suth (enI1S,
agreements, covenanlS and conditions, In whole or In part. and any money advanced or eKpended by lhe Payee In or
CDward the fulfillment of such tenns, IIreemenlS, covenanlS and conditions sball be due 00 demand and shall become
a part of and be added 10 lhe Indebtedness due under lhls Note, wllh Interesl 10 be paid lhereon allhe then CUfTenl rate
provided herein from lhe dale of lhe respective advance or eKpendlture, and secured by the Mortgage. .
In the evenl of any defaullln payment of any Installmenl of principal or Interest under this Note for a period
of len (10) days after lhe same shall have become due and payable. or If any evenl of defauh, as described In the
Mortgage, or any olber Loan Documenl, shall occur and be continuing beyond any applicable grace period, an eveol
of defaull shall occur hereunder and Payee, at lIS opllon and wllhoUI funher notice CD Maker, may declare Immediately
due and payable the enllre unpaid balance of lhe principal sum of lhls Note wllh Inleresl accrued thereon II the rate
speclOcd to the date of default and thereafter at the rate provided herein from tlme to time, and all other sums due by
Maker under the Loan D<xuments, anything In any of the Loan Documents to the contrary notwithstanding: and
EOMIOMMI3.I.a4/017o..lS7o.)
.
oJ
payment thereof IllIY be enforced and recovered In whole or In pan II any time by one or more of the remedlea
provided to Payee In the Loan Documenll. In .uch cue, Payee may also recover all coall of lull and other e~
In coMmlon therewith, to&elher with a reasonable anerney'a commlulon for collection, toðer with Inlercat on any
jud&1Dent obtained by Payee lithe rile provided herein from time 10 time, Includln& Interestllthll rile from and after
the dace of any Sherlff'1 sale until actual payment II made by the Sheriff to Payee of the full amount,
The remedies of Payee as provided In lbe Loan Documents and the warrants contained therein JhalI be
cumulative and concurrent, and may be pursued 11n&ly, aucusslvely or to&elher at the sole discretion of Payee, and
may be e.erclsed IS often IS oewlon therefor &hall occur; and the failure to uercise any luch rl&ht or remedy &hall
In no event be consuued as a waiver or release therefor or of any other r1ihl or remedy,
E.cept for any required nollce(l) under the Loan Documents, Maleer hereby waives and releases all errors,
defCClS and Imperfections In any proceedln&s Instlluled by Payee under lhe terms of the Loan Documents, as well as
all benefits thaI ml&ht accrue to Maleer by vlnue of any present or future laws exempting lhe Mort&aged Property, or
any other property, real or personal, or any pan of the proceeds arlsln& from any sale of any .uch property. from
auachmenl, levy or .ale under execullon, or provldln& for any Ilay of execullon, exemption from civil prouss, or
extcoslon of time for paymenl. Maleer a&rccs thaI any real eslJte that may be levied upon pursuant to a judpCDt
obtained by vlnue hereof, or any wrll of execution luued thereon, may be so levied solely, In whole or In pll1, Iu any
order desired by Payee,
Maleer hereby waives presentment for payment, demand, nollce of demand, notice of non pay men I or dishollOr,
prolesl and nollee of protest of this Note, and all other notices In connection with the delivery, aceepcance,
performance, default or enforcement of the payment of this Note, and agrees that Its liability shall not be affected Iu
any manner by any Indulgence, eXlenslon of time, renewal. waiver or modification granted or consented to by Payee,
Maleer consents 10 any and all eXlenslons of time, renewals, waivers or modifications thaI may be &ranted by Payee
with respect 10 the paymenl or other provisions of this NOle, and 10 the release of the collaleral or any pll1 thereof,
with or without subslltutlon.
Payee Ihall nOl be deemed, by any aet of omission or commission, to have waived any of Its rights or remedies
hereunder unless such waiver Is in wrlling and Ilgned by Payee, and then only to the exlenl lpeelfieally let fonh Iu
laid wrllln&, ^ waiver of one event Ihall not be construed as continuing or as a bar 10 or waiver of any right or
remedy 10 a subsequent event.
Upon defaull, the Maleer does hereby Irrevocably authorize and empower any attorney of any court of record
of Pennsylvania or elsewhere 10 appear for the Maleer on their behalf and 10 confess judgment against the Maleer, Iu
favor of the Payee, with or without dedaratlon filed, for the unpaid principal balance hereof, lO&elher with all amounts
for which the Maleer may be liable to the Payee hereunder. Including, but nol limited 10, unpaid Inleresl, costs and
other expenses of lull and reasonable attorney's fees. all as aforesaid. If a copy hereof, verified by affidavit, &hall have
been filed In laid procecdln&s. Il Ihallnol be necessary to file the original as a warranl of attorney, The authority
&ranled herein \0 confess judgmenl shall nol be exhlusled by any exercise thereof, bUI shall continue, and may be
exercised as aforesaid, from time \0 time and at all times until payment In full of all the amounts due hereunder,
CD
.~
~
EOM/ilMMI3.].9410\70-)1. . .:J74>)
L.~ il (1
MORTGAGE
TillS MORTGAGE, made che q ~ day of ~t1, , 1994, by and between APPLEBV BROS.
AND WlIITfAKER COMPANY, I PeM5ylvanla corporation wlch an address of 230 Souch 101/1 SUed, Lemoyne,
Pennsylvania, (che .Mortgagor.)
AND
DAUPJIIN DEPOSIT BANK AND TRUST COMPANY (che .Mortgagee'), a Pennsylvania banking corporation
having Its main offices at213 Markee Sueet, P. O. BoK 2961, Harrisburg. Dauphin CounlY, Pennsylvania 17105,
W IT N E SSE T II:
WHEREAS, Mortgagor has made, eKecuted and delivered to Mortgagee a Note of even date herewlch (che
.Note'). and 15 Indebted chereunder 10 Mortgagee In che aggregale principal sum of One MIIUon Two lIundrtd
Thousand and 00/100 ($1,200,000,00) Dollars. lawful money ofche Uniled Stales of America, advanced or required
10 be advanced by Mortgagee 10 Mortgagor under and according 10 che lerms and condlllons of the Note of even date
herewlch, che Commitment Lerter dated December 22. 1993, as amended, (che 'Commllmenl Leuer'). which
Commilmenl Lener 15 Incorporaled herein by reference, wlch Inleresl chereon payable al che rales and elmes, in che
manner and according to che lerms and condlllons of che Note, which Note 15 likewise Incorporated herein by reference.
any unpaid remaining balance of che principal sum and accrued Interesl provided for In che Nole being payable on or
before ~ 3 ,2004.
NOW, TIlEREFORE. for and In considerallon of che said Indebledness and for bener securing che payment
of che same and che Inleresl chereon. and all ocher sums payable 10 Mortgagee under che lerms of the Note or chis
Mortgage. according to chelr respective lenDS and condlllons. and for performance of che agreements, condlllons.
covenants, provisions and selpulatlons contained chereln ur hereinafter eKpressed. ami In ecru!n ocher agreements and
Instrumencs made and given by Mortgagor co Mortgagee In connection cherewlch, Including che Commitment Letter.
Mortgagor has granled, conveyed, bargained, sold. aliened, enfeoffed, released. confirmed and mortgaged, and by
chese presents does hereby grant, convey, bargain, sell, allen, enfeoff. release, confirm and mortgage unlO Mortgagee.
Its successors and assigns, all chat cenaln lract or parcel or parcels of real property (che .Premlses.) situate In che
Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described on Ellhlbll . A.
anached hereto and by chis reference made a pan hereof,
TOGETHER WITH any and all edsllng buildings and Improvements erecced chereon or ocberwlse (cbe
.Improvemencs.). and all agreemencs, Plans. building pennlcs and approvals relaled chereto.
TOGETHER WITH all fbtures, appliances, machinery, furniture. furnishings and equlpmenl of any nature
whatsoever. and other anlcles of personal property purchased by Mortgagor and now or II any lime hereafter Installed
In, allached 10 or placed or situated In or upon che Premises or Inslalled In, anached 10 or placed or sllUaled In or upon
booHl\fJ mE 341
, EOtolIOtoltollJ.3.WOI70-3171Jll74-3
the Improvements, or used or Inlended to be used In coMecllon with the real esute, or In the operation of any
buildings IIld Improvements now or hereaRer erec1ed thereon, or In the operation of maintenance of any such buildings
or Improvements, planl or business slcuate thereon. whether or nol the per50nal propeny is or shall be affixed therdO.
Including replacemenlJ IIld SUbslllUllons thereof, but not Including per50nal property or (tide fixtures in which
Mongagor bas no ownenhlp Inlerest, IIld proceeds and producu of the foregoing (the 'Equlpment'),
TOGETHER wrrn all building malerlal, fixcures, building machinery and building equipment delivered on
slle (0 the Premises during the course of, or in coMec1lon with, consl/llcllon of, or reconstruction of, or remodeling
of any Improvements, from time (0 lime, during the lenD bereof,
TOGETHER wrrn all and singular the easements, rights of way, tenements, heredlcamenlS and appunenances
belonging (0 the Premises or any part thereof hereby mortgaged or Inlended 50 co be, or In any way apperulning
theretO (including bul not IImlled 10 all Income, renlS anJ profilS arlxlng therefrom), and all s(teets, alleys, passages,
ways, water courses, and all easements and covenanlS now edsllng or hereaRer cruled for the benefil of me Mongagor
or any subsequent owner or leoanl of the mongaged real esute over ground adjoining the mongaged real esUle and
all rights (0 enforce the maintenance thereof. and all other rlghlS, IIbenles, and privileges of whauoever kind or
character, and the reversion and remainders, Income, renlS, Issues and profits arising therefrom, and all the eslale,
rlghl. tltle,lnlerest, property, possession, claim and demand whabOever, at law or In eqully. of the Mongagor In and
(0 the real esute of any part thereof.
All of the above-mentioned Premises, Improvements, equlpmenl, fixcures, lenements, heredlcaments and
appunenances, and other propeny IntereslS are herelnaRer collec1lvely referred to as the 'projec1',
THIS MORTGAGE shall be deemed (0 be an Industrial planl mongage.
TO HAVE AND TO HOLD the Projecl hereby conveyed or menlloned and Inlended so 10 be. unCO Mongagee,
II successors and assigns (0 Its and their own proper use and behoof forever,
PROVIDED ALWAYS, and this instrument Is given upon the express condillon thaI, If Mongagor pays co
Mongagee the principal sum, the Interesl thereon and all other sums payahle by Mongagor to Mortgagee as are secured
hereby, In accordance with the provisions of the NOle and this Mongage, al the times and In the manner specified,
withoul deduction, fraud or delay, and Mongagor performs and complies with all the agreements, condillons,
covenanlS, provisions and sllpulatlons conlalned herein, In the NOle, and In the Commitment Leller, and In cenaln other
agreements and Insl/llmenlS made and given by Mortgagor 10 Mongagee ('Loan Documents'). then this Mongage and
the esute hereby granled shall cease and become void, .
THIS MORTGAGE Is execuled and delivered subJec1CO the following covenants, condlllons and agreemenlS,
and Mongagor covenants, warranlS and agrees with Mongagee as follows:
I, PA YMEN1' OF SUMS SECURED. Mongagor shall pay 10 Mortgagee the principal of and Inleresl upon
the Note secured hereby according lollS lerms, reasonable charges fixed by Mortgagee to sadsfy and discharge this
Mongage of record, and all other sums hereby secured; and shall keep and perform every other covenant and
agreement of the Note, the Commilmenl Leller, this Mortgage, and In the Loan Documents.
.2,
bOOK USlJ rm 3,s2
, e,OM/tlMMI3.].~17I).]17132.S74-)
2, WASTE, MAINTENANCE, COMPLIANCE AND INSPECTION, Mortgagor shall abstain from and not
permit che commission of wasle in or aboUl che Project; shall not remove or demolish, or alter the suuctUral character
of, any bulldlna allOY time erected on che Premises wichout che prior written consenl of Mortgagee, which shall DOt
be unreasonably withheld or delayed; shall malncaln the Project In good condllion and repair, reasonable wear and tear
elcepted; and shall comply wich alll.ws, orden, municipal ordinances and reguladons affecting che Project within
chlrty (30) days after notice chereof, or such lonaer or shorter period as may be specified In such ootlce or permitted,
withoul penally, by the aovcrnmencal auchorily having jurlsdiction. Mortgagee and Its agents shall have the right, bUl
not the duty, to enler upon che Project al any reasonable hour to inspect che order. condilion and repair chereof.
"
3, ENVIRONMENTAL COVENANTS,
(a) The presenl use of the Premises Is, and any currenlly conlelnplated fulUre use of the Premises will be, In
compliance wich all applicable environmental laws,
(b) All wasles, IOlic or non-lOlic, and all hazardous malerlals stored on the Premises or disposed at the
Premises are properly SlOred and/or disposed of.
(c) To che best of che infonnallon and belief of Mortgagor, paragraphs (a) and (b) above are applicable co usage
of the Premises by predecessors in dlle of Mortgagor,
(d) Mortgagor currently uses 110 hazardous materlals on che Premises and conlemplales no such fulUre us~
elcepl in accordance with Paragraph 3(b),
(e) Mortgagor hereby grants 10 Mortgagee che right CO require at any lime If Mortgagee reasonably believes
chese covenants have been violaled, an environmental audit Including such physical tesllng as may be reasonably
concluded CO be necessary, co determine compliance with applicable environmental law .
(0 Mortgagor, lIS successors and assigns, hereby agrees to defend, Indemnify and hold harmless Mortgagee,
lIS directors, officers, employees, agents. conlraclors, sub-contraclors, licensees, Invltees, successors and assigns from
and againsl any and all clailll5, demands, judgmenlS, damages, acdons, causes of acdon, Injuries, adminisuallve orders,
consenl agreemenl and orders, lIabllllles, penaldes, costs and elpenses of any kind whalSoever Including clallll5 arising
out of 1055 of life, Injury co persons, property, or business and/or damage 10 nalUral resources In connection with the
actlvllles of Mortgagor, its successors and assigns or third parties who have occupied (lr trespassed on the Premises,
or any of chern, whether or not occasioned wholly or In part by any condition, accldenl or evenl caused by any act or
omission of Mortgagor which, (I) arises OUl of the actUal, alleged or lhrealened discharge, dispersal, release, slorage,
treatment, gener'llon, disposal or escape of pollutants or other 10llc or hazardous subslances, Including any solid,
liquid, gaseous or thermallrrltanl or concamlnanl, Including smoke, vapor, SOOI, fumes, acids, alkalis, chemicals and
wasle (Including materials to be recycled, reconditioned or reclaimed), or (2) actUally or allegedly arises out of the use,
specification or inclusion of any product, material or process containing chemicals, the failure 10 detect the edslence
or proportion of chemicals in the soli, air, surface waler or groundwater, or che performance or failure CO perform lhe
abatemenl of any pollution source or che replacement or removal of any soil, water. surface waler. or groundwater
containing chemicals. The Mortgagor, lIS successors and assigns, shall bear, pay and discharge when and as the same
become due and payable any and all such judgmenlS or claims for damages, penalties or ocherwlse against Mortgagee,
shall hold Mortgagee harmless for such judgments or claims, and shall assume che burden and elpense of defending
.J,
iio~ 1199 F~C[ 3.t3
.EOM/OMM/JoJ.94IO 170-317131574-3
, .
all sullS,ldmlnlslrltlve procecdlnas and neaolllllons of any dC3crlpllon with any and all penons, polllltal subdivisions
or aovemmenl aaencles arlslna out of any of the occurrences set fonh herein.
,
" INSURANCE,
(I) Mortaaaor shall keep the Project conllnuously Insured against loss or damaae by lire. with ellended
coveraae, and aaalDSt such other hawds as Mortaagee may rW'lnably require. Without IImldna the foreaoina,
Mortaaaor shall, if requesled by Monaa&ee, malnwn Insurance as follows:
(I) Insurance aaalnstloss or damaae to the Project by lire and any of the risks covered by Insurance
of the type now known as .lire and ellended coverlae,. In an lIIlOunl nol less than the orlglnalllllOunt of the NOle
or that percentlae of the full replacemenl COSl of all buildings and ImprovemenlS now or hereafter erected thereon
(exclusive of the COIl of excavations, foundations, and foollngs below the lowesl basemenl floor), required to sadsry
any applicable co,lnsurance requirement In such policy and with not more than $1,000 deductible from the loss payable
fur any casually, The policies of Insurance carried In accordance with this subparagraph (i) shall conWn the
'Replacemenl Cosl Endorsemenc';
(II) Comprehensive public liability Insurance on an .occurrence basis. aaalnsl claims for 'penonal
Injury,. Includlna wlthoutllmllallon bodily Injury. death or propeny damage occurring on, In or about the Project and
the adjoining Slrcets, sidewalks and passageways, such Insurance to afford Imrnedlale minimum protection to a limit
of DOt less that required by Mongagee with respect 10 personal Injury or death 10 anyone or more persons or damage
to propeny;
(iii) Worker's compensallon Insurance (Including employer's lIabllllY Insurance, if requested by
Mortgagee) for all employees of Mortgagor engaged on or with respect 10 the Project In such amounl as Is reasonably
sadsfactory to Mortgagee, or, If such IImllS are eslabllshed by law, In such amounlS;
(Iv) During the course of construction or repair of the ImprovemenlS, bullder's completed value risk
Insurance against .a11 risks of physical loss, . during construction of such ImprovemenlS, with deductlblC3 1101 to exceed
$1,000, In non-reporting form, covering the 10lal value of work performed and equlpmenc, supplies and materials
furnished, If requesled by Mongagee, such policy of Insurance shall conlaln the .permisslon 10 occupy upon
completion of work or occupancy' endorsemenl:
(v) Such other Insurance, and In such amounlS, as may from lime 10 time be reasonably required by
Mortgagee against the same or other hazards,
(b) All pollclC3 of Insurance required by the lerms of Paragraph (a) shall conlain an endorsement or agreement
by the insurer thaI any loss shall be payable In accordance with the lerms of such policy 1I01wlthslandlng any act or
negligence of Mortgagor which might otherwise resullln forfelwre of such Insurance and the funher agreemenl of the
Insurer waiving ali rlghlS of set-off, counterclaim or deductions agalnsl Mortgagor.
(c) All policies of Insurance shall be Issued by companies and In amounlS In each company satisfactory 10
Mortgagee. All policies of insurance shall have anached thereto a mortgagee clause in favor of Mortgagee, and In
form satisfactory 10 Mortgagee, not subject to contrlbullon, and lender's loss payable endorsemenc for the benelil of
-4-
fo'o<< 1199 rACE :).U
--.
.fOMlOMMIJ.].CWOI70-31713 :!.l74-]
. .
Mongaaee, all of form sallsfac;tOry (0 Monllagee, Mortgagor shall fumish Mongagee wllh a si&ned duplicate orlilnal
policy wllh respect (0 all required Insurance coverage, If Mongagee consenlS (0 Mongaaor provldini any of che
required Insurance chrouih blanket policies carried by Monaagor and coverini more chan one locallon, chen Mortllagor
shall fumlsh Monillee wlm a sl&ned certlficale of Insurance for each such policy seulni forth che coverage, che Ilmlll
of liability, che IllJlIe of me carrier, che policy number. and che elplrallon date. and IiSllng Moniagee as Fint
Mongaiee, Atlwt twenty (20) days prior (0 che elplralion of each such policy, Mongagor shall fumlsh Mongagee
wich evidence satisfactory (0 Moniaaee of me payment of premium and che relssuance of a policy conllnulnilnsurance
In force as required by chis Monaaae. All such policies, including policies for any amounlS carried In elCCSl of che
required minimum and policies not specifically required by Moniaiee, shall be In form sadsfactory (0 Mortaqee, shall
be lIlIlnlllned In full force and effect, shall be assl&ned and delivered (0 Mongagee, wlch premiums prepaid. as
colialeral security for payment of me Indebtedness SCC'Jted bereby, and shall contain a provision chal such policies wUl
not be canceled or materially amended, which lerm shall Include any reducdon In chu scope or limllS of coverage,
wllhoul alleast len (10) days prior written notice co Mongagee. If the Insurance, or any pan mereof, shall elplre,
or be wlchdrawn, or become void or unsafe by reason of Mortgagor's breach of any condlllon thereof, or become void
or unsafe by reason of the value or Impalrmenl of the capilli of any company In which the Insurance may chen be
carried, or If for any reason whatever the insurance shall be unsatisfactory 10 Mongagee as determined In che elerclse
of Mongagee's reasonable commercial Judgment, Mongagor shall place new Insurance on the premises, satisfactory
(0 Moniagee,
(d) In che event Mongagor falls 10 provide, mainlaln, keep In force or deliver and fumlsh co Mongagee lhe
policies of Insurance required by chis Mongage, Mongagee may procure such insurance or slngle-inlereslS Insurance
for such risks covering Mongagee's Inleresl, and Mongagor will pay all premiums thereon promptly upon demand by
Mongagee, and until such paymenl Is made by Mortgagor. the amounl of all such premiums. (Ogether with Interesl
thereon at the rale specified In the Note, shall be secured by this Mortgage.
(e) In the eventofloss, Mortgagor will give Immedlale notice thereof 10 Mortgagee, and Mortgagee may make
proof of loss If not made promptly by Mortgagor. Each Insurance company concemed Is hereby authorized and
directed co make payment under such insurance, Induding relllm of unearned premiums, dlrel:t1y (0 Mortgagee Inslead
II of (0 Mongagor and Mongagee Jointly, and Mongagor appoinlS Mongagee, Irrevocably, as Mongagor's atlomey.ln.
fact (0 endorse any draft therefor, If Mongagee bel:omes the owner of the Projecl or any pan thereof by forel:losure
, or otherwise, such policies, Including all right, title and inlerest of the Mortgagor thereunder. shall become the absolule
I
property of the Mortgagee.
(0 The proceeds of all Insurance on the Premises shall be applied as follows:
(I) The Mongagee may, al lIS option, after consulting with Mongagor. apply proceeds of such
Insurance loward prepayment of the amounlS secured hereby (any elcess proceeds 10 be paid (0 the Mortgagor); or
(II) If the Mortgagee does not elercise che option In subparagraph (I) above then:
(a) If the Premises are partially or tolllly deslroyed by fire, flood, wlndslorm or other casually
so as (0 render me Premises unsullable for Mongagor's continued use, Mongagor shall have the opllon of not
replaclng, restoring or repairing the damaged Premises, but In lieu of such replacement, restoration or repair, having
che Mortgagee apply the proceeds of such Insurance on the Premises toward the prepayment of the amounlS sel:ured
hereby (any elcess proceeds to be paid to Mortgagor); or
,5,
ioop.11UtJ FAtE n.1~
. 'EljMICM MI3.H4101 'JO."713~74-3
(b) If che Morteallor does not elec:tto prepay che amounts secured hereby In full. che pr()(ecds
of such Insurance shall be held by che Morteaeee In a separate Insurance loss accounl unlll such time as Morteaeor
shall have delivered 10 Morteaeee, for Its approval and co Its satlsfacllon, sufficlenl plans, specifications and conttaCU
conlalnlne a detailed breakdown of che costs 10 replace, rescore or repair !he damaged Premises; !hereafter. the
Moneallee wUl, upon delivery 10 It of a certificate of che Mongaeor settlne fonh !he coslS cheretofore Incurred or paid,
and subJec:t1O Morteagee Inspealon and acceplance of !he replacement. restoration, or repair ofche damaged premises.
apply so much as may be necessary of che pro<:eeds of such Insurance coward che paymenl of !he coslS of such
replacement. rescoratlon or repair, If said Proceeds are not sufficlenl CO pay In fullche COslS of such replacement.
restoration or repair. che Mortgagor will nonetheless complete (or cause co be completed) che work !hereof and wUl
pay such excess COslS prior co requesting Mortgaeee 10 apply any of che pr()(eeds of such Insurance co che cost of such
replacemenl. rescorallon or repair, Any balance of said proceeds of Insurance remaining after che payment of all COSlS
of such replacemenl. rescoratlon or repair shall be applied loward che prepayment of che amounlS secured hereby, If
said amounlS shall have been paid In full. any balance of said proceeds of Insurance shall be paid to che Mortgagor;
provided. however. chat if che Mortgagor does not elec:t 10 prepay che amounlS secured hereby In full. chere shall be
DO dlmlnullon In or postponemenl of future InscallmenlS payable under che NOle or hereunder until payment chereof
in full. and che Mortgagor shall pr()(eed promptly 10 replace. reslore or repair che Premises damaged or desttoyed or
cause said work 10 be done,
5, TAXES AND OTHER CHARGES. Mortgagor shall pay all real eslale taxes. waler and sewer renlS and
ocher similar claims and charges assessed or which may be assessed or levied upon or against the ProJec:t or any pan
thereof, by any lawful auchorllY, wl!hout any deduction, defalcallon or abatemenl, not later chan ten (10) days before
the dales on which such (axes, assessmenlS, water and sewer renlS. claims and liens commence co but Inleresl or
penallles, and not later chan such dales shall produce 10 Mortgagee receiplS for che payment chereof In full. and shall
pay every ocher laX, asse5smenl. claim, lien or encumbrance which may at any time be or become a lien upon the
ProJec:t prior CO !he lien of chis Mortgage. and shall pay, when due, and will not suffer 10 remain oUlStandlng, any
charges for utilities. whether public or private. wlch respect 10 che proJec:t; provided. however, chal If Mortgagor In
good falch and by appropriate legal action shall conlest che valldllY of any such ilem. or che amounl chereof. and shall
have set aside adequale reserves cherefor or provided securllY sallsfaClory 10 Mortgagee In Mortgagee's possession,
chen Mortgagor shall not be required 10 pay che item while che reserve Is malnlalned and so long as che conlesl operales
10 prevent collec:tlon. Is malnlalned and prosecuted wi!h due diligence, and shall nOl have been lerminated or
discontinued adverseiy 10 Mortgagor,
Mortgagor covenants and agretS not to creale, nor permit 10 accrue, upon all or any pan of che Project. any
debt. lien or charge which would be prior 10, or on a parily wich. che lien of chis Mortgage.
6. SECURITY AGREEMENT, This Mortgage cons1l1ules a securllY agreemenl under che Uniform
Commercial Code and creales a securlly Inleresl In che personal property Included In che proJec:t. Mortgagor shall
execule. file and reOle such financing Slalements or ocher securily agreements as Mortgagee ~hall require from lime
to lime wlch respea co said personal property,
Notwlchstandlng che filing of a financing stalemenl covering any of che Project In che records nonnally
pertaining to personal propeny, all of che Project, for all purposes and In all proceedings, legal or equitable. shall be
.().
iOo~ 1199 fltE :loSS
.' epMlOMMlN.WI1l70-3I7I3:374-3
regarded, at Mongagee's option (to !he extenl permlned by law), as part of !he Realty whether or not any such Item
is physically auached 10 !he Really or Improvemenu or serial numbers are used for !he better Identification of cenalD
ilems, The mention In any such financing scatemenl of any of !he Project shall never be consuued as ID any way
a11erlng any of !he rlghu of Mortaagee Dr adversely affecting !he priority of !he lien granted hereby or by any other
Loan Document, but such mention In !he financing scatemenl Is hereby declared 10 be for the prolcctlon of Mongagee
In the event any coon shall allOY time hold thal notice of Mongagee's priority of Interesl, 10 be effective agalnsl any
third party, IncludlDg the federal govemmenl and any authority or agency !hereof, must be nJed In the Uniform
Commercial Code records, A carboD, pholOgraphic or other reproduelion of !hIs Mongage or of any lilWlclng
Slalementllgned by Mortalior In coMection berewl!h Ihall be lufficlent as a financing lcalemenl and may be filed 10
perfectlbe securhy Interest created hereby,
The Project Includes goods whlcb are or are 10 become lixcures and !hIs Mongage Is Inlended 10 lerve as a
flxcure filing under Section 9402(1) of !he Pennsylvania Uniform Commercial Code.
7, RIGHT TO REMEDY DEFECTS. If Mongagor falls to pay any assessmenl, tax, claim, lien or
encumbrance which shall be or become prior In lien 10 !hIs Mongage (excepl and to !he eXlent only thaI any sucb item
or !he amounl thereof II being contesled In good faith as per Paragraph S hereinabove), or 10 pay any Insurance
premium as aforesaid, or to keep !he ProJect In repair, as aforesaid, or commiu or pennllS waste, !hen Mongagee.
al iu opllon, may pay said claim, lien, encumbrance, tax assessmenl or premium, with rlghl of subrogation !hereunder,
may make such repairs and take such steps as It deems advisable 10 prevenl or cure such waste, and may appear In any
lI:1ion or proceeding wl!h respeclto any of !he foregoing and relaln counsel !herein, and lake such action !hereln as
Mongagee deems advisable, and for any of said purposes Mongagee may advance such sums of money as it deems
necessary, Mongagor will pay 10 Mongagee, Immediately and whhoul demand, all sums of money advanced by
Mongagee pursuant 10 this paragrapb, together with Interesl on each advance al !he rale set forth In !he NOle, and all
such sums and Interesl !hereon shall be secured hereby.
I 8, CONDEMNATION, If any part of the Project Is condemned by any lawful authority for any public or
t quasl.publlc use or purpose, any award or payment arising !herefrom shall be applied loward !he prepayment of !he
amounlS secured hereby, No senlement for !he damages sustained !hereby shall be made by Mongagor without
Mongagee's prior wrlnen approval !hereof. If the amount of an Initial award of damages for the condemnation is
buufflclent 10 pay !he amount of indebtedness secured hereby In full wl!h Inceresl, penallles, and cosu, Mongagee shall
have !he rightla file an appW or such other legal proceedings as legal counsel may advise 10 be appropriate under
!he circumstances in !he name of Mongagor or of Mortgagee (for whlc~. action Mortgagee or such counsel as II chooses
il hereby Irrevocably appointed attomey-In-fael for Mortgagor), and to prosecute same to linal conclusion or o!herwlse
dispose !hereof, In which event !he reasonable expenses of !he appeal or ocher approprlale legal proceedings, including
but nol IImiled 10 reasonable counsel fees, shall be flrsl paid OUl of !he proceedl, and no credit shall be given on
accounl of !he mongage debl ocher !han a credit for !he amount. If any. whereby !he final proceeds exceed all such
expenses, No!hlng In !hIs CQvenanl or elsewhere In !hIs Mortgage shall limit rights otherwise available at law 10
Mongagee, Including bUl nol limited to rights to Intervene as a pany 10 any condemnation proceeding. Any and all
compensation, awards, damages, claims, rlghlS of action and proceeds hereunder, up 10 !he amoonl due hereunder 10
Mongagee (any excess to be recurned 10 Mnngagor). are hereby assigned by !he Mongagor 10 !he Mortgagee, la be
applied as herein provided, The Mongagor agrees to execute any assignment agreemenlS !hal !he Mongagee may
require In furtherance thereof,
,,-
eooKl 139 rACE 3.27
. " ,EO,MIOMMr.l.'.WOI70-3I7IJ1l74-'
9. TRANSFER OF 1TTLE. Unless Mortaaaee shall have consented thereto, In advance, In writlna, any
transfer by sale, uslanment, alft, devise, operation of law or otherwise of the fee lllle Interest or equitable tllle Interest
In all or any portion of the Proj~ shall have the same consequences 15 an Event of Default resp~lna the Indebtedness
secured hereby, Upon the occurrence of any such transfer, Mortaaaee, without prior notice or the elapse of any period
of &race or :he rlahtco cure, shall have the rlahtCO declare all sums secured hereby Immediately due and payable, and
shall have die r1ahtCO exercise all remedies provided In the Commlcment Letter, Note, and any other Loan Documenl
alven by Monalior CO Mortalllee, or otherwise at law,
10, MORTOAGE ADVANCES, The conslderadon for the within Mortaaae Is the presenl advancemenl of
funds CO the Mortalllor by the Mortalllee In accordance with the Commllmenl Letter CO provide for the refinance of
the Premises; the within Monaage shall have the full force, effect and bene fils of a Mongage CO secure presenl
advances since this Mongage Is intended CO be and Is a purchase money Mortgage under the provisions of the Lien
PrioriI)' Law, 15 amended and supplemented,
.11. FURTIlER ASSURANCES, At any lime, and from lime 10 lime, upon requesl by the Mortaagee, the
Mortgagor will cooperale 10 e~ecule and deliver or cause 10 be made, e~eculed and delivered 10 the Mongagee any
and all other further Inslnimenls, certificates, and other doc:umenlS as reasonably may, In the opinion of the Mortgagee,
be necessary or desirable In order co effeclUale. complete, perfecl or 10 continue and preserve the obligation of the
Mortgagor under the Note and the lien of this Mongage and securley Inleresl, Mongagor, upon requesl of Mortgagee,
shall asslan co Monaagee as security for the mortgage debt, Mongagor's Interest In all leases, aareemenls. plans,
specifications, contracts, licenses and permlls affecting the Premises, such assignment co be made by inslnimenls In
form satlsfac:lOry CO Mortgagee, but no such assignment shall be constrUed as a consent by Mongagee co any sale
agreemenl, (we, agreement, contract, license or permit so assigned, nor Impose upon Mongagee any obligations with
resp~ thereto. Within len (10) days after requesled to do so by Mongagee, Mongagor shall certify, In wrldna duly
acknowledged. the amount of principal, Inleresl and other charges then owing on the obligation secured by this
Mongage, and whether there are any set-offs or defenses againsl Ie,
12, LEASES, Mortgagor shall not e~ecule or enler into any lease agreement covering all or any pan of the
Proj~. wlehout having first obtained the prior written consenl of Mongagee, which consenl may nol be unreasonably
withheld,I
13, LATE CHARGES, In the event any paymenc(s) shall become overdue for a period of len (10) days, a
late charae may be Imposed of an additional five percent (5 %) on all sums so overdue,
14. DEFAULT AND REMEDIES, The following shall, al the option of Mongagee, conslilUle Events of
Default hereunder:
<a) The failure of Mortgagor to pay any Installment of principal or Interest within len (10) days aller
the same becomes due and payable.
.8,
roO~ l1!JfJ r.ct U-S8
. ' IlOMiOMMIJ.H4I017().3171J1574-]
, ,
(b) The failure of Monalior co pay any other amount(s) required 10 be paid In Ihe Note or In this
Mona"8e as the same becomes due and payable,
(c) Mortaaaor shall have failed CO obsave and perform each and every one of the lerrns, covenanl-',
promises and aareemenlS on Il-' pan CO be observed and performed under Ihe Commlunenl Letter or the Note or Ihls
Mongaae or any of che olher documenl-' or InsulImenl-' delivered CO Bank In connecclon with the Loan (other Ihan the
payment of money),
(d) The occurrence of any Event of Default, as derIDed In Ihe Note or In the Commlunentletler,
(e) '(be occurrence of any failure of lhle respccllna Ihe Project resulllng In Mongaaor's loss of
possession,
(I) The occurrence of any Evenl of Defauh under any note, mongage, loan agreemenl or any collateral
documcol uecuted by or on behalf of or for Ihe bcnefll of Mongagee under or In connecllon wllh any uansacllon
between Monaaaor and Monaagee (other than the Inseant uwactlon), whelher such other loan uansacelon(s) or any
of them, has been enlered inlo prior 10 or after the date hereof.
Upon Ihe happening and continuation, uncured, of anyone or more Evenl-' of Defauh, the enllre unpaid balance
of Ihe principal, Ihe accrued Interest and all olher sums secured by this Mongage shall, al Ihe opllon of Mongagee,
become immediately due and payable wlthoul funher notice or demand, and In any such case Mortgagee may fonhwilh:
(I) Foreclosure. Institute an action In mongage foreclosure, or lake such other ace ion, as the law may
allow In wn. at law or in equhy, for the enforcemenllhereof and realization on Ihe mortgage securlly or any olher
securicy which Is herein or elsewhere provided for, and proceed thereon to flnal judgment and execution thereon for
the enllre unpaid balance of said principal sum wllh Inleresl at Ihe rale provided In the NOle, togelher with all other
sums secured by chis Mongage, all cosl-' of suit, interesl as provided in Ihe Note on any judgmenl obtained by
Mortgagee from and after lhe date of any Sheritrs Sale of the Project (which may be sold In one parcel or in such
parcels, manner or otherwise as Mortgagee shall elect) until actUal paymenl is made by Ihe Sheriff for the full amount
due Mortgagee, and a reasonable attorney's commission for collection, without funher slay, and with a full release of
errors, any law, usage or cuslom 10 the contrary nOlwlthseanding, or
(2) EnlQ/: Receivership. Entertnto possession oflhe Project, wilh or wllhoul legal ace ion, and by force
If necessary. lease the same, collect all renl-' and profll-' Iherefrom, and after deducdng all cosl-' of collecclon and
admlnlsUatlon expense, apply the net renl-' and proflts CO the payment of taXCS, water and sewer renl-', charges and
claims, insurance premiums and all other carrying chargcs (Including but nOl limited to reasonable agenl-"
compensadon and fees and costs of counsel and receivers) and CO the maintenance, repair or resloralion of the Project
or on accounl and In reduce Ion of the principal or Inlerest, In such order and amounts as Mortgagee in Mongagee's
sole discretion may elect. or have a receiver appointed 10 enler into posscsslon of the Projecl, collectlhe rents and
proflts therefrom, and apply the same as the coun may dlrecl, Mortgagee shall be liable to account as required by
applicable law, For such purposes Mongagor hereby authorizcs any al10mey of any coun of record to appear for
Mortgagor CO sign an agreement for entering an amicable aCllon of ejeclmenl for possession of the Project, and 10
confcss judgment therein agalnsl Mortgagor In favor of Mortgagee, whereupon a writ may fonhwlth Issue for the
Immedlale possession of Ihe projecc, and for reasonable al1orney's fees wlthoul any prior wrll or proceeding
.9,
eoo<< 1199 FAtE :).19
Ie: (f/ft.r" J ~
(9" (I (r '~t 4 ' /..1 ,6 h tL, '"
! ~,':t/~(f, ::j{r ~
~ ~ ~r:
- .....
~ ~ t. ..
kl '" . f ~"
VI In ~y~;:.:.
g ~ M
~ en i ,'~
I' I ~..
...; ".
0 J " "
:,- "
.. ,
0- "
.... L'
t V">
\2>
f ,...
" .
,.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DAUPHIN DEPOSIT BANK AND
TRUST COMPANY
213 Market Street
Harrisburg, PA 17101
Plaintiff
MORTGAGE FORECLOSURE
v,
APPLEBY BROS, AND WHITTAKER
COMPANY
230 South lOth Street
Lemoyne, PA 17043
Defendant
NO, 95-4705
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
1. Admitted,
2, Admitted,
3. Admitted,
4. Admitted.
5. Admitted,
6, Admitted,
7, Admitted,
B. Admitted.
9, Admitted.
WHEREFORE, Defendant Appleby Bras, and Whittaker Company
consents to the entry of judgment in mortgage foreclosure in favor
(045\7320\7320022,0011
original principal amount of $1,200,000.00. A true and correct
copy of the Note is attached hereto and made a part hereof as
Exhibit "A",
4. As security for its obligations under the Note,
Appleby executed a mortgage in favor of the Bank on certain real
property located in the Borough of Lemoyne / in the county of
Cumberland and the commonwea~th of pennsylvania which is described
by metes and bounds in Exhibit "A" to the Mortgage. A true and
correct copy of the Mortgage is attached hereto and made a part
hereof as Exhibit "B",
5. The Mortgage was recorded in the Office of the
Recorder of Deeds in cumberland county in Mortgage Book 1191 at
page 941 et seq, on March 7, 1994.
6. Defendant Appleby is the real owner of the property
covered by the Mortgage,
7. Appleby is in default under the Mortgage by reason
, of its failure to make payments as and when due,
B. The following amounts are due under the Note and
Mortgage:
principal:
$1,09B,079.63
Interest through
August 10, 1995:
TOTAL:
9,760,71
$1,107,840.34
Interest continues to accrue at the per diem rate of $244.02.
9. The Mortgage provides that the Bank shall be
entitled to recover its reasonable counsel fees for enforcement of
-2-
.j
EOMIOldWJ.I.WOI1Goll7.,Q.J
.
.).
;:; FI'/e..b y t!.ros ~ Whifla.J<.er G-rnPOf'l(
51,200,000.00
()/~ 5f),Oo?-7
M.~cJ\ Lf ,1994
\.emO)'IIC. pennsylvanll
rmIE
FOR VALUE RECEIVID, and Inlendlns 10 be leSllly bound. APPLEBV BROS. AND WlDTl'AKER
COMPANY, a Pennsylvanll corporation havln& hs principal office &1230 Scu!h lOch Street, Lto.mo)'lle, Pennsylvania
17043. (!he 'Maker'), hereby promises 10 pay \0 !he order of DAUPIUN DEPOSIT BANK AND TRUSI'
COMPANY, a Pennsylvania bankln& corporatlo!, (lhe 'payce'), Illes offices al 213 Market Streel, P.Q, Box 2961,
Harrlsburs, Dauphin CounlY, Pennsylvania 171OS, or &1 such other place IS lhe holder bereof may, from time 10 lime,
direc1 Maker In writing, lhe principal sum of One MIllion Two Hundred ThoU5and Ind 00/100 ($1,200,000,00)
Dollars, lawful money of lhe Unhed SlJles of America, IOgecher wilh Inleresl al !he nle of elghl (B~) percent per
annum In accordance wllh lhe lerms hereof until J.l4~ :J) 1999, and conclnulng lhereafter at an annual rale equal
10 lhe Dauphin Deposit Base Rale, as In effeel from lime 10 time, plus one (1 ~) percent per annum In accordance wllh
lhe teons bereof unlll \IoJ.J1t(o...,J ,2004, at which lime all principal and Interesl accrued sball be due and payable
II once wllhout funher notice al lhe oplion of lhe Payee. The principal and Inleresl shall be payable as follows:
Commencing on the firs( day of lhe firsl monlh followin& !he dale hereof and on che finl day of each
succeeding monlh, for a period of SlxlY (60) monlhs, Maker shall pay 10 Payee consecutive fixed monlhly payments
of principal and Inleresl, each In lhe amounl of 514,559,31, each of which payments shall be f1fSl applied 10 the
paymenl of Inleresl on lhe principal balance outstanding and lhen 10 the reduction of principal,
Thereafter, commencing on !he firsl day of the slxly'firsl (6\5t) month followin& the dale hereof, and
conllnulng on the firsl day of each succeeding monlh, Maker ~hall pay 10 Payee fixed monthly pa)'lllenlS of principal
based upon !he balance of the original a&reed len (10) year amortlulion, logether with Inleresl on \he principal balance
outsWlding al the then currenl Inleresl rale as provided herein, each such paymenllO be applied lirsllO the payrnenl
of Inleresl on the principal balance oUlStanding and !hen 10 the reducllon of principal, and payments 10 conlinue unlU
, 2004, al which time all unpaid principal and Inceresl accrued shall be due and payable at once wlthoul
funher nolice al the oplion of the Payee.
Maker agr~ lhal lhe Payee shall have che rlghl 10 adjusl lhe amounl of lhe monchly payrnenlS from lime to
time as lhe inceresl rale changes,
Inlelesl accruing hereon for any period shall be determined by mulliplylng lhe oUlSWldin& principal balance
bereof by lhe applicable rale of inleresl and mulllplylng lhe product !hereof by a factor equal \0 che number of days
In such period divided by Three Hundred and SlxlY (360), ,
For purposes of this NOle, the 'Dauphin Deposh Base Rale' shall be lhe nle of inleresl per annum specified,
from lime \0 lime, by Dauphin Dq>osh Bank and Truu Company, or les successor, as lIS 'Base Rate'. whether or 1101
!he Payee may from lime 10 lime lend at rales higher or lower !han said Base Rate. The'Base Rale' shall be
calculated on a dally basis and applied to lhe outstanding unpaid principal balance,
EOMlOMM/3.\.I-C/OI7o.8117o.)
.
.
Maker shall have 1M rlihtCo prepay ebe Note In full, or In pan, wieb no charie or penalty, No IUch
prepayment o( principal shalllntenupl or poscpone the paymcoI of the monthly inslallments o( principal and Imerest
which shall continue Co be due and payable until paymcot hereof In full,
U any inscalhnenl o( principal and Inleres! or any other paymenl due bereunder II DOt paid wlchln len (10) days
of Its due dale, alate charie shall be Imposed o( an addlllonal Five perUlll (511') on alllums 50 overdue. Provision
(or such lale charge shall not be consuued Co permll Maker Co make any paymcot after Its due date, obligate Payee 10
accept any overdue Inscallmenl or affect Payee's rights and remedies (or Maker's de(ault under chis NOIe,
The proceeds o( che loan evidenced by chis Nole are belni disbursed by che Payee In aG(XlrdlDce with the tennS,
conditions and provisions o( che Commhmenl Letter daled December 22, 1993, as amended, between che Maker and
che Payee, which documents are made a pan of chis Note as If let (orth herein in full, Said proeecds will be applied
Co refinance the propeny known as 230 South 10th SUecl, Lemoyne, Cumberland County, Pennsylvania and relaled
costs and expenses,
This Note Is secured by, Inter alia, a Mongage from Maker 10 Payee o( even date berewlch and Inlended 10
be recorded (orthwlth, secured upon premises conslhutlng a pan 01 che Project, as described In said Mortglie, All
o( che agreemenlS, condhlons, covenants, provisions and sllpulallons contained In the Mortiaie which arc Co be kepI
and performed by Maker and Payee, are hereby made a part o( this NOle to the same exlCOl and with che same (orcl
and effect as If they were fully set (orth herein, and me Maker covenan15 and agrees (0 keep and perfonn them, 01
cause them (0 be kepI and perfonned, scrlClly In accordance wlch chelr lerms,
This Nole, che Mortgage, che Commhmenl Lener and any other documenl delivered In conneccion herewltt:
are referred 10 herein colleccively as che 'Loan Documents,' and the provisions chereo( are Incorporaled herein b)
reference.
Subjecc to any applicable notice and grace perlod(s), If the Maker shall fall 10 observe or perfonn any of lIn
lenDS, agreements, covenanlS and condhionso( che Maker contained herein or in any other Loan Document,ebe Payee,
In lIS discretion, bUl withoul any dUlY (0 do so, and wichoUl waiving any defauh, may perform any of such tennS,
agreements, eovenanlS and conditions, In whole or In pan. and any money advanced or expended by ebe Payee In 01
(Oward ebe fulfillmenl of such tennS, agreemenlS, covenants and eondhions shall be due on demand and shall bccolllt
a pan of and be added 10 che IndeblednC.ls due under chis NOle, with inleresl 10 be paid chereon l1ebe then current rile
provided herein from the dale o( the respecllve advance or expenditure, and secured by ebe Monglie.
III ebe evcot of any defauh In paymenl of any Inswlmenl o( principal or Inlerest under chis NOle for a perloc
o( len (10) days after the same shall have become due and payable, or If any evenl o( derauh, as described In thl
Mortgage, or any ocher Loan Documenl, shall occur and be conlinuini beyond any applicable &TIce period, an even'
of derault shall occur hereunder and Payee, al lIS opllon and wlchout further nollce (0 Maker, lII.Iy declare lmmedlaleJ)
due and payable che enclre unpaid balance of the principal sum of this NOle wich Interesl accrued ebereon al che I'Ill
spcclfledlO the dale o( defaull and thereafler at the rate provided herein from time 10 time. and all odltt sums due b:
Maker uncle: the Loan Documents, an)'lhlng In any o( the Loan Documcots 10 the conuary notWIlhscandina: IDl
EQMlQMMI3'I.l4'017C)o.~7()'3
.
.,
payment chereo{ may be enforced and recovered in whole or In part II any lime by one or more o{ the remedies
provided CO Payee ID che Loan Documents, In autb case, Payee may also recover all COIlS o{ suit and other eJjIenSCI
In connection cherewlch, COSethCf wlch a reasoJllble anorney's commission {or collec:lloD, COScther wich Interest OD any
jud&J1lent obtalDed by Payee Ilche rile provided berelD {rom time CO time, includlns InlerestII chll rile frolD and aftet
che date o{ any Sberlfrs sale unlll actUal paymen1 Is made by che Sheriff CO Payee o{ che {ull amounl,
The remedies of Payee as provided in the Loan Documents and the warrants contained cherein ahaIl be '
cumulative and CODcurrenl, and may be PUf$ued slnSly, auctC$Slvely or coSether Ilche IOle discretion o{ Payee, and !
Play be exerc\scd as often as occasion chere{or shall occur: and che {allure co exercise any such rlSht or remedy shall
In no evenl be consuued as a waiver or release chere{or or o{ any ocher rlshl or remedy,
EXccpl (or any required nollce(s) under che Loan Documents, Maker hereby waives and releases all errOf$.
defectS and Imperfections In any proccedlnSs Instituted by Payee under che terms o{ che Loan Documents. as well as
1II1 benefilS chat mlshl accrue 10 Maker by vlnue o{ any present or (uture laws exempting che Mortgased Propert)', or
any OchCf propert'J, real or personal. or any part of che proceeds arising {rom any sale of any such property, {rOlD
anachmenl, levy or sale under execution, or providing {or any sllY o{ exccullon, exempllon from clvU process, or
eXlensloD of tlrne {or payment, Maker a&fees chll any real estale chal may be levied upon pUf$uant (0 a jud&1JlClll
obtained by virtue hereof, or any wrll of execution Issued chereon, may be so levied solely, In wbole or in part. in any
order desired by Payee,
Maker bereby waives presenlmenl for paymenl, demand. notice of demand. nollce of nonpayment or dishonor,
protesl and nolice of protesl of chis Note, and all ocher notices In connection wlch che delivery, accqrtance,
performance, de{aull or enforcemenl of che paymenl of chis Nole, and agrees chal lIS liability shall not be affected in
any manner by any indulgence, extension of (\me, renewal, waiver or modification &fanted or consenled co by Payee.
Maker consents to any and all exlensions of lime, renewalS. walvCf$ or modlficallons chal may be gr;.nted by Payee
wlch respec1CO che payment or ocher provisions of chis Nole. and 10 che release of che colllleral or any part thereof,
wlch or wlchoUl substilUlloD.
Payee shall DOl be deemed, by any act of omission or commission, 10 have waived any of lIS rlshts or remedies
hereunder unless such waiver Is In writing and signed by Payee, and chen only to che eXlent specifically set forth in
said writiDg. A waiver of one event shall nOl be construed as continuing or as a bar to or waiver of any right or
remedy co a subscquenl event,
Upon de{aulc, che Maker does hereby Irrevocably auchorlze and empower any attorney of any court of record
of pennsylvania or elsewhere co appear for che Maker on cheir behalf and 10 confess judgmenl against the Maker, in
favor of the Payee, wlch or wlchout dec:lara(\on filed, for che unpaid principal balance hereof, (OlIether with a1ll1IlO\1llts
for whltb che Maker may be liable 10 che Payee hereunder, Including, bUl nol limited co, unpaid Interest, COSIS and
other expenses of SUll and reasonable anorney's fees, all as aforesaid. If a copy hereof, verified by affidavll, shill have
been filed ID $lid proceedlnss, It shall nol be necessary 10 file che orlelnal as a warrant of anoroey, The auchorlty
Branted berein CO confess judBment shall nol be exhausted by any exercise chereof, bUl shall coDllDue, and may be
exercised as aforesaid, from time (0 time and at all times until payment In {u1I of a1lche amounts due hereunder,
,~: ^
,>.;:'L-..-
-X'elf;
;.,1
','.
.~ '
EOMltjMMl3.3-9~/0171).3a. . ,V' ]
I
"
L~~7(1
MORTGAGE
TIns MORTGAGE. made lhe Ll~ day of (MAvJ... ,1994. by and between APPLEBY BROS,
AND WlU'ITAKER COMPANY, a Pennsylvania corporation whh an address of 230 Soulh lOch SUeel, Lemoyne,
Pennsylvania. (!he 'Mortgagor')
AND
DAUPIDN DEPOSIT BANK AND TRUST COMPANY (!he 'Mongagee'), a Pennsylvania banking corporation I
having lis main offices al 213 Markel Slreet. P. O. Box 2961, Harrisburg, Dauphin CounlY. Pennsylvania 17105.
WIT N E SSE T H:
WHEREAS, Mongagor has made. exe<:uled and delivered 10 Mongagee a NOle of even date herewilh (the
'Nole'). and Is indebled lhereunder 10 Mongagee In lhe aggregate principal sum of One MIIUon Two Hundred
Thousand and 00/100 ($1,100,000,00) Dollars. lawful money oflhe Unlled Scales of America. advanced or required
10 be advanced by Mortgagee 10 Mongagor under and according 10 che lerms and condilions of che NOle of even date
herewi!h, lhe Commiunenl Lener daled December 22, 1993. as amended. (che 'Commitmenl Lecter'), wbich
Commilmenl Lener Is incofllOraled herein by reference, wi!h Inleresl !hereon payable at che rales and limes. in che
manner and according to che lerms and conditions of che NOle, which Note is likewise incorporated herein by reference,
any unpaid remaining balance of che principal sum and accrued Inlerest provided for in che NOle being payable on or
before ~ 3 ,2004.
NOW, THEREFORE, for and In consideration of che said indebledness and for bener securing che paymenl
of che same and che Inlerest chereon, and all ocher sums payable 10 Mongagee under !he lenns of che Nole or chis
Mongage, according to cheir respective lenn5 and condhlons, and for performance of lhe agreemenlS, condilions.
covenanlS. provisions and stipulalions conlalned cherein or hereinafter expressed, and In =In olher agreements and
InstrUments made and given by Mongagor 10 Mongagee in connection cherewich, including che Commitment Lecter,
Mongagor has granled, conveyed, bargained, sold, aliened, enfeoffed, released, confirmed and mongaged, and by
chese presents does hereby grant, convey, bargain, sell, alien, enfeoff, release, confinn and mongage unlo Mongagee,
its successors and assigns, all chal cenaln lract or parcel or parcels of real propeny (the 'Premises') situale in lhe
Borough of Lernoyne, Cumberland Counly, Pennsylvania, more panicularly bounded and described on Exhibit 'A'
attached hereto and by chis reference made a pan hereof.
TOGETHER W\1lt any and all exlsling buildings and improvements erected chereon or otherwise (lhe
'Improvements'), and all agreements. Plans, building permits and approvals relaled chereto,
TOGETHER W\1lt all fixtures, appliances, machinery, furniture, furnishings and equipment of any nature
whatsoever, and other anicles of personal property purchased by Mortgagor and now or at any lime bercaller inscalled
in, anached to or placed or sltualed In or upon che Premises or Installed In, anached 10 or placed or sltualed In or upon
baoHl:1J fA~[ 341
EOM/OMMlJ.3-\I.u0170-JI7f3lS74.J
the ImprovemenlS, or used or Intended to be used In coMec:don with the real estale, or In the operation of any
buildings and ImprovemenlS now or here.1fter erected thereon, or In the operation of maintenance of any such buildings
or ImprovemenlS, planl or business siN ate thereon, whether or nol the personal property IJ or shall be affixed therew,
including repllUlllelllS and subsclNllons thereof, bUl not including personal property or Clade fixNres In wblch
Mortgagor bas no ownership Inlerest, and proceeds and productS of the foregoing (the 'Equlpmenl'),
TOGETHER WITH all building llWerial, fixtures, building machinery and building equlpmenl delivered 00
sile co the Premises during the course of, or in connection with, consllUctlon of, or reconsllUctlon of, or remodeling
of any ImprovemenlS, from time co lime, during the term hereof,
TOGETHER WITH all and sloBUlar the easements, rlgblS of way, tenemenlS, hereditaments and appurtenances
be1onglogco the Premises or any pan thereof hereby mortgaged or Intended so CO be, or In any way apperulning
thereco (including but not IImlled 10 all Income, renlS and profits arl~lng therefrom), and all S!reelS, alleys, passages,
ways, Wiler courses, and all easemenlS and covenanlS now edsllng or here.1fter crealed for the benefit of the Mongagor
or any subsequenl owner or tefW11 of the mongaged re.1l eslale over ground adjoining the mongaged real estale and
all rights to enforce the maintenance thereof, and all other rlgblS, IIbenles, and privileges of whatsOeVer kind or
character, and the reversion and remainders, Income, rents, Issues and profilS arising therefrom, and all the eswe,
right, llcle,lnlerest, property, possession, clalm and demand whatsoever, at law or In eqully, of the Mongagor 10 and
co the re.1l eslate of any pan thereof,
All of the abovc-mendoned Premises, ImprovemenlS, equlpmenl, fixNres, tenemenlS, heredilan1enlS and
appurtenances, and other property Interescs are hereinafter collectively referred to as the 'project'.
THIS MORTGAGE shall be deemed Co be an Induslrlal planl mongage,
TO HAVE AND TO HOLD the Project hereby conveyed or menlloned and Intended so co be, unCo Mortgagee,
It successors and assigns CO Ics and their own proper use and behoof forever,
PROVIDED ALWAYS, and this Instrumenl is given upon the elpress condition thai, If Mortgagor pays co
Mortgagee the principal sum, the Interesl thereon and all other sums payable by Mongagor 10 Mongagee as are secured
, hereby, in accordance with the provisions of the NOle and this Mongage, al the limes and In the manner specified,
wlthoul deduction, fraud or delay, and Mongagor performs and complies with all the agreemencs, conditions,
covenants, provisions and slipulallons contained herein, in the Note, and In the Commltmenc Leller, and In cenaln other
agreemencs and InstrumenlS made and given by Mongagor 10 Mongagee ('loan Documencs'), then this Mongage and
the eslale hereby &Tanled shall cease and become void, .
THIS MORTGAGE Is executed and delivered subject Co the following covenancs, condlllons and agreemenlS,
and Mortgagor covenanlS, warrancs and agrees with Mongagee as follows:
I, PAYMENT OF SUMS SECURED. Mongagor shall pay 10 Mongagee the principal of and Interesl upon
the Nole secured hereby according lollS lerms, reasonable charges fixed by Mongagee 10 satisfy and discharge thlJ
Mongage of record, and all other sums hereby secured: and sball keep and perform every other covenant and
agreement of the Note, the Commltmenl Letter, this Mortgage, and In the loan Documencs,
-2-
&OO~ 113~ rACt 3~2
EOMIIlMMI3.J.94I017G-JI7I3:.574-J
2. WASTE, MAINTENANCE, COMPLIANCE AND INSPEC1l0N. Mona.aor shall absuln from and nol
permil che commission of waste In or about che Projecli shall not remove or demnllah, or a1ler che UlUctUral char'Clet
of, any buUdina al any lime erecled on che Premises wlchoul che prior wrlnen consenl of Mona'a~, which IhallllOl
, be unrusonably wllhheld or del.yedi shall maintain che Project In aoad condlllon and repair, re&SOnabll ww and IW
I excepled; and shall comply wlch a1llawl, orden, municipal ordinances and reaulallons .lTectlna \hI Project wl\hln
\hlrty (30) days after oollu \hereof, or auch lonaet or shonet period as may be specified In auch ootice or permlned,
wlthoul penalty, by cbe aovemmenul au\horhy hlvlna Jurlsdlctlon. Mongaaee and hs aaenll ahall h,vl chi rlahl, bul
not !he duty, 10 IDlet upon the Project al any reasonable hour 10 lD.\pecl che order, condition and rep.lr chereof.
3, ENVIRONMENTAL COVENANTS,
I (a) The presIDI use of the Premises Is, and any currently contemplated future use of \hI Premlaes will be, In
compliance wl!h all applicable envlronmentallawl.
(b) All Willes, IOxlc or nono(Oxic, and all haurdoua material a slored on the Premises or dbpoled al \hI
Premises are properly stored and/or dllposed of,
(c) To \he besl of che Infonnlllon and belief of Monaagor, panaraphl (a) and (b) above are applicable CO uuae
of \he Premises by predecessors In llt!e of Monaaaor.
I (d) Monaagor currenlly uses no huardous materials on the Premlaes and .:onlemplales no sucb future OJI
I excepllD accordance wl\h Paragraph J(b),
I (e) Monal&or hereby granu to Mongagee \he rlghllO require at any lime If Monal&ee reasonably believes
i \hese covenanu bave been vlolaled, an envlronmenul audit Including such physical testing as may be reasonably
. concluded 10 be ncc:essary, 10 determine compliance wl\h applicable envlronmenlallaw.
I
i CO Mongagor, lu successon and assigns, hereby aarea 10 defend, Indemnify and hold harmless Monaagee,
, lu dlreclon, officen, employea, agenu, conlraClon, lub-conllaclon, IIcenlees, Invltees, succeslOn and asalans from
and against any and all claims, demandl, judgments, damaaes, aCllons, causes of ,cllon, Injuries, admlnlllnllve orden,
. consenl agreemenl and orders. lIabllhles, penalties, cosU and expeD.\es of any kind whatsoever Includlna cl.lms ariSing
; oul of loss of life, Injury 10 persons, propeny, or bUllnesa and/or damage 10 natural rewurces In coMcc:t1on wlch \hI
I activities of Mongagor, lu IUCCesSOrs and assigns or \hlrd rmles who have occupied or trespuaed on \he Premises,
I or any of \hem, wbelher or nol occasioned wholly or In pan by any condhlon, accldenl or evenl caOJed by any .CI or
I
omission of Mongagor which, (I) arises oul of the actUal, alleged ur chrellened discharge, dispersal, rei we, storaae,
lleaunenl, generalion, disposal or escape of pollutanu or o\her lodc or huarduua aubalances, Including any solid,
liquid, gaseous or \hermallrrhant or conumlnant, Includlna amoke, vapor, sool, fumes, .clda, a1kalla, chemlcab and
wasle (Including macerlala CO be recycled, reconditioned or reclaimed), or (2) aClually or a1leaedly arises OUl of \he use,
specification or Inclusion of any product, material or process conlalnlng chemlcala, \hI failure 10 delecl chi ulslenCI
or proponlon of chemlcala In tile soli, air, surface water or around water , or lhe performance or failure to perform \he
abalemenl of any polluclon source or the replacement or removal of any lOll, waler, surface water, or groundwater
containing chemicals. The Mongagor, lu succeSlon and wlgns, Ihall bur, pay and discharge when and u the same
become due and payable any and all such judgmenu or claims for damages, penalties or otherwlle agalnsl Mongagee,
shall hold Mongagee harmless for such judgments or claims, and shall ISsume \he burden and eapense of defending
.J.
booH1O(j hCt :U3
EOId/OIdMI3,].9W17Cl-]1713:.l74-]
a1lsui15, admlnisuatlve proteedlngs and negollatlons of any destriplion with any and all persons, polltltalsubdlvislons
or governmenl aaendes arising oUl of any of che occurrenc:es Sd forth herein,
f, INSURANCE.
(I) MortKlior shall keep che Projec:t c:onllnuously insured against loss or damage by fire, wlch excended
c:overaae, and agalnst such other hazards as Mortgaaee may reasonably require, WilhoUl IImillng che foregoing,
Mortgaaor sball, If requested by Mongaaee, mllnlaln insurante as follows:
(I) Insurante agalnsl loss or damage \0 the Projec:t by fire and any of lbe risks c:overed by insurante
of che cype now known as "fire and eXlended c:overage," In an amounl nol less !han che original amounl of lbe Note
or chal pertenlige of che full replatemenl c:osl of all buildings and Improvemen15 now or hereafter erected chereoD
(exduslve of lbe c:osl of exc:avations, foundallons, and footings below !he lowesl basement floor), required \0 satisfy
any applicable c:o.lnsurante requlremenl In such polity and wlch nol more chan $ 1,000 dedul:tlble from lbe loss payable
for any tasualty, The policies of Insurante carried in acc:ordance wl!h !hIs subparagraph (I) shall c:ontain the
'Replacemenl Con Endorsemenl';
(II) Comprehensive public liability Insurance on an 'occurrence basis' aaalnst claims for "personal
injury," including wichout IImilallon bodily Injury, deach or propeny damage octurring on, In or about lbe Projec:t and
che adjoining suecu, sidewalks and passageways, such Insurante 10 afford lnunedlale minimum protec:tlon \0 I l\mil
of nol less that required by Mongagee wich respec:t 10 personal Injury or deach to anyone or more persons or damage
\0 property:
(III) Worker's c:ompensalion insurance (Including employer's liability Insurance, If requesled by
Mongagee) for all employees of Mongagor engaged on or wllb respett 10 lbe Projec:t in such amounl as Is reasonably
sallsfal:tory to Mongagee, or, If such IImilS are eslibllshed by law, In such amounlS;
(Iv) During che tourse of c:onstrUl:tlon or repair of che Improvements, builder's c:ompleled value risk
Insurance agalnsl 'all risks of physical loss, " during c:onstrUc:1lon of such ImprovemenlS, wl!h deduc:1ibles nollO exceed
$1,000, In non.reponlng fonn. c:overlng !he lolal value of work performed and equipment, supplies and malerlals
furnished, If requested by Mongagee, such polity of Insurance shall contain che 'pennlssion 10 otCUpy upon
c:ompletion of work or octupancy' endorsement;
(v) Such ocher Insurance, and in such amounlS, as may from lime \0 lime be reasonably required by
Mongagee agalnsl che same or ocher hazards,
(b) All pollcles of Insurante required by che lenns of Paragraph (a) shall c:ontaln an endorsement or agreemenl
by che insurer !hac any loss shall be payable In atc:ordance wich !he lenns of such polley nOlwichscandlng any al:t or
negllgenc:e of Mongagor whlth might olberwlse resullln forfelcure of such Insurance and che further agreemenl of che
Insurer waiving all rlgh15 of set-off, c:ountertlalm or dedUc:1ions agallUl Mongagor,
(c) All policies of Insurance shall be Issued by c:ompanies and In amoun15 In eath c:ompany saclsfal:tory (0
Mongagee. All policies of Insurance shall have attached chereto a mongagee clause In favor of Mongagee, and In
form sallsfac:1ory to Mongagee, nol subjett 10 tontrlbulion, and lender's 1055 payable endorsemenl for lbe benefil of
-4-
rooK 1199 FAtE :).S~
EOM/OMtdlJ.3.WO 170-3171J~ 74-3
Mongaaee, all of form satisfactory co Mongagee. Mongagor shall furnish Mongagee wlch a signed duplicate original
policy whh respect co all required Insurance coverage. If Mongagee consenl1 10 Mongagor providing any of che
required Insurance chrough blanket policies cmled by Mongagor and covering more chan one loullon, chen Mongagor
shall furnish Mongagee wlch a signed cmincate of Insurance for each such policy sOlling fOM che coverage, lbe Ilmll1
of lIablllcy, lbe name of che carrier, che policy number, and che esplratlon date, and listing Mongaaee as Flnt
Mongagee. AtlwtlWenty (20) days prior co che esplratlon of each such policy, Mongagor shall furnish Mongagee
wllb evidence satisfactory 10 Mongagee of che paymenl of premium and che relssuance of a policy conlinulng Insurance
In force u required by lbls Monaage. Allluch policies, Including policies for any amounlJ carried In elcess of lbe
required minimum and policies DOt speclnc:ally required by Mongagee, shall be in form satisfactory co Mongaaee, shall
I be maincalned In full force and eITed, shall be wlRned and delivered co Mongagee, wlch premiums prepaid, as
collaceral scalrhy for payment of che Indebtednesslcalred hereby, and shall conlaln a provision chac such policies wUl
noc be canceled or materially amended, which term shall Include any reduction In che scope or IImllJ of coveraae,
wllbout al Iwt len (10) days prior wrlnen nOllce 10 Mongagee. If the Insurance, or any pan chereof, shall elplre,
or be wlthdrawo, or become void or unsafe by reason nf Monglgor's hreach of any condlllon thereof, or become void
or unsafe by reason of the value or Impalrmenl of che capllal of any company In which the Insurance may chen be
carried, or if for any reason whalever che Insurance shall he unutlsfaclory to Mongagee as determined in che eserclse
of Mongagee's reasonable commercial judgmenl, Mongagor shall place new Insurance on che premises, saclsfactory
co Mongagee,
(d) In the event Mongagor falls 10 provide, maintain, keep In force or deliver and furnish to Mongagee lbe
policies of Insurance required by chis Mongage, Mongagee may procure such Insurance or slngle-lnlereslJ Insurance
. for such risks covering Mongagee's Interest, and Monglgor will pay all premiums thereon promptly upon demand by
I Mongagee, and unlll such paymenlls made hy Mongagor, che amount of all such premiums, togelber wilb Interest
lbereon at che rale speclned In che Nole, shall be secured by chis Mongage.
(e) In che event of loss, Mongagor will give Immedlato nllllce chereof In Mongagee, and Mongaaee may make
proof of loss If nul made promptly by Mongagor, Each Insurance company concerned Is hereby auchorized and
, dlrCCled 10 make paymenl under such Insurance, Indudlng relum of unearnal premiums, dlrcctly co Mongagee Inslcad
I ofco Mongagor and Mongagee Jointly, and Mongagor appolnL\ Mongagee, Irrevocably, as Mongagor's anomey-In-
I fact co endorse any dran cherefor, If Mongagee hecomes che owner of lbe Proj.:.:t or any pan chereof by foreclosure
or ocherwlse, such policies, Including all rlght,tille and Interest of the Mongagor chereunder, shall become che absolute
, propeny of che Mongagee,
(0 The proceeds of all insurance on che Premhes shall he appllal as follows:
(I) The Mongagee may, at 1110pllon, aRer consulllng wlch Mongagor, apply proceeds of such
Insurance loward prepayment uf the amounts secured hereby (any excess proceeds to be paid co the Mongagor); or
(II) If che Mongagee does nOI ewclse che option In subparagraph (I) above then:
(a) If the Premises arc panlally or totally dcstroyed by fire, flood, wlndslorm or other casualty
so as co render che Premises unsullable for Mongagor's conllnued use, Mongagor shall have che option of IIOt
replacing, restorlni or repairing lhe damaged Premlscs, but In lieu of such replacemenl, resloratloo or repair, having
the Mongagee apply lhe proceeds of such Insorance on che Premises toward the prepaymenl of the amounl1 secured
hereby (any excess procceds \0 be paid tll Mongallor); or
,5,
tOO~ l1U~ fA~E :l4~
EClMlllMMIJ.J.94IOI70-Jl7IJ:.l74-J
(b) If the Mortgagor d~ nol elect lO prepay the amounts secured hereby in full, the proceeds
of such insurance shall be held by the Mortgagee In a separale insurance loss accounl unlil such lime as Mortgagor
shall have delivered to Mortgagee, for its approval and to hs salls faction, sumclenl plans, specifications and contraCtS
concainlng . detailed breakdown of the coses lO replace, restore or repair the damaged Premises; thereafter, the
Mortgagee will, upon delivery to II of a certificate of che Mortgagor senlng forth the coses theretOfore incurred or paid,
and subject to Mortgagee inspedlon and acceplallce of che replacement, restoration, or repair of the damaged premises,
apply so much as may be necessary of che proceeds of such insurance lOward the paymenl of the coslS of such
replacement, restoralion or repair, If said Proceeds are DOl sufficlenl to pay In full the costs of such replacemenl,
reslOratlon or repair, che MOrliagor will nonetheless oomplc:ce (or cause to be comple!ed) the work thereof and will
pay such excess costs prior to requesllng Mongagee to apply any of the proceeds of such insurance to che cost of such
replacemenl, reslOralion or repair, Any balance of said proceeds of Insurance remaining after the paymenl of all costs
of such replacemenl, reslorallon or repair shall be applied toward the prepaymenl of the amounes secured hereby. If
said amounts shall have been paid In full, any balance of said proceeds of Insurance shall be paid 10 the Mortgagor:
provided, however, that If the Mortgagor does nol elect 10 prepay the amounts secured hereby in full, there shall be
110 diminullon In or postponement of future installmenes payable under the Note or hereunder unlll paymenl lbereof
in full, and the Mortgagor shall proceed promptly 10 replace, restore or repair the Premises damaged or destroyed or
cause said work lO be done.
s, TAXES AND OTHER CHARGES, Mongagor shall pay all real estate wes, waler and sewer rents and
ocher similar claims and charges assessed or which may be assessed or levied upon or agalnstche Project or any part
chereof, by any lawful authorilY, withoul any deduction, defalcalion or abalemenl, nOl later than len (10) days before
che dales on which such talles, assessments, water and sewer rents, claims and liens commence 10 bear Inleresl or
penahles, and not laler than such dates shall produce 10 Mortgagee recelplS for the paymenl thereof in full, and shall
pay every other tall, assessmenl, claim, lien or encumbrance which may al any lime be or become a lien upon the
Project prior to the lien of this Mortgage, and shall pay, when due, and will nOl suffer 10 remain outstanding, any
charges for ulllllles, whether public or prlvale, with respect 10 the Projec1; provided, however, thaI if Mortgagor in
good faith and by approprlale legal action shall conlesl the validity of any such Item, or the amounl thereof, and shall
have sc:c aside adequale reserves therefor or provided securily sallsfaclory to Mongagee In Mortgagee's possession,
chen Mortgagor shall nOl be required 10 pay the hem while the reserve is maintained and so long as the conlesl operales
to prevenl collec1ion, is malncained and prosecuted with due diligence, and shall nOl have been lermlnated or
dlsconcinued adversely to Mortgagor,
Mortgagor covenants and agrees nol 10 creale, nor pennlllo accrue, upon all or any pan of the Projec1. any
debl, lien or charge which would be prior 10, or on a parhy with, the lien of this Mongage,
6, SECURITY AGREEMENT, This Mortgage conslllUles a securlly agreemenl under the Uniform
Commercial Code and creales a securhy Inlerestln the personal property Included in the Projec1, Mortgagor shall
execule, llIe and refile such financing slalements or other security agreements as Mortgagee shall require from lime
to lime with respect to said personal propeny.
Notwithstanding the filing of a financing Slalemenl covering any of the Projed In the records normally
pertaining 10 personal property, all of the Project, for all purposes and In all proceedings, legal or equitable, shall be
.().
eao'K1139 fACE lUG
[OM/OM WJ.3.941011O-31713:.s74-3
regarded, at Moniaice's opllon (10 the e~tenl permllted by law), as pan of the ReallY whether or nol any sueb Item
. ",,,,,.11, .....~ w .. ""'. M '''__ M ",W .."""n ., ~~ ., .' "". """""",, or "'"'"
_. lb, ..."'" '0 ~, .... ".='" ......"" or ~, or.' P'*" "''' ..... .. ~w"',,' · '0 ~, "" I
."",,, ~, of .. "",. of """...M " ...",,11, .."',.. ., P""'. or .. II.. ...... """, " by ~, ... i
Loan [)o(Ument, but sueb mention in the financini slatemenl Is hereby dCl:lared to be for the prOlCl:llon of Mortilice ,
In lIIe event any court shall at any lime hold chat notice of Mortiaice's prlorlcy of Interesl. \0 be effecllve lialnst any \
chlrd part)'. \Dcludlni the federal iovernmenl and any auchorllY or agency lIIereof, musl be med In the Uniform ,
eo_". Cod' ""'.... A""". P''''....,. M ... """,..., of .. """.." M of ~, -.. i
swement slined by Monalior In eoMectlon herewith shall be sufficient as a financing Slalement and may be med \0 I
perfect che securicy Inlerest crealed hereby, \'
The Project includes ioads which are or are \0 beCOme fi~cures and IIIls Mortiage Is Inlended to serve as a
fbcure filing under Section 9402(0 of lIIe Pennsylvania Unlfonn Commercial Code, \
\
7, RIGHT TO REMEDY DEFECTS, If Mortgagor falls to pay any assessmenl. w, claim, lien or 1
encumbrance whleb shall be or become prior In lien to this Mongage (e~cepl and to lIIe e~lenl only lIIal any sucb item;
" .. "",oM ..Mf . ",.. ~...,~ '" ,'" r.,. . po< P......' , ,.",,,,,..'. M W ,., ~, ...'- ,
,.....,. . ""..... M W '''' ., "']00" '''''' . ,'0""". M ~...,. M ,,"'.. -... .... _",M. '
.,. "".'. ~, ,., "" II..... II... _""'''''. m "''''''''. M ,..m',.. .w. "01" o..",m,'.' -.... I
may make suc:b rqlalrs and cake suc:b SlopS as II dcems advisable 10 prevent or cure such waste. and may appear In any
action or proceeding with respect to any of lIIe foregoing and retain counsel therein, and cake such action lIIerein as
Mortgagce dcems advisable, and for any of said pUfllOses Mongagce may advance sucb sums of money as \l dcems
necessary, Mortglior will pay \0 Mortgagce, Immediately and wllllout demand, all sums of money advanced by
Mongagcc pursuant \0 chis paragraph. together with Inleresl on each advance al the rate set forth In lIIe Note, and all
suc:b sums and Interesl thereon sball be SCl:ured hereby,
I
I
I S. CONOE"NATlON. "~",, or., ""I'" . ~"",.~ by ~, ,..01 w""'''' rM .., "bI" M ,
I ...,.p,bI" "" M p"p".' ~, .... ",.".." .,.,,, ."..om .,., " ",II~ ..... ., MOP'''''' of.' ,
amounts secured hereby, No seulement for the damages suslalned thereby shall be made by Mortgagor wlthoul \'
Mortgagcc's prior wrluen approval thereof, If the amounl of an Initial award of damages for the condemnation Is
insufficient 10 pay the amount of Indebledness secured hereby In full with Interest. penallles. and costs, Mortgagee shall
have lIIe rl&bl \0 file an appeal or sucb oilier legal proceedings as legal counsel may advise 10 be appropriate under
che circumstances In the name of Mortgagor or of Mortgagee (for which acllon Mortgagee or such counsel as II chooses
Is hereby Inevocably appointed altomey.ln.fact for Mortgagor). and 10 prosCl:Ule same 10 final conclusion or otherwise
but nol IImlled \0 reasonable counsel fees. shall be firsl paid OUl of lIIe proceeds. and no credit shall be ilvCD on
account of lIIe mortgage debt oilier lIIan a credll for lIIe amount. If any, whereby the final proceeds e~ceed all such
e~penses, Nollllng In IIIls covenanl or elsewhere In this Mortgage shall \11011 rights olllerwlse available at law \0
Mortgagcc, Including but nol limited 10 rights 10 Intervene as a pany to any condemnation proceeding, Any and all
compensation, awards. damages, claims, rights of action and proceeds hereunder, up to lIIe amounl due hereunder 10 I
Mortgagcc (any ucess to be retUrned to Mortgagor), are hereby assigned by lIIe Mortgagor 10 lIIe Mortgagee, \0 be I
applied as herein provided, The Mortgagor agrees to e~ecute any assignment agreements lIIat the Mortgagee may
require In funhcrance lIIereof,
.7,
iooi t t39 rA~t 3'\'
e(;M/OMM/J.].941017I).317/Jl!74-3
9, TRANSFER OF TITLE, Unleu Mongagee shall have consented !hereto, In advance, In writing, any
transfer by sale, asslenment, eln, devise, operation of law or olherwlse of !he fee cllle Inleresl or equllable tllle Inleresl
In all or any ponlon of lhe Projec1 shall have lhe same consequences as an Evenl of Default respecting lhe Indebtednesa
secured hereby, Upon !he occurrence of any such eransfer, Mongagee, wl!hout prior notice or lhe elapse of any period
of grace or !he rl&htCO cure, shall have lhe ri&btCO declare all sums secured hereby immediately due and payable, and
shall have lhe rlebtCO exercise all remedies provided In che Commlunenl Letter, NOle, and any ocher Loan Document
given by Monglior co Monaagee, or ocherwise at law,
10, MORTGAGE ADVANCES, The conslderallon for !he wl!hln Mongage 15 che present advancemenl of
funds CO !he Monelior by lhe Mortaliee In accordance wllh che Commlunenl Luter CO provide for che refinance of
lhe Premises; lhe wlchln Mongage shall have che full force, effect and benefits of a Mongage co secure presenl
advances since chis Mongage 15 Inlended CO be and 15 a purchase money Mongage under che provisions of che Lien
Prloricy Law, as amended and supplemenled,
I I. FUR11iER ASSURANCES, t\l any clme, and from lime 10 time, upon requesl by che Morteagee, che
Mortgagor wUl cooperale 10 eKecute and deliver or cause 10 be made, eKecuted and delivered CO che Mortgagee any
and all ocher funber Inscruments, cenlficales, and ocher documents as reasonably may, in che opinion of che Morteagee,
be Deceuary or desirable In order CO effectUale, complete, perfec1 or 10 conclnue and preserve che oblieatlon of lhe
Mortgagor under !he NOle and che lien of chis Mongage and sccurhy Inlerest, Mongagor, upon requesl of Mortgagee,
shall assign CO Mortgagee as securicy for che mongage dahl, Mortgagor's Interesl In all leases, agreements, plans,
spedficatlons, CODeraClS, licenses and permits affecclng che Premises, such assignment 10 be made by Inscruments In
fonn satisfactOry co Mongagee, bUl no such asslgnmenl shall be consltUed as a consenl by Mongagee CO any sale
agreement, lease, agreemenl, contract, license or pennll so assigned, nor Impose upon Mongagee any oblleatlons with
respect chercco, Wlchln len (10) days after requesled 10 do so by Mortgagee, Mongagor shall cenlfy, In wrlllng duly
acknowledged, che amounl of principal, inlerest and ocher charges chen owing on che obligalion secured by chis
\ Mortgage, and whether chere are any set-offs or defenses agalnsl II.
12. LEASES. Mongagor shall nol uecule or enler IDlo any le;lSe agreemenl covering all or any pan of che
Project, wlchoUl having fim obtained che prior wrlnen consenl of Mongagee, which consenl may DOl be unreasonably
withheld,
13. LATE CHARGES. In che eyeD( any paymenl(s) shall become overdue for a period of len (10) days, a
late charge may be Imposed of an additional five percent (S ~) on all sums so overdue,
14, DEFAULT AND REMEDIES. The following shall, at che option of Mongagee, conslllUle Events of
Defaull hereunder:
(I) The failure of Mortgagor 10 pay any Inscallmenl of principal or inleresl wlchln len (10) days aner
che same becomes due and payable,
-8-
roO~ UU!) rACE t1,sS
fOMiOMMr.l.3.94I0170-317r.l2.S74-3
(b) The fallure of Mortglllor lO pay any other amounl(s) required 10 be paid In the NOll: or In this
, Mortgllle as the same becomes due and payable.
(c) Mortgagor shall have failed lO observe and perform Qch and every one of the lerms, covenants,
promises and agreements on Its part 10 be observed and performed under che Commlunenl Leiter or the Note or this
! Mortgage or any of che ocher documents or Insuuments delivered lO Bank in connection with the Loan (ocher than che
paymenl of money).
I
I
I possession.
(d) The lKcurrence of any Event of Default, as defined In che NOle or In che Commlunent Let1er,
(e) The occurrence of any failure of title respecllng che Project resuhlng In Mortgagor's loss of
(I) The lKcurrence of any Evenl of Defauh under any note, mortgage, loan agreement or any collateral
document execuled by or on behalf of or for the benefil of Mortgagee under or In connection wlch any cransactlon
between Mortgagor and Mortgagee (other chan the inslanl lransactlon), whether such other loan transactlon(s) or any
of chern, has been entered Inlo prior 10 or after the dale hereof.
Upon che happening and condnuallon, uncured, of anyone or more Events of Default, the entire unpaid balance
of che principal, the accrued Inceresl and all other sums secured by this Mongage shall, al the option of Mortgagee,
become Immedlalely due and payable wilhout further notice or demand, and In any such case Mortgagee may fonhwlth:
(I) Foreclosure. Inslhule an action In mongage foreclosure, or lake such ocher action, as che law may
allow In wn. at law or in equlcy. for the enforcemenl chereof and reaJlullon on the mortgage securlcy or any other
securlcy wblch Is bereln or elsewhere provided for, and proceed chereon 10 final Judgmenl and execution chereon for
the enllre unpaid balance of said principal sum with Inleresl at che rate provided In che Note, together wlch all other
sums secured by this Mongage, all COSlS of SUII, Inleresl as provided In che Nole on any Judgmenl obcalned by
Mortgagee from and after the dale of any Sherltrs Sale of lhe Project (which may be sold In one parcel or In such
I parcels, manner or olherwise as Mortgagee shall elect) unlil actual paymenc 15 made by the Sheriff for the full amount
: due Mongagee, and a reasonable attorney's commission for collection, wllhoUl further SlaY, and wllh a full release of
: errors, any law, usage or CUSlom 10 the concrary nolwilhslandlng, or
,
(2) Enu:y: Recelvershlo. Enler InlO possession ofche Project, wllh or wilhoUl legal action, and by force
If necessary, lease che same, collect all rents and profits lherefrom, and after deducdng all costs of collection and
administration expense, apply che net renlS and profits lO the paymenc of !aXes, waler and sewer rents, charges and
claims, Insurance premiums and all olher carrying charges (Including but not limited 10 reasonable agents'
compensation and fees and COSlS of counsel and receivers) and to lhe malncenance, repair or restorallon of che Project
or on account and In reducllon of che principal or Interest, In such order and amounts as Mortgagee In Mortgagee's
sole discretion may elect, or have a receiver appointed 10 cnler Inlo possession of che Project, collect lhe rents and
profits cherefrom, and apply che same as che coun may direct, Mortgagee shall be liable to accounl as required by
I applicable law, For such purposes Mongagor hereby authorizes any attorney of any coun of record 10 appear for
I Mortgagor lO sign an agreemenl for enlerlng an amicable action of eJeclmenl for possession of lhe Project, and 10
confess judgmenl therein agalnsl Mongagor In favor of Mortgagee, whereupon a writ may forthwilh Issue for the
Immedlale posses.llon of che Project, and for reasonable attorney's fees wllhoUI any prior writ or proceeding
,9.
eo~ t199 fACE :U9
I!OMlaMMI3.3.~01 '70-31113:.5 '4-3
whatsOever, and for so dolnll this Mortgalle or a copy thereof verified by affidavilshall be a sufficienl warranl, without
further suy, and with a full release of errors,
15, WAIVER OF DEFENSES AND CERTAIN NOTICES, Mortlllllor hereby waives and releases all error,
defec1S and Imperfections In any proceedinllS wlhuled by MOrlllallee under this Monlla&e and all benefits that ml&ht
accrue to MOrllllllor by vlnue of any presenl or fuNre laws exempllnll the Project, or any part of the proceeds arlslnll
from any sale thereof, from anachmenl, levy or sale Ullder execudon,
16, COUNSEL FEES. If Mortllallee becomes a part}' (by Inlerventlon or otherwise) to any other pro<:eedinll
affecting me Project or the title thereto or Mortlllllee'S Inlerest uno 'this Mongage, or employs an anomey to collect
any of the Indebledness or to enforce perfonnance of the obllgalio "covenants and agreements secured hereby, all
reasonable costs, charges and counsel fees incurred by Mortgag.." In any such case, whether or not suit be
commenced, sball be secured hereby as a further charge and lien upon the Project,
17, NOTICE, Alloodces 10 be given hereunder by Mortgagor or Mortgagee 10 the other shall be In wridng
and shall be sent by Unlled Scales cenified mall, retum recelpl requested, 10 be effective on malllng, In the following
manner:
Mongagee:
Appleby Bros. and Whlnaker Company
230 South IlIth Street
Lemoyne, Pennsylvania 17043
with copy to:
F,R, Mansolf, Esquire
Mansolf'" Branon
2515 North Fronl Slreet
pO Bo~ 12106
Harrisburg, Pennsylvania 17108-2106
Dauphin Deposit Bank and TruSl Company
3045 Market Street
Camp Hili, Pennsylvania 17011
Aun,: Commercial Loan Depanment
Mortgagor:
18, CUMULATIVE RIGHTS AND REMEDIES, The rights and remedies of Mongagee as provided
herein, or In the Commllmenl Lener or the NOle, and the warrants therein conlalned, shall be cumulative and
concurrenl, and may be pursued singly, .uccesslvely or logether al the sole discretion of Mongagee, and may be
exercised as often as occasion therefor shall occur; and the fallure to e~ercise any such righl or remedy shall In no
evenl be construed as a waiver or release of the same,
19, EXTENSION. The granllng of an e~lenslon or e~lenslons of time or modification by the Mongagee
with respect 10 the performance of any provision of this Mortgage or said NOle on the pan of the Mortllagor 10 be
performed, or the caklnll of any addlllonal securhy, or the waiver by the Mongagee 10 enforce any provision of this
-Il).
e'ooH19~ FAGE ~SO
'", . ,
RLEHR, HARRISON, HARVEY, BRANZBURG
BY: MARK S, KENNEY, ESQUIRE
IDENTIFICATION NO, 43640
1401 WALNUT STREET
PHILADELPHIA, PA 19102
(215) 56B-6060
& ELLERS
DAUPHIN DEPOSIT BANR
AND TRUST COMPANY
213 Market st" P,O, Box 2961
Harrisburg, PA 17105,
Plaintiff,
Attorneys for Plaintiff
Dauphin Deposit Bank and
Trust company
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v,
No, 95-4705 civil Term
APPLEBY BROS, and
WHITTAKER COMPANY
230 South loth Street
Lemoyne, PA 17043,
Defendants,
SBCOND AMENDBD AFFIDAVIT PURSUANT TO RULE 3129,1
Mark S, Renney, a partner at the law firm of Klehr,
Harrison, Harvey, Branzburg & Ellers, attcrney for plaintiff
Dauphin Deposit Bank and Trust company in the above action, sets
forth as of the date the praecipe for the writ of execution was
filed the following information concerning the real property
located at 230 South loth street, Lemoyne, Pennsylvania, and as
more fully described on Exhibit "A" attached hereto and made a part
hereof:
1, Name and address of Owner or Reputed Owner:
~ Address
Appleby Bros, and 230 South lOth Street
Whittaker company Lemoyne, PA 17043
2, Name and Address of Defendant in the judgment:
~ Address
Appleby Bros, and 230 South 10th Street
Whittaker company Lemoyne, PA 17043
In TnE! Court or C.:::mmO:i ?'Is:::s' of C:.Jr..::..-:~lt'i=nd c.;':'U:-;~'Y1 Psnnsyl'lcr:i:::
Dauphin Deposit Dank and Trust Company
V5.
Appleby Dros" and Whittaker Company
SERVE: Pacific Pride
~o, 95.1 705
CivL1.___1:crm , :?_--
" October 31, 1995 '9 T S._~':l"''':'- O~ ,.~~"=",,,T """ CO'....,~'" ::)., c!
.,ow, . _., ___ ~ ~ _w"L~__n....'.I..I ...., _ ., ......, a
h::-.by cL::u= the Sb==.E oi
Dauphin
Cuu:q ::) ::::-::-..1t: ::is 'tV:::,
:!::s ~u=:cn =~ -~..:- ~t == :-:qu::t :.::d ~ oi :.:: ?!:Li:-Ei.
>,
~~.
,
~.
r. ,
. ~.\
,
She.."1if =t C::::::er'..u:d CJ11:lT. :':1.
l.. mda.vit or Sem~
:iow, ~g .. o'dea ~L .t=-.~
. ~.
.,.
:.::e ~!'''''n
'Jpoa
u
by ::u:cibi :0
& c:py oi :::e o~.t-."
...
md -~":. bown . . .
:0 :::.: .:::u::::s :.-:.::::t.
So =we=,
Shda" a/
CoWltT. :~
=::=rs_6Y\J{
lSS_
COSTS
Su.....rIc;:
~ m..::..\,G E
,.u : wA ..... "IT
s
5wol':1 :md rJ~J:cd be:=
---"'-----.
s
,_ .--i
,~.~ . CD ~
-
N )~
O~.
I~ ::t: u::;.
C>- o.'
Q;:J
Lf) ;;:.6)
I ::5z
~ c.:> [ti t.5
1>.1 ~1c..
Cl a
'~.' In
'"
exhibit A
United S1Dtes Bankruptcy Court I ~!J~ HY \
Middlp Dls1Ilctol ..n;a 1I'l r\thtl8N'
IU RE INamo Qt dobtor'lllndIVldUol, orUo, Lo't. F1f11. Mlddlel i.L:" OTHER UAM[5 Ulicd bv tho 100nt dobtor In tho lut b VODIS
APPLEBV BROS, and HHITTAKER COMPAtlV IIncludO marnod. maid on nnd Hade "nmn)
SOC, SlC," AX I. U. NO. hI more ,h.n ono. atol. .111 Appleby Brothers and Whittaker Company
STREET AODRESS OF DEBTOR HAllIllG I,DDRESS OF OEBTOR
'N~~'1r?8~rh CI~O t'h'.S ~~eet Iif dlfforent trom Itrool oddfonl
Lemoyne. PA 17043
COUNTY OF RESIDENCE Cumberland
OR PRINCIPAL PLACE OF BUSINESS.
lOCATION OF PRINCIPAL ASSETS OF BUSINESS DEBTOR hI d,ll.ron' trom pr.vlou,IV 1I".d .ddr.....1
CHAPTER OF BANKRUPTCY CODE UNDER WHICH PETITION IS FIlED
i!lJ Chapter 7 [] Chapter 11
INFORMATION REGARDING DEBTOR (Check applicable boxes)
Petitioners believe TYPE OF DEBTOR
[] Debts are prImarily consumer debts [] IndIvIdual [] CorporatIon Publ1cly Held
~ Debts are prImarily bUSIness debts [] Partnership 00 CorporatIon tlot. Publicly Held
(complete sections A and B) []
Other
A, TYPE OF BUSINESS (check one) B, BRiEFlY DESCRIBE tlATURE OF BUSINESS
[] ProfeSSional [] Transportation [] COlllllOdity Broker Distributor of HVAC/plumbing
[! Retail/Wholesale [] Manufacturlngl [] ConstructIon equipment and supplies
[] Ra 11 road MinIng [] Real Estate
[] Stockbroker [] Other
VENUE
CD Debtor has been domiciled or has had a residence. prIncIpal place of business, or principal assets in
the DistrIct for 1BD days immedIately preceding the date of thIs petitIon or for a longer part of such
1BD days than in any other District,
[] A bankruptcy case concernIng debtor's affilIate. general partner or partnershiP IS pending In thIS
DistrIct.
PEHD1NG B~NKRUPTCY CASE FILED BY OR AGAINST ANY PARTNER
OR AFF LI TE 0 THIS DEBTOR (Report infonnalion for any additional cases on attached sheets.l
Name of Debtor Case Number Date
Relationship Distrlct Judge
AllEGATIONS -0256
(Check applicable boxel_ Q e:::
1. 00 Petitloner(s) are elIgible to file thl petItIon pw"s nl\..t~
11 U.S,C, 5 303(bl. ......' "
2, 00 The debtor IS a person agaInst whom an order for relIef may filED H:srrifbur9J, F':
be entered under title II of the UnIted States Code.
3,a, ~ The debtor IS generally not paYIng ~uch debtor's debt~ as T~nP.I~i~:'
they become due, unless such debts are tile subject of a bona !;-5m5!
fide dIspute:
or I
b. [] WithIn 120 days precedIng the fl1,ng of tins petltlon,.\ Mug;!' .~l A. !;,Tlilh
cuStodl an, oUler t.han ,1 trustee, recel vel.. or aqent app01 nted C!.1:'tr d' ~".~ [, r~'; .:~<!.."Y Cnun
or authOrlleO to t1ll;e cll,lrge of less UIolrI substantially ,Ill r-:sl\\ ~'.~.::..--=.;.~(~:f.:.iY..t,
of the property of tile debtor lllr the purpose III 1'1110rCIf1C1 ,I -
llfm flQtlln~l ~uctl orOOQrtv. 'tillS 11t}OOlflt{\{) 01' tOGI: t)()S':1('1~'.jl0fl
3
"
rJ.t
~crl;
t=1l.E No, 879 12/04 'SS lS:S3 lC:REED SMITH Sl-Al neCtAV
'tRANSFER OF ct::AIM
CJ Check tillS bo" If there has been a transfer of any clall1 against the debtor by or to any petHIonor,
Attach all documents evidencing thy transfer ~n4 any slltcments that are required under BankruptcY
Role 1003Ca).
REQUEST FOR REUEF
PetlLloner(S) r~.st tbat an ordftr for rellyf be entered agalnsL the debtor under Lho chapter of title 11,
ImltRd States Co ,sptclfled In tnls petition,
Petltlunor(S) deelar. under penalty of perjury that
the forltQuinq Is true and cornK:t according to tnl
;:J;j'];'.... ,"~..,~. .. "IUf. X N/A
Signature of PetitIoner ur llopresenutlve 15\&\& WI' Signature or Attorney
StEl'HEN H, SHEA. S1t, VICE l'RESID~~~ANCE IIIlIlt aT AttOrney firm (If any) -
IfIlOll of Petltttmlr WEStCASt-A Wl\OLLY oWNED
SUBSIDIARY OF MEStEK~ I
Nallle and Haling AddresS 1. ORTH ELM STREET ~ress
of Individual Slgnlna In WEStFIELD , MA 01085
Representative Capacity SR, VICE l'RESIDENt. Telepnone No.
~-:,,~"'r~.,...........~...:.I~~~.~..... ....................................................
X N/A
Signature of PetitiOner or-Rapruentatwe 151&\& tl1le1 Signature of Attorney
StEl'HEN H, SHEA. sa, VICE l'RESIDENT
111_ onct1t1oner SUNtEMP-A DIV, OF MES'IE~i1C; IIalIlIl of Attorney finD llf any)
NBIIlIl and Halling N1dress 260 NORTII ELM stREET AddreSS
of IndiVidual Signing In WEStFIELD, MA 01085
Representative capacity SR, VICE l'RESIOENT. TolepnOl1e He,
,. FINANCE
.................................................... .........._..._............................~......_.
X X
Slonature of petlt,oner or RelIresentltlvO Isme1ld11 Signature of AttOrney
N6me of petitIOner ~ of Attorney f'lrm (If any)
Ka=e and Haillno Address
,\lldress
of IndIvidUal SlgnlnQ In
Representative CaoacltY Telellllone NO,
PETJTIONINO CREDITORS
Name and AddresS of Petitioner Nature of Clailll HnOunt of Clall1
~\~t~~ ~~k~E~m~L~~Bw Goods Sold and Delivered $110.379,75
~mMm~f9~ ~l~H~~ l:~~ Nnure of ClIill HnOuot of CIa11D
260 N, ELM st" WESTFlEL!1 Goods Sold and Delivered $ 22.666,29
Nm~ft~fflye~RBb8~Wl~8Up , ~, Nature of Clalll - Payment for 1lIlOunt of ClAim
1136 Hei10ua~p,.-R'";;- I (U A) GO.,!l.?S~~S.?J<d and Del ivered t'R~ ,~~ .. ~,...
Note: If thore are mor. than threo potltl0ners, attach additional Tnta 1 Amount of
sheetS with thu statement under penalty of perjury, petltl0n,r(s) petitionerS' C1all11S
slgnature5 under the statement and the namlCs) of attorneyCs) and S316,lBl,70 plUS interest
oer,ltIO"Irg creditor lnform~tlon In the format above,
~Ame of Debtor
Cas. He
_____ continuatIon snetts ~ttachea
NOTICE OF OWNER'S RIGHTS
TO THE DEFENDANT:
Appleby Bros, and Whittaker company
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
I
action:
To prevent this sheriff's sale, you must take immediate
1, You may be able to stop the sale by fiUng a
petition aSking the Court to strike or open the
judgment, if the judgment was improperly entered,
You may also ask the Court to postpone the sale for
good cause,
2, You may also be able to stop the sale through other
legal proceedings,
You may need an attorney to assert your rights, The
sooner you contact one, the more chance you will have at stopping
the sale, (See notice on page 3 on how to obtain an attorney,)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE,
1, If the Sheriff's Sale is not stopped, your property
will be sold to the highest bidder, You may find
out the price by call~ng (717) 240-6390,
2, You may be able to petition the Court to set aside
the sale if the bid price was grossly inadequate
compared to the value of your property,
3, The sale will go through only if the buyer pays the
Sheriff the full amount due in the Ilale, To find
out if this has occurred, you may call (717) 240-
6390,
4, If the amount due from the buyer is not paid to the
Sheriff, you will remain the owner of the property
as if the sale never happened,
5, You have a right to remain in the property until
the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer, At that time,
the buyer may bring legal proceedings to evict you,
6, You may be entitled to a share of the money which
was paid for your real estate, A schedule of
distribution of the money bid for your real estate
will be filed by the Sheriff on a date specified by
'.
KLEHR, HARRISON, HARVEY, BRANZOURG
BY: MARK S, KENNEY, ESQUIRE
IDENTIFICATION NO, 43640
1401 WALNUT STREET
PHILADELPHIA, PA 19102
(215) 56B-60GO
& ELLERS
Attorneys for Plaintiff
Dauphin Deposit Bank and
Trust company
DAUPHIN DEPOSIT BANK
AND TRUST COMPANY
213 Market st" P,O, Box 2961
Harrisburg, PA 17105/
Plaintiff /
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v,
No,
APPLEBY BROS, and
WHITTAKER COMPANY
230 South 10th Street
Lemoyne, PA 17043,
-:
Defendants,
AFFIDAVIT PURSUANT TO RULE 3129,1
Mark S, Kenney, a partner at the law firm of Klehr,
Harrison, Harvey, Branzburg & Ellers, attorney for plaintiff
Dauphin Deposit Bank and Trust Company in the above action, sets
forth as of the date"the praecipe for the writ of execution was
filed the following information concerning the real property
located at 230 South loth street, Lemoyne, Pennsylvania, and as
more fully described on Exhibit "A" attached hereto and made a part
hereof:
1, Name and address of Owner or Reputed Owner:
~ Address
Appleby Bros, and 230 South 10th street
Whittaker Company Lemoyne, PA l7043
2, Name and Address of Defendant in the judgment:
~ Address
Appleby Bros, and 230 South 10th Street
Whittaker Company Lemoyne, PA 17043
.
MOkrOH ... akANlBUkC'
DONALD M HAIlIlUON'
~"'kENCE J. AUM'
JOM"k.UIfAX.'
1l0UTTA. MCKIIl
nEPHEW T. BUIlDUMY'
STUART ~or
CAROl. ANN ~OCUJ.C'
JASON M 51lAltCR
JEfFllfY ItUlUZJd^~
MAkK 1 KHINlY.
JIU ( JACHf.kA'
ARNOlD f. COHIN
mT^OT MllY
JA}.lIT S KOLE'
ABlE f. runtAN
MUL G NOrn.
1l^IlCY N "^Or'
~O Y ^ DlUT,o..
IlIClI^U 5 SCHiff
DAVID .s EACUI
IlICHAkb toe tEQ:.'
JOUPH C. GIUotU'
IRENE M Mc1AffIkTY'
USA ^ lkNST-
STEPHEN P UUU'
ftnp. J N01UrAAN-
fUNCU ^ CAP-QUO"
PllYLW II ~NNIX
DANIll J. CYROUflkE.'
SII^"^N G mlO,^W'
OICH^OO ^ UNllIT"
SHAkON f. SASLOW'
HEATHlIl. I UVINl'
IIlA A. Il.OSINAU
FRAHCU X. TANEY. .Ill-
.
KLEHR, HARRISON. HARVEY. BRANZBURG & ELLERS
WlUlAM A. l,^kVIY
UONAIlD Jot !tUBR
"OURT C. S(Jctk, .Ill'
kOtM J P.O~[N'
JOHN Sf'tLMAN
IlJCJtAP-1> 1 kOISMAN
...LAN M ROUN'
GARy 91, l[VI'
MIClIAn c. fORMAN'
IRIAN J SISKO
MICltAn K.. COIlAN
fIlANCI! M COJl,Iltll. .Ill.
"AYNE D BLOCH
KENNETH J MAIUNO
MAke I\. GARB[R.
KElnl 91. KAPlAN'
OQUGLA\ F. SCtJUICHlk'
LAna MTlMA"
KEVIN W Ir-CAUONEY'
DINllE M DAY-
IARIlY J SIEeEt
MICHAEl J COltOOHE
BRAWY ^ KkOUU.'
TODD L S1LYUUEkC'
FR(DEJlICl J mmk'
MINDY FRIEDMAN'
CERALD F. STAHUCXE.R III-
JEffREY H COHEN
WIlliAM .". MAmiEWS Ill'
LAURA L PEa'
GAYLE ^ MUMGAkTEN'
MAlCOlM T. BkOWN'
BRIAN D Zua:.EJlMAN'
GlUGOkY T. MAns'
'R,^N 1 SOMNsKY
ANDREW D lIYJTZ'
^TTORNEYS ^T l^W
1401 W^lNUT ITREET
PllIl.JJlELI'IUIo. PENNIYlV^NI^ 16102.3163
ClII"Y lULL orne!
'~711^OOONf"LO "'""0
SUITE 610
CHERkY HIll. NEW JUlUY 08002.2220
(6001 .68.1000
(215) 568.6060
MX. (215) 568.6603
^UENrOWN ome!
160. N ClMO COEST Jtvo
SUln~IO
AU1NTOWN, PlNN)YI.YA',M UU04.2351
1610) .32.1603
February 23, 1996
OEL\T^" OffJ(~
222 DtLA"'Akf AVENUE
)Uln 1101
WIl.MINCrON. DElA"ME 19801-11.121
(302) .26.1169
DJOECT DI^!.>
569-3494
'AlJO Mu.tWl NE" JtJ\.SlY Mk
"lWlIUN.TYOOl'^OOIlLY VIA TELECOPIER 17171 240-6397
-MfMUA MMSACHUu.m. MAlNE 1M ONLY
IMtMWl. NEW YOU' DnAWARE '^'" ONLY
Audrey Adams
cumberland County Sheriff'S Department
Cumberland County Courthouse
Carlisle, PA 17013
Re: Dauphin Deposit Bank & Trust Co. v. Appleby Bros.
and Whittaker Company
Cumberland County C.C.P. No. 91;-4705
Dear Audrey:
We represent the plaintiff in the above matter. A
sheriff's sale of the defendant's property at 230 S. 10th Street,
Lemoyne, was originally scheduled for December 6, 1995 and then
postponed to March 6, 1996 due to a bankruptcy filing. We have not
obtained relief from the automatic stay. Accordingly, please close
out the writ and refund any unused portion of the deposit previously paid.
Thank you for your assistance.
Very truly yours,
.?,
'----;;;:?-
Mark S. Kenney
MSK/no
nu.\