PREPARED BY - Southern Investigative Reporting...

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\ q 1' \ PREPARED BY: M. Narisi, Loan Operation Officer, First Priority Bank, 2 W. Liberty Blvd. Suite 104, Malvern, PA 19355, 1610} 280-7100 WHEN RECORDED MAIL TO: First Priority Bank 2 West Liberty Blvd Malvern. PA 19355 1610} 280-7100 PARCEL IDENTIFICATION/ NUMBER: 27-6-145.4 MORT GAG THIS IS A PURCHASE MO Amount Secured Hereby: $804,000.00 is made a exec d between David@ Paul, oenixville, PA 19460; Mahboob k'ho n whose c, ·' ·x · le, PA 19460 and Aruna Elizabeth \( ho.n-.& THIS MORTGAGE dated December 23, 2008, whose address is 123 Anderson Farm Roa , address is 123 Anderson Farm Road, Phoe whose address is 123 Anderson Farm Road, "Grantor") and First Priority Bank, whose a,..-----, P ville, PA 19460 (referred to below as Liberty Blvd. Suite 104, Malvern, PA 19355 (referred to below as "Lender"). GRANT OF MORTGAGE. For ti n, r t gra ts, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Le e all of n r's rig t itle, and interest in and to the following described real property, together with all existing o s equent y rec or affixed buildings, improvements and fixtures; all e s rights of way, all liberties, privileges, tenements, ise made appurtenant hereafter, and the reversions and atercourses and ditch rights (including stock in utilities with lti and profits relating to the real property, including without ilar matters, (the "Real Property") located in Chester commonly known as 20 Schofield Road, Phoenixville, PA tification number is 27-6-145.4. r ently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the r erty d I Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security 1 t rest in th Pe anal Property and Rents. ORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PROPERTY, IS GIVEN TO SECURE (A} PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF Doc fd: 10900437 Receipt#: 437692 Rec Fee: 83.50 RAr-nrrlo<>r nf n,..,..,;.,_ Offl.-...,. 1111111111111111111111111111111111111111111111111111111 TRIDENT LAND TRANSFER 02/10/2009 12 21P 10900437 Psqe 1 of 12 R- P-1

Transcript of PREPARED BY - Southern Investigative Reporting...

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PREPARED BY: M. Narisi, Loan Operation Officer, First Priority Bank, 2 W. Liberty Blvd. Suite 104, Malvern, PA 19355, 1610} 280-7100

WHEN RECORDED MAIL TO: First Priority Bank 2 West Liberty Blvd Malvern. PA 19355 1610} 280-7100

PARCEL IDENTIFICATION/ NUMBER: 27-6-145.4

MORT GAG THIS IS A PURCHASE MO

Amount Secured Hereby: $804,000.00

is made a exec d between David@ Paul, oenixville, PA 19460; Mahboob k'ho n whose c, ·'

·x · le, PA 19460 and Aruna Elizabeth \( ho.n-.&

THIS MORTGAGE dated December 23, 2008, whose address is 123 Anderson Farm Roa , address is 123 Anderson Farm Road, Phoe whose address is 123 Anderson Farm Road, "Grantor") and First Priority Bank, whose a,..-----,

P ville, PA 19460 (referred to below as Liberty Blvd. Suite 104, Malvern, PA

19355 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable~nsider ti n, r t gra ts, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Le e all of n r's rig t itle, and interest in and to the following described real property, together with all existing o s equent y rec or affixed buildings, improvements and fixtures; all

e s rights of way, all liberties, privileges, tenements, ise made appurtenant hereafter, and the reversions and

atercourses and ditch rights (including stock in utilities with lti and profits relating to the real property, including without ilar matters, (the "Real Property") located in Chester

commonly known as 20 Schofield Road, Phoenixville, PA tification number is 27-6-145.4.

r ently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the r erty d I Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security

1 t rest in th Pe anal Property and Rents.

ORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PROPERTY, IS GIVEN TO SECURE (A} PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF

Doc fd: 10900437 Receipt#: 437692 Rec Fee: 83.50

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ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $804,0 0. 0, THE RELATED DOCUMENTS. AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE F L WING TERMS:

GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" "an · law, or any other law which may prevent Lender from bringing any action against Grantor, includm deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lendereo-c' or completion of any foreclosure action, either judicially or by exercise of a power of sale.

GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, nd uthority this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not co default under any agreement or other instrument binding upon Grantor and do not r · regulation, court decree or order applicable to Grantor; (d) Grantor has established d'Y"'"""'C""'\' Borrower on a continuing basis information about Borrower's financial conditio ; and representation to Grantor about Borrower (including without limitation the creditwo hi ess of Bor o er).

PURCHASE MONEY MORTGAGE. If any of the debt secured by this M Real Property, this Mortgage shall be a purchase money mortgage un

PAYMENT AND PERFORMANCE. Except as otherwise provided i t IS

Lender all Indebtedness secured by this Mortgage as it becomes du , Borrower's and Grantor's obligations under this Mortgage.

POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower n possession and use of the Property shall be governed by the following

that Borrower's and Grantor's

Possession and Use. Until the occurrence of an control of the Property; (2) use, operate or mana

may ( 1) remain in possession and collect the Rents from the Property.

Duty to Maintain. Grantor shall maintain the Prop ty · good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its lu

wa ants to Lender that: (1) During the period of 1on, manufacture, storage, treatment, disposal,

y person on, under, about or from the Property; e has been, except as previously disclosed to and

or v alation of any Environmental Laws, (b) any use, e e or threatened release of any Hazardous Substance

ior s or occupants of the Property, or (c) any actual or rson relating to such matters; and (3) Except as previously

) neither Grantor nor any tenant, contractor, agent or other use, ge r e, anufacture, store, treat, dispose of or release any Hazardous he Proper y; and (b) any such activity shall be conducted in compliance with

cal Ia s regulations and ordinances, including without limitation all e der and its agents to enter upon the Property to make such

ex , as Lender may deem appropriate to determine compliance of the tgage. Any inspections or tests made by Lender shall be for Lender's

ot e cons ue to create any responsibility or liability on the part of Lender to Grantor or e r entati s and warranties contained herein are based on Grantor's due diligence in

ro rty for az dous Substances. Grantor hereby ( 1) releases and waives any future claims against Lender f r · de ity or ribution in the event Grantor becomes liable for cleanup or other costs under

d ( a ees to indemnify, defend, and hold harmless Lender against any and all claims, losses, •.v<tan'laQes, ena · s, nd expenses which Lender may directly or indirectly sustain or suffer resulting from

a e of this ec 'on o e Mortgage or as a consequence of any use, generation, manufacture, storage, di o al, release or hr atened release occurring prior to Grantor's ownership or interest in the Property, whether

n t the same wa o should have been known to Grantor. The provisions of this section of the Mortgage, in u ·ng the obligati n o indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction

nveyance o t e lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in p , wh er y foreclosure or otherwise.

nee, . Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any of or waste on or to the Property or any portion of the Property. Without limiting the generality of the

foreg g, ranter will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and g ), oat, clay, scoria, soil, gravel or rock products without Lender's prior written consent.

oval of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property ut Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require

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Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvement o at least equal value.

Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon theRe I Prope reasonable times to attend to Lender's interests and to inspect the Real Property for purp compliance with the terms and conditions of this Mortgage.

Compliance with Governmental Requirements. Grantor shall promptly comply with all a regulations, now or hereafter in effect, of all governmental authorities applicable to the Property. Grantor may contest in good faith any such law, ordinance, or regulatio during any proceeding, including appropriate appeals, so long as Grantor has notifie en doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are may require Grantor to post adequate security or a surety bond, reasonably s · a Lender's interest.

Duty to Protect. Grantor agrees neither to abandon or leave unattended the acts, in addition to those acts set forth above in this section, which from the c

n or sha all other s of the Property are

reasonably necessary to protect and preserve the Property.

DUE ON SALE- CONSENT BY LENDER. Lender may, at Lender's o secured by this Mortgage upon the sale or transfer, without Lender' Property, or any interest in the Real Property. A "sale or transfer" title or interest in the Real Property; whether legal, beneficial or equ·ta outright sale, deed, installment sale contract, land contract, contra t than three (3) years, lease-option contract, or by sale, assignment, or ns -=~" trust holding title to the Real Property, or by any other method of co However, this option shall not be exercised by Lender · law.

TAXES AND LIENS. The following provisions relating to the xe and liens on the Property are part of this Mortgage:

linquency) all taxes, payroll taxes, special taxes, tor on account of the Property, and shall pay

de d or aterial furnished to the Property. Grantor shall al to the interest of Lender under this Mortgage,

, and except for the lien of taxes and assessments

t o ny t , assessment, or claim in connection with a good faith r's Interest in the Property is not jeopardized. If a lien arises or i ·n fifteen (15) days after the lien arises or, if a lien is filed,

o e filing, secure the discharge of the lien, or if requested by rporate surety bond or other security satisfactory to Lender in an osts and reasonable attorneys' fees, or other charges that could

o demand furnish to Lender satisfactory evidence of payment of the taxes e the appropriate governmental official to deliver to Lender at any time a written

nts against the Property.

~MIRI>t(!UIC'tio ntor s all notify Lender at least fifteen (15) days before any work is commenced, any d, o an materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or

a erte account of the worK, services, or materials. Grantor will upon request of Lender dv nee assurances satisfactory to Lender that Grantor can and will pay the cost of such

The following provisions relating to insuring the Property are a part of this

ns ance. Grantor shall procure and maintain policies of fire insurance with standard extended cov age;e,nd<,.,E!imnents on a replacement basis for the full insurable value covering all Improvements on the Real

in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee ·n vor of Lender. Policies shall be written by such insurance companies and in such form as may be

reasonati ceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer ntaining a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' · written notice to Lender and not containing any disclaimer of the 1nsurer's liability for failure to g1ve such

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notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Len e be impaired in any way by any act, omission or default of Grantor or any other person. Should the Rea be located in an area designated by the Director of the Federal Emergency Management Agency as a spe 'al load hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the f aid p balance of the loan and any prior liens on the property securing the loan, up to the maximum pol1c its the National Flood Insurance Program, or as otherwise required by Lender, and to maintain su insuran term of the loan.

Application of Proceeds. Grantor shall promptly notify lender of any loss or dama estimated cost of repair or replacement exceeds $25,000.00. lender may make proof f o s if Grant so within fifteen (15) days of the casualty. Whether or not lender's security is impaire , e election, receive and retain the proceeds of any insurance and apply the proc to Indebtedness, payment of any lien affecting the Property, or the restoration and e o elects to apply the proceeds to restoration and repair, Grantor shall repair or e ace t Improvements in a manner satisfactory to lender. lender shall, upon satisfac o y proof o s ch exp ture, pay or reimburse Grantor from the proceeds for the reasonable cost of re air or re to ation if G a tor is not in default under this Mortgage. Any proceeds which have not been disburs withi 180 a after h ir receipt and which lender has not committed to the repair or restoration of the Pr er. sha I be use first to y any amount owing to Lender under this Mortgage, then to pay accrued interest, a the remaind if any, shall be applied to the principal balance of the Indebtedness. If lender holds any pro ee s after payme t 1 full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may a pe r.

LENDER'S EXPENDITURES. If Grantor fails (A) to keep the P p xes, liens, security interests, encumbrances, and other claims, (8) to provide any required insuran , or (C) to make repairs to the Property then lender may do so. If any action or proceeding is com would materially affect lender's interests in the Property, then lender on Grantor's b may, but is not required to, take any action that lender believes to be appropriate to protect lender's interests. xpenses incurred or paid by lender for such purposes will then bear interest at the rate charged under the Note from e te incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the lnde e ss and, at lender's option, will (A) be payable on demand; (8) be added to the balance of the Note a e ap rt1 ed among and be payable with any installment payments to become due during either ( 1) the ter of y plic le surance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment i w'l e e a payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The r g ts p o 1 fo ·n this paragraph shall be in addition to any other rights or any remedies to which Lender ~e ent le ceo n f any default. Any such action by lender shall not be construed as curing the default so as f6 b len er r m a remedy that it otherwise would have had. Grantor's obligation to lender for all such expenses sha 've t e y f any mortgage foreclosure judgment.

WARRANTY; DEFENSE OF TITLE. The Mortgage:

s ootl and marketable title of record to the Property in fee simple, th r than those set forth in the Real Property description or in any

inion issued in favor of, and accepted by, Lender in connection right, power, and authority to execute and deliver this Mortgage to

the e e 'on in the paragraph above, Grantor warrants and will forever defend the lawfu aims of all persons. In the event any action or proceeding is commenced

or he interest of lender under this Mortgage, Grantor shall defend the action at antor y e the nominal party in such proceeding, but lender shall be entitled to

g and o be represented in the proceeding by counsel of lender's own choice, and se o be delivered, to lender such instruments as lender may request from time to time

ation.

s Grantor warrants that the Property and Grantor's use of the Property complies with all s ordinances, and regulations of governmental authorities.

I of Promise . II promises, agreements, and statements Grantor has made in this Mortgage shall survive tion and e · ery of this Mortgage, shall be continuing in nature and shall remain in full force and effect

h t1 rrower's Indebtedness is paid in full.

TION. The following provisions relating to condemnation proceedings are a part of this Mortgage:

If any proceeding in condemnation is filed, Grantor shall promptly notify lender in writing, and Grantor a promptly take such steps as may be necessary to defend the action and obtain the award. Grantor

ay be the nominal party in such proceeding, but lender shall be entitled to participate in the proceeding and to be ep sented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to

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Lender such instruments and documentation as may be requested by Lender from time to time to er it such participation.

Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or: ny net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Prop proceeds of the award shall mean the award after payment of all actual costs, expense , a ttorneys incurred by Lender in connection with the condemnation.

IMPOSITION OF TAXES. FEES ANO CHARGES BY GOVERNMENTAL AUTHORITIES. The f to governmental taxes, fees and charges are a part of this Mortgage:

Currant Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute this Mortgage and take whatever other action is requested by Lender to perfect Real Property. Grantor shall reimburse Lender for all taxes, as described incurred in recording, perfecting or continuing this Mortgage, including documentary stamps, and other charges for recording or registering this Mortg

Taxes. The following shall constitute taxes to which this sect' n c ax upon this type of Mortgage or upon all or any part of the Indebtedness secure this Mortgage· pacific tax on Borrower which Borrower is authorized or required to deduct from pay b edness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable aga n the Lender or holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on pay e ts of principal n interest made by Borrower.

Subsequent Taxes. If any tax to which this section applies is na ed subse e t to the date of this Mortgage, this event shall have the same effect as an Event of Default, an Len y xercise any or all of its available remedies for an Event of Default as provided bel w unless Grantor ) pays the tax before it becomes delinquent, or (2) contests the tax as provided b e in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or others satisfactory to Lender.

SECURITY AGREEMENT; FINANCING STATEMENTS. The f o . g provisions relating to this Mortgage as a security agreement are a part of this Mortgage:

Security Agreement. This instrument shall c n a ecu Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all f the r,~o secured party under the Uniform Commercial Code as amended from time to time. A Security Interest. Upon request by ~n Grant/r hall e whatever action is requested by Lender to perfect and continue Lender's security interest 1 th PersG.Qa erty. In addition to recording this Mortgage in the real property records, Lender may, at an t' e nd · out further authorization from Grantor, file executed counterparts, copies or reproducti s of his rt ge as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfe ti g or cont' Ul is security interest. Upon default, Grantor shall not remove, sever or detach the Personal Po erty fro t e Property. Upon default, Grantor shall assemble any Personal Property not affixed tolthe Prop t in a man e and at a place reasonably convenient to Grantor and Lender and make it available t t..'et<d- with" ee ( ays after receipt of written demand from Lender to the extent permitted by appli b Ia

Addresses. of Grantor (debtor) and Lender (secured party) from which information by this Mortgage may be obtained (each as required by the Uniform

irst page of this Mortgage.

UTHORIZATIONS. The following provisions relating to further assurances and s Mortgage:

Additiona uthorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender y do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby

e cably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or

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desirable, in Lender's sole opm1on, to accomplish the matters referred to in the preceding para a It is understood that nothing set forth herein shall require Lender to take any such actions.

FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor other ise per r the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to rant satisfaction of this Mortgage and suitable statements of termination of any financing statement on 1 vide ci Lender's secunty Interest in the Rents and the Personal Property. Grantor w1ll pay, if permitted a ·cable Ja:]n

EVENTS OF DEFAULT. At Lender's opt1on, Grantor will be in default under thls Mortg f any of h follow·

reasonable termination tee as determmed by Lender from time to time. e happen:

Payment Defautt. Borrower fa1ls to make any payment when due under the Indebted

Default on Other Payments. Failure of Grantor within the time required by this taxes or insurance, or any other payment necessary to prevent filing of or to eft

Break Other Promises. Borrower or Grantor breaks any promise made to Lend r arm promptly at the time and strictly in the manner provided in this Mortgage or in any reem nt re rtgage.

Default in Favor of Third Parties. Should Borrower or any Gr, n r default under n, extension of credit, security agreement, purchase or sales agreement, or any other a reement, in f o of any other creditor or person that may materially affect any of Borrower's or any Gra to 's property or 8 rrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform the r spective oblig io s under this Mortgage or any related document.

False Statements. Any representation or statement made or fu ·shet>-to-"<ln r by Borrower or Grantor or on Borrower's or Grantor's behalf under this Mortgage or the Related Do false or misleading in any material respect, either now or at the time made or furnish

Defective Collateralization. This Mortgage or any o (including failure of any collateral document to create a for any reason.

elated Documents ceases to be in full force and effect id d perfected security interest or lien) at any time and

Death or Insolvency. The death of Borrower or ra , t ins e y of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor, s ropDa ass1gnment for the benefit of creditors, any type of creditor workout, or the commencem~t of an roc ng und any bankruptcy or insolvency laws by or against Borrower or Grantor. V Taking of the Property. Any creditor or go rnme t e cy tries to take any of the Property or any other of Borrower's or Grantor's property in which h a · n. This includes taking of, garnishing of or levying on Borrower's or Grantor's accounts wi er. o ver, if Borrower or Grantor disputes in good faith whether the claim on which the taking of the P is base is alid or reasonable, and if Borrower or Grantor gives lender written notice of the claim and fu~ i hes Len r it monies or a surety bond satisfactory to lender to satisfy the claim, then this default ~ision ill not apply.

Breach of Other Agre *'· ny b a rr wer or Grantor under the terms of any other agreement between Borrower or Granto a d Le at · not r edied within any grace period provided therein, including without limitation any agre any 1ndebtedness or other obligation of Borrower or Grantor to lender, whether existin

Events Affecti u o~ An of tti preceding events occurs with respect to any guarantor, endorser, surety, pa y of a~ o the Indebtedness or any guarantor, endorser, surety, or accommodation party

o etent, r vokes or disputes the validity of, or liability under, any Guaranty of the

itti elieves itself insecure.

o Cure. d fault, other than a default in payment is curable and if Grantor has not been given a notice of reach of the sa provision of this Mortgage within the preceding twelve (12) months, it may be cured if Gr nt r, after receivin ritten notice from lender demanding cure of such default: ( 1) cures the default within thir OJ days; or ) if the cure requires more than thirty (30) days, immediately initiates steps which lender

in ender's I discretion to be sufficient to cure the default and thereafter continues and completes all le a ary steps sufficient to produce compliance as soon as reasonably practical.

'-"~~·••cREM DIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, op · n, may exercise any one or more of the following rights and remedies, in addition to any other rights or

dies pro · e y law:

celerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by p · able law, to declare the entire Indebtedness immediately due and payable.

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UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all thefr'r hts and remedies of a secured party under the Uniform Commercial Code. \

Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possessio Property and, with or without taking possession of the Property, to collect the Rents, including moun"!'"'' and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. of this right, Lender may require any tenant or other user of the Property to make paymen"""""'" directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authntiiZ<>.-1,e instruments received in payment thereof in the name of Grantor and to negotiate t proceeds. Payments by tenants or other users to Lender in response to Lender' obligations for which the payments are made, whether or not any proper grounds for th may exercise its rights under this subparagraph either in person, by agent, or through a rece er.

Appoint Receiver. Lender shall have the right to have a receiver appointed to t e s n o al the Property, with the power to protect and preserve the Property, to operate t e roperty sale, and to collect the Rents from the Property and apply the proceeds ver and receivership, against the Indebtedness. The receiver may serve wi ond "f rmitted to the appointment of a receiver shall exist whether or not e Indebtedness by a substantial amount. Employment by Lend r receiver.

Judicial Foreclosure. Lender may obtain a judicial decree fo ec osing Grantor's in erest in all or any part of the Property.

Nonjudicial Sale. If permitted by applicable law, Lender may for los Grantor' i erest in all or in any part of the Personal Property or the Real Property by non-judicial sale.

Deficiency Judgment. Lender may obtain a jud t for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received fro xercise of the rights provided in this section.

Tenancy at Sufferance. If Grantor remains in possess n the Property after the Property is sold as provided above or Lender otherwise becomes entitled to po essie o e Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance o end or t p chaser of the Property and shall, at Lender's option, either {1 l pay a reasonable rental fo t us o he P erty, or (2) vacate the Property immediately upon the demand of Lender. a Other Re~edies: Lender shall have~ther ri s n rem ies provided in this Mortgage or the Note or available at law or 1n equ1ty.

Election of R together. An e Lender decides failure Len

ic le law, Borrower and Grantor hereby waive any and all its rights and remedies, Lender shall be free to sell all or any

or by separate sales. Lender shall be entitled to bid at any

ender rights and remedies will be cumulative and may be exercised alone or choose any one remedy will not bar Lender from using any other remedy. If

mane to perform any of Grantor's obligations under this Mortgage, after Grantor's ci · n by Lender will not affect Lender's right to declare Grantor in default and to exercise

ses. f Lender institutes any suit or action to enforce any of the terms of this Mortgage, to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and

ether or not any court action is involved, and to the extent not prohibited by law, all nder incurs that in Lender's opinion are necessary at any time for the protection of its

r the enf c ent of its rights shall become a part of the Indebtedness payable on demand and shall bear te ate from the date of the expenditure until repaid. Expenses covered by this paragraph include,

out , however subject to any limits under applicable law, Lender's reasonable attorneys' fees and de 's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for

ban pt proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any ~ "- anticipa d est-judgment collection services, the cost of searching records, obtaining title reports (including ~ ~ oreclosur reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by

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NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortg~' shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsi~~ unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when p sited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the sses h wn near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien h ha ·a 'ty over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortga Any p ma change his or her address for notices under this Mortgage by giving formal written notice the o er person r persons, specifying that the purpose of the notice is to change the person's address. For o ce p o s, Grant r agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise ided by a I able I if there is more than one Grantor, any notice given by Lender to any Grantor is deeme to e notice Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.

MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of

Amendments. What is written in this Mortgage and in the Related Document i Lender concerning the matters covered by this Mortgage. To be effective, a y Mortgage must be in writing and must be signed by whoever bou d amendment.

Caption Headings. Caption headings in this Mortgage are for c interpret or define the provisions of this Mortgage.

Governing Law. This Mortgage will be governed by fadara ender and, to the extant not preempted by federal law, the laws of the Commonwealth of an sylvania wit o regard to its conflicts of law provisions. This Mortgage has bean accepted by Lander in the C f ennsylvania.

Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender ~="'"~ to submit to the jurisdiction of the courts of Chester County, Commonwealth of Penn y nia.

Joint and Several Liability. All obligations of Borrow a Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and ever Gr tor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor Ia is responsible for all obligations in this Mortgage.

No Waiver by Lender. Grantor understands L ot g1 any of Lender's rights under this Mortgage unless Lender does so in writing. The fact t a er, e s or omits to exercise any right will not mean that Lender has given up that right. If ~er do s ritin to give up one of Lender's rights, that does not mean Grantor Will not have to comp!-v,ymh the rovis o s of this Mortgage. Grantor also understands that if Lender does consent to a request, that not m a th ranter will not have to get Lender's consent again if the situation happens again. Grantor fu nde tand that just because Lender consents to one or more of Grantor's requests, that does not m ill required to consent to any of Grantor's future requests. Grantor waives presentment, dem d test, and notice of dishonor.

Severability. If a court finds that n provisi Mortgage is not valid or should not be enforced, that fact by itself will not mean tha~e rest f is Mortg g will not be valid or enforced. Therefore, a court will enforce the rest of the provisio ;ny t ·s M t e eve · a provision of this Mortgage may be found to be invalid or unenforceable.

Merger. There estate in the P of Lender.

f the interest or estate created by this Mortgage with any other interest or I or for the benefit of Lender in any capacity, without the written consent

o his Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal s 1gns, and shall be enforceable by Lender and its successors and assigns.

is of the essence in the performance of this Mortgage.

a ·as to s Mortgage hereby waive the right to any jury trial in any action, proceeding, or b any party against any other party.

"Borrower" means David C. Paul and Mahboob Kahn and includes all co-signers and ate and all their successors and assigns.

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' .

or regulations adopted pursuant thereto.

MORTGAGE (Continued)

Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortg events of default section of this Mortgage.

Grantor. The word "Grantor" means David C. Paul, Mahboob Kahn and Aruna Elizabeth Kahn.

Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or a'-'"''""'" Lender, including without limitation a guaranty of all or part of the Note.

Hazardous Substances. The words "Hazardous Substances" mean materials that, concentration or physical, chemical or infectious characteristics, may cause or pose a es to human health or the environment when improperly used, treated, stored, disposed of, g transported or otherwise handled. The words "Hazardous Substances" are used · include without limitation any and all hazardous or toxic substances, material o e under the Environmental Laws. The term "Hazardous Substances" also include , ithout petroleum by-products or any fraction thereof and asbestos.

Improvements. The word "Improvements" means all existing mobile homes affixed on the Real Property, facilities, additions re Property.

Page 9

Indebtedness. The word "Indebtedness" means all principal i mounts, costs and expenses payable under the Note or Related Documents, together wit consolidations of and substitutions for the Note or Related Doc Lender to discharge Grantor's obligations or expenses incurred this Mortgage, together with interest on such amounts as prov in limitation, Indebtedness includes all amounts that be indirectly secure of this Mortgage.

Lender. The word "Lender" means First Priority Ban , its uccessors and assigns. The words "successors or assigns" mean any person or company that acquires any in re

Mortgage. The word "Mortgage" means this Mo

ted Documents" mean all promissory notes, credit agreements, loan ents, guaranties, security agreements, mortgages, deeds of trust, security

es, a a other instruments, agreements and documents, whether now or hereafter ion wt h the Indebtedness.

and future rents, revenues, income, issues, royalties, profits, and

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MORTGAGE (Continued)

EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTG;J!<G-J'> GRANTOR AGREES TO ITS TERMS.

THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AN!HaiJIU. AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. D

I hereby certify, that the precise address of the mort

Main Branch, 2 W. Liberty Blvd. Suite 104. Malver

0

COMMONWEALTH OF P

Q)

nk, herein is as follows:

NOWLEDGMENT

Iss I

Page 10

;;::;..;=""~""*'L.._~.,..d•v of 1\p L f#v/ beR._ . 20 o0 . before me __ , the undersignJVftiotary Public, personally appeared David C. Paul; Mahboob

wn to me (or satisfactorily proven) to be the person whose names are subscribed ledged that they executed the same for the purposes therein contained.

h reunto set my hand and official seal. --------=::::: ~~~~~~~P~N~N2SY~L~V~AN~~~ ~

RO Lending, Ver. 5.42.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. -PA ho\CFI\LPL\G03.FC TR-961 PR-16

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MORTGAGE (Continued)

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Page 11

Schedule C Description and Recital

Order Number: 2737394DC

ALL THOSE CERTAIN lots or pieces of ground, SITUATE in the Township of Schuyl of Chester and State of Pennsylvania, bounded and described according to a Plan Anderson Farm, made by Momenee and Associates, Civil Engineers and Land Surve Bryn Mawr, Pennsylvania (610) 527-3030, dated 11/3/1998 recorded 6/4/2 · No. 16237, as follows, to wit:

BEGINNING at a point on the Southwesterly side of Schofield Road, said 9int b ·n corner of Lot No. 14; thence extending from said beginning point alan 1:. No. 1 degrees, 25 minutes, 23 seconds West, 429.70 feet to a point in line of I formerly of Michael J. Civatella and Barbara N. Civatella (Deed Bo 255); thence extending along the same North 52 degrees, 36 minutes t, 54.69 feet to a point, a corner of Lot No. 3; thence along the same No t 14 seconds East, 321.55 feet to a point of curve on th out we e Road; thence along the same the (2) following cours s nd distan on the arc of a circle curving to the left, having a radius of 605.00 f t, the arc is ance of 158.39 feet to a point of tangent and (2) South 80 degrees, 04 minu e , 37 secon s East, 47.50 feet to the first mentioned point and place of beginning.

BEING LOT No. 15 as shown on said Plan.

Tax ID I Parcel No. 27-6-145.4

d nn E. Uphouse by Deed dated 6 in Chester County in Record Book

d Caroline Tucker, as tenants by the

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