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HomeMy WebLinkAbout08-1318D3- i31 s PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Mid Penn Bank v. Zimmer Grove Homes Court of Common Pleas of Dauphin County, Pennsylvania Civil Term, 2007, No. 12209 0>il I -Fem Pursuant to Pa. R.C.P. 3002, kindly enter judgment against the Defendant in the amount of $523,030.25 in accordance with the following documents attached hereto: (1) Certified copy of all docket entries in the above-captioned case; and (2) Certification of the amount of the judgment in the above- captioned case; and respectively enter the judgment in the appropriate dockets and in the judgment index against Defendant. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHODN P.C. Date: 1 /Op_? B`y S16veri'J`Schiffman, quire Merritt C. Reitzel, Elre Pa. I.D. Nos. 25488 & 92069 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 (717) 540-9170 Counsel for Plaintiff Y I ' a In The Court of Common i3Ien of ?Baupbin Countp, Vennoplbania Mid Penn Bank VS. No. 2007-CV-12209-NT Zimmer Grove Homes Inc CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Plaintiff, Mid Penn Bank and against Zimmer Grove Homes, Inc. on November 14, 2007 in said case in the amount of $523,030.25. 3n Teotimonp Wbereof, I have hereunto set my hand and affixed the seal of the Court, on Friday, February 08, 2008. Prothonotary By: Deputy JUDGMENT Interest from Attorney Due Plaintiff Paid Prothy. Due This record $523.030.25 12/8/1999 $3.00 $33.00 $10.00 $20.00 Date: 2/8/2,008 . Time: 10:10 AM Page 1 of 2 Filed: 11/14/2007 Subtype: Notes Comment: Physical File: Y Appealed: N User: KWEBB Status History Pending 11/1412007 Judge History Date Judge Reason for Removal 11/14/2007 No Judge, Current Payments Receipt Date Type Amount Schiffman, Steven Jay (attorney 145888 11/14/2007 Civil Filing 33.00 Serratelli Schiffman Brown & Ca 152734 2/8/2008 Miscellaneous 20.00 Exemplified Record 20.00 Total 53.00 Miscellaneous Receipts Receipt Date 152734 2/8/2008 Exemplified Record 20.00 Sum: 20.00 Plaintiff Name: Mid Penn Bank Address: Phone: Home: Work: Employer: Litigant Type: Comment: Attorneys Reitzel, Merritt C Defendant (Primary attorney) SSN: DOB. Sex: Send notices: Y Send Notices Name: Zimmer Grove Homes Inc Address: 5751 Union Deposit Rd Harrisburg PA 17111 Phone: Home: Work: Employer: Litigant Type: Comment: Attorneys Reitzel, Merritt C Register of Actions 11/14/2007 New Civil Case Filed This Date. Dauphin County Complete Case History Case: 2007-CV-12209-NT Mid Penn Bankvs.Zimmer Grove Homes Inc SSN: DOB: Sex: Send notices: Y (Primary attorney) Send Notices No Judge, Date:' 2/8/Z008 , Dauphin County User: KWEBB Time: 10:10 AM Complete Case History Page 2 of 2 Case: 2007-CV-12209-NT Mid Penn Bankvs.Zimmer Grove Homes Inc Register of Actions 11/14/2007 Filing: Complaint with Confession of Judgment Paid by: Schiffman, Steven Jay (attorney for Mid Penn Bank) Receipt number: 0145888 Dated: 11/14/2007 Amount: $33.00 (Check) Plaintiff: Mid Penn Bank Attorney of Record: Merritt C Reitzel Defendant: Zimmer Grove Homes Inc Attorney of Record: Merritt C Reitzel On Complaint filed Judgment in favor of Plaintiff and against Defendant in the sum of Five Hundred Twenty-Three Thousand Thirty and 25/100 Dollars ($523,030.25) by virtue of authority contained in the Warrant of Attorney filed dated 12/8/1999 payable installments with interest, costs, etc. --- for colt'n. Inquisition and Exemption Waived. Entered At 2:32 p.m. Stephen E. Farina, Prothonotary Copies of all documents mailed. 1/25/2008 Certificate of Service of the Confession of Judgment, Complaint in Confession of Judgment, and the Notices required under Pa. R.C.P. 236, 2737.1 and 2958.1 upon defendant, Zimmer Grove Homes, Inc., filed. Judgment Order date In Favor Of Disposition 11/14/2007 Plaintiff 11/14/2007 Open Comment: 523030.25 Plaintiff: Mid Penn Bank Defendant: Zimmer Grove Homes Inc I hereby ceFVy that the foregoing is a true and correct copy of the original filed. No Judge, No Judge, No Judge, No Judge, No Judge, Judgment Judgment Prothonotary/Clerk of Courts 1 r^ , Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, Plaintiff vs. ZIMMER GROVE HOMES, INC. Defendants H .Z.' /`Sr : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : No.,9 wr) 0- v : CIVIL ACTION-LAW NOTICE TO: Zimmer Grove Homes, Inc. Roger B. Zimmer, President William R. Grove, Vice President 5751 Union Deposit Road Harrisburg, PA 17111 ? aac? ti Pursuant to Pa.R.C.P. 236, you are hereby notified that judgment by confession has been entered against you in the above-captioned matter. Date: NOV 14 2007 Prothonotary If you have any questions concerning this notice, please contact plaintiffs, counsel at the address and phone number above. ?' E S 0 8 2008 I hereby certify that the foregoing is a true and correct copy of the original filed. 'SOPLO t Prothonotary f ? Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. C3 4 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 -mac Harrisburg, PA 17110-9670 r'n ._; ; -- ::. :••; ! ; (717) 540-9170 PA ID Nos. 25488 & 92069 W ..ti rv MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA vs. :No. ZIMMER GROVE HOMES, INC, Defendant : CIVIL ACTION-LAW Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights To: Zimmer Grove Homes, Inc. Roger B. Zimmer, President William R. Grove, Vice-President & Secretary 5751 Union Deposit Road Harrisburg, PA 17111 A judgment in the amount of $523,030.25 has been entered against you and in favor of the Plaintiff without prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this Notice is served on you. You may have legal rights to defeat the judgment or prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOURTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR DAUPHIN COUNTY COURTHOUSE FRONT & MARKET STREETS HARRISBURG, PA 17101 TELEPHONE (717) 780-6624 Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRA7EU.I, SCHIFFMAN, BROWN & CALHOON, P.C. CZ: 2080 Linglestown Road, Suite 201 -o c Harrisburg, PA 17110-9674 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, IN THE COURT OF COMMON PLEAS V Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA vs. No. &W-? c J 1&_-_)^q q ZIMMER GROVE HOMES, INC, Defendant : CIVIL ACTION-LAW NOTICE PURSUANT TO 42 PS.C.S. 627371 Please take notice that the Plaintiff In this matter has entered judgment by confession against you in the amount of $523,030.25. You are entitled to a petition to "strike" or "open" the judgment. In order to do so, you must promptly file a petition with the Court of Common Pleas of Dauphin County, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. Any such petition can be filed with the clerk or Prothonotary at the courthouse in Harrisburg, Dauphin County. A petition is a formal statement of your basis for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above. The petition must state your reasons for challenging the judgment in separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end of the document verifying that the facts you state in the petition are true and accurate. You will waive any defense and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, you must meet the requirements of Rule 2959 of the Rules of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take steps to collect on the judgment by asking the Sheriff to seize your assets. Accordingly, you should Immediately seek the advice of attorney. If you wish to discuss the matter with an attorney but do not know how to find one, you may request a referral by contacting the following agency: COURT ADMINISTRATOR DAUPHIN COUNTY COURTHOUSE FRONT & MARKET STREETS HARRISBURG, PA 17101 TELEPHONE (717) 7804624 Corporations may be unable to represent themselves in court. If the defendants include a corporation, the corporation must appear through an attorney if it intends to challenge the judgment. You may receive other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you. We reiterate that you are required to act promptly if you wish to seek relief from the judgment. Under certain circumstances, you have only 30 days in which to file a petition after papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order to protect your interests. Failing to act in a timely manner will render you unable to challenge the judgment at a later time. If you were Incorrectly Idendfled and Judgment was entered against you In error you may be endded to collect cost and reasonable attorney's fees as determined by the Court. By. 1156 mey fo id 116nn nk Rule 2959. Striking off or Opening Judgment. Pleadings. Procedure. (a)(1) Relief from judgment by confession shall be sought by petition. Except as provided In subparagraph (2), all grounds for relief whether to strike off the judgment or to open judgment must be asserted In a single petition. The petition may be filed in the county in which the judgment was originally entered, In any county to which the judgment has been transferred or in any other county in which the sheriff received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (1) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3 (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(0)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defense and objections which are not in the petition or answer. (d) The petition and rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending deposition of the application to strike off the judgment. If the evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g)(1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g)' which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. 'Subd. (g) added by Order of Sept. 28, 2004, imd. effective. .?r, 7 Steven J. Schiffman, Esq. - W Merritt C. Reitzel, Esq. N SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA vs. No. ZIMMER GROVE HOMES, INC., Defendant CIVIL ACTION-LAW CONFESSION OF JUDGMENT FOR MONEY Pursuant to the authority contained in the warrant of attorney, a true and correct copy of which is attached to the complaint filed in this action, I appear for the defendants and confess judgment in favor of the plaintiff and against defendants as follows: Note Number: 166587 Date of Note : 7/16/1998 Principal Balance: $450,000.00 Interest to 11/13/07: $18,877.83 Late Fees: $7,264.64 Attomeys' Fees: $46,887.78 (10% of principal balance and interest, as authorized by the warrant of attorney) Total $523,030.25 plus additional Interest, attorneys' fees, and costs of suit (Interest will continue to accrue as authorized in the loan documents) Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Stev n . Schiffman, Esq. M C. Reitzel, Esq. Counsel for Defendants Date: 1 ja/o`7 Steven J. Schlffman, Esq. Merritt C. Reltzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHow P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, vs. a c ? x ,.; I. "r1r-?? N IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA ZIMMER GROVE HOMES, INC, Defendant : No. a M 7 CV r a ac)q : CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY k?r Plaintiff files this complaint pursuant to Pa.R.C.P. 2951(b) for judgment by confession and avers the following: 1. Plaintiff is an independently-owned community bank, with its primary place of business at 349 Union Street in Millersburg, Dauphin County, Pennsylvania, 17061. Mid Penn Bancorp, Inc., the holding company for Mid Penn Bank, is a Pennsylvania corporation. rr I 2. Defendant is a Pennsylvania corporation with its primary place of business located at 5751 Union Deposit Road, Harrisburg, PA, 17111. 3. Roger B. Zimmer is the president of defendant corporation. 4. William R. Grove is the vice president and secretary of defendant corporation. 5. On or about July 16, 1998, plaintiff extended a line of credit loan to defendant in the amount of $250,000.00. 6. A true and correct copy of the note dated 7/16198 is attached as Exhibit A. 7. On December 8, 1999, the parties executed an amendment to the note whereby plaintiff increased defendant's line of credit from $250,000.00 to $550,000.00. 8. A true and correct copy of the Amended and Restated Note dated 1218199 is attached as Exhibit B. 9. On February 16, 2001, the parties executed a change in terms agreement authorizing judgment by confession and increasing defendant's line of credit to $775,000.00. 10. A true and correct copy of the Change in Terms Agreement dated 2/16101 is attached as Exhibit C. 11. On September 6, 2005, the parties executed a change in terms agreement whereby plaintiff took 5851 Union Deposit Road, Harrisburg, Pennsylvania, 17112 as additional collateral in exchange for a decrease in the applicable interest rate. 12. The judgment sought herein is not against a natural person in connection with a consumer credit transaction. 13. The attached instrument has not been assigned. 14. Judgment has not been entered in any jurisdiction on the attached instrument authorizing confession. 15. Contrary to the terms and provisions of the loan documents, defendant failed to make payments when due on loan #166587. 16. Defendant's failure to make payments when due constitutes a default under the terms of the loan documents. 17. Under the Change in Terms Agreement of 2/16/01 and the Change in Terms Agreement of 9/6/05, defendant is liable for attorneys' fees equal to 10% of the outstanding principal balance and interest. 18. As the result of its default, defendant is liable to plaintiff as follows: Principal Balance $450,000.00 Interest to 11/13/07 $18,887.83 Late Fees $7,264.64 Attomeys' Fees $46,887.783 (10% of principal balance and interest, as authorized by the warrant of attorney) Amount Due: $523,030.28 plus additional accrued interest & attorneys' fees (Interest will continue to accrue as authorized in the loan documents) r I WHEREFORE, plaintiff demands judgment by confession in the amount of $523,030.25, plus additional interest, attorneys' fees, and costs, as authorized by the warrant of attorney. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. S even .Schiffman, Esq. Merr' . Reitzel, Esq. Counsel for Defendants Date: November a, 2007 f VERIFICATION I, Robert McDonald, do hereby state, under penalty of 18 P.S. § 4904 relating to unswom falsification to authorities, that I am an authorized representative of Mid Penn Bank, am authorized to give this verification on its behalf, and that the averments set forth in the foregoing complaint are true and correct to the best of my knowledge, information, and belief. Mid Penn Bank By; _ -112? 6 ?Z? Robert McDonald DATE: November _ 1 2007 Authorized Representative Steven J. Schlffman, Esq. Merritt C. Reltzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, Plaintiff VS. ZIMMER GROVE HOMES, INC., Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA No. a06l7 CU f a a? : CIVIL ACTION-LAW CERTIFICATION I hereby certify the precise last known addresses of the parties are as follows: Plalntiff: Mid Penn Bank 349 Union Street Millersburg, Pennsylvania, 17061 Swom to and subscribed before me this day of WDUeA&W 1. .. &CDY1,c,.)? Notary Public Defendant: Zimmer Grove Homes, Inc. 5751 Union Deposit Road Harrisburg, PA, 17111 BY: e7 . Reitzel, Esq. o ? aw?urH r• P ? a'a eiV* owaw,oa?r,?? Nb?aortrri?lon ? ? ? z0i! Ponn?ylvanle gssodagon Of Notsrlae •--;- -?r?II??o "' _..1. NOTE ($2,50,000.00) July 16, 1998 FOR VALUE RECEIVED, the undersigned promises to pay MID PENN BANK, a state chartered banking institution, organized and existing under the laws of the Commonwealth of Pemisylvania, with its principal place of business located at 349 Union Street, Millersburg, Pennsylvania 17061, on order, the principal sum of Two Hundred Fifty Thousand Dollars and No/100 (250,000.00) together with interest on the unpaid balance at the rate of Mid Penn Bank Prime, ("Prime") Plus 1.0%, per year, payable interest only, to be billed monthly. The interest rate will be adjusted immediately upon any change in the "Prime" rate. Any remaining indebtedness, including the unpaid principal balance, unpaid interest and other charges as provided for herein or in any other loan documents, if no sooner paid, shall be due and payable on the 16th day of July, 1999, unless extended as set forth in the Revolving Line-of-Credit Agreement. This is a revolving credit loan subject to the terms and conditions as set forth in "Open Line-of-Credit Agreement," dated July 16, 1998. If any payment under this Note is not paid when due, the unpaid principal balance of this Note shall bear interest during the.period of delinquency at a rate of Prime Plus 2.0%, floating daily and, at the option of the holder hereof, the entire principal amount outstanding hereunder and accrued interest thereon shall at once become due and payable. Failure to exercise such option shall not constitute a waiver of the right to exercise such option if the undersigned is in default hereunder. In the event of any default in the payment of this Note, and if the same is referred to any attorney-in-fact for collection or suit is brought hereon, the undersigned shall pay the holder hereof, in either case, all expense's and costs of collection, including, but not limited to, attorney's fees of five (5%) percent of the unpaid principal balance hereof, but not less than 'One Hundred Dollars ($100.00). Borrower agrees that the interest rate payable after a judgment is entered on the Note, or in an action of mortgage foreclosure shall be the rate paye,;ie from time to time under the Note. The undersigned shall pay to the holder hereof on demand a late charge of five percent (5%) of any payment not received by the holder hereof within fifteen (15) calendar days after the day the payment is due; said additional charge shall be added to the principal debt in the event it is not paid. AND PROVIDED FURTHER, anything herein provided to the contrary notwithstanding, it is expressly understood and agreed that the obligation of this Note shall cover, as well, any other additional advances that may be made by Obligee to Obligor at any time or times hereafter, provided that at n time may the total balance due by Obligor to Obligee hereunder, whether the same represents, in whole or in part, the initial advance or any further advance or advances exceed the original amount of this obligation. A iJ l AND FURTHER, the Obligor agrees that if at any time any payment due hereunder shall be in arrears for a period of 15 or more days or if default is made as set forth in any other Loan Document, then in any such case, the said principal sum, and additional advances, or so much thereof as shall remain unpaid, shall, at the option of Obligee, its successors or assigns, become due, and payment of the same and all accrued interest an charges, taxes, water rents and costs of insurance as aforesaid, together with an attorney's commission as above mentioned, besides costs of suit, may be enforced and recovered at once, anything herein contained to the contrary notwithstanding. FROM time to time, without affecting the obligation of the undersigned or the successors or assigns of the undersigned to pay the outstanding principal balance of this Note and observe the covenants of the undersigned contained herein, without affecting the guaranty of any person, corporation, partnership or other entity for payment of the outstanding principal balance of this Note, without giving notice to or obtaining the consent of the undersigned, the successors or assigns of the undersigned or guarantors and without liability on the part of the holder hereof, the holder hereof may, at the option of the holder hereto, extend the time for payment of said outstanding principal balance or any part thereof, reduce the payments thereof, release anyone liable on any of said outstanding principal balance, accept a renewal of this Note, modify the terms and time of payment of said outstanding principal balance or join in any extension or subordination agreement, and agree in writing with the undersigned to modify the rate of interest or period of amortization of this Note or change the amount of the monthly installments payable hereunder. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their heirs, personal representatives, successors and assigns. The indebtedness evidenced by this Note is secured by a Mortgage dated of even date herewith, and reference is made hereto for additional rights as to acceleration of the indebtedness evidenced by this Note and further duties, obligations and rights of the parties hereto. IN WITNESS WHEREOF, Borrower has executed this Note or has caused the same to be executed by its representatives thereunto duly authorized. ATTEST: Secretary [Corporate Seal] ZIMMER GROVE HOMES, INC., a Pennsylvania Corporation By.:. / (SEAL) Name: a Title: 2 AMENDED AND RESTATED NOTE $550,000.00 December a ,1999 FOR VALUE RECEIVED, the undersigned promises to pay MID PENN BANK, a state chartered banking institution, organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 349 Union Street, Millersburg, Pennsylvania 17061, on order, the principal sum of Five Hundred Fifty Thousand Dollars ($550,000.00), together with interest on the unpaid balance at the rate of Mid Penn Bank Prime ("Prime") Plus 1.0%, per year, payable interest only, to be billed monthly. The interest rate will be adjusted immediately upon any change in the "Prime" rate. Any remaining indebtedness, including the unpaid principal balance, unpaid interest and other charges as provided for herein or in any other loan documents, if no sooner paid, shall be due and payable on the 30th day of July, 2000, unless extended as set forth in the Revolving Line-of-Credit Agreement. This is a revolving credit loan subject to the terms and conditions as set forth in "Open Line-of-Credit Agreement," dated July 16, 1998. This Note amends and restates, and is not to be a substitution for or a novation of, that certain Note, dated July 16, 1998, executed and delivered by the undersigned in favor of Mid Penn Bank in the original principal amount of $250,000.00. If any payment under.this Note is not paid when due, the unpaid principal balance of this Note shall bear interest during the period of delinquency at a rate of Prime Plus 2.0%, floating daily and, at the option of the holder hereof, the entire principal amount outstanding hereunder and accrued interest thereon.shall at once become due and payable. Failure to exercise such option shall not constitute a waiver of the right to exercise such option if the undersigned is in default hereunder. In the event of any default in the payment of this Note, and if the same is referred to any attorney-in-fact for collection or suit is brought hereon, the undersigned shall pay the holder hereof, in either case, all expenses and costs of collection, including, but not limited to, attorney's fees of five percent (5%) of the unpaid principal balance hereof, but not less than One Hundred Dollars ($100.00). Borrower agrees that the interest rate payable after a judgment is entered on the Note, or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. The undersigned shall pay to the holder hereof on demand a late charge of five percent (5%) of any payment not received by the holder hereof within fifteen (15) calendar days after the day the payment is due; said additional charge shall be added to the principal debt in the event it is not paid. AND PROVIDED FURTHER, anything herein provided to the contrary notwithstanding, it is expressly understood and agreed that the obligation of this Note shall cover, as well, any other additional advances that may be made by Obligee to Obligor at any time or times hereafter, provided that at no time may the total balance due by Obligor to Obligee hereunder, whether the same represents, in whole or in part, the initial advance or any further advance or advances exceed the original amount of this obligation. AND FURTHER, the Obligor agrees that if at any time any payment due hereunder shall be in arrears for a period of 15 or more days or if default is made as set forth in any other Loan Document, then in any such case, the said principal sum, and additional advances, or so much thereof as shall remain unpaid, shall, at the option of Obligee, its successors or assigns, become due, and payment of the same and all accrued interest and charges, taxes, water rents and costs of insurance as aforesaid, together with an attorney's commission as above mentioned, besides costs of suit, may be enforced and recovered at once, anything herein contained to the contrary notwithstanding. FROM time to time, without affecting the obligation of the undersigned or the successors or assigns of the undersigned to pay the outstanding principal balance of this Note and observe the covenants of the undersigned contained herein, without affecting the guaranty of any person, corporation, partnership or other entity for payment of the outstanding principal balance of this Note, without giving notice to or obtaining the consent of the undersigned, the successors or assigns of the undersigned or guarantors and without liability on the part of the holder hereof, the holder hereof may, at the option of the holder hereof, extend the time for payment of said outstanding principal balance or any part thereof, reduce the payments thereof, release anyone liable on any of said outstanding principal balance, accept a renewal of this Note, modify the terms and time of payment of said outstanding principal balance or join in any extension or subordination agreement, and agree in writing with the undersigned to modify the rate of interest or period of amortization of this Note or change the amount of the monthly installments payable hereunder. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their heirs, personal representatives, successors and assigns. The indebtedness evidenced by this Note is secured by a Mortgage dated of even date herewith, and reference is made hereto for additional rights as to acceleration of the indebtedness evidenced by this Note and further duties, obligations and rights of the parties hereto. IN WITNESS WHEREOF, Borrower has executed this Note or has caused the same to be executed by its representatives thereunder duly authorized. ATTEST: ZIMMER GROVE HOMES, INC., a Pennsylvania Corporation By: Secretary Name: [Corporate Sea]] Title: ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this, the 'i` t) day of December, 1999, before me, a Notary Public, the undersigned officer, personally appeared known to me or satisfactorily proven to be the pers whose nee is subscribed to this instrument and acknowledged that he executed the same for the purposes therein contained. This person's name is subscribed in a representative capacity for the principal named, Zimmer Grove Homes, Inc., a Pennsylvania corporation, and in the capacity indicated, and hereby acknowledges and certifies that he has full authority to enter into the Note on behalf of Zimmer Grove Homes, Inc., a Pennsylvania corporation. IN WITNESS WHEREOF, I set my hand and official seals. MY COMMISSION EXPIRES: NOTAR UBLIC NOTARIAL SEAL CHERYL L. NEARHOOD, Notary Puhlie Derry Up., Dauphin County M Commission E (res Dec. 28, 1M FIB-15-Loo ? `fH;.l 0',:3b rri M I D PENN BANK FAX NO, ?; 76?L48o ? F. 02 Gt-tANGE IN TERMS AGREEME,.T ' 1 T References in the shaded area are for Lender's use only and do not limit the applicablllty of this document to any particular loan or item, Any dam above containln0 I I " has been oinitted duo to text lenath limitations. Borrower: zimmor Grove Homes, Inc. (TINS 23-2261187) Lender: Mid Penn Bank 5761 Union Deposit Road Front Street Of ee Harrisburg, PA 17111 2615 North Front Street Harrisburg, PA 17110 (717) 23.7-7360 Principal Amount: $775,000.00 Initial Rate: 9.500% Dante of Agreement: February 16, 2001 DESCRIPTION OF EXISTING INDEBTEDNESS. A Note In the original amount of 9260.000.00 dated July 16, 1995, together with any subsequent renewals and modifications. DESCRIPTION OF COLLATERAL. The loam is secured by an Open-End Mortgage and Security Agreement dated July 16, 1999, together with any subsequent modifications. DESCRIPTION OF CHANGE IN TERMS. The principal amount of the loan shall increase to $775,000.00. ..... .. . PRgMlst= TO PAY. Zimmer Grave Homes, Inc. ("Borrower") promises to pay to MItl Penn Sank ("Lander"), or ardor, In lpwfut money of the United Slates of America, on demand, the principal amount of Seven hundred Seventy Five Thousand a4 001100 Dollars ($775,000.00) or no much as may be outstanding, together with Interest on the unpaid outoWding principal balance of each advance. Interest shall be calculated from the dale of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan immediately upon Lender's demand. Payment In full Is due Immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment dais, beginning March 1, 2001, with all subsequent Interest payments to be due on Inc same day of each month after that. Interest on this Agreement Is computed on a 36WWO simple Interest basis; that Is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, Multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lander may designate In writing. VARIABLE INTEREST RATE. The interest rate on this Agreement Is subject to change from time to time based on changes In an index which Is Lender's Prime Rate (the '1ndeX"). This is the rate Lander charges, or would charge, on 90-4ay unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rata change will not occur more often than each month, on the first day of the month, Borrower understands that Lander may make loans based on other Was 45 well. The Index currently Is 8,00% per annum. The Interest rate to be applied to the unpaid principal balance or the Note will be at a rate of 1.000 percentage point over the Index, resulting In an Initial rata of 4.500% per annum. NOTICE: Under no circumstances will the Interest rate on the Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is duo. Early payments will not, unless agreed to by lender In writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to sand Lander p4Yments marked "paid in full", "without recourse", or similar language. If Borrower sands such a payment, Lander may accept It without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lander. All written communications concerning disputed amounts, including any check or other payment instrument that Indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Front Street Office, 2616 North Front Street, HarrisbUrg, PA 17110. LATE CHARGE. If a regularly scheduled interest payment Is 16 days or more late, Borrower will be charged 10,000% of the regularly scheduled payment or $2q,00, whichever Is greater. If Lender demands payment of this loan, and Borrower does not pay the loan In full within 16 days after Lender's demand, Borrower also will be charged either 10.0009 of the sum of the unpaid principal plus accrued unpaid Interest or $2040, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, If permitted under applicable law, increase the variable interest rate on this Agreement to 6.000 percentage points over the index. The Interest rate will not exceed the maximum rate permitted by applicable law. It judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the Interest rate applicable to this Agreement at the time judgment is entered. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower falls to make any payment when due under the Indebtedness. Other Default&. Borrower tells to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Rattled Documents or to comply with or to perform any term, obligation, covenant or condition contained irl any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the lima made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or terminallon of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self--help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This Includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply If there is a good faith dispute by Borrower as to the validity or reasonableness of the cfalm which Is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lander monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dtap We. Events Affecting Guarpnlgr. Chained.- In nwnwrxhln. Anv rhnnae in nwnershio et twenh-ilve oement (25%) or morn of the common stock of Borrower. '[LL i : U i : 3t; PM r n t1 PENN bpm FAX 110, 7176924861 P. 03 CHANGE IN TERMS AGREEMENT Loan No: 166587 (Continued) Page 2 Adverse Change. A material adverse change occurs in Borrower's flnanclal condition, or Lander believes the prospect of payment or performance of the Indebtedness is impalred. Insecurity, Lender In good faith believes itself insecure. LFNDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applioabla law, declare the entire unpaid principal balance on this Agreement and alt accrued unpaid interest Immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone also to help collect this Agreement if Borrower does not pay. Borrower will pay Lander that amount. This Includes, subject to any limits under applicable law, Lender's attorneys' tees and tender's legal expenses, whether or not there Is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), and appeals. It not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law, JURY WAIVER, Lender and Borrower hereby waive the right to any jury 1rIA1 In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other, GOVERNING LAW. This Agreement will be governed by, construed and enforced In accordance with federal law and tho law; of the Commonwealth of Pennsylvania. This Agreement has been apCepled by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable iaw. Lender reserves a right of setoff in all Borrower's accounts with Lander (whether checking, savings, or some other account), This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze All such accounts to allow Lander to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Agreement is secured by, in addition to any other collateral, a Mortgage or Deed of Trust to a trustee In favor of Lander on real property located In Dauphin County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby Incorporated And made a part of this Agreement. LINE OF CREDIT. This Agreement evidences a revolving line of credit. Advances under this Agreement, as well as directions for payment from Borrower's accounts, may be requested Drolly or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed In writing. Borrower agrees to be liable for 411 sums either: (A) advanced In accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lander. The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Agreement or by Lender's Internal records, including daily computer print--outs, CONTINUING VALIDITY. Except as expressly changed by this Agreement, the lerma of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and In full forge and effect. Consent by Lender to this Agreement does not waive Lander's right to strict performance of the obligation(s) as changed, nor obligate Lender to, make any future change in terms. Nothing in this Agreement will conslilule a satisfaction of the obligation(s). ti is the intention of Lander to retain as liable parties all makers and endomars of the original obligation(s), Including accommodation parties, unless a party 1S expressly released by Lander in writing. Any maker or endorser, including accommodation makers, will not be released by virtue o1 this Agreement. If any person who signed the original obligation does not sign this Agreement below, than all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by R. This waiver applies not only IQ any initial extension, modtlicatlon or release, but also to All such subsequent actions. RELATIONSHIP LOAN TO VALUE, Borrower agrees that the ratio of the sum of all oustanding loan balances and credit availability on all loans rand commitments from Lander to Borrower, to the sum of all collateral values Securing said'ioans and commitments, shall not exceed 75%. It this ratio is exceeded, Lenderat It's option, mays (A) reduce credit availability if any, under this or any other loan with Borrower, or (B) require that Borrower provide additional collateral acceptable to Lender, or (C) require repayment of loan principal. Lender may use one or any combination of these options until the ratio Is achieved. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE', TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1096) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY FVW NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGME=NTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY: AND FOR $0 DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTi:A BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE, BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL, SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors And assigns. MISCELLANEOUS PROVISIONS. This Agreement is payable on damand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Agreement on its demand. Lender may delay or forgo enforcing any of Its rights or remedies under this Agreement without losing them. Borrower and any other pardon who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated In writing, no party who Signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lander may renew or extend (repeatedly and for any length of time) this loan or release any parry or guarantor or collateral. or impair, fail to realize upon or perfect Lender's security Interest In the collateral: and take any otter action deemed necessary oy Lander without the consent of or notice to anyone. All such partial also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement Is for any reason determined to be unenforceagle, it will not affect the enforceability of any other provisions pf this Agreement. FEB-tS-2GU 1 1 HU 6 1 ; 3 M I! i J Pi NN BA14K FAX NO, 7 DoV024861 P, U4 CHANGE IN TERMS AGREEMENT Loan No: 166567 (Continued) Page 3 PRIOR TO SIGNING THIS AGREEMENT, BORROWER RSAD AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIAOLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT 16 INTENDED THAT THIS AGREEMENT 15 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ZIMMER GROVE HOMES, INC. BY. Ni1Ni * I Seal? Roger . Z mme resident or Zimmer Grove Homes, Inc. 0861 PRO LMtlnO, Net. V.1. Pal. 1, T.M. 9W. V41, L3,I6,e1 t116m,gnl lA Mil to@ I, AR 0191111 I1610wt. • PA FILCAMCFALPLIONCIC TA.bd, ?M31 C kNGE IN TERMS AGREEMI T ' '?"? •. .., AR: ? .. ' ..,. .? :.. .4. :..y .,:. 44?.. . ? ::•!K ?• 4?i,;4vY-?,,•,4p? .,. .::?,•:..• .; ...:..::•t.:. v '.vnr'. ?;? • ;. ;xu ":,:Y.4 ...... .. .?. ., .. ,;?.. . ? 4:.t•r'7: ? t .. , a•..._.,, ,, •v.• :'v.?. :% „wd: ..•. ..., ? .:..'vim References to the shaded area are for Lender's use onl? and do rot limit the appltcability of this document lo any parttcular loan or item. __ Any item above containing "'"' has been omitted due tp text length 1lmitatlons. Borrower: Zimmer Grove Homes, Inc, (TIN: 23-2951187) Lender: Mid Penn Bank 5751 Union Deposit Road Allentown Boulevard Harrisburg, PA 17112 5500 Allentown Boulevard Harrisburg, PA 17112 Principal Amount: $775,000.00 Initial Rate: 7.5000% Date of Agreement: September 6, 2005 DESCRIPTION OF EXISTING INDEBTEDNESS. A Note In the original amount of $550,000.00, dated July 16, 1998 together with any subsequent renewals and modifications. DESCRIPTION OF COLLATERAL. The loan is secured by an Open-End Mortgage dated July 16,1998. DESCRIPTION OF CHANGE IN TERMS. Bank shall take 5851 Union Deposit Road, Harrisburg, PA 17112 as additional collateral. PROMISE TO PAY. Zimmer Grove Homes, Inc. ("Borrower") Promises to pay to Mid Penn Bank ("Lender"), or order, In lawful money of the United States of America, on demand, the prlrkdpal amount of Seven Hundred Seventy-five Thousand b 00/100 Dollars ($775,000,00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning October 1, 2006, with all subsequent Interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this Agreement Is computed on a 3851380 simple interest basis; that is, by applying the ratio of the annual Interest rate over a year of 350 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Agreement Is subject to change from time to time based on changes in an index which Is Lender's Prime Rate (the 'Index"). This Is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each month, on the first business day of the month. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 11.500% per annum. The Interest rate to be applied to the unpaid principal balance of the Note will be at a rate of 1.000 percentage point over the Index, resulting in an Initial rate of 7.50096 per annum. NOTICE: Under no circumstances will the interest rate on the Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid In full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, Including any check or other payment Instrument that Indicates that the payment constitutes "payment In full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Allentown Boulevard, 5500 Allentown Boulevard, Harrisburg, PA 17112. LATE CHARGE If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 10.00096 of the regularly scheduled payment or $25.00, whichever is greater. If Lender demands payment of this loan, and Borrower does not pay the loan in full within 15 days after Lender's demand, Borrower also will be charged either 10,000% of the sum of the unpaid principal plus accrued unpaid Interest or $25,00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, Including failure to the Index. at its option, may, If permitted x under applicable law, Increase the variable interest rate on this Agreement to 6.000 percentage final points over maturity, permitted applicable law. If judgment will Is entered In connection with this Agreement, Interest will continue to accrue on this Agreement after judgment at the interest rate applicable to this Agreement at the time judgment Is entered, DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statemante. Any warranty, representation or statement made or furnished to lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents Is false or misleading In any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This Includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply If there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. CHANGE IN TERMS AGREEMEA Loan No: 166587 (Continued) Page 2 Change In Ownership. Any change In ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Changs. A material adverse change occurs In Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is Impaired. Insecurity. Lender In good faith believes itself Insecure. LENDER'S RIGHT'S. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and AN accrued unpaid Interest Immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Agreement I Borrower does not pay. Borrower will pay Lander that amount. This Includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lander and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lander or Bwower against the other. GOVE laws oR hie Commonwea h of Pennsylvania without regard tor Itslconflictts of law provisions. and, Agreement hasrbbeeeen accepted by Lendlaw, r the In ted by federal the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. COLLATERAL. Borrower acknowledges this Agreement Is secured by the following collateral described in the security instrument listed herein: an Open-End Mortgage dated September 6, 2005, to Lender on real property located in Dauphin County, Commonwealth of Pennsylvania. LINE OF CREDIT. This Agreement evidences a revolving tine of credit. Advances under this Agreement, as well as directions for payment from Borrower's accounts, may be requested orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed In writing. Borrower agrees to be liable for all sums either. (A) advanced in accordance with he instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Agreement or by Lender's Internal records, Including daily computer print-outs. Lender will have no obligation to advance funds under this Agreement It: (A) Borrower or any guarantor is in default under the terms of his Agreement or any agreement that Borrower or any guarantor has with Lender, Including any agreement made in connection with the signing of this Agreement; (B) Borrower or any guarantor ceases doing business or is Insolvent; (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Agreement or any other loan with Lender; (D) Borrower has applied funds provided pursuant to this Agreement for purposes other than those authorized by Lender, or (E) Lender in good faith believes itsed Insecure. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It Is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), Including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons below changes and provisi io ons of thist Athis greement or othe wise w lldnot nb ere eased by N. the representation waiver applies not onytto the any Initial iextennsion,mmodification or sents to the release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us lf we report any Inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(les) should be sent to us at the following address: Mid Penn Bank, Allentown Boulevard, 5500 Allentown Boulevard, Harrisburg, PA 17112. MISCELLANEOUS PROVISIONS. This Agreement Is payable on demand. The Inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Agreement on Its demand. Lander may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change In the terms of this Agreement, and unless otherwise expressly stated In writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or Impair, fail to realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed necessary by Lander without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of his Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE {.r ,HANGE IN TERMS AGREEMEN Loan No: 166587 (Continued) Page 3 OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ZIMMER GROVE HOMES, INC. Roger F81 stes for PM a x sr, Barb 0 F. Zimmer and Roger B. Zimmer and, Inc dent of Zimmer Grove Homes, . tM' tr ?M L,wh, V- 14004" ow. 1k.wd r-.w M?ww. pro. nn. X006. /w Mnn "rwa . w1 P. aMpKWaCn m3ump M.7 4 ° If you should have any questions or concerns regarding this commitment, please contact me. We sincerely appreciate the opportunity of extending this commitment to you and we look forward to establishing what we hope will become a mutually satisfying relationship. S.i:n. ore i. Rbbelil- arst senior Lending Officer ACCEPTANCE Intended to be legally bound, the undersigned hereby accept the above commitment and agree to the terms and conditions hereof. Date Zimmer-Grove Homes, Inc. Roge;:,,13 Z i r .. illiam R. eGUARANTORS I Dauphin Homes, Inc. RliJA am R. Gr e, Ind. Rog B. Z er, President p Q w r .? MID PENN BANK, Plaintiff VS. ZIMMER GROVE HOMES, INC., a Pennsylvania Corporation, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2008-01318 PRAECIPE TO RELEASE JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly release the above-captioned Judgment, but only with regard to that certain property more particularly described on Exhibit "A" attached hereto. Respectfully submitted, MID PENN BANK By:_,? Name: Title: ALL THOSE CERTAIN twenty (20) pieces, parcels or tracts of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, in which it is more fully bounded and described as follows, to wit: TRACT NO. 1 - Lot No. T-51: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. 10 and Lot No. T-51; thence extending along line of Lot No. 10. South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North fifty-four (54) degrees twenty (20) minutes zero (00) seconds West, forty and no one-hundredths (40.00) feet to a point at a corner of Lot No. T-52; thence extending along line of Lot No. T-52, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred and no one-hundredths (100.00) feet to a point on the western dedicated right of way line of Crooked Drive: thence extending along dedicated right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, forty and no one-hundredths (40.00) feet to a point, the point and place of BEGINNING. CONTAINING 4,000 square feet. BEING Lot No. T-51 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 2 - Lot No. T-52: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-51 and Lot No. T-52; thence extending along line of Lot No. T-51, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North fifty-four (54) degrees twenty (20) minutes zero (00) seconds West, twenty and no one-hundredths (20.00) feet to a point at a corner of Lot No. T-53; thence extending along line of Lot No. T-53, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred and no one- hundredths (100.00) feet to a point along the right ofway line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four (54) degrees twenty (20) minutes zero (00) seconds East, twenty and no one- hundredths (20.00) feet to a point, the point and place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot No. T-52 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO.3 - Lot No. T-53: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-52 and Lot No. T-53; thence extending along line of Lot No. T-52, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point alongline of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, twenty-four and no one-hundredths (24.00) feet to a point at a corner of Lot No. T-54: thence extending along line of Lot No. T-54, North thirty-five (35) degrees forty (40) minutes zero (00) secondsEast, one hundred and no one-hundredths (100.00) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, twenty-fourand no one- hundredths (24.00) feet to a point, the point and place of BEGINNING. CONTAINING 2,400 square feet. BEING Lot No. T-53 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 4- Lot No. T-54: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-53 and Lot No. T-54; thence extending along line of Lot No. T-53, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along lineof Westwood Village; thence extending along line of Westwood Village, North fifty-four (54) degrees twenty (20) minutes zero (00) seconds West, twenty-four and no one-hundredths (24.00) feet to a point at a corner of Lot No. T-55; thence extending along line of Lot No. T-55, North thirty-five (35) degreesforty (40) minutes zero (00) seconds East, one hundred and no one-hundredths (100.00) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, twenty-fourand no one- hundredths (24.00) feet to a point, the point and place of BEGINNING. CONTAINING 2,400 square feet. BEING Lot No. T-54 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 5 - Lot No. T-55: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-54 and Lot No. T-55; thence extending along line of Lot No. T-54, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet toa point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three (83) degrees forty (40) minutes zero (00) seconds West, twenty-two and ninety-four one-hundredths (22.94) feet to a point at a corner of Lot No. T-56; thence extending along line of Lot No. T-56, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, ninety- five and ten one-hundredths (95.10) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive the following three courses and distances: 1) on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of sixteen and fifty-six one-hundredths (16.56) feet, a chord bearing of North seventy-one (71) degrees three (03) minutes twenty-eight (28) seconds East, sixteen and fifty one- hundredths (16.50) feet; 2) on a line curving to the righthaving a radius of five and no one-hundredths (5.00) feet, an arc length of five and forty-six one-hundredths (5.46) feet, a chord bearing of South eighty-five (85) degrees thirty-five (35) minutes twenty-four(24) seconds East, five and nineteen one-hundredths (5.19) feet to a point; and 3) South fifty- four (54) degrees twenty (20) minutes one (01) second East, six and one one-hundredths (6.01) feet to a point, the point and place of BEGINNING. CONTAINING 2,013 square feet. BEING Lot No. T-55 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 6 - Lot No. T-56: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-55 and Lot No. T-56; thence extending along line of Lot No. T-55, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, ninety-five and ten one-hundredths (95.10) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three (83) degrees forty (40) minutes zero (00) seconds West, seventy-seven and thirty-eight one-hundredths (77.38) feet to a point at a corner of Lot No. T-57; thence extending along line of Lot No. T-57, North fifty-three (53) degrees fifty-nine (59) minutes twenty-eight (28) seconds East, one hundred twenty-two and fifteen one-hundredths (122.15) feet to a point along the right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive on a line curving to the left havinga radius of sixty and no one-hundredths (60.00) feet, an arc length of thirty-four and fifteen one-hundredths (34.15) feet, a chord bearing of South eighty-four (84) degrees forty-four (44) minutes four (04) seconds East, thirty-three and sixty-nine one- hundredths (33.69) feet to a point, the point and place of BEGINNING. CONTAINING 4,510 square feet. BEING Lot No. T-56 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 7 - Lot No. T-57: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-56 and Lot No. T-57; thence extending along line of Lot No. T-56, South fifty-three (53) degrees fifty-nine (59) minutes twenty-eight (28) seconds West, one hundred twenty-two and fifteen one-hundredths (122.15) feet to a point along line of Westwood Village; thence extendingalong line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, seventy-seven and thirty-eight one-hundredths (77.38) feet to a point at a corner of Lot No. T-58; thence extending along line of Lot No. T-58, North sixty-three (63) degrees fifty-five(55) minutes eight (08) seconds East, one hundred seventy-three and forty-two one-hundredths (173.42) feet to a point along right of way line of Crooked Drive; thence extending along right ofway line of Crooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of twenty-three and ninety-six one-hundredths (23.96) feet, a chord bearing of South Fifty-six (56) degrees fifty-nine (59) minutes thirty-one (31) seconds East, twenty-three and eighty one-hundredths (23.80) feet to a point, the point and place of BEGINNING. CONTAINING 4,953 square feet. BEING Lot No. T-57 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO.8 - Lot No. T-58: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-57 and Lot No. T-58; thence extending along line of Lot No. T-57, South sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds West, one hundred seventy-three and forty-two one-hundredths (173.42) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three (83) degrees forty (40) minutes zero (00) seconds West, thirty-seven and thirty-one one-hundredths (37.31) feet to a point at a corner of Lot No. T-59; thence extending along line of Lot No. T-59, North sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds East, two hundred one and forty-nine one-hundredths (201.49) feet to a point along right of way line of Crooked Drive; thence extending along right of way line ofCrooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of twenty and thirty-nine one-hundredths (20.39) feet, a chord bearing ofthirty-five (3 5) degrees forty-nine (49) m inutes zero (00) seconds East, twenty and twenty-n ine one-hundredths (20.29) feet to a point, the point and place of BEGINNING. CONTAINING 3,737 square feet. BEING Lot No. T-58 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO.9 - Lot No. T-59: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-58 and Lot No. T-59; thence extending along line of Lot No. T-58, South sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds West, two hundred one and forty-nine one-hundredths (201.49) feet to a point at a corner of Lot No. 129; thence extending along line of Lot No. 129, North twenty-six (26) degrees four (04) minutes fifty-two (52) seconds West, twenty and no one-hundredths (20.00) feet to a point at a corner of Lot No. T-60; thence extending along line of Lot No. T-60 the following two (2) courses and distances: 1) North sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds East, one hundred seventy-seven and seventy one-hundredths (177.70) feet to a point; and, 2) North seventy-seven (77) degrees twenty (20) minutes thirty-seven (37) seconds East twenty-six and fourteen one-hundredths (26.14) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of fourteen and six one-hundredths (14.06) feet, a chord bearing of South nineteen (19) degrees twenty-two (22) minutes eight (08) seconds East, fourteen and three one-hundredths (14.03) feet to a point, the point and place of BEGINNING. CONTAINING 3,970 square feet. BEING Lot No. T-59 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 10 - Lot No. T-60: BEGINNING at a point of the western right of way line of Crooked Drive at the dividing line of Lot No. T-59 and Lot No. T-60; thence extending along line of Lot No. T-59 the following two (2) courses and distances: 1) South seventy-seven (77) degrees twenty (20) minutes thirty-seven (37) seconds West, twenty-six and fourteen one-hundredths (26.14) feet to a point, and 2) South sixty-three(63) degrees fifty-five(55) minutes eight (08) seconds West, one hundred seventy-seven and seventy one-hundredths (177.70) feet to a point along line of Lot No. 129; thence extending along line of Lot No. 129 the following three (3) courses and distances: 1) North twenty-six (26) degrees four (04) minutes fifty-two(52) seconds West, a distance offorty-twoand fifty one-hundredths(42.50) feet to a point; 2) South eighty-eight (88) degrees fifty-two (52) minutes twenty-four(24) seconds West, one hundred sixteen and ninety-seven one-hundredths (116.97) feet to a point: and, 3) South sixty-two (62) degrees fifty-six (56) minutes forty-five (45) seconds West, sixty- eight and twenty-eight one-hundredths (68.28) feet to a point; thence South seventy-four (74) degrees forty-six (46) minutes eighteen (18) seconds West, one hundred twenty-nine and sixty-three one-hundredths (129.63) feet to a point; thence North nine (09) degrees nine (09) minutes twenty (20) seconds West, sixty-eight and fifty-three one-hundredths (68.53) feet to a point, a corner of Lot No. T-61 on said plan; thence extending along said Lot No. T-61 the following two (2) courses and distances: 1) North seventy-seven(77) degrees seventeen (17) minutes fifty-three(53) seconds East, a distance of three hundred seventy-eight and seventy-three one-hundredths (378.73) feet to a point; and, 2) South eighty- three (83) degrees eleven (I I) minutes four (04) seconds East, a distance of one hundred forty-eight and eight hundredths (148.08) feet to a point on Crooked Drive; thence on a line curving to the left having a radius of sixty (60) feet, with an arc distance of twenty and thirty-nine one-hundredths (20.39) feet, with a chord bearing of South two (02) degrees fifty- five (55) minutes fourteen (14) seconds East, a chord distance oftwenty and twenty-nine one-hundredths (20.29) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 33,517 square feet. BEING Lot No. T-60 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 11 - Lot No. T-61: BEGINNING at a point on the Western right of way line of Crooked Drive at the dividing line of Lot No. T-61 and Lot No. T-60; thence along line of Lot No. T-60 the following two (2) courses and distances: 1) North eighty-three (83) degrees eleven (11) minutes four (04) seconds West, a distance of one hundred forty-eight and eight one-hundredths (148.08) feet to a point, and 2) South seventy-seven (77) degrees seventeen (17) minutes fifty-three (53) seconds West, a distance of three hundred seventy-eight and seventy-three one-hundredths (378.73) feet to a point; thence North nine (09) degrees nine (09) minutestwenty (20) seconds West, a distance of sixty-eightand fifty-threeone-hundredths(68.53) feet to a point in line of Interstate 81 right of way; thence extending along said right of way the following two (2) courses and distances: 1) North seventy-seven (77) degrees seventeen (17) minutes fifty-three (53)seconds East, one hundred forty-one and two one-hundredths (141.02) feet to a point, and 2) North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, three hundred seven and seventy-five one-hundredths (307.75) feet to a point, a corner of Lot No. T-62; thence extending along said Lot No. T-62 the following two (2) courses and distances: 1) South forty-two (42) degrees ten (10) minutes fourteen (14) seconds East, one hundred nineteen and sixty-three one-hundredths (119.63) feet to a point; and, 2) South sixty-three (63) degrees forty-two (42) minutes forty-six (46) seconds East, twenty-one and seventy one-hundredths (21.70) feet to a point on the Western right of line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left, having a radius of sixty (60) feet, an arcdistance of twenty and thirty-nine one-hundredths (20.39) feet, with a chord bearing of South sixteen (16) degrees thirty-three (33) minutes five (05) seconds West, a chord distance oftwenty and twenty-nineone-hundredths (20.29) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 38,935 square feet. BEING Lot No. T-61 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 12 - Lot No. T-62: BEGINNING at a point on the Northerly right of way line of Crooked Drive at the dividing line of Lot No. T- 61 and Lot No. T-62: thence extending along Lot No. T-62 the following two (2) courses and distances: 1) North sixty- three (63) degrees forty-two (42) minutes forty-six (46) seconds West, a distance of twenty-one and seventy one- hundredths (21.70) feet; and, 2) North forty-two (42) degrees ten (10) minutesfourteen (14) seconds West, a distance of one hundred nineteen and sixty-three one-hundredths (119.63) feet to a point in line of Interstate 81 right of way; thence extending along said right ofway, North seventy-four(74) degrees zero (00) minutes forty-two(42) seconds East, a distance of twenty-two and twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-63; thence extending along said Lot No. T-63 the following two (2) courses and distances: 1) South forty-two (42) degrees ten (10) minutes fourteen (14) seconds East, a distance of one hundred six and forty-one one-hundredths (106.41) feet to a point; and, 2) South forty-nine (49) degrees twenty-one (21) minutes five (05) seconds East, a distance of twenty and no one- hundredths (20.00) feet to a point on the Northerly right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left with a radius of sixty (60) feet, an arc distance of fifteen and four one- hundredths (15.04) feet, a chord bearing of South thirty-three (33) degrees twenty-eight(28) minutes five (05) seconds West, a chord distance of fifteen and no one-hundredths (15.00) feetto a point, the first mentioned point and place of BEGINNING. CONTAINING 2,620 square feet. BEING Lot No. T-62 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 13 - Lot No. T-63: BEGINNING at a point on the Northern right of way line of Crooked Drive at the dividing line of Lot No. T-62 and Lot No. T-63; thence extending along Lot No. T-62 time following two (2) courses and distances: ])North forty-nine (49) degrees twenty-one (2 ]) minutes five (05) seconds West, a distance of twenty and no one-hundredths (20.00) feet; and, 2) North forty-two (42) degrees ten (10) minutes fourteen (14) seconds West, a distance of one hundred six and forty-one one-hundredths (106.41) feet to a point in line of Interstate 81 right of way; thence extending along said right of way, North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, a distance of twenty-two and twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-64; thence extending along said Lot No. T-64 the following two (2) courses and distances: ])South forty-two(42) degrees ten (10) minutes fourteen (14) seconds East, a distance of ninety-six and fifty-eightone-hundredths(96.58) feet to a point, and 2) South thirty-four(34) degrees fifty- nine (59) minutes twenty-three (23) seconds East, twenty and no one-hundredths (20.00) feet to a point set on the Northern right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of fifteen and four one-hundredths (15.04) feet, with a chord bearing of South forty-seven (47) degrees forty-nine (49) minutes forty-six (46) seconds West, a chord distance of fifteen and no one-hundredths (15.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,373 square feet. BEING Lot No. T-63 on time Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 14 - Lot No. T-64: BEGINNING at a point on the Northeastern right of way of Crooked Drive at the dividing line of Lot No. T-63 and Lot No. T-64; thence extending along said Lot No. T-63 the following two (2) courses and distances: 1) North thirty- tour (34) degrees fifty-nine (59) minutes twenty-three (23) seconds West, adistance of twenty and no one-hundredths (20.00) feet: and, 2) North forty-two (42) degrees ten (10) minutes fourteen (14) seconds West, a distance of ninety-six and fifty-eight one-hundredths (96.58) feet to a point in lineof Interstate 81 right of way; thence extending along said right of way North seventy-four(74) degrees zero (00) minutes forty-two (42) seconds East, twenty-twoand twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-65 on said plan; thence extending along said Lot No. T-65 the following two (2) courses and distances: 1) South forty-two (42) degrees ten (10) minutes fourteen (14) seconds East, ninety and thirteen one-hundredths (90.13) feet to a point; and 2) South twenty(20) degrees thirty-seven (37) minutes forty-two (42) seconds East, twenty-one and seventy one-hundredths (21.70) feet to a point set on the Northeastern right of way of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of fifteen and four one-hundredths (15.04) feet, with a chord bearing of South sixty-two (62) degrees eleven (11) minutes twenty-seven (27) seconds West, a chord distance of fifteen and no one- hundredths (15.00) feet to a point, the first mentioned point place of BEGINNING. CONTAINING 2,227 square feet. BEING Lot No. T-64 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 15 - Lot No. T-65: BEGINNING at a point on the Northeast right of way of Crooked Drive at the dividing line of Lot No. T-64 and Lot No. T-65; thence extending along said Lot No. T-64 the following two (2) courses auth distances; 1) North twenty (20) degrees thirty-seven (37) minutes forty-two (42) seconds West, twenty-one and seventy one-hundredths (21.70) feet; and, 2) North forty-two (42) degrees ten (10) minutes fourteen (14) seconds West, ninety and thirteen one- hundredths (90.13) feet to a point in line of Interstate 81 right of way; thence extending along said right of way, North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, a distance of eighty-eight and fifty one- hundredths (88.50) feet to a point, a corner of Lot No. T-66; thence extending along said Lot No. T-66 and through a four (4) foot wide access easement, South one (01) degree twenty-six (26) minutes twenty-five (25) seconds East, a distance of one hundred seven and sixty-nine one-hundredths (107.69) feet to a point on the Northeast right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of twenty and nine one-hundredths (20.09) feet, with a chord bearing South seventy-eight (78) degrees fifty-seven (57) minutes fifty-seven (57) seconds West, a chord distance of twenty and no one-hundredths (20.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 5,227 square feet. BEING Lot No. T-65 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91 Page 121. TRACT NO. 16: INTENTIONALLY OMITTED TRACT NO. 17 - Lot No. T-67: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-66 and Lot No. T-67; thence extending along said Lot No. T-66, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East one hundred thirty and thirty-five one-hundredths (130.35) feet to a point; thence extending South twenty-seven (27) degrees fifty-nine (59) minutes twenty-one (21) seconds East, twenty-two and thirty- two one-hundredths (22.32) feet to a point, a corner of Lot No. T-68; thence extending along said Lot No. T-68, South thirty-live (35) degrees forty (40) minutes zero (00) seconds West, a distance of one hundred seventeen and fifty-six one- hundredths (117.56) feet to a point set on the Northeast right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of twenty and thirty one-hundredths(20.30) feet, with a chord bearing ofNorth sixty-two(62) degrees thirty-three (33) minutes twenty- six (26) seconds West, a chord distance of twenty and twenty-one one-hundredths (20.21) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,468 square feet. BEING Lot No. T-67 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 18 - Lot No. T-68: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-67 and Lot No. T-68; thence extending from said beginning point and measured along Lot No. T-67, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, a distance of one hundred seventeen and fifty-six one- hundredths (117.56) feet to a point; thence extending South twenty-seven(27) degrees fifty-nine(59) minutes twenty-one (21) seconds East, a distance of twenty-five and seventy-eight one-hundredths (25.78) feet to a point, a corner of Lot No. T-69; thence extending along said Lot No. T-69, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, a distance of one hundred eleven and thirty-six one-hundredths (111.36) feet to a point on the Northeast right of way line of Crooked Drive; thence extending along said Crooked Drive on a line curving tothe left having a radius of sixty (60) feet with an arc distance of twenty-four and eighty-four one-hundredths (24.84) feet, with a chord bearing of North forty-one (41) degrees zero (00) minutes five (05) seconds West, a chord distance of twenty-fourand sixty-six one- hundredths (24.66) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,726 square feet. BEING Lot No. T-68 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 19 - Lot No. T-69: BEGINNING at a point at time Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-68 and Lot No. T-69; thence extending from said beginning point and measured along Lot No. T-68, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, a distance of one hundred eleven and thirty-six one- hundredths (111.36) feet to a point; thence extending the following two (2) courses and distances: 1) South twenty-seven (27) degrees fifty-nine (59) minutes twenty-one (21) seconds East, four and sixty one-hundredths (4.60) feet; and 2) North seventy (70) degrees thirty-two (32) minutes forty (40) seconds East, a distance of thirty-four and seventy-six one- hundredths (34.76) feet to a point, a corner of Lot No. T-70; thence extending along said Lot No. T-70, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West a distance of one hundred fifty-eight and twenty-eight one- hundredths (15 8.28) feet to a point on the Northeast right of way line of Cooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance ofthirty-one and ninety one-hundredths (31.90) feet, a chord bearing of North thirteen (13) degrees fifty-four (54) minutes thirty-two (32) seconds West, a chord distance of thirty-one and fifty-three one-hundredths (31.53) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 3,112 square feet. BEING Lot No. T-69 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 20 - Lot No. T-70: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-69 and Lot No. T-70; thence extending from said beginning point and measured along Lot No. T-69, North thirty-five (35) degrees (40) minutes zero (00) seconds East, a distance of one hundred fifty-eight and twenty-eightone- hundredths (158.28) feet to a point; thence extending North seventy (70) degrees thirty-two (32) minutes forty (40) seconds East, thirty-five and ninety-eight one-hundredths (35.98) feet to a point, a corner of Lot No. T-71; thence extending along said Lot No. T-71, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred ninety-five and eighty-two one-hundredths (195.82) feet to a point on the Northeast right of way line of Crooked Drive; thence along Crooked Drive the following three (3) courses and distances: ])North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, eleven and eighty-eight one-hundredths (11.88) feet to a point of curve; 2) on a line curving to the right having a radius of five (5) feet an arc distance of five and forty-six one-hundredths (5.46) feet, with a chord bearing of North twenty-three (23) degrees four (04) minutes thirty-six (36) seconds East, a chord distance of five and nineteen one-hundredths (5.19) feet toa point; and, 3) on a line curving to the left having a radius of sixty (60) feet an arc distance of seven and eighteen one-hundredths (7.18) feet, with a chord bearing of North four (04) degrees forty-five (45) minutes five (05) seconds West, a chord distance of seven and eighteen one-hundredths (7.18) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 3,604 square feet. BEING Lot No. T-70 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 21 - Lot No. T-71 BEGINNING at a point at the East dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-70 and Lot No. T-71; thence extending from said beginning point and measured along Lot No. T-70, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred ninety-fiveand eighty-two one-hundredths (195.82) feet to a point; thence extending North seventy (70) degrees thirty-two (32) minutes forty (40) seconds East, sixty-nine and ninety-five one-hundredths (69.95) feet to a point, a corner of Lot No. 14 Existing Phase II; thence extending along said Lot No. 14 Existing Phase II, South thirty-five(35) degrees forty (40) minutes zero (00) seconds West, two hundred fifty-three and twenty-one one-hundredths (253.21) feet to a point on the East dedicated right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive, North fifty-four(54) degrees nineteen (19) minutes fifty- five (55) seconds West, forty and no one-hundredths (40.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 8,981 square feet. BEING Lot No. T-71 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. 00 N 71-v. 0,'= 1.3 iP i Or JzJISMA4 has obtained a judgment in Cumberland County against Zimmer Grove Domes in the amount of $523,030.25 and filed 2127108 as Docket #2008-01318 which judgment by law binds all the Real Estate then of the said Zimmer Grove Homes situate in the said Cumberland County, Pennsylvania for the payment thereof: And Whereas, the said MID PENN BAND at the time of the obtaining of the said Judgment is seized and possessed of inter alia, SeeAttaehed h?&WrA Whereas, MID PENN BAND Now Know all Men by these Presents, that the said MIA PENN BANK at the request of the said Zimmer Grove Howes and for and in consideration of the sum of $0 in hand well and. truly paid by the said Zimmer Grove Homes is hereby acknowledged, both for itself and its successors, cov=mx4 promise and agree to and with the said Zimmer Grove Homes, heirs and assigns, by these presents, that it will not at any time or times hereafter sell or dispose of, attach or levy upon or claim or demand the aforesaid premises, with the appurtenances, or any part thereof; in or by virtue of the aforesaid Judgment, or claim any estate therein: SO THAT the said Zimmer Grove Homes, heirs and assigns, shall and may hold the same, free and clear of and from the Judgment aforesaid: Provided, however, that nothing herein contained shall invalidate the lien or security of the said Judgment upon the other estate of the said Zimmer Grove Homes. In winless whereof, the said MD PENN BANK bath hereunto caused to be affixed its common or corporate seal, duly attested, this r? day 0 2008. Signed, Sealed and Delivered In the Presence of MID PENN BANK By l7 CJ v; Fresxdent Attest: V'P 9Z1-3 E10/Z00d 1169-1 9001-EES-LIL A1172aH Aaus1aH-W0H3 9Z:11 80,-L0-L0 0 Fidelity National Title Insurancl#Q#+A (Continued) File No. 08-0277 LEGAL DESCRIPTION All that Certain piece or parcel or land situated in East Pennsboro Township, Cumberland County, Pennsylvania, in which it is more fully bounded and described as follow, to wit: BEGINNING at a point at the Northeast right of way line of Crooked Drive at the dividing line of Lot No. T-65 and Lot No. T-65 and Lot No. T-66; thence extending from said beginning point and measured along Lot No. T-65 and through a four (4) foot wide access easement, North on (01) degree twenty-six (26) minutes twenety-five (25) seconds West, a distance of one hundred seven and sixty-nine one-hundredths (107.69) feet to a point in line & Interstate 81 right of way;. Thence extending along said right of way, North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, a distance of eighty-six and seventy-three one-hundredths (86.73) feet to a point ; thence South tweny-seven (27) degrees fifty-nine (59) minutes twenty-one (21) seconds East, a distance of thirty-two and twenty-five one-hundredth (32.25) feet to a point, a corner of Lot No. T-67 on said plan; thence extending along said Lot No. T-67, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West , a distance of one hundred thirty and thirty-five one-hundredths (130.35) feet to a point set on the Northeast right of way line of Crooked Drive; thence extending along said Crooked Drive on line curving to the left, having a radius of sixty (60) feet, an arc distance of twenty and nine one-hundredths (20.09) feet, with a chord bearing of North eighty-one (81) degrees fifty (50) minutes forty-six (46) seconds West, a chord distance of twenty and no one- hundredths (20.00) feet to a point, the first mentioned point and place of Beginning. CONTAINING 7.809 square feet. BEING Lot No. T-66 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. ALTA Commitment Schedule A (Continued) ?. 4 v A? V r I 4 `'l