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HomeMy WebLinkAbout08-1319Ltl- Ia19 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. 12210 ivy l lem Pursuant to Pa. R.C.P. 3002, kindly enter judgment against the Defendant in the amount of $23,394.38 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 & CALHOON P.C. _ Date: SeW y'Schiffm? , uire Merritt C. Reitzel, E u'e Pa. I.D. Nos. 25488qE 2069 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 (717) 540-9170 Counsel for Plaintiff In The (Court of Common Pfen of ;Baupbin tECountp, 30enngtbania Mid Penn Bank VS. No. 2007-CV-12210-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 Mid Penn Bank and against Zimmer Grove Homes, Inc. on November 14, 2007 in said case in the amount of $23,394.38. In Teotintonp Vhereof, I have hereunto set my hand and axed the seal of the Court, on Friday, February 08, 2008. ,on An /17 Proth notary By: Depu JUDGMENT $23,394.38 Interest from 3-01-04 Attorney Due $3.00 Plaintiff Paid $33.00 Prothy. Due $10.00 This record $20.00 L r #- Date:. 2 612ti08 Time: 11:20 AM Page 1 of 2 Dauphin County Complete Case History Case: 2007-CV-12210-NT Mid Penn Bankvs.Zimmer Grove Homes Inc Filed: 11/14/2007 Subtype: Notes Comment: Physical File: Y Appealed: N Status History Pending 11/14/2007 Pending / Judgment 11/14/2007 Judge History Date Judge Reason for Removal 11/14/2007 No Judge, Current Payments Receipt Date Type Schiffman, Steven Jay (attorney 145891 11/14/2007 Civil Filing Serratelli Schiffman Brown & Ca 152763 2/8/2008 Miscellaneous Exemplified Record 20.00 Total Miscellaneous Receipts Receipt Date 152763 2/812008 Exemplified Record Plaintiff Name: Mid Penn Bank Address: Phone: Home: Work: Employer: Litigant Type: Comment: Attorneys Reitzel, Merritt C Defendant 20.00 Sum SSN: DOB: Sex: Send notices: Y (Primary attorney) 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. SSN: DOB: Sex: Send notices: Y (Primary attorney) Send Notices No Judge, User: KWEBB Amount 33.00 20.00 53.00 20.00 Date;, 218/"8. Dauphin County User: KWEBB Time: 11:21 AM Complete Case History Page 2 of 2 Case: 2007-CV-12210-NT Mid Penn Bankvs.Zimmer Grove H omes Inc Register of Act ions 11/14/2007 Filing: Complaint with Confession of No Judge, Judgment Paid by: Schiffman, Steven Jay (attorney for Mid Penn Bank) Receipt number: 0145891 Dated: 11/14/2007 Amount: $33.00 (Check) On Complaint filed Judgment in No Judge, favor of Plaintiff and against Defendant in the sum of Twenty-Three Thousand Three Hundred Ninty-Four and 38/100 Dollars ($23,394.38) by virtue of authority contained in the Warrant of Attorney filed dated 3-01-04 payable on demand 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. Plaintiff: Mid Penn Bank Attorney of No Judge, Record: Merritt C Reitzel Defendant: Zimmer Grove Homes Inc No Judge, Attorney of Record: Merritt C Reitzel 1/25/2008 Certificate of Service of the Confession of No Judge, 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 Judgment 11/14/2007 Plaintiff 11/14/2007 Open Judgment Comment: 23394.-38 Plaintiff: Mid Penn Bank Defendant: Zimmer c?Grove Homes Inc F- rua.rv? 81 Roos I hereby ce fy that the foregoing is a true and correct copy of the original filed. Prothbnotary/Clerk of Courts Pr 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 Cr ; - C? C -tj-.. O Ca r-s C4 1V C° P(AQ_C? aB dom. rm ?C MID PENN BANK, Plaintiff vs. ZIMMER GROVE HOMES, INC. Defendants T0: Zimmer Grove Homes, Inc. Roger B. Zimmer, President William R. Grove, Vice President 5751 Union Deposit Road Harrisburg, PA 17111 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. ol V I as 1 o N j : CIVIL ACTION-LAW NOTICE 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 2W7 Prothonotary If you have any questions concerning this notice, please contact plaintiffs counsel at the address and phone number above. 2008 111 Obicertify that the foregoing Is a true and correct copy of the original filed. ? . -i- Q?rara? Prothon tary Steven J. Schiffman, Esq. b o Merritt C. Reitzel, Esq. x SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 1 2080 Linglestown Road, Suite 20 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 N MID PENN BANK, Plaintiff vs. ZIMMER GROVE HOMES, INC, Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA No. ;(0 0_7 CV l a1a? ,v I : 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 $23,394,38 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 HARRISBURGo PA ITI01 TELEPHONE (TIT) T80-6624 Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. C= SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 m (717) 540-9170 ? PA I D Nos. 25488 & 92069 c : MID PENN RANK, IN THE COURT OF COMMON PLEAS"` N ` Plaintiff DAUPHIN COUNTY, PENNSYLVANIA VS. : No. aba-7 C V I (? o16 A.)_` ZIMMER GROVE HOMES, INC, Defendant : CIVIL ACTION-LAW NOTICE PURSUANT TO 42 Pa.C.S. 62737.1 Please take notice that the Plaintiff in this matter has entered judgment by confession against you in the amount of $23,394.38. 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. K you were incorrectly identified and judgment was entered against you In error you may be entitled to collect cost and reasonable attomey's fees as determined by the court. By: mey for id nn 5n? Rule 2958. 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 (i) 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(c)(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. C: -0 2 r, c: M\. N 4 rs) 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, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA vs. No. a%^ J CV I ? o_?ltd /v f ZIMMER GROVE HOMES, INC, Defendant CIVIL ACTION-LAW CONFESSION OF JUDGMENT FOR MONEY Pursuant to the authority contained in the warrant of attorney, a 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 defendant as follows: Note Number: 500039623 Date of Note: 3/1/2004 Principal Balance: $20,058.00 Interest to 11/13/07: $1,141.44 Late Fees: $75.00 Attorneys' Fees: $2,119.94 (10% of principal balance and interest, as authorized ;r.; by the warrant of attomey) Total $23,394.38 plus additional accrued interest, attorneys' fees, and costs of suit (Interest will continue to accrue as authorized by the Note) Respectfully submitted, Date: M j ,a )07 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Steven .Sbhiffman, Esq. Merritt . Reitzel, Esq. Coun I for Defendants rp if tj ':k ' • :L ?r I r A C-3 C" : ? - r ry N Steven J. Schiffman, Esq. Merritt C. Reitzei, Esq. SERRATELU, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Unglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92089 MID PENN BANK, vs. IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA ZIMMER GROVE HOMES, INC, Defendant No. 000`7 CV : CIVIL ACTION-LAW laaz() ,U--I' COMPLAINT IN CONFESSION QF JUDGMENT FOR MONEY 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. 2. Defendant Is a Pennsylvania corporation with its primary place of business located at 5751 Union Deposit Road, Harrisburg, PA, 17111. . 7 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 March 1, 2004, plaintiff issued defendant a line of credit in the amount of $73,441.50. 6. To evidence its indebtedness under the $73,441.50 loan, defendant contemporaneously made, executed, and delivered to plaintiff the Note of March 1, 2004, a true and correct copy of which is attached as Exhibit A, which authorizes judgment by confession. 7. The parties executed a change in terms agreement dated January 5, 2005 with regard to the Note of 3/1104, a copy of which is attached hereto as Exhibit B. 8. The judgment sought herein is not against a natural person in connection with a consumer credit transaction. 9. The attached instrument has not been assigned. 10. Judgment has not been entered in any jurisdiction on the attached instrument authorizing confession. 11. Contrary to the terms and provisions of the written instrument, defendant failed to make payments when due under the terms of the Note in question. 12. Defendant's failure to make payments when due constitutes a default under the terms of the Note. 13. Under the terms of the Note, defendant is liable for attorneys' fees equal to 10% of the outstanding principal balance and interest. 14. As the result of its default, defendant is liable to plaintiff as follows: Note Number: 500039623 Date of Note: 311/2004 Principal Balance: $20,058.00 Interest to 11/13/07: $1,141.44 Late Fees: $75.00 Attorneys' Fees: $2,119.94 (10% of principal balance and interest, as authorized by the warrant of attorney) Total $23,394.38 plus additional accrued Interest, attorneys' fees, and costs of suit (Interest will continue to accrue as authorized by the Note) WHEREFORE, plaintiff demands judgment by confession in the amount of $23,394.38, plus additional interest, attorneys' fees, and costs, as authorized by the warrant of attorney appearing in the attached instrument. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. S even chiffman, Esq. Merri J. Reitzel, Esq. Counsel for Defendants Date: November, 2007 VERIFICATION I, Robert McDonald, do hereby state, under penalty of 18 P.S. § 4904 relating to unsworn 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: (5A- Robert McDonald DATE: November 13 , 2007 Authorized Representative (. Steven J. Schlffman, Esq. Merritt C. Reitzei, 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, : IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA VS. No. a66 -7 C V ZIMMER GROVE HOMES, INC., Defendant : CIVIL ACTION-LAW CERTIFICATION I hereby certify the precise last known addresses of the parties are as follows: Plalntlff: Mid Penn Bank 349 Union Street Millersburg, Pennsylvania, 17061 Sworn to and subscribed befo a me this day of W , Zhj)3. U. L Lt'?N? Notary Public Defendant: Zimmer Grove Homes, Inc. 5751 Union Deposit Road Harrisburg, PA, 17111 BY: A e C. Reitzel, Esq. i H of 1JALUA NftM SW &wm*wm TV*. Dwo* CCU* MyC=*WM Domes %*ft:K =1 IPanrnOVONG Assodeffm of Notades ?ROMISSORY NOTE Principal Amount: $73,441.50 Initial Rate: 5.000% Date of Note: March 1, 2004 PROMISE TO PAY. Zimmer Grove Homes, Inc. ("Borrower") promises to pay to Mid Penn Bank ("Lender"), or order, In lawful money of the United Stales of America, the principal amount of Seventy-three Thousand Four Hundred Forty-one & 501100 Dollars ($73,441.50) 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 on demand. Payment In full Is due Immediately upon Lender's demand. If no demand Is made, Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid interest on March 1, 2005. In addition, Borrower will pay regular monthly payments of all accred unpaid Interest due as of each payment date, beginning April 1, 2004, 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. The annual Interest rate for this Note is computed on a 365=0 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 tender 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 Note is subject to change from time to time based on changes In an independent Index which is the the Prime Rate as quoted In the Wag Street Journal (the "Index"). The Index Is not necessarily the lowest rate charged by Lender on Its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notice to Borrower. 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 day of the month. Borrower understands that Lender may make loans based on other rates as wen. The Index currently Is 4.000% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting In an Initial rate of 5.0009E per annum. NOTICE: Under no circumstances will the Interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, 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 fug", "without recourse", or similar language. If Borrower sands such a payment, Lenddr may accept It without losing any of Lender's rights under this Note, 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, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, Lender, at its option, may, it permitted under applicable law, Increase the variable Interest rate on this Note to 6.000 percentage points over the index. The Interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, Interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment Is entered. DEFAULT. Each of the following shag constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained In this Note 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. Default In Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note 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 loan. 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 of any of the indebtedness or any Guarantor 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 Ownership. Any change In ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or Borrower: Zimmer Grove Homes, inc. (TIN: 23-2951187) Lender: Mid Penn Bank 5751 Union Deposit Road Derry Street Office Harrisburg, PA 17112 4098 Derry Street Harrisburg, PA 17111 (717) 558-2144 PROMISSORY NOTE (Continued) Page 2 performance of this Note Is impaired. Insecurity. Lander in good faith believes itself Insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all 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 Note If Borrower does not pay. Borrower will pay Lender 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 prohiblted 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 trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. 11 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 taw, 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 Note is secured by the following collateral described In the security instrument listed herein, all the terms and conditions of which are hereby Incorporated and made a part of this Note: a Mortgage dated March 1, 2004, to Lender on real property located In Dauphin County, Commonwealth of Pennsylvania. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Advances under this Note, 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 the Instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Note If: (A) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, Including any agreement made in connection with the signing of this Note; (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 Note or any other loan with Lender; (D) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender; or (E) Lender in good faith believes itself insecure. INCORPORATION OF COMMITMENT LETTER. The terms and conditions of a Commitment Letter dated March 1, 2004, between Lender, Borrower, and Guarantors, together with any modifications and amendments, are hereby Incorporated Into this Agreement as If the Commitment Lefler were restated herein In its entirety. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall Inure to the benefit of Lender and Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if 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, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111 GENERAL PROVISIONS. This Note 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 Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Nola without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, 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 Lender without the consent of or notice to anyone. AN such parlies also agree that Lander 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 Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. 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 (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 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 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 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. PROMISSORY NOTE (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. 1ORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ZIMMER GROVE HOMES, INC. 81+;:.;;:z>• ?• :;.•? ,:..: ,; .. •.. ..'. • . ?.,`=; .` Seat) 115ger comer dent 0f immer Grove Home nc. LASER PRO WWl"S Wr. 543.10AS1 CHr. "s""d TbuncMl S.I.d o1, Inc. 1947, 0004, AM RISAIC Rucrvcd - PA LAC?RLPL1094fC TR-2M PR-4 4- CL. AGE IN TERMS AGREEMEI. References in the shaded area are for Lender'9 use only and do not limit the applicability, of this document to any particular loan or item. Any Item above conlalning " has been omitted due to text length limitations. Borrower: Zimmer Grove Homes, Inc. (TIN: 23.2951187) Lender: Mid Penn Bank 5751 Union Deposit Road Derry Street Office Harrisburg, PA 17112 4098 Derry Street Harrisburg, PA 17111 (717) 558-2144 Principal Amount: $73,441.50 Initial Rate: 6.250% Date of Agreement: January 5, 2005 DESCRIPTION OF EXISTING INDEBTEDNESS. A Note in the original amount of $73, 441.50, dated March 1, 2004, together with any subsequent renewals and modifications. DESCRIPTION OF COLLATERAL The ban Is secured by Mortgage dated January 5, 2005. DESCRIPTION OF CHANGE IN TERMS. Release mortgage due to property being sold and to record new mortgage. 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 principal amount of Seventy-three Thousand Four Hundred Forty-one & 50V100 Dollars ($73,441.50) 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 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 date, beginning February 1, 2005, 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 coltectlon costs; and then to any late charges. Interest on this Agreement Is computed on a 3551360 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 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 Independent index which is the the Prime Rate as quoted in the Wall Street Journal (itw "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notice to Borrower. 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 day of the month. Borrower understands that Lender may make loans based on other rates as well. The index currently is 5.250% 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 6.250% 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 sands 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 fuil" of the amount owed or that Is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be marled or delivered to, Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111. LATE CHARGE. If a regularly scheduled interest payment Is 15 days or more late, Borrower will be charged 10.000% 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 lug 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 pay upon final maturity, Lender, at Its option, may, If permitted under applicable law, increase the variable interest rate on this Agreement to 8.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If 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 fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fads 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 tens, obligation, covenant or condition contained in 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 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 govemmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borowees accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply N 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 forfelture proceeding. In an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. C.-9. Aff-tinn rll,OrAnteir. ARV mf the orecedino events occurs with respect to any guarantor, endorser, surety, or accomrtxxtation'party of any * „ 0 CHANGE IN TERMS AGREEME Loan No: LTC #338 (Continued) page 2 of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. Change In Ownership. Any change In ownership of twenty-five percent (25%) or more of the common stock of Borrower, Adverse Change. 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 RIGHTS. Upon Lender's demand, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and all 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 If Borrower does not pay. Borrower will pay Lender 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. Lender and Borrower hereby waive the right to any jury trial 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 the taws of the Commonwealth of Pennsylvania. This Agreement has been accepted 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 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 colds 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, all the terms and conditions of which are hereby incorporated and made a part of this Agreement: a Mortgage dated January 5, 2005, to Lender on real property located in Dauphin County, Commonwealth of Pennsylvania. LINE OF CREDIT. This Agreement evidences a revolving line of credit. Advances under this Agreement, as well as directions for payment from Borrowers 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 the instructions of an authorized person or (B) credited to any of Borrowers accounts with Lender. The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Agreement or by tenders internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Agreement if: (A) Borrower or any guarantor Is in default under the terms of this 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 guarantors 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 itself 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 ful force and effect. Consent by Lender to this Agreement does not waive Lenders 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 obligatlon(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 wrlting. 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 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 ft. This waiver applies not only to any Initial extension, modification or release, but also to all such subsequent actions. DEMAND LOAN MATURITY AND ANNUAL REVIEW. This loan renewal is written on demand with no specific maturity date. This loan Is subject to an annual review by Lender of financial information and loan performance. The first annual review Is scheduled for July 1, 2005. To facilitate the annual review process, Lender may use a maturity date on Its computer system or systems which may appear on billing statements or other mailings and notices to Borrower. The presence of a maturity date on billing statements or other mailings and notices shall not be considered a waiver of Lenders right to demand full repayment of the ban at any time. . LETTER OF CREDIT. This Agreement backing Letter of Credit #338, shall be payable on demand if drawn. SUCCESSOR INTERESTS. The temps 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 If we report any Inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing ft specific inaccuracy(fes) should be sent to us at the following address: Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111 MISCELLANEOUS PROVISIONS. Lender 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 ban 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 this 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 OEFAULT 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 ?. M ...MANGE IN TERMS AGREEMENT Loan No: LTC #338 (Continued) Page 3 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 OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWERS 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. g ? `A ? Seal) o , res ent o Zimmer Grove H es, LAW FM LWAs w. 4.WOMI CW. H"W Aft-W MA". Ms. INI- M AM NW. Mw.+L • PA OC"AA M MFO Tn•9W MI w _ -r D - `r MID PENN BANK, Plaintiff VS. ZIMMER GROVE HOMES, INC., a Pennsylvania Corporation Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2008-01319 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 ANK By: ame: G?me 44 919- Title: jYJ1y1y7 ?i ?? aia AAt. ALL THOSE CERTAIN twenty (20) pieces, parcels or tracts of land situated in East Pennsboro Townshia, 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 lineof 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 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 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(] 00.00) 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 BEG INNING. 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(] 00.00) 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 ofthirty-fourand 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 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-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 sixtyand 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-threeand forty -two one-h un dredths (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(35) degrees forty-nine(49) minutes zero (00) seconds East, twenty and twenty-nineone-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. '17-60 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) feetto a point; 2) South eighty-eight (88) degrees fifty-two(52) minutes twenty-four(24) seconds West, one hundred sixteen and ninety-sevenone-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(] 7) minutes fifty-three (53) seconds East, ad istan ce of three hundred seventy-eight and seventy-three one-hundredths (3 7 8.73) feet to a point; and, 2) South eighty- three (83) degrees eleven (11) minutes four (04) seconds East, a distance of one hundred forty-eightand 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. "r-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: ])North eighty-three (83) degrees eleven (I I) 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 ofsixty-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: I) 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(] 19.63) 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 oftwentyand twenty-nineone-hundredths(20.29) feetto 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 (21) 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-two and 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-sixone- 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 radiusof sixty (60) feet, an arc distance of twenty and thirty one-hundredths (20.30) feet, with a chord bearing of North 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-sixone- hundredths (I 17.56) feet to a point; thence extending South twenty-seven(27) degrees fifty-nine(59) minutes twenty-one (2 ]) seconds East, a distance of twenty-fiveand 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-fourand 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 -four and 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 ofthirty-fourand 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 (158.28) 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 of thirty-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-fiveand eighty-twoone-hundredths(195.82) feet to a point on the Northeast right of way line of Crooked Drive; thence along Crooked Drive the followingthree (3) courses and distances: 1) 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-h undredths(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 Il, 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. ?O ? '"? .r- O ''b ?? ? G . , p V' rn :--_, r--, L ? -? a.. ? 3 ' ? c_`i . ? c..a } 1 ?r? ;1 pF -13 / 9 c -4? c,-Q eUAse, 0-uJq.,r? -L,. Whereas, NM PENN BANK has obtained a judgment in Cumberland County against Zimmer Grove Homes in the amount of $23,394.38 and filed 02/27/2008 as Docket #2008-01319 which judgment by law binds all the !teal 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 BANK, at the time of the obtaining of the said Judgment is seized and possessed of inter alia, See AttachedZ-dibitA Now Know aU Men by these Presents, that the said MD P1rNN BANK at the request of the said Zimmer Grove Homes 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, covenant, promise and ag= 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 samo,, free and clear of and from the Judgment aforesaid: Provided, however, that nothing herein contained shall invalidate the lien or sccurity of the said Judgment upon the other estate of the said Zimmer Grove Homes. In WitUeSS whereof, ft said MID PENN p?BANK haLh heir , nto caused to be affixed its c=roon or corporate seal, duly attested, this )18"" -D day of 2008. Signed, Sealed and Delivered In the Presence of: MD PENN BANK By ct President A beft"ary V 931-d E10/Md 1x69-1 SOOT-EES-LTL AiTeaH AauslaH-WWd SZ:TT 80,-L0-L0 Fidelity TM File No. 08-0277 National Title InsurancistUJQJW A (Continued) 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 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-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) .c; ? W ?. G z I 1 O' py ? V r?p J r} T?f s ,_} i