Loading...
HomeMy WebLinkAbout02-14-08 In the matter of : JOSEPH PAK BElL IN THE ORPHANS' COURT of CUMBERLAND COUNTY, PA IB FIB 14 Pi) 3: 50 Estate No. 'IT NOTICE of CLAIM of PRAMCO III, LLC TO THE CLERK OF THE ORPHANS' COURT: PRAMCO III, LLC, a creditor of the above-named decedent, hereby presents the following claim against the Estate of Joseph Pak Beil, deceased, to the Executor thereof for approval, as follows: 1. On March 6,2003, Allfirst Bank ("Allfirst") extended a term loan to the decedent in the original principal amount of $45,000.00(the "Term Loan"). 2. To evidence the Term Loan, the decedent made, executed and delivered to Allfirst a Term Small Commercial Promissory Note (the "Term Note"), of even date and in like amount. 3. A true and correct copy of the Term Note is attached hereto, made a part hereof, and marked Exhibit "A". 4. Allfirst was merged with, and into, Manufacturers and Traders Trust Company (hereinafter "M&T") effective April 1, 2003. 5. M&T thus succeeded to the interest of Allfirst in the Term Loan. 6. On October 27,2005, M&T, as successor by merger to the Lender, sold and assigned the Term Loan to the Plaintiff. 7. A true and correct copy of a Lost Note Affidavit, containing the assignment to the Plaintiff at Paragraph 5 thereof, is attached hereto as Exhibit "B". 8. The Loan has not been further assigned, and the Plaintiff is the current holder thereof. [lJ'7) 9. As of February 6, 2008, the amount due under the terms of the Note (which matures on March 10, 2008) is as follows: Principal Balance Interest to February 6, 2008 Accrued Late Charges TOTAL $ 33,809.89 7,978.22 1.242.92 $ 43,031.03 10. No payments have been made, nor do offsets of any type exist, that have not been B/~ 'fER & STEIN, P.C. credited. ...... Date : February 11, 2008 . !] ~lInrst D <<.\ I, C" 08LGR# (1:.. q +0155' l \ .:::, DOCTYPE'B,.e.:"l...., -:S-u~<i'e\A. \;', OBLGT# q DO ')., COMMENT $ '*5 bDD :.:,- DA TE (; 31 o1.o! :;;"003 (State) --'"I c< J l_."--.1 I I rl]:RIVI SMALL COMMERCIAL PROMISSORY NOTE 45,000.OU Yorl{, Pennsylvania (City) FA. r" , ~k'.Q.3 FOR VALUE RECEIVED, the undersigned ("Borrower") promises to pllY to the oruer of Alllirsl Ualll<j a Maryland state.chartercd COllllllcr(iallMllk ("Bank"), ,ll13nnk's of{il:CS at (JZJ N. George Street, York, PClllls)'lvolni<l [7~O~ or at sllch other pl"t;t: as Bunk may froln lime to time de$ignatc~ lhe principal SLim of Forly Five Thow:iflfld lIllO 0011 00 Dollars (,$45,000.00), or such other ilmOUI1( ,1S muy be udvanccd from tlJTI\: to time (Q Borrower, together with Inlerest thereon at the rate or rilles herenfter specitied :lnd ;lilY nncll.lll other sums which nwy be owing .0 Bank by Borrower pursuant to this Promissory Note. The following terms shall apply to this Promissory Note I. INTEHEST Froln the dole hereof ulltll all SlIlnS due ht;rt:ul1dcr, inclllJing principal, interest, chargcs, kes and expenses 8re paid in f1.l11, the principt:ll am01.lnt outstanding from time to l!n\t: pursllUllt to thIS Promissory Note shull bea.r Interest as follows. Fhcu Hnlc. At the tixed per nnnum rate elf (,.74(lOOlYII 2, CALCUL:\TION OF INTEREST. Interest shall be t::.llc:ulaltJ un the basis Of.,llllft;t: hundred sixty (JliU) Jays pt:r ycar factor <.lpplid to the ,1ctunJ d[IYs on which tllere exim::ln unpaid balllnc.:: hereunder ). HEP..\ YI\I\i:NT. Borrower shall nl<lke pllymen!s ufprlllClpJI and Interest us follows. Priucijlal Aut! ] ulerc...I: Borrower shall make payments of prll1cipal and interest mOlllhly, such p,lYI1lt:ntin the amount of $887.8J,. on the 10lh day of eDch IIlOHth beginning on Ap,ril IO~ 2~O), and continuing until (VI;lfCh 10, 2008, which is the final absolute due date of thIS Promissojr' Note, at which time all sums due hereunder, Including prmc1paJ, interest, charges, fees Jnd expenses shall be paid in full ./ All ,1mOtlnts ,)w~d to Bank hereunder shall be payable ill immc.diat.ely available funds by preauthoriu:d debit of Account number Borrower agrees to malntilln a ba!zlIlce III the ,\bove.descnbed account which is alleast equul to the payment amount on each payment due date. 4, PHEPA ~'l"dENT. Borrower may prepay Ihis ProulISSOry Note In whole or in pan (J,t any time or from time to [i.me without premi~lm or additional interest. Any prepayment ~f the p,rllKlral bnl~\n~~ of tlliS Proml~sory Note <;h<.lJI be applied to the out~tanding prllicipnJ _balance of this Proml,sso.ry ~ote ~n tIle Inverse order of ~ched(lk~ n:(Jtu_r~{ies :.'I. LA,. E PA YI\H.,N I CHARGE- It any paymenl due hereunder (Indudlng any payment In whole or 1f1 pille 01 pl'll1Clpal) \$ not received by :ne flolder wlthltl tlheen (15) cJJendaf d~ys utter Its due date, Borrower shall pay a late payment charge eClllal to ~ve percent (5%) ortlle 1l1l}ount then due. 6. APPLICATION OF PA YMENTS. All payments made pursuant to tIltS Promissory Note shall be appiled first to accrued and unpaid interest, then to unpaid expenses and charges payable hereunder, and then to pnncipa), or in such other order or proportion as the holder, ill the holder's sole and absolute discretion, may elect from time to tIme 7, SECURITY. Sums due under chis Promissory Note are secu~ed by, and Borro~er pledges and grants to Bank a security interest in, all deposit acco~nts and depOSits ~r property of BorrO\ver now or at any lIme hereafter In tile possession oFor on depOSit WIth Bank whether as ctlslodl3l1 or depository or In any other capaclty_ In addItion, thiS Promissory Note IS secured by ;lny property described as collntc~(J1 In ally secunty aweement, f!1ortgage, deed of trust, pledge agreement or ot~er, documenl previously, slmultrlneously, or hereafter entered Into by Borrower In connection With any obligi.ltlOn or Ilabliity of Borro\.ver to Bank or any corporate aftiJiilte of Bank, under or In connection with thiS Promissory Note, ilnd aJI renewals, rctinuncmgs, extensions, substitutions, nmendments and modifications thereoF. such other security documenl(s) inCluding but not limited to the following Security Agrt~mtnt(s) This, Promissory Note specl fically incorporates by reft:rence, as if ~Ily set lort~ he.rein, all of the langllilge and. provisiolls of tilt: security documents described generally or speclficJllY:.lbovt. Bank shall have [he right to sct-otland apply against the obltgatlons of Borrower to Bank eVidenced by thIS Promissory Note any sums ot"Sorrower at .:lny time on depOSit with Bank whether slIch deposits ::Ire speciJ!, lime, savings, passbook or demand, provisional or tin31, a.nd Borrower hereby pledges :.lnd grants to BJnk a SeClJrlty interest m all such deposits. 8. CONFESSION OF JlIDGr\lENT. Borrower irrevocably ant.! uHcolH.litionally authorizes illld empower.s :lilY attorney lHJmiltct.! to pr.acticc before llllY court of record in Ihe United Stlltes to appear on behalf of Borrower in an}' courl in one or mOfe: proceedillP, or before any c1e:rk thcre:of or prothonol:uy or other court oflicial, :lIld to appear for, confess ;llLd cnter judgmcllt against llorni''ryer at any time upon aud after the occurrence of :IIlY defaull herculluer, with ,IYCrrnl.'lIt of ddaull, with ur wilhout ~omplaillt filed, and without prior nlHice to or opporlullity of Borrow~r for prior he:lring, in fa....or of Balik ill the full :Imount of Ih~ illdcbtcducss cvidenced by this PnJlllissory Nole (incluu;ng prillcip:lI, accrued interest :llld any and :I11l'har~cs, fees and cxpenses) plus court costs, plus attorneys' fees cqu;d 10 fiftecn perccnl (15%) of the uJlpaid hal:lncc of priut:lpal, interest, charges, iHld olher sums Jlle or which m.ay become due: hcreunder, wilh rclcase of all errors llUU wilhout rigll! of :lppcal. In :ldllilioll to :ill other courts ill which judgment Olay bc confessed ag,linst BOlTowcr UpOl! this Pr<llllissory Note, Borrower ngrccs IhOlt venue jnd judsdiclion shjll he proper ill the courts of allY county or city of the COllllllonwe;llth of Pellllsylv:lui:l or ill the United Slates District Court for the i\lidd!e District of Pennsylvania. Borrower waivcs Ihe ucndit of any and evcry statute, ordinallce, or rule of COllrt, whelhcr now in force or hereinafter cn:lcled, which nUl)' he lawfully waiveu couftrring up~n Borrowcr an)" right or privilq,:e of CHOlplioJl, homestcad righfS,}ppr:liscmelll, SillY of exccufioll Ot. supplemcntary proce~uillgs, or olher relief frolll the cnlol.ccllIcnt ur immediate cnforcemcnt of a judglllCllt or rel:llcd prou:edings OlL a judgment. (To Ihe c-Xtenl prohibited by llPplicablc law, :l,llY jlfdgmcl1t obtained by conrc~siull :ihallllot cOllstilutc a lien on :IllY real property locuted ill PeJlII~ylv"nia which is the re:ii(!ellee of any Borruwer.) Thc authoflty aud power to a(Jpear for ,IIlU cnter judgment against Borrower shall not be exhausted by one or more exercises thereof, or by :lny illlj)crfecl c.\creise thereof, and sh:lllllot hc cxtinguished by :IllY judgment entercu pursu:lI1t therelo; such aulhoriry anu puwer may be excrcised on Olle o"r more OCC:lSiOIl,~ frum time 10 timc. in the s;-\me or diffcre:llt jllr;~di("iioll~, a~ of/cn a~ Blink ~h;-\!l Jto:m l!ecessary or :ldvisllblt. RORROWE:R HEREBY ACKNOWLEDGES TILAT THE CONFESSION OF JUDG~tENT PHOYISlONS HEHEIN CONTAINED WHICH AFFECT ,\WJ WAIVE CmTAIN LEGAL IUGIITS OF UOHROWER tLA YE BEEN READ, UNDERSTOOD AND YOLUNTAHIL Y AGRHD TO BY nORROWER. 9, NO SALE OR TR.A.NSFER OF ASSETS. Borrower shall not sell, transfer, lease or otherwise dispose of all or uny material pllrt of Borrower's assets wtthout the prior written consent of Rank, c.:xcept m tho: ordinary course of Borrowcrs business. 10, DEFAULT. Any of lhe following will be a. defaull under this Promissory Note: (0) fadure to pay allY prinCipal, expense, ~hargc, fee or inte,rest when due, or LlIlurc to perform JOY other oblig;ltions hereunder; (b) a default by Llny Borrower upon any of the eXisting or future obligations of my Borrower to Bank; (c) u default by any guarnntor or other pason thalls now or here3t1er liable in cOl1flection with Jny of the obligattons of~y Borrower to Bank or that has grnnted ony lien or security interest to or for the bendit of Bank to .secure any of tile obligatIOns of any Borrower to Bank ("Other Obligor"), upon Jny .of the existing Of future ob!igJtions oLlOY Other Obligor to BaIlk~ (d) a det'<lult illlmy other agreemcnt, Instrument or document berween any Borrower or Other Obligor and Bank, or any corporate aftiliate of Bank, including, wilhout limitation, any security, document referred (0 Llbove, whether preViously, simultaneously, or hereafter entered mto~ (e) a material adverse change In the financial condition of any Borrower or Other Obligor from thaI expressed In lhe financial stntemcnt most rccently submitted to Bank prior to the date of this Promissory Note, as determined in good faith by Bank in ItS sole discretion; (0 If1stitution of bankruptcy, insolvency, reorganizat1on or receivership proceedings by or against any Borrower or Other Obligor in any slate or federal wurt; (g) (he appointment of a receiver, assignee, custodian, trustee or SImilar ofticial under any federal or state insolvency or creditors' rights law for (Jny ~~~~:J/iJ':~ \~~;~~~~ ~rp~~~~t~i~~:~rj ~~t:~~~~et~fBa~~k 8b~0~\~~ ~;h~nl~f ~:i~~rrrt~\t~~~~~~f,e~~~lf~~~ ~r~~~~e~~o O~a~~d~~~~~~~~~~~t1~ ~~~~e~i~r :~s~~~~ ~ti~~ mi.lde or furnished; (j) the occurrence of any event \I/hleh is, or would be with the pnssZlge of time or the giving of notice or both, a default under any indebtedness of any Borrower or Other Obligor to any person other thon Bank; (k) any materia! Joss, theft or substantial damage, not fully insured tor the benetit of Bank, to any of the assets of any Borrower or Other Obligor, or the transfer, lease or encumbrance or other disposition of all or any material part of the assets of any Borrower or Other Obligor other than in the ordinary course (,f business of Borrower or Other Obligor; (I) the entry of any finnl judgment against any Borrower or Other Obligor for the payment of money in excess of $5,000; (m) the leV)' upon or attiJchment of any assets of allY Borrower or Other Obligor; (n) the recordation of any federal, stute or local tax lien against any Borrower or Other Obligor~ (0) a change of ownership or dissolution, merger, consolidation, liquidlltion or reorganization of any Borrower or Other Obligor which is a corporation, partnership or other leg::ll entity; (p) the death of an)' Borrower or Other Obligor who is a natural person; (q) failure of .:lny Borrower or Other Obligor to Furnish to Bank such fintlnciaJ inlormation as Bank may require from .time to tllne; or (r) thedeterminatiol1 in good tJith by Bank, in its sole discretion, that the nbility of ::lIlY Borrower or Other Obligor to payor perform :..Iny of their respectIve obllgatlOos to Bank IS Impaired For any reason. 11. REMEDIES. Upon a default, in tlddition to all other riglltsand remedies avallable to Bank under any other document or agreement between Borrower and Bank or under applicable law, Bank, in Bank's sole discretion ,lndwithout notice or demand, may: (a) raise the rate of interest accruing on the unp3id balance d~e under this Promissory Note by two (2.) percentuge pOInts tl~ove the rale .of ,Interest otherwise applica?le, independent of whether Bank elects to. accelerate the unpaid prinCIpal balance as a result of such deti:1l1lt; a.nd (b) dc~larc the entire unpaid pnnclpal balJoce plus accrued lnter.est. and all ot~er sums due hereunder ImmeLlwtely due and payable. Borrower agrees that a default under thiS Promissory Note is a defuull by Borrower under all other liabilities and obligations of Borrower to Bank, and that Bank shall have the right to declare immediately oue and paYllble <III of stich other liubiliries and obligutions. Borrower \vaives any right or claim to cause a marshalling of the assets of Borrower or uny Other Obligor 12, !NTEREST RATE .AFTER .WDGM l::NT. if judgmo;;nt IS entered against 80rrower on this homissOIY No'te, the amount of the judgment entered (which may include principal, interest, charges, fees, and expenses) shall bear interes~ at the higher. of ~le abov~ described default mterest rate as decermined on the date of the entry of the Judgment, or Ihe legi.ll rate of Interest then applicable to Judgments 10 the jurisdictIOn In whith Judgment was entered. 1), EXPENSES OF' COLLECTION. Borrower shall pay all costs and expenses incurred by Bank in collecting sums due under this Promissory Note, including without !irnicalion th~ costs of.ll1Y lien, judgment or mher record searches, appraisals, trnvel expenses and the like. In addition, if this Promissory Note is reterred to In ilttomey for collection, whetl1er or not Jlldgment has been confessed or suit has been tilcu, Borrower shall pay all of the holders costs, fees (including, but not limited to, the holda's i;\ttomeys' fees, charges and expenses) ,md all other t;xp~.nses resulting from such referral 1.40 NEGOTIAllLE INSTRVIYiENT. Borruwer agree::; that this Promissory Note shull be deemed to be a negoti<lble instrument, even though this Promissory Note mtly not qualify under applicable law, absent this paragraph, as a negotiable instrument IS. W A [VEH.S. Borrower, and all p<inies to this Promissory Note, whether maker, endorser, or guarantor, waive presentment, demand, notice of dishonor and protest 16. EXTENSIONS OFI\-LATUHITY. All parties to this Promissory Note. whether m<1ker, endorser, or guar<.lntor, agree that the maturity of this Promissory Note, or 1111" payment due hereunder, muy be extended lH any time or ,from tlme ~o time wi~houe releasing, dis~harglng, or affecting the li.ability of such party 17. NOT1CIi:.S. Any notice or demund reqUIred or pemtltted by or In connection with this PromIssory Note, without Implymg the obltgation to provide any nOlice or dem,md, shall be in wflting at the address set forth below or to such other address as may be hereafter specified by written notice to Bank by Borrower, Any such notice or demand shall be deemed to be effectjve as of the dllte at" halld delivery or tacsimile transmission, one (1) day ufter dispatch if sent by telegram, mailgram, overnight delivery, express mail or Federal Express, or three (3) duys after mailing if sent by lirst dass mai,l with postage prepaid 18. JOINT AND SEVER-\L LIAIHLITY. If more thun one person or entity IS executing thIS Promissory Not~ as a Borrower, all liabilities unuer this Promissof)-' Note sl1all be joint and scveral with respect 10 each of su\;h persons or entities 19. BINDING NATU1U~;ASSIC.NABIUTY, This Promissory Note shall inure to the benerit orand be enforceable by Bank and Bank's successors <lnd assigns and other person to whom Bank Imy grunt an interest in Borrowers obligatfons to Bank, and shall be binding and enForceable against Borrower and Borrower's representatives, s~cces:sors' and nssigns, This Promi~Sllf)" Note may be assigned by Bank or any holder at any time, Borrower shall not have the right to assign rights hereunder or any Illterests herein WIthout the pfJor written consent of Bank. 20. INVALIDITY OF ANY PART. If3ny provision or part of any provi:>ion of this Promissorj Note shed! for any rellson be held invalid, illegal or respect Invalidity, ilkgality unenforceability shall not alfcct Llny olher provisiom of tillS Promissory Note and tJ~is Promis.5~ry Note shall be:ol1strued as InvaJ Id, or unenforccClble or part thcreo f had never been contctincd herein, but only to the ex~cnt of Its Illvalldity, illegality or unenForceabdity Y5.02U&I:I, p;\g~ No_ I ". 11. J!IAXIML''I't'l RATE OF INTEHEST: COMMERCIAL LOAN. Not\vithstllndil1g ~ny provision of this Promi~sory Note to th~ contrnry, 8orrowt;r shull Ilot be obligated to PllY inlCr~S{ hereunder ill e,,,cess of the mUXill1l1n\ rule of interest permitted by the lilWS of any slute delcol1inc:d to govern this Promissory Note Or the laws of the United Stales applicable to loans in such slllte. If any provision of this Promissory Note shall ever be construed to require the payment of any nmount ot' intef~st in excess at thm permitted by applicable law, then the interest to be paid hereunder shull be hd~ subject to reduction (0 the amount o.lIo~veJ under applicable law, and noy SlllllS p~id In excess of tile Inlercl'{ rate allowed by law shull be applied in reullction of the principal b'llance outsU1n~Jng under this PromIssory Nutc.. Borrower a~knowledgc~ that It has been contelllplMed at all tllnes by Borrower that the laws of the COlnmollwcl'Illh of FCllnsylvaniil wlil govern the mllXirnum rate of Interest that !t is permissible for the hlllder o.f this Promissory Note to charge Borrower unde~ this Promisliory Note Borrower warr:lnts thot this Promissory Note evidences OJ 10;\11 ITILldc solely to i.lcqlllrc (111 interest III or to carry on j) bUSIness or commercwl enterpflse, n. CHOICE OF LA IV; CONSENT TO VENUE AND .fUHISDICTION; ACTIONS AGAINST UANK. TI1I5 I'romlS.\ory Not' sholl be governed, construed :lnJ IIlIcI preted in 'lccor~ancn,vith the Il.lwsor the COlIllllOIlW~:llth OfPClIlI.'iylv:llIill, even if the P~llllsylvilllill rules governing I..:on!licts ofluws w?uld otherwise require that the l<lwS of <lllother Jllmdktlon govern thIS Promissory Note. Borrower consents to the JuriSdiction and venue of the courts of any county or City III the CUllllllOllweultli uf Pellllsylvauill ilnd to the jurisdi~tion ilnd venue of [he United States District Court for the ,rvlidllle Di:It,.-ict of Pennsylvania in any action or i,udicial prol..:~eding brought to enforce, t:onslruc or I!1t~rpret thiS Promissory Note_ Any action broulSht by Borrower against Bank whICh is based, directly or indirectly, or 10 whok or In part, upon tIllS Promissory Note or <In.v mattcr relateu to (his Promissory Note shall be brought only in the courts of the COlTllTlOIlWClllth of P~lIl1sylvullla 23, UNCONDITIONAL OBLIGATIONS. Borrower's obligations under this Promissory Note shall be the llbsolutc and unconditional duly llnd obligatloll ofB0rrowcr ilnd shull be independent or an~' rights of sct.ot'( recoupment or counterclaim whj(.;h Borrower might otherwise have against the holder of this Prornissol)' Note, Lllld Borrower shall pay Clbsolutdy thi..: payments of priill,;ipal, interest, charges, fees lInd expenses requin.:d hereunder, free of any deductions and wilhout ubuternel1l, diminution or set-oil 2-1. AI'I'IEND~'IENTS, NO WAIVER, ETC. This f1romissory Note may be illll~nded only by a writing duly exccuted by Borrower Z1nd BUflk, No waiver by Bunk of;:my of the rrol/lsiollS of this Promis.'iory Note or :lny o[tlle rights or remedies of Bank with respect hereto shall be effective or enforct::uble unless in writing. No indulgence or deJny on th.t: part (If B;lnk in ~xerclsing i.lny power, privilege or right hereunder or under uny other ilgreernent executed by Borrower to Bank in connection .herewith shall operate ,1S a Willver thereat". No Single or partlal exerCise of any power, privilege or right shall precluue other or fiJrther exec.else tlit:reof, or the exercise of ilny other power, pnv!lege ur nght. No conduct, custom or course of dealing shull be effective to w<live, amend, modt/)' or release this PromiSSOry NOle or any of the tenns and conditions hereof. ThiS Promissory Note, constitutes the complete and exchlsive expression of the tenns of the agreement between the parties :vith respect to the subject mutter set forth herein, Gild supersedes all prior or contemporaneolls communIcatIOns betw'cen the parties relating to the subject matter ofmls Promissory Note. 25. OTHEfI. WAIVERS, ETC.ln the event Bank has b~el1 granted a lien or security interest <IS collateml for the amounts owed under this Promissory Note bY;l party other tha~ Borrower("Other Collateral")? Borrower acknowledges and agrees that the documents evidencing such li~n ,or security interest may I.nodi!)' cxisringlaw and modify, waive or explaIn the rights and duties of the partIes thereto. To the extent Borrower qualifies <15 an "obligor" WIthin the meaning of the Unlfonn COlTIIllCfcmJ Code-Secured Transactions, as amended C'UCC") or any similar law of any other state or territory with respect to the Other Collateral and, as a result tllereo( the UCC or similar 13\\1 confers any rights on Borrower or imposes ,my duties on Bank with respect to Borrower, Borrower agrees that such rights and duties have been 11l0dificll, waived or explained to the same ~xtent, and in the same manner, that the party providing the Other Collateral has Ggreed to modify, waive, or explain Its corresponding rights und/or any corresponding duties owed to it by Bank. 26. WA1VER OF JURY TRIAL. norrower (by ex~cllfion of lhis Promissory NOle) :lnd Balik (by iiceept<luce of this Promissory N(jl~) agree that :lny suil, action, or proceeuing, whether claim or (uulltcrcl~illl, hrou~ht or instituteu by Borrower or llank 011 or with nspeet to Ihis Promissory Not~ or which ill ;lilY WilY rdates, tlireclly or il1ullccUy, tu the ohligalious ofUorrow~r 10 !3:111k under this Promissory Nute, or the uealillg:s ufthe parties with respect therefo, shall be tried unly by a juuge and lIot by jury. Borrower :Iud U:lIlk hereby npressly waive :loy ri~ht /0 a trial by jury in allY such .'iud, aCfion, or procwJing. Burrower :Iud B.\llk ackllowledge and agree lh:lt lhi.'i provision is a spccinc aou material aspect of the agre~lI1cnt helw~tn fhe parties and thai Balik would not enll:r inlo thc transactioll wilh Borrower if this provisioll wefe nut jl p:\rt of their ;Igrecment. IN WITNESS WHEREOr-, ;mJ tnt~nding to be legally bound hereby, the undersigned execute this Promissory Note under seill, as Borrower, as of the dilte first written aboyt: V ::J~~, (Print Name) ~ I:\;:-;; /1 ~...:;---s::./} B.. ORRo.....Jos... '&f11..-1--./._"<::~> .' ..' i . '!~3 ..' . 'c/Sv/ .......-1 . _SEAL) JOSePh";,"B~L~ Individunlly, and Trading as Beil ConSlr~ Pennsylvania Sole Proprietorship (Print Name) WITNESS /g "6Y"~ tSi turc) 4Q~ Address 390 1 HartzdaJ~ Drive, Suite 110 Clmp Hill, Peoosyh-'ania 17011 Tekphone Number (71i) 763-981:15 Socia! SeCUrity No 202-46-.5170 YS.OlOt\ll, Pa\;~ r-,'I), 1 "- 5131 -l/ ~ '.- ..',1 I: ~: 'r ':. ~ \ ": ~.~ ',.: ;\ ~:: r:::, .., ;', ~ :.: ~.. I) ,= :<::.~': C :,.: :.; ,~.~ r:~ f:. L t.,,~: D co 1_1 ~; l ":.' - ? .~. This instrument prepared by and after recording, return to: Pramco Ill. LLC 6894 Pins ford-Palmyra Road 200 CrossKeys Office Park, Suite 230 Fairport. NY 14450 2006 FEB 23 Prl 12 09 ASSIGNMENT OF NOTE, MORTGAGE AND OTHERLOASDOCU~ffSTS THIS ASSIGi\TNlENT OF NOTE, MORTGAGE AND OTHER LOAN DOCUMENTS (this "Assignment") is made by M..\NU,F.-\CTURERS .-\..'iD TRADERS . ..... . " TRliST COMPA1'iY. for itself and its predecessors in interest. whose address is One Fountain Plaza. ButTalo. New York 14203-1495 ("Assignor"), to PRA:\'ICO Ill, LLC whose address is 6894 Pittsford-Palmyra Road, 200 CrossKeys Office Park, Suite 230, Fairport, ~ew York 14450 ("Assignee"). pursuant to the terms of that certain Asset Sale Agreement dated October 19. 2005 (the "Sale Agreement") between Assignor and Assignee, Capitalized terms used herein and not .ot~erwise defined shall have the meanings ascribed to them in the Sale Agreement. THIS ASSIGNMENT \VITN'ESSES THAT, in consideration of Ten Dollars (510.00) and other good and \"aluable consideration paid by Assignee, Assignor hereby assigns, transfers. sets over and conveys, etTective as of October 27, 2005, to Assignee and its successors and assigns, without recourse and without representation or warranty, whether express, implied or created by operation of law. except as expressly set forth in the Sale Agreement. the following: Th~tt certain Open-End Nlortgage dated March 3. 2005, by Joseph P. Beil, to and for the benefit of assignor. recorded March 7, 2005, in Book 1899, Page 1420, of the public records of Cumberland County, Pennsylvania (the "Ylortgage''). which Mortgage secures that certain obligation, naming Joseph P. BeiL as Obligor. together with any and all assignments thereto and moditications thereof (the "Note"). together with such other documents, agreements, instruments and other collateral that evidence, secure or otherwise relate to Assignor's right, title or interest in and to the Mortgage and/or the Note, including without limitation the title insurance policies and h:lZard insurance policies that might presently be in effect. The Real Property or its address is commonly known as 4 Briargate Road. !\lechanicsburg, Silver Spring Tow'nship. Cumb.erland County~Pennsylvania and has a Parcel Identification Number of 38-23-0571-037. . ~oo~ 72.5 P,\CE 12b S:\LOASS\Company 5~'.5~1}007l)\Assignment 01 NOle. Mongage "I'd Other Loan Docum,:nts.doc THIS ASSIGNMENT FlJRTHER WITNESSES TI-IA T Assignor hereby conveys and quitclaims to Assignee any and all right and interest it might have in the Mortgage, Note and other loan documents referenced above. and in the underlying loan and hereby joins in the conveyance of the Mortgage. Note. loan documents and loan to Assignee. without recourse and \vithout representation or warranty. whether express. implied or created by operation of law, except as expressly set forth in the Sale Agreement. [); WITNESS \Vl-IEREOF, Assignor has caused this Assignment to be executed and delivered by its duly authorized agent as of the 27th day of October, 2005. i~~~ MANUFACTliRERS AL\D TRADERS TRUST COMPA1~Y. as Assignor ~~~ 7Z-/wL By: Timothy P. Sheehan Its Authorized Agent ACKNOWLEDGMENT STATE OF NEW YORK ) )SS.: ) COUNTY OF MONROE On the~ay of February, 2006, before me, the undersigned. personally appeared Timothy P. Sheehan, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity. and that by his signature on the instrument. the individual, or the person upon behalf of which the individual acted. executed the instrument. lfl.tLJu fJ.. ~f2'~~ Notary Public LAURA A. SEIDMAN Notary Public, State of New York C. f R . Qualified in Monroe County ertlficate 0 eSldence Commission Expires: :J.11~/o~ I hereby certify, that the precise address of the Assignee, Pramco III. LLC, herein is as follows: 6894 Pittsford-Palmyra Road, 200 CrossKeys Office Park, Suite 230. Fairport. New York 14450. ~ ~ ] . -. .. \ ' C~rtJl~' tLis to be recorded By: V ~ In \'-'umoerland County P A Timothy P. Sheehan Its Authorized Representative f.<;~.;='y;.2<' .,p p'';'' J-;,''''- ;\:~r;;': :JOK 725 PAGE 12~J .... Recorder 0 f Deeds S:\LOANS\Compmy ;4\5':2300i9'Assignmcnt 01 ;\01<, :-'longage and Olher l<>an Dcx:urrn:msdoc 02/12/2009 10:40 5853772901 MIDWEST PAGE 03/03 IN THE ORPHANS' COURT of CUMBERLAND COUNTY, PA In the matter of : JOSEPH PAK BElL Estate No. 2120070753 VERIF1CA nON TIMOTHY P. SHEEHAN, deposes and says, under penalty of 18 P.S. H904, that he is an Authorized Representative of the Claimant, that he is therefore authorized to execute this Affidavit on its behalf, that to the best of his knowledge, information and belief, the facts set forth in the foregoing Claim are true and correct, and that this verification is being given subject to the penalties of 18 P.S. ~4904, pertaining to unsworn falsification to authorities. The Affiant further states that to the best of his knowledge, information and belief, based upon a review of the Claimant's business records, there are no payments or offsets for which the decedent is entitled to credit that have not already been applied against this indebtedness. ~. TIMOTHY P _ SHEEHAN, Authorized Representative By: Date : February II, 2008 IN THE ORPHANS' COURT of CUMBERLAND COUNTY, PA In the matter of : JOSEPH PAK BElL Estate No. 2120070753 CERTIFICATE of SERVICE I, William J. Levant, do hereby certify under penalty of 18 P.S. ~4904, that I caused a true and correct copy of the foregoing Notice of Claim, with exhibits, to be sent to : Lowell Gates, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 and Leanne Beil 22 Royal Palm Drive Mechanicsburg, PA 17050 ON THIS DATE .zjlzJ~/ (/ i I " ", T\YlEGF REITER & STEIN, P .C. """..~.",....