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HomeMy WebLinkAbout08-144401 - j44 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. 12207 OiVill Pursuant to Pa. R.C.P. 3002, kindly enter judgment against the Defendant in the amount of $22,428.71 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: By S"teven7 S6fi "nigh , Esquire Merritt C. ReitzeUsquire Pa. I.D. Nos. 25488 & 92069 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 (717) 540-9170 Counsel for Plaintiff In TO (Court of Common VW5 of ?Maupbin Countp, Vennoplbania Mid Penn Bank vs. No. 2007-CV-12207-NT Zimmer Grove Homes Inc CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Plaintiff, Mid Penn Bank and against Defendant, Zimmer Grove Homes Inc. on November 14, 2007 in said case in the amount of $22,428.71. 3n Tegtimonp 10bereof, I have hereunto set my hand and affixed the seal of the Court, on Friday, February 22, 2008. Protho otary By: Deputy JUDGMENT $22.428.71 Interest from 6-12-2006 Attorney Due $3.00 Plaintiff Paid $33.00 Prothy. Due $10.00 This record $20.00 Date / 2/2008 Time: 02.20 PM Page 1 of 2 Filed: 11/14/2007 Subtype: Notes Comment: Dauphin County Complete Case History Case: 2007-CV-12207-NT Mid Penn Bankvs.Zimmer Grove Homes Inc Physical File: Y Appealed: N User: KWEBB 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 Amount Schiffman, Steven Jay (attorney 145886 11/14/2007 Civil Filing 33.00 Total 33.00 Plaintiff Name: Mid Penn Bank SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Reitzel, Merritt C (Primary attorney) Send Notices Defendant Name: Zimmer Grove Homes Inc SSN: Address: 5751 Union Deposit Rd DOB: Harrisburg PA 17111 Sex: Phone: Home: Work: Employer: Litigant Type: Comment: Attorneys Reitzel, Merritt C (Primary attorney) Register of Actions 11/14/2007 New Civil Case Filed This Date. Filing: Complaint with Confession of Judgment Paid by: Schiffman, Steven Jay (attorney for Mid Penn Bank) Receipt number: 0145886 Dated: 11/14/2007 Amount: $33.00 (Check) Send notices: Y Send Notices No Judge, No Judge, Date2/2008 Dauphin County Time: 02:20 PM Complete Case History Page 2 of 2 Case: 2007-CV-12207-NT Mid Penn Bankvs.Zimmer Grove Homes Inc Register of Act ions 11/14/2007 On Complaint filed Judgment in No Judge, favor of Plaintiff and against Defendant in the sum of Twenty- Two Thousand Four Hundred Twenty-Eight and 71/100 Dollars ($22,428.71) by virtue of authority contained in the Warrant of Attorney filed dated 6-12-06 payable on demand with interest, costs, etc. --- for colt'n. Inquisition and Exemption Waived. Entered At 2:30 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 User: KWEBB Order date In Favor Of Disposition Judgment 11/14/2007 Plaintiff 11/14/2007 Open Judgment Comment: 22428.71 Plaintiff: Mid Penn Bank Defendant: Zimmer Grove Homes Inc a-aa-oa I hereby certify that the foregoing is a true and correct copy o4 the original filed. Prothohotary/Clerk of Courts f . `a . Steven J. Schiffman, 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 co ow e? a-),, dam fy**nlc?? MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA vs. No. a W-7 CV Ga V? &) ? ZIMMER GROVE HOMES, INC. Defendants CIVIL ACTION-LAW Zj .., a TO: Zimmer Grove Homes, Inc. Roger B. Zimmer, President UuO , ?? ?"'a foregoing, s a William R. Grove, Vice President t,;"`'?'""r? A=NY of the orlq al 'A) = ? ' J 5751 Union Deposit Road 0 Harrisburg, PA 17111 Ra .,aa Pursuant to Pa.R.C.P. 236, you are lie?r`eb 'i4e iced tha ju gme nfession has been entered against you in the above-captioned matter. Date: NOV 14 2007 r • -Pro?hortotary If you have any questions concerning this notice, please contact plaintiffs counsel at the address and phone number above. 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. &W-1 C\1 t-6av-7 t ZIMMER GROVE HOMES, INC, Defendant CIVIL ACTION-LAW Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights To: Zimmer Grove Homes, Inc. Roger B. Zimmer, President William R. Grove, Vice-President & Secretary 5751 Union Deposit Road Harrisburg, PA 17111 o rn 74(-) A -- A judgment in the amount of $22,428.71 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 Steven J. Schiffman, Esq. 4 Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. -p r < 2080 Linglestown Road, Suite 201 w Harrisburg, PA 17110-9670 ' (717) 540-9170 ' PA ID Nos. 25488 & 92069 O MID PENN BANK, Plaintiff VS. ZIMMER GROVE HOMES, INC, Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : No. aWll C V laae-t /0T CIVIL ACTION-LAW NOTICE PURSUANT TO 42 Pe.C.S. 62737.1 Please take notice that the Plaintiff in this matter has entered judgment by confession against you in the amount of $22,428.71. 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 swom 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: b .r Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA No. CIVIL ACTION-LAW vs. ZIMMER GROVE HOMES, INC, Defendant 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 defendants as follows: Note Number: 500036009 Date of Note: 6/12/2006 Principal Balance: $19,300.00 Interest to 11/13/07: $809.65 Late Fees: $308.09 Attomeys' Fees: $2010.97 (10% of principal balance and interest, as authorized .2 r .V1 c,] J:S_ ..1. Ca ft Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C, 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, Plaintiff VS. ZIMMER GROVE HOMES, INC, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. x-\007 C V : CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF 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. 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 June 12, 2006, defendant borrowed $71,600.00 from plaintiff. 6. To evidence its indebtedness under the $71,600.00 loan, defendant contemporaneously made, executed, and delivered to plaintiff the Note dated June 12, 2006. 7. Attached as Exhibit A is a true and correct copy of the original instrument authorizing confession, duly executed by Mr. Grove in his capacity as vice president of defendant corporation. 8. On December 28, 2006, the parties executed a change in terms agreement whereby the maturity date of the loan was extended to June 30, 2007. 9. A true and correct copy of the change in terms agreement of 12/28/06 is attached as Exhibit B. 10. The judgment sought herein is not against a natural person in connection with a consumer credit transaction. 11. The attached instrument has not been assigned. 12. Judgment has not been entered in any jurisdiction on the attached instrument authorizing confession. 13. Contrary to the terms and provisions of the Note, defendant failed to make payments when due under the terms thereof. 14. Defendant's failure to make payments when due constitutes a default under the terms of the Note. 15. Under the terms of the Note, defendant is liable for attorneys' fees equal to 10% of the outstanding principal balance and interest. 16. As the result of its default, defendant is liable to plaintiff as follows: Note Number: 500036009 Date of Note: 6/12/2006 Principal Balance: $19,300.00 Interest to 11/13/07: $809.65 Late Fees: $308.09 Attorneys' Fees: $2010.97 (10% of principal balance and interest, as authorized by the warrant of attorney) Total $22,428.71 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 $22,428.71, 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. %WF two 44 S e en I Schiffman, Esq. Merritt C. Reitzel, Esq. Counsel for Defendants Date: November a, 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 DATE: November 1l , 2007 By: j &???- Robert McDonald Authorized Representative Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, Plaintiff vs. ZIMMER GROVE HOMES, INC., Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA No. I aad7 /? CIVIL ACTION-LAW CERTIFICATION I hereby certify the precise last known addresses of the parties are as follows: Plai i : Mid Penn Bank 349 Union Street Millersburg, Pennsylvania, 17061 Sworn to and bef re me this of I Notary Public Defendant: Zimmer Grove Homes, Inc. 5751 Union Deposit Road Harrisburg, PA, 17111 BY: Mer C. Reitzel, Esq. T 7H PE NsriVANfA Nol?lr Seel LMe A. Ommay, Notwy Pubk Cw* ZMb CenrNwbn Eoec MNIM 24, 011 Penneywanta Assoclauoe or Notaries f ???????? PROMISSORY NOTE I References In the shaded area are for Lender's uee only and do not limit the applicability of this document to any particular loan or Item. Any item above containing -'** has been omitted due to text length limitations Borrower: Zimmer Grove Homes, Inc. MN: 23-2951187) Lender: Mid Penn Bank 5751 Union Deposit Road Deny Street Office Harrisburg, PA 17112 4098 Derry Street Harrisburg, PA 17111 Principal Amount: $71,600.00 Initial Rate: 9.0000k Date of Note: June 12, 2006 PROMISE TO PAY. Zlmrner Grove Homes, Inc. ("Borrower") promises to pay to MW Penn Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of Seventy-one Thousand Six Hundred & OW100 Dollars ($71,000.00), together with Interest on the unpaid principal balance from June 12, 2005, until paid in full. PAYMENT. Borrower will pay this loan in full Immediately upon Lender's demand. If no demand is made, Borrower will pay this loan in one principal payment of $71,600.00 plus Interest on December M 2000. This payment due on December 12, 2005, will be for all principal and all accrued Interest not yet paid. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment data, beginning July 12, 2006, with all subsequent Interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable low, 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 3651360 basis; that Is, by applying the ratio of the annual interest rate over a year of 300 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 Note Is subject to change from time to time based on changes In an independent index which is the Prime Rate as quoted in the Wan 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 Max after notifying 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 business day of the month. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 6.000% per annum. The Interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 1.000 percentage point over the Index, resulting In an intual rate of 9.000% 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 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 under the payment schedule. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked •pald in full', "without recourse`, or sknilar language. If Borrower sends such a payment, Lender 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. It 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, the Interest rate on this Note shall be increased by adding a 5.000 percentage point margin ("Default Rate Margin'). The Default Rate Margin shall also apply to each succeeding Interest rate change that would have applied had there been no default. If judgment Is entered in connection with this Note, Interest will continue to accrue after the date of judgment at the rate in effect at the time judgment Is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default') under this Note: Payment Default. Borrower falls 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. False Statements. Any warranty, representation or statement made or fumished 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 fumished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower'a 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 11 there Is a good fafth 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 slock-of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender 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 under this Note and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount. PROMISSORY NOTE Loan No: 600036009 (Continued) Page 2 ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone also to help collect this Note If Borrower does not pay. Borrower will pay Lender Ihat amount, This includes, subject to any limits under applicable law, Lender's attorneys' tees 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 Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has bean 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 holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. COLLATERAL.' Borrower acknowledges this Note Is secured by the following collateral described in the security Instrument listed herein: a Mortgage dated June 12, 2006, to Lander on real property located in Cumberland 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 ban advances. Borrower agrees to be Ilable 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 Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shalt 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. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of Its rights or remedies under this Note 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 lime) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lenders security Interest In the collateral; and take any other action deemed necessary by Lender 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 Note are jant and several. If any portion of this Note Is for any reason determined to be unenforceable, it will riot 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 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER 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. B?t) Homes, Inc. BORROWE 7JMM S,1 am R. rov ZJmmer Grove LAM PMLff r. VW. 6114UN CW. WW" FMY1tl.14"I .M. 1W. IM NW"fto,,,, - PA ftCFNKWWJ% 7Ni/N P&NWnrM . CHi aE IN TERMS AGREEMEN' References in the shaded area are for Lenders use only and do not limit the licabilfty of this document to any particular loan or Item. Any item above containing'-" has been omitted us to text length limitations. Borrower: Zimmer Grove Homes, Inc. (TIN: 23-2051187) Lender: Mid Penn Bank 5751 Union Deposit Road Derry Street Office Harrisburg, PA 17112 4008 Deny Strest Harrisburg, PA 17111 Principal Amount: $38,600.00 Initial Rate: 9.250% Date of Agreement: December 28, 2006 DESCRIPTION OF EXISTING INDEBTEDNESS. Note if500036009 in the amount of $71,600.00 dated June 12, 2006, together with any subsequent renewais and modifications. DESCRIPTION OF COLLATERAL. The ban is secured by a mortgage dated June 12, 2006. DESCRIPTION OF CHANGE IN TERMS. The maturity date shall be extended to June 30, 2007 . PROMISE TO PAY. Zimrrrer Grove Homes, Inc. ('Borrowsr") promises to pay to Mid Penn Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Thirty-eight Thousand Six Hundred & OOMOO Dollars ($38,800.00), together with interest on the unpaid principal balance from December 28, 2008, until paid in full. PAYMENT. Subject to any payment changes resulting from changes In the Index. Borrower will pay this loan in accordance with the following payment schedule: The loan shall be extended for an additional 12 months. Borrower will continue to make regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning January 12, 2007, with all subsequent interest payments to be due on the same day of each month after that. Interest shall be calculated at one (1.00'x) percent above the Well Street Journal Prams Rate ('Index"), currently sight and one-quarter (8.25X) percent, resulting In a rate of.nine and one-quarter (9.2576) percent per annum. Provided, however, all outstanding principal, all accrued and unpaid Interest, and any other charges as may have been Incurred will be due and payable In full on or before June 30, 2007. 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 coflection costs; and then to any late charges. Interest on this loan Is computed on a 366M simple Interest basis; that is, by applying the ratio of the annual interest rate over a year of 380 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lander 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 ban is subject to change from time to time based on changes In an independent Index which Is the Prime Rate as quoted in the Wall Street Journal (the 'Index"). The Index Is not necessarily the lowest rate charged by Lender on its bans. If the Index becomes unavailable during the term of this ban, Lender may designate a substitute index after notifying 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 business day of the month. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 8.250% per annum. The Interest rate to be applied to the unpaid principal balance during this loan will be at a rate of 1.000 percentage point over the Index, resulting In an initial rate of 9.260% per annum. NOTICE Under no circumstances will the Interest rate on this ban be more than the maximum rate allowed by applicable law. Whenever increases occur In the Interest rate, Lender, at its option, may do one or more of the following: (A) Increase Borrower's payments to ensure Borrowers loan will pay off by Its original final maturity date, (8) increase Borrowers payments to cover accruing Interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and Increase Borrower's final payment. 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 under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrowers making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", 'without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, Including any check or other payment Instrument that Indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Derry Street Office, 4088 Derry Street, Harrisburg, PA 17111. LATE CHARGE. If a payment Is 15 days or more late, Borrower will be charged 10.0009E of the regularly scheduled payment or $25.110, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, the Interest rate on this loan shall be Increased by adding a 5.000 percentage point margin ('Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment Is entered in connection with this Agreement, Interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, In no event will the interest rate exceed the maximum Interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower falls to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or fumished to tender 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 Borrowers existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This Includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not r • CHANGE IN TERMS AGREE& IT Loan No: 600036009 (Continued) Pa90 2 apply i 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 forieiture proceeding and It 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 anyguarantor, _Incompetent, er, surety, or revokes or disputes the party validity dies of the indebtedness or aguaranE the9 endorser, surely, by this Note. o of, or liability under, any Guaranty of 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 default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under 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 lf 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 federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. 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 Borrowers 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 rot 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 debt against any and all such accounts, and, at Lenders option, to administratively freeze all such accounts to allow Lender to protect Lenders charge and setoff rights provided in this paragraph. COLLATERAL Collateral securing other loans with Lender may also secure this loan. To the extent collateral previously has been given to Lender by any person which may secure this Indebtedness, whether directly or Indirectly, it is specifically agreed that, to the extent prohibited by law, all such collateral consisting of household goods will not secure this Indebtedness. In addition, If any collateral requires the giving of a right of rescission under Truth in Lending for this Indebtedness, such collateral also will not secure this Indebtedness unless and until all required notices of that right have been given. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including all agreements evidenced or securing the obligation(s), remain unchanged and In full force and effect. Consent by Lender to this Agreement does not waive tenders 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 satisfactkm of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), Including acoommodallo n parties, unless a parry Is expressly released by Lender in writing. Any maker or endorser, Including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons 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 IL This waiver applies not only to any Initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shah be enforceable by Lender and its successors and assigns. NOTIFY U8 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. MISCELLANEOUS PROVISIONS. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. 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 tender 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. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of 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 DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (106A) OF THE UNPAID PRINCIPAL BALANCE AND-ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOIL4RS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE .' . , C NGE IN TERMS AGREEMENT Page 3 Loan No: 500036009 (Continued) OF LENDER SPECIFICALLY CALLED AL CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED DENT LEG PRIOR TO SIGNING TI M$ 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 REA SEALED r4EN INSTRUMENT N AACCORDING AND TIT 16 O LANDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE BORROWER: ZIMMER OVE HOMES, I Soso Ism R. row, c res sM OT mmer rove Homes, Inc. Will 1'ND IMMt VM. F7fOOlN C?R• IIrbM IMNGM LM,IS?, Yio. q . Not M NO. P- • M PMWWLWW-FC T*41* FR4 v' --!`i7 MID PENN BANK, Plaintiff VS. ZIMMER GROVE HOMES, INC., a Pennsylvania Corporation, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2008-01444 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 3v ame: Title: f M, V. ALL THOSE CERTAIN twenty (20) pieces, parcels or tracts of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, in which it is more fully bounded and described as follows, to wit: TRACT NO. I - Lot No. T-51: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. 10 and Lot No. T-51; thence extending along line of Lot No. 10. South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, forty and no one-hundredths (40.00) feet to a point at a corner of Lot No. T-52; thence extending along line of Lot No. T-52, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred and no one-hundredths (100.00) feet to a point on the western dedicated right of way line of Crooked Drive: thence extending along dedicated right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, forty and no one-hundredths (40.00) feet to a point, the point and place of BEGINNING. CONTAINING 4,000 square feet. BEING Lot No. T-51 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 2 - Lot No. T-52: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-51 and Lot No. T-52; thence extending along line of Lot No. T-51, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, twenty and no one-hundredths (20.00) feet to a point at a corner of Lot No. T-53; thence extending along line of Lot No. T-53, North thirty-five(35) degrees forty (40) minutes zero (00) seconds East, one hundred and no one- hundredths (100.00) feet to a point along the right 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 comer of Lot No. T-54: thence extending along line of Lot No. T-54, North thirty-five (35) degrees forty (40) minutes zero (00) secondsEast, one hundred and no one-hundredths (100.00) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, twenty-fourand no one- hundredths (24.00) feet to a point, the point and place of 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 ofway 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-fourand 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 ofway line of Crooked Drive, South fifty-four(54) degrees twenty(20) minutes zero (00) seconds East, twenty-fourand no one- hundredths (24.00) feet to a point, the point and place of BEGINNING. CONTAINING 2,400 square feet. BEING Lot No. T-54 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 5 - Lot No. T-55: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-54 and Lot No. T-55; thence extending along line of Lot No. T-54, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet toa point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three (83) degrees forty (40) minutes zero (00) seconds West, twenty-two and ninety-four one-hundredths (22.94) feet to a point at a corner of Lot No. T-56; thence extending along line of Lot No. T-56, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, ninety- five and ten one-hundredths(95.10) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive the following three courses and distances: 1) on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of sixteen and fifty-six one-hundredths (16.56) feet, a chord bearing of North seventy-one (71) degrees three (03) minutes twenty-eight (28) seconds East, sixteen and fifty one- hundredths (16.50) feet; 2) on a line curving to the righthaving a radius of five and no one-hundredths (5.00) feet, an arc length of five and forty-six one-hundredths (5.46) feet, a chord bearing of South eighty-five (85) degrees thirty-five (35) minutes twenty-four(24) seconds East, five and nineteen one-hundredths (5.19) feet to a point; and 3) South fifty- four (54) degrees twenty (20) minutes one (01) second East, six and one one-hundredths (6.01) feet to a point, the point and place of BEGINNING. CONTAINING 2,013 square feet. BEING Lot No. T-55 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 6 - Lot No. T-56: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-55 and Lot No. T-56; thence extending along line of Lot No. T-55, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, ninety-five and ten one-hundredths (95.10) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, seventy-seven and thirty-eight one-hundredths (77.38) feet to a point at a corner of Lot No. T-57; thence extending along line of Lot No. T-57, North fifty-three (53) degrees fifty-nine (59) minutes twenty-eight (28) seconds East, one hundred twenty-two and fifteen one-hundredths (122.15) feet to a point along the right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive on a line curving to the left havinga radius of sixty and no one-hundredths (60.00) feet, an arc length of thirty-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 sixty and no one-hundredths (60.00) feet, an arc length of twenty-threeand ninety-six one-hundredths(23.96) feet, a chord bearing of South Fifty-six (56) degrees fifty-nine (59) minutes thirty-one (31) seconds East, twenty-three and eighty one-hundredths (23.80) feet to a point, the point and place of BEGINNING. CONTAINING 4,953 square feet. BEING Lot No. T-57 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 8 - Lot No. T-58: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-57 and Lot No. T-58; thence extending along line of Lot No. T-57, South sixty-three (63) degrees fifty-five(55) minutes eight (08) seconds West, one hundred seventy-three and forty-two one-hundredths (173.42) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three (83) degrees forty (40) minutes zero (00) seconds West, thirty-seven and thirty-one one-hundredths (37.31) feet to a point at a corner of Lot No. T-59; thence extending along line of Lot No. T-59, North sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds East, two hundred one and forty-nineone-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 twentyand thirty-nine one-hundredths (20.39) feet, a chord bearing ofthirty-five(35) degrees forty-nine(49) minuteszero (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. T-60 the followingtwo (2) courses and distances: 1) North sixty-three (63) degrees fifty-five (55) m inutes 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 of forty-twoand fifty one-hundredths(42.50) feet to a point; 2) South eighty-eight (88) degrees fifty-two(52) minutes twenty-four(24) seconds West, one hundred sixteen and ninety-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-nineand 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: l) North seventy-seven (77) degrees seventeen (17) minutes fifty-three (53) seconds East, ad istance 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 (1 I) minutes four (04) seconds East, a distance of one hundred forty-eight and eight hundredths (148.08) feet to a point on Crooked Drive; thence on a line curving to the left having a radius of sixty (60) feet, with an arc distance of twenty and thirty-nine one-hundredths (20.39) feet, with a chord bearing of South two (02) degrees fifty- five (55) minutes fourteen (14) seconds East, a chord distance of twenty and twenty-nine one-hundredths (20.29) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 33,517 square feet. BEING Lot No. T-60 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 11 - Lot No. T-61: BEG INNING at a point on the Western right of way line of Crooked Drive at the dividing line of Lot No. T-61 and Lot No. T-60; thence along line of Lot No. T-60 the following two (2) courses and distances: 1) North eighty-three (83) degrees eleven (11) minutes four(04) seconds West, a distance of one hundred forty-eightand eight one-hundredths (148.08) feet to a point, and 2) South seventy-seven (77) degrees seventeen (17) m inutes 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 (I 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 of twentyand 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 9l, Page 121. TRACT NO. 12 - Lot No. T-62: BEG INNING 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 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-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 f ive (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: BEG INNING 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: 1) 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: 1) 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 12 1. 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-six one- hundredths (117.56) feet to a point set on the Northeast right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a 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-six one- hundredths(] 17.56) feet to a point; thence extending South twenty-seven (27) degrees fifty-nine(59) minutes twenty-one (21) seconds East, a distance of twenty-f ive and seventy-eight one-hundredths (25.78) feet to a point, a corner of Lot No. T-69; thence extending along said Lot No. T-69, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, a distance of one hundred eleven and thirty-six one-hundredths (111.36) feet to a point on the Northeast right of way line of Crooked Drive; thence extending along said Crooked Drive on a line curving tothe left having a radius of sixty (60) feet with an arc distance of twenty-four and eighty-four one-hundredths (24.84) feet, with a chord bearing of North forty-one(41) degrees zero (00) minutes five (05) seconds West, a chord distance oftwenty-fourand sixty-six one- hundredths (24.66) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,726 square feet. BEING Lot No. T-68 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 19 - Lot No. T-69: BEGINNING at a point at time Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-68 and Lot No. T-69; thence extending from said beginning point and measured along Lot No. T-68, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, a distance of one hundred eleven and thirty-six one- hundredths ( I 1 1.36) 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-sixone- 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 theNortheast right of way line of Cooked Drive, aforesaid; thence extendingalong 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-eightand 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(I 95.82) feetto 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 are 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 LotNo. 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 ofCrooked 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-twoone-hundredths (195.82) feet to a point; thence extending North seventy (70) degrees thirty-two (32) minutes forty (40) seconds East, sixty-nine and ninety-five one-hundredths (69.95) feet to a point, a corner of Lot No. 14 Existing Phase II; thence extending along said Lot No. 14 Existing Phase II, South thirty-five(35) degrees forty (40) minutes zero (00) seconds West, two hundred fifty-three and twenty-one one-hundredths (253.21) feet to a point on the East dedicated right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive, North fifty-four(54) degrees nineteen (19) minutes fifty- five (55) seconds West, forty and no one-hundredths (40.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 8,981 square feet. BEING Lot No. T-71 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. lull, D i f rl! mn ;t •s 1hrJ+4D&&4SR-' rt! (-J &VC/MX0{ Whereas, MID PENN BANK has obtained a judgment in Cumberland County against Zimmer Grove Homes in the amount of $22,248.71 and filed 03/04/2008 as Docket #2008-01444 which judgment by law binds all the Real Estate then of the said Zimmer Grove Homes situate in the said Cumberland County, Pennsylvania for the payment thereof And Wbt reds, the said MED PENN BANK at the time of the obtaining of the said Judgment is seized and possessed of inter alik See Attached ExhibitA Now Know all Men by these Presents, that the said IvDD PENN 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 agree to and with the said Zimmer Grove Homes, heirs and assigns, by these presents, that it will not at any time or times hereafter sell or dispose of, attach or levy upon or claim or demand the aforesaid premises, with the appurtenances, or any part thereof, in or by virtue of the aforesaid Judgment, or claim any estate therein: SO THAT the said Zimmer Grove Homes, he= and assigns, shall and may hold the same, f= and clear of and from the Judgment aforesaid: Provided, however, that nothing herein contained shall invalidate the lien or security of the said Judgment upon the other estate of the said Zimmer Grove Homes. In witness whereof, the said MID PENN BANK hath hereunto caused to be affixed its common or corporate seal, duly attested, this day of 2008. Signed, Sealed and Delivered in the Presence of. 9Zt-3 SWUM K9-1 9001-EES-LIL MID PENN BANK ?? Presiderl Att ?--- vP AileaH Aa4s.zaH-W0H3 9Z:11 80,-LO-LO _ Fidelity National Title Insuranc`i@i+ A n (Continued) File No. 08-0277 LEGAL DESCRIPTION All that Certain piece or parcel or land situated in East Pennsboro Township, Cumberland County, Pennsylvania, in which it is more fully bounded and described as follow, to wit: BEGINNING at a point at the Northeast right of way line of Crooked Drive at the dividing line of Lot No. T-65 and Lot No. T-65 and Lot No. T-66; thence extending from said beginning point and measured along Lot No. T-65 and through a four (4) foot wide access easement, North on (01) degree twenty-six (26) minutes twenety-five (25) seconds West, a distance of one hundred seven and sixty-nine one-hundredths (107.69) feet to a point in line if 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) s ti !l