Loading...
HomeMy WebLinkAbout08-6771 REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, Plaintiff, X10' 6 g 677 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. ENTRY OF APPEARANCE AND CONFESSION OF JUDGMENT TO THE PROTHONOTARY: Kindly enter our appearance for and on behalf of the Defendant above named. Pursuant to the authority contained in the Warrants of Attorney separately set forth in the Mortgage (as defined in the Complaint), a true and correct copy of which is attached as an Exhibit to the Complaint filed in this action, we hereby appear for the Defendant in this matter, BPC Partners, and confess judgment in ejectment, in favor of the Plaintiff and against the Defendant for possession of the real property described as follows: • That certain tract of land Situate in Silver Spring Township, Cumberland County, Pennsylvania being Parcel No. 38-07-0459-125; ,t -%m • That certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania being Parcel No. 38-07-0459-126; and • That certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania being Parcel No. 38-07-0459-040. Dated: November t?L, 2008 REED SMITH LLP By: ew as an, Esqu e Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) Attorneys for Defendant 2 d CS { 1 7rlfr lp ..C U" REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, Plaintiff, VS. BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY N 01 0 6 COMPLAINT IN CONFESSION OF JUDGMENT FOR POSSESSION Plaintiff, Wachovia Bank, National Association (the "Bank") by and through its attorneys, Reed Smith LLP, files this Complaint for judgment by confession pursuant to Pennsylvania Rules of Civil Procedure 2970-2973 and, in support hereof, states as follows: 1. The Bank is a national banking association with an address of 123 South Broad Street, Philadelphia, Pennsylvania, 19109, and is authorized to conduct business in the Commonwealth of Pennsylvania. 2. Defendant, BPC Partners (the "Defendant") is a business located at 4150 Chambers Hill Road, Swarata, Pennsylvania 17111. 3. The Defendant executed that certain Open-End Mortgage and Assignment of Rents dated March 7, 2008 (the "Mortgage") to secure the obligations of Nicholas Reinhart and Denise Reinhart under that certain Promissory Note dated December 15, 2005 (the "Reinhart Note"). A true and correct copy of the Mortgage is attached hereto and incorporated herein as Exhibit "A". 4. The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County on March 10, 2008, at Instrument Number 200807149. The Mortgage secures real property owed by the Defendant which located in Silver Spring Township, Cumberland County, Pennsylvania, being Parcel Nos. 38-07-0459-125; 38-07-0459-126; and 38-07-0459-040 and more particularly described in Exhibit A (the "Property") 6. As a result of, among other things, failure to make payment under the Mortgage and Reinhart Note as and when due, events of default occurred under the Mortgage and Reinhart Note. 7. Pursuant to the terms of the Mortgage, upon the occurrence of an event of default or at any time thereafter, the Plaintiff was authorized to appear for and confess judgment against the Defendant for possession. (See Exh. A, p. 12.) 2 Pursuant to the terms of the Mortgage, upon the occurrence of an event of default, the Plaintiff was authorized to take immediate possession of the Property. 9. Defendant has not cured the defaults under the Mortgage or Reinhart Note. 10. The Mortgage has not been assigned by the Plaintiff. 11. The Plaintiff's claims against the Defendant are not based upon a residential mortgage and neither Act 6 nor Act 91 applies. 12. No judgment has been entered on the Mortgage in any jurisdiction. 13. Under the terms of the Mortgage, the Defendant agreed that the Mortgage shall be governed by the laws of the jurisdiction in which the Mortgage is recorded 14. Under the terms of the Mortgage, the Defendant agreed that confession for possession is permitted in any court of record located in the Commonwealth of Pennsylvania or elsewhere. 15. Judgment in favor of the Bank and against the Defendant is not being entered against a natural person in a consumer credit transaction. 16. Judgment in favor of the Bank and against the Defendant as demanded is authorized by the confession of judgment provision contained in the Mortgage. WHEREFORE, Wachovia Bank, National Association, as authorized by the Warrant of Attorney contained in the Mortgage, hereby demands that judgment in ejectment by confession be entered in its favor and against the Defendant for possession of the property located in Silver .. Spring Township, Cumberland County, Pennsylvania, being Parcel Nos. 38-07-0459-125; 38-07- 0459-126; and 38-07-0459-040. REED SMITH LLP Dated: November J_, 2008 By: 1), -P )y 0z" Ma ew E Tashman, squi Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) Attorneys for Wachovia Bank, National Association 4 is a O - m n r ?. TJrn 14 e , PARCEL ID 10139394 PREPARED BY: MATTIONI, LTD. RETURN TO: JOHN MATTIONI, ESQUIRE MATTIONI, LTD. 399 MARKET STREET, SUITE 200 PHILADELPHIA, PA 19106 I hereby certify that the address of the Bank (Mortgagee) stated below is correct WACHOVIA BANK NATIONAL ASSOCIATION PHILADELPHIA, PA 19109 OPEN-END MORTGAGE AND ASSIGNMENT OF RENTS This MORTGAGE AND ASSIGNMENT OF RENTS (hereafter referred as "Mortgage") made March 7, 2008, by and between BPC PARTNERS, a Pennsylvania partnership, whose address is 450 Hertzog Valley Road, Denver, Pennsylvania ("Mortgagor") and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, whose address is Philadelphia, Pennsylvania 19109 ("Bank") WITNESSETH To secure payment and performance of obligations under a Promissory Note (the "Note") dated December 15, 2005, in the amount of $2,880,000.00, made by Nicholas Reinhart and Denise G. Reinhart (the "Borrower") payable to Bank, this Mortgage, any present or future Letters of Credit issued by Bank for the account of Borrower, other than loan documents as defined in the Note (the "Loan Documents") and swap agreements (as defined in 11 U.S.C. § 101, as in effect from time to time) between Bank or any of its affiliates and Borrower, all other indebtedness of Borrower to Bank whenever borrowed or incurred, whether or not reasonably contemplated by the parties hereto as of the date hereof, and any renewals, extensions, novations, or modifications of the foregoing (collectively the "Obligations"), and in consideration of these premises and for other consideration, Mortgagor does mortgage, grant and convey unto Bank (for itself and its affiliates), its successors and assigns, all of Mortgagor's right, title and interest now owned or hereafter acquired in and to each of the following (collectively, the "Property"): (i) all those certain tracts of land in the City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, described in EXHIBIT A attached hereto and made part hereof (the "Land"); (ii) all buildings and improvements now or hereafter erected on the land; (iii) all fixtures attached to the Land or any buildings or improvements situated thereon; and (iv) all estates, rights, tenements, hereditaments, privileges, rents, issues, profits, easements and appurtenances of any kind benefitting the Land; all means of access to and from the Land, whether public or private; and all water and mineral rights. In the event that Mortgagor is the owner of a leasehold estate with respect to any portion of the Property and Mortgagor obtains a fee estate in such portions of the Property, then, such fee estate shall automatically, and without further action of any kind on the part of the Mortgagor, be and become subject to the security title and lien of this Agreement. TO HAVE AND TO HOLD the Property and all the estate, right, title and interest, in law and in equity, of Mortgagor's in and to the Property unto Bank, its successors and assigns, forever. Mortgagor WARRANTS AND REPRESENTS that Mortgagor is lawfully seized of the Property, in fee simple, absolute, that Mortgagor has the legal right to convey and encumber the same, and that the Property is free and clear of all liens and encumbrances. Mortgagor further warrants and will forever defend all and singular the Property and title to the Bank and Bank's successors and assigns, against the lawful claims of all persons whomsoever. PROVIDED ALWAYS that if (i) all the Obligations (including without limitation, all termination payments and any other amounts due under or in connection with any swap agreements (as defined in 11 U.S.C. § 101, as in effect from time to time) secured hereunder) are paid in full, (ii) each and every representation, warranty, agreement, covenant and condition of this Mortgage, and the other Loan Documents, are complied with and abided by, and (iii) any and all swap agreements (as defined in 11 U.S.C. §101, as in effect from time to time), secured hereunder have matured or been terminated, then this Mortgage and the estate hereby created shall cease and be null, void and canceled of record. To protect the security of this Mortgage, Mortgagor further represents and agrees with Bank as follows: Payment of Obligations. That the Obligations shall be timely paid and performed. Future Advances. This Mortgage is given to secure not only existing Obligations, but also future advances, including Obligations under swap agreements to the same extent as if such future advances and obligations under swap agreements are made on the date of the execution of this Mortgage. The principal amount (including any swap agreements and future advances) that may be so secured may decrease or increase from time to time, but the total amount so secured at any one time shall not exceed $2,880,000.00, plus all interest, costs, reimbursements, fees and expenses due under this Mortgage and secured hereby. Mortgagor shall not execute any document that impairs or otherwise impacts the priority of any existing or future Obligations secured by this Mortgage. Grant of Security interest in Personal Property. This Mortgage constitutes a security agreement under the UCC and shall be deemed to constitute a fixture financing statement. Mortgagor hereby grants a security interest in any personal property included in the Property. On request of Bank, Mortgagor will execute one or more Financing Statements in form satisfactory to Bank and will pay all costs and expenses of filing same in all public offices where filing is deemed desirable by Bank. Bank is authorized to file Financing Statements relating to 1!r the Property without Mortgagor's signature where permitted by law. Mortgagor appoints Bank as its attorney-in-fact to execute such documents necessary to perfect Bank's security interest on Mortgagor's behalf. The appointment is coupled with' an interest and shall be irrevocable as long as any Obligations remain outstanding. Nothing herein obligates Bank to provide credit in excess of the Obligations. Leases, Subleases and Easements. Mortgagor shall maintain, enforce and cause to be performed all of the terms and conditions under any lease, sublease or easement which may constitute a portion of the Property. Mortgagor shall not, without the consent of Bank (which consent shall not be unreasonably withheld or delayed), enter into any new lease of all or any portion of the Property, agree to the cancellation or surrender under any lease of all or any portion of the Property, agree to prepayment of rents, issues or profits (other than rent paid at the signing of a lease or sublease) modify any such lease so as to shorten the term, decrease the rent, accelerate the payment of rent, or change the terms of any renewal option; and any such purported new lease, cancellation, surrender, prepayment or modification made without the consent of the Bank shall be void as against Bank. Required Insurance. Mortgagor shall maintain, with respect to the Property: (i) during construction of any improvements on the Property, "all risk" builders risk insurance which must include windstorm, hail damage, fire and vandalism (non-reporting Completed Value with Special Cause of Loss form), in an amount not less than the completed replacement value of the Improvements under construction, naming Bank as mortgagee and loss payee; (ii) upon completion of construction, upon occupancy of any improvements, and at all other times, insurance against loss or damage by fire and other casualties and hazards by insurance written on an "all risks" basis, including malicious mischief coverage, in an amount not less than the replacement cost thereof, including coverage for loss of rents or business interruption if applicable, naming Bank as loss payee and mortgagee; (iii) if the Property is required to be insured pursuant to the National Flood Reform Act of 1994, and the regulations promulgated thereunder, flood insurance is required in the amount equal to the lesser of the loan amount or maximum available under the National Flood Insurance Program, but in no event should the amount of insurance be less than the value of the improved structure, naming Bank as mortgagee and loss payee. If, after closing the Property (or any part thereof), is remapped and if the vertical improvements are determined to be located in a special flood hazard area, Mortgagor must obtain and maintain a flood insurance policy. If within forty-five (45) days of receipt of notification from the Bank that the Property has been reclassified by FEMA as being located in a special flood hazard area, Mortgagor has not provided sufficient evidence of flood insurance, Bank is mandated under federal law to purchase flood insurance on behalf of Mortgagor, and Bank will add the associated costs to the principal balance of the Note. If the land or any portion thereof is located in a special flood hazard area, this Agreement may be terminated by Bank at its sole option; (iv) as applicable, insurance which complies with the workers' compensation and employers' liability laws of all states in which Mortgagor shall be required to maintain such insurance; and (v) liability insurance providing coverage in such amount as Bank may require but in no event less than $1,000,000.00 combined single limit, naming Bank as an additional 3 + '' r J insured; and (vi) such other insurance as Bank may require from time to time. All property insurance policies shall contain an endorsement or agreement by the insurer in form satisfactory to Bank that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Mortgagor and the further agreement (within both the property and liability) policies) of the insurer waiving rights of subrogation against Bank, and rights of set-off, counterclaim or deductions against Mortgagor. All insurance policies shall be in form, provide coverages, be issued by companies and be in amounts satisfactory to Bank. At least 30 days prior to the expiration of each such policy, Mortgagor shall furnish Bank with evidence satisfactory to Bank that such policy has been renewed or replaced or is no longer required hereunder. All such policies shall provide that policy will not be cancelled or materially amended without at least 30 days prior written notice to Bank. In the event Mortgagor fails to provide, maintain, keep in force, and furnish to Bank policies of insurance required by this paragraph, Bank may procure such insurance or single- interest insurance in such amounts, at such premium, for such risks and by such means as Bank chooses, at Mortgagor's expense; provided, however, Bank shall have no responsibility to obtain any insurance, but if Bank does obtain insurance, Bank shall have no responsibility to assure that the insurance obtained shall be adequate or provide any protection to Mortgagor. Insurance Proceeds. After occurrence of any loss to any of the property, Mortgagor shall give prompt written notice thereof to Bank. In the event of such loss all insurance proceeds including unearned premiums, shall be payable to Bank, and Mortgagor hereby authorizes and directs any affected insurance company to make payment of such proceeds directly to Bank and not to Bank and Mortgagor jointly. Bank is hereby authorized by Mortgagor to make proof of loss if not promptly made by Mortgagor, settle, adjust or compromise any claims for loss or damage under any policy or policies of insurance and mortgagor appoints Bank as its attorney-in-fact to receive and endorse any insurance proceeds to Bank, which appointment is coupled with an interest and shall be irrevocable as long as any Obligations remain unsatisfied. Mortgagor shall pay the costs of collection, including attorneys' fees, of insurance proceeds payable on account of such damage or destruction. Mortgagor shall have no claim against th insurance proceeds or be entitled to any portion thereof, and all rights to th insurance proceeds are hereby assigned to Bank as security for payment of the obligations. In the event of any damage to or destruction of the Property, Bank shall have the option of applying or paying all or part of the insurance proceeds to (i) the Obligations in such order as Bank may determine (ii) restoration, replacement or repair of the property in accordance with Bank's standard construction loan disbursement conditions and replacements, or (iii) Mortgagor. Nothing herein shall be deemed to excuse Mortgagor from restoring, repairing and maintaining the Property as required herein. Minimum Standards. In addition to the requirements set forth in the Loan Documents, all 4 surveys, insurance, title policies, construction documents, environmental reports, payments and performance bonds, and any other due diligence or additional documents required in connection with this Loan shall comply with Bank's minimum standards in place from time to time for such documents, which shall be provided in writing by Bank to Borrower upon request. Impositions: Escrow Deposit. Mortgagor will pay all taxes, levies, assessments and other fees and charges imposed upon or which may become a lien upon the Property under any law or ordinance (all of the foregoing collectively "Impositions") before they become delinquent and in any event in the same calendar year in which they first become due. Upon request of Bank, Mortgagor shall add to each periodic payment required under the Note the amount estimated by Bank to be sufficient to enable Bank to pay, as they become due, all impositions and insurance premiums which Mortgagor is required to pay hereunder. Payments requested under this provision shall be supplemented or adjusted as required by Bank from time to time. Such funds may be commingled with the general funds of Bank and shall not earn interest. Upon the occurrence of a Default, Bank may apply such funds to pay any of the Obligations. Use of Property. Mortgagor shall use and operate, and require its lessees or licensees to use and operate, the Property in compliance with all applicable laws (including, for example, the Americans with Disabilities Act and the Fair Housing Act) and ordinances, covenants and restrictions, and with all applicable requirements of any lese or sublease now or hereafter affecting the Property. Mortgagor shall not permit any unlawful use of the Property or any use that may give rise to a claim of forfeiture of any of the Property. Mortgagor shall not allow changes in the stated use of the Property from that disclosed to Bank at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Property without prior notice to, and written consent of, Bank. Maintenance, Repair and Alterations. Mortgagor shall keep and maintain the Property in good condition and repair and fully protected from the elements to the satisfaction of the Bank. Mortgagor will not remove, demolish or structurally alter any of the buildings or other improvements on the property (except such alterations as may be required by laws, ordinances or regulations) without the prior written consent of Bank. Mortgagor shall promptly notify Bank in writing of any material loss, damage or adverse condition affecting the Property. Eminent Domain. Should the property or any interest therein be taken or damaged by reason of any public use or improvement or condemnation proceeding ("condemnation:") or should Mortgager receive any notice or other information regarding such condemnation, Mortgagor shall give prompt written notice thereof to Bank. Bank shall be entitled to all compensation, awards and other payments or relief granted in connection with such condemnation and at its option, commence and appear in and prosecute in its own name any action or proceedings related thereto. Bank shall be entitled to make any compromise or settlement in connection with such taking or damage. All compensation, awards and damages awarded to Mortgagor related to any condemnation (the "proceeds") are hereby assigned to Bank and Mortgagor agrees to execute such further assignments of the proceeds as Bank may require. Bank shall have the option of applying or paying the proceeds in the same manner as insurance 5 proceeds as provided herein. Mortgagor appoints Bank as its attorney-in-fact to receive and endorse the proceeds to Bank, which assignment is coupled with an interest and shall be irrevocable as long as any Obligations remain unsatisfied. Environmental Conditions of Property and Indemnity. Mortgagor warrants and represents to Bank, except as reported by Mortgagor to Bank in writing, that (i) Mortgagor has inspected and is familiar with the environmental condition of the property; (ii) the property and Mortgagor, and any occupants of the property, are in compliance with and shall continue to be in compliance with all applicable federal, state and local laws and regulations intended to protect the environment and public health and safety as the same may be amended from time to time (`Environmental laws"); (iii) the property is not and has never been used to generate, handle, treat store or dispose of, in any quantity, oil, petroleum products, hazardous or toxic substances , hazardous waste, regulated substances or hazardous air pollutants ("Hazardous Materials") in violation of any Environmental Laws; (iv) no Hazardous Materials (including asbestos, mold or lead paint in any form) are located on or under the property or emanate from the property; (v) there are no unregistered underground storage tanks on the property that are subject to any underground storage tank regulation laws or regulations; (vi) no notice has been received with regard ao any Hazardous Material on the property; (vii) no action, investigation or proceeding is pending or to Mortgagor's knowledge threatened which seeks to enforce any right or remedy against Mortgagor or the Property under any Environmental Law; and (vii) all licenses, permits and other governmental or regulatory actions necessary for the property to comply with Environmental Laws shall be obtained and maintained and Mortgagor shall assure compliance therewith. Further, Mortgagor represents to Bank that no portion of the property is a protected wetland. Mortgagor agrees to notify Bank immediately upon receipt of any citations, warnings, orders, notices consent agreements, process or claims alleging or relating to any violations of any Environmental Laws or to the environmental condition of the Property and shall conduct and complete all investigations and all cleanup actions necessary to comply with the Environmental Laws and to remove, in accordance with Environmental Laws, any Hazardous Material from the Property. Mortgagor shall indemnify, hold harmless, and defend Bank from and against any and all damages, penalties, fines, claims, suits, liabilities, costs, judgments an expenses including attorneys' consultants' or experts' fees of every kind and nature incurred, suffered by or asserted against Bank as a direct or indirect result of (i) representations made by Mortgagor in this Section being or becoming untrue in any material respect; (ii) Mortgagor's violation of or failure to meet the requirements of any Environmental laws; or (iii) Hazardous materials which, while the property is subject to this Mortgage, exist on the property. Bank shall have the right to arrange for or conduct environmental inspections or the property from time to time (including the taking of soil, water, air or material samples). The cost of such inspections made after Default or which are required by laws or regulations applicable to Bank shall be borne by Mortgagor. However, Mortgagor's indemnity shall not apply to any negligent or intentional act of Bank which takes place after foreclosure or satisfaction of this Mortgage. These indemnification 6 obligations are in addition to General Indemnification provisions set forth hereunder. Mortgagor's Obligations under this section shall continue, survive and remain in full force and effect notwithstanding the repayment of the Obligations, a foreclosure of or exercise of power of sale under this instrument, a delivery of deed in lieu of foreclosure, a cancellation or termination of record of this instrument and the transfer of the property. Appraisals. Mortgagor agrees that Bank may obtain an appraisal of the Property when required by the regulations of the Federal Reserve Board or the Office of the Comptroller of the Currency, or any other regulatory agency or at such other times as Bank may reasonably require. Such appraisals shall be performed by an independent third party appraiser selected by Bank. The cost of such appraisals shall be borne by Mortgagor. If requested by Bank, Mortgagor shall execute an engagement letter addressed to the appraiser selected by Bank. Mortgagor's failure or refusal to sign such an engagement letter, however, shall not impair Bank's right to obtain such an appraisal. Mortgagor agrees to pay the cost of such appraisal within 10 days after receiving an invoice for such appraisal. Inspections. Bank, or its representatives or agents, are authorized to enter at any reasonable time upon any part of the property for the purpose of inspecting the property and for the purpose of performing any of the acts it is authorized to perform under the terms of this Mortgage. Liens and Subrogation. Mortgagor shall pay and promptly discharge all liens, claims and encumbrances upon the property. Mortgagor shall have the right to contest in good faith the validity of any such lien, claim or encumbrance, provided: (i) such contest suspends the collection thereof or there is no danger of the property being sold or forfeited while contest is pending; (ii) Mortgagor first deposits with Bank a bond or other security satisfactory to Bank in such amounts as Bank shall reasonably require; and (iii) Mortgagor thereafter diligently proceeds to cause such lien, claim or encumbrance to be removed and discharged. Bank shall be subrogated to any liens, claims or encumbrances against Mortgagor or the property that are paid or discharged through payment by Bank or with loan proceeds, notwithstanding the record cancellation or satisfaction thereof. Waiver of Mortgagor's Rights. To the fullest extent permitted by law, Mortgagor waives the benefits of all laws now existing or that hereafter may be enacted providing for (i) any appraisement before sale of any portion of the property, (ii) in any way extending the time for the enforcement of the collection of the Note or the debit evidenced thereby or any of the other Obligations, and any rights to hearing prior to the exercise by Bank of any right, power or remedy herein provided to Bank. To the full extent Mortgagor may do so, Mortgagor agrees that Mortgagor will not at any time insist upon, plead, claim or seek to take the benefit or advantage of any law now or hereafter in force providing for any exemption (including homestead exemption), appraisement, valuation, stay, extension or redemption, and Mortgagor for themselves and their respective 7 heirs, devisees, representatives, successors and assigns, and for any and all persons claiming any interest in the Property, to the extent permitted by law, hereby waive and release all rights of valuation, appraisement, redemption, stay of execution, the benefit or all exemption laws, notice of election to mature or declare due the whole of the secured indebtedness and marshalling in the event of foreclosure of the liens hereby created. Mortgagor further waives any and all notices, including, without limitation, notice of intention to accelerate and of acceleration of the Obligations. Payments by Bank. In the event of default in the timely payment or performance of any of the Obligations, Bank, at its option and without duty on its part to determine the validity or necessity thereof, may pay the sums for which Mortgagor is obligated. Further, Bank may pay such sums as Bank deems appropriate for the protection and maintenance of the Property including, without limitation, sums to pay impositions and other levies, assessments or liens, maintain insurance, make repairs, secure the Property, maintain utility service, intervene in any condemnation and pay attorneys' fees and other fees and costs to enforce this Mortgage or protect the lien hereof (including foreclosure) or collect the Obligations, without limitation, including those incurred in any proceeding including Bankruptcy or arbitration. Any amounts so paid shall bear interest at the default rate stated in the Note and shall be secured by this Mortgage. Indemnification. Mortgagor shall protect, indemnify and save harmless Bank from and against all losses, liabilities, obligations, claims, damages, penalties, fines, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) (collectively, "Damages") imposed upon, incurred by or asserted or assessed against Bank on account of or in connection with, (i) the Loan Documents or any failure or alleged failure of Mortgagor to comply with any of the terms of, or the inaccuracy or breach of any representation in, the Loan Documents; (ii) the Collateral or any claim of loss or damage to the property or any injury or claim of injury to, or death of, any person or property that may be occasioned by any cause whatsoever pertaining to the Property or the use, occupancy, or operation thereof; (iii) any failure or alleged failure of Mortgagor to comply with any law, rule, or regulation applicable to it or ro the Property or the use, occupancy, or operation of the Property (including, without limitation, the failure to pay any taxes, fees or other charges), provided that such indemnity shall be effective only to the extent of any Damages that may be sustained by the Bank in excess of any net proceeds received by it from any insurance of Mortgagor (other than self-insurance) with respect to such Damages; (iv) any damages whatsoever by reason of any alleged action, obligation or undertaking of Bank relating to in any way or any matter contemplated by the Loan Documents; (v) any claim for brokerage fees or such other commissions relating to the Property or any other Obligations; or (vi) any and all liability arising from any leases related to the Property. Nothing contained herein shall require Mortgagor to indemnify Bank for any Damages resulting from Bank's gross negligence or its willful and wrongful acts. The indemnity provided for herein shall survive payment of the Obligations and shall extend to the officers, directors, employees and duly authorized agents of the Bank. In the event the Bank incurs any Damages arising out of or in any way relating to the transaction contemplated by the Loan Documents (including any of the matters referred to in this section), the amounts of such damages 8 shall be added to the Obligations, shall bear interest, to the extent permitted by law, at the interest rate borne by the Obligations from the date incurred until paid and shall be payable on demand. Assignment of Rents. Mortgagor hereby absolutely assigns and transfers to Bank all the leases, rents, issues and profits of the Property (collectively "Rents"). Although this assignment is effective immediately, so long as no default exists, Bank gives to and confers upon mortgagor the privilege under a revocable license to collect as they become due, but not prior to accrual, the Rents and to demand, receive and enfpore payment, giver receipts , releases and satisfactions, and sue in the name of Mortgagor for all such Rents. Mortgagor represents that there has been no prior assignment of leases or Rents, and agrees not to further assign such leases or Rents. Upon any occurrence of Default, the license granted to Mortgagor herein shall be automatically revoked without further notice to or demand upon mortgagor, and Bank shall have th a right, in its discretion, without notice, by agent or a receiver appointed by a court, and without regard to the adequacy or any security for the Obligations, (i) to enter upon and take possession of the property, (ii) notify tenants, subtenants and any property manager to pay Rents to Bank or its designee, and upon receipt of such notice such persons are authorized and directed to make payment as specified in the notice and disregard any contrary direction or instruction by Mortgagor, and (iii) in its own name, sue for or otherwise collect Rents, including attorneys' fees, to the Obligations in such order and manner as Bank may determine or as otherwise provided for herein. Bank's exercise of any one or more of the foregoing rights shall not cure or waive any Default or notice of default hereunder. Due on Sale or Further Encumbrance of Transfer of an Interest in Mortgagor. Without the prior written consent of Bank in each instance, Mortgagor shall not (i) sell, convey, transfer or encumber the Property, or any part thereof or interest therein, whether legal or equitable, (ii) cause or permit any transfer of the Property or any part thereof, whether voluntarily or involuntarily or by operation of law, or (iii) enter into any agreement or transaction to transfer or accomplish in form or substance a transfer, of the Property. A "transfer" of the Property includes: (a) the direct or indirect sale, transfer or conveyance of the Property or any portion thereof or interest therein; (b) the execution of an instrument of sale contract or similar instrument affecting all of any portion of the Property; (c) if Mortgagor or any general partners or member of Mortgagor, is a corporation, partnership, limited liability company or entity, including, without limitation, changes in stockholders, partners, members, managers, trustees or beneficiaries, or their respective interests; (d) if Mortgagor, or any general partner or member of Mortgagor is a corporation, the creation or issuance of new stock by which an aggregate of more than 10% of such corporation's stock shall be vested in a party or parties who are not now stockholders; and (e) an agreement by Mortgagor leasing all or a substantial part of the Property for other than actual occupancy by a space tenant thereunder or a sale, assignment or other transfer or the grant of a security interest in and to any Leases. Bank's consent to any conveyance or encumbrance may be conditioned upon an increase in the interest rate specified in the Note (or other Obligations), an extension or curtailment of the maturity of the Obligations, or other modifications of the Note or this instrument. 9 Remedies of Bank on Default. Failure of Mortgagor or any other person liable to timely pay or perform any of the Obligations is a default ("Default") under this Mortgage. Upon the occurrence of Default, the following remedies are available, without limitation, to Bank: (I) Bank may exercise any or all of Bank's remedies under this Mortgage or other Loan Documents including, without limitation, acceleration of the maturity of all payments and Obligations, other than Obligations under any swap agreements (as defined in 11 U.S.C. § 101 as in effect from time to time) with Bank or any of its affiliates, which shall be due in accordance with and governed by the provisions of said swap agreements; (ii) Bank may take immediate possession of the Property or any part thereof (which Mortgagor agrees to surrender to Bank) and manage, control or lease the same to such persons and at such rental as it may deem proper and collect and apply Rents to the payment of. (a) the Obligations, together with all costs and attorneys' fees; (b) all impositions and any other levies, assessments or other liens which may be prior in lien or payment of the Obligations, and premiums for insurance, with interest on all such items, and (c) the cost of all alterations, repairs replacements and expenses incident in taking and retaining possession of the property and the management and operation thereof; all in such order or priority as the Bank in it sole discretion may determine. The taking of possession shall not prevent concurrent or later proceedings for the foreclosure sale of the Property; (iii) Bank may apply to any court of competent jurisdiction for the appointment of a receiver for all purposes including, without limitation, to manage and operate the Property or any part thereof, and to apply the Rents therefrom as hereinaabove provided. In the event of such application, Mortgagor consents to the appointment of a receiver, and agrees that a receiver may be appointed without such notice to Mortgagor, without regard to whether Mortgagor has committed waste or permitted deterioration of the Property, without regard to the adequacy of any security for the Obligations, and without regard to the solvency of Mortgagor or any other person, firm or corporation who or which may be liable for payment of the Obligations; (iv) Bank may exercise all the remedies of a mortgagee as provided by law and in equity including, without limitation, foreclosure upon the Mortgage and sale of the Property, or any part of the Property, at public sale conducted according to applicable law (referred to as "Sale") and conduct additional sales as may be required until all of the Property is sold or the obligations are satisfied.; (v) With respect to any portion of the Property governed by the UCC, Bank shall have all of the rights and remedies of a secured party thereunder. Bank may elect to foreclose upon any Property that is fixtures under law applicable to foreclosure of interests in real estate or law applicable to personal property; (vi) Bank may bid at Sale and may accept, as successful bidder, credit of the bid amount against the Obligations as payment of any portion of the purchase price; and (vii) Bank shall apply the proceeds of Sale, first to any fees or attorneys fees permitted by law in connection with Sale, second to expenses of foreclosure, publication, and sale permitted by Bank by law in connection with Sale, third to the Obligations, any remaining proceeds as require by law. Miscellaneous Provisions. Mortgagor agrees to the following: (i) All remedies available to Bank with respect to this Mortgage or available at law or in equity shall be cumulative and may be pursued concurrently or successively. No delay by Bank in exercising any remedy shall operate as a waiver of that remedy or of any Default Any payment by Bank or acceptance by Bank of any partial payment shall not constitute a waiver by Bank of any Default; (ii) Mortgagor 10 represents that Mortgagor (a) is (1) an adult individual and is sui 'uris or (2) a corporation, general partnership, limited partnership, limited liability company or other legal entity, duly organized, validly existing, and in good standing under the laws of its state of organization, and is authorized to do business in each other jurisdiction wherein its ownership of property or conduct of business legally requires such organization; (b) has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated; and (c) has the power and authority to execute, deliver and perform, and by all necessary action has authorized the execution, delivery and performance of all of its obligations under this Mortgage and any other Loan Document to which it is a party. (iii) The provisions hereof shall be binding upon and inure to the benefit of Mortgagor, its heirs, personal representatives, successors and assigns, including, without limitation, subsequent owners of the property or any part thereof and shall be binding upon and inure to the benefit of Bank its successor and assigns and any future holder of the note or other obligations; (iv) Any notices, demands, or requests shall be sufficiently given to Mortgagor if in writing and mailed or delivered to the address of Mortgagor shown above or to another address as provided herein and to Bank if in writing and mailed or delivered to Wachovia Bank, National Association, Mail Code VA 7626, P.O. Box 13327, Roanoke, VA 24040 or Wachovia Bank, National Association, Mail Code VA 726, 10 South Jefferson Street, Roanoke, VA 24011, or such other address as Bank may specify from time to time and in the event that Mortgagor changes Mortgagor's address at any time prior to the date the Obligations are paid in full, that party shall promptly give written notice of such change of address by registered or certified mail, return receipt requested, all charges prepaid. Notices to Bank must include the mail code. (v) This Mortgage may not changed, terminated, or modified orally or in any manner other than by an instrument in writing signed by the parties hereto; (vii) All references to "Bank" shall mean to "Bank (for itself and its affiliates)"; (vii) The captions or headings at the beginning of each paragraph hereof are for the convenience of the parties and are not part of this Mortgage; (vii) If the lien of this Mortgage is invalid or unenforceable as to any part of the Obligations, the unsecured portion of the Obligations shall be completely paid (and all payments made shall be deemed to have first been applied to the payment of th unsecured portion of the Obligations) prior to payment of the executed portion of the Obligations and if any clause, provision, or obligation hereunder is determined invalid or unenforceable the remainder of this Mortgage shall be construed and enforced as if such clause, provision or obligation had not been contained herein; (ix) This Mortgage shall be governed by and construed under the laws of the jurisdiction where the Mortgage is recorded; (x) Mortgagor by execution and Bank by acceptance of this Mortgage agree to be bound by the terms and provisions hereof. LIMITATION ON LIABILITY: WAIVER OF PUNITIVE DAMAGES. EACH OF THE PARTIES HERETO, INCLUDING BANK BY ACCEPTANCE HEREOF, AGREES THAT IN ANY JUDICIAL, MEDIATION OR ARBITRATION PROCEEDING OR ANY CLAIM OR CONTROVERSY BETWEEN OR AMONG THEM THAT MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE LOAN DOCUMENTS OR ANY OTHER AGREEMENT OR DOCUMENT BETWEEN OR AMONG THEM OR THAT MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH THIS 11 AGREEMENT, THE LOAN DOCUMENTS OR ANY OTHER AGREEMENT OR DOCUMENT BETWEEN OR AMONG THEM OR THE OBLIGATIONS EVIDENCED HEREBY OR RELATED HERETO, IN NO EVENT SHALL ANY PARTY HAVE A REMEDY OF, OR BE LIABLE TO THE OTHER FOR, (1) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (2) PUNITIVE OR EXEMPLARY DAMAGES. EACH OF THE PARTIES HEREBY EXPRESSLY WAIVES ANY RIGHT OR CLAIM TO PUNITIVE OR EXEMPLARY DAMAGES THEY MAY HAVE OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH ANY SUCH PROCEEDING, CLAIM OR CONTROVERSY, WHETHER THE SAME IS RESOLVED BY ARBITRATION MEDIATION, JUDICIALLY OR OTHERWISE. FINAL AGREEMENT. This Agreement and the other Loan Documents represent the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreement of the parties. There are no unwritten oral agreements between the parties. CONFESSION OF JUDGMENT FOR POSSESSION. FOR THE PURPOSE OF OBTAINING POSSESSION OF THE PROPERTY UPON THE OCCURRENCE OF ANY DEFAULT, MORTGAGORS HEREBY AUTHORIZES AND EMPOWERS ANY COURT OF ANY RECORD, IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, AS ATTORNEY FOR MORTGAGOR, AS WELL AS FOR THE PERSONS CLAIMING UNDER, BY OR THROUGH MORTGAGOR, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST MORTGAGOR AND ALL PERSONS CLAIMING UNDER, BY OR THROUGH MORTGAGOR, IN FAVOR OF BANK FOR THE RECOVERY BY BANK OF POSSESSION OF THE PROPERTY, FOR WHICH THIS MORTGAGE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE A SUFFICIENT WARRANT; WHERE UPON A WRIT OF POSSESSION OF THE PROPERTY MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER AND WITHOUT STAY OF EXECUTION, MORTGAGOR HEREBY RELEASING AND AGREEING TO RELEASE BANK AND ANY SUCH ATTORNEY FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER IN ENTERING SUCH ACTION OR JUDGMENT OR IN CAUSING SUCH WRIT OR PROCESS TO BE ISSUED OR IN ANY PROCEEDING THEREON OR CONCERNING THE SAME, PROVIDED THAT BANK SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT MADE ON BANK'S BEHALF SETTING FORTH THE FACTS NECESSARY TO AUTHORIZE THE ENTRY OF SUCH JUDGMENT ACCORDING TO THE TERMS OF THIS INSTRUMENT, OF WHICH FACTS SUCH AFFIDAVIT SHALL BE PRIMA FACIE EVIDENCE. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER ANY SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR BE TERMINATED, OR POSSESSION OF THE PROPERTY REMAIN IN OR BE RESTORED TO MORTGAGOR OR ANYONE CLAIMING UNDER, BY, OR THROUGH MORTGAGOR, BANK MAY, WHENEVER AND AS OFTEN AS BANK SHALL HAVE THE RIGHT TO TAKE POSSESSION AGAIN OF THE PROPERTY, BRING ONE OR MORE FURTHER ACTIONS IN THE MANNER HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF THE PROPERTY AND TO CONFESS JUDGMENT 12 THEREON AS HEREINABOVE PROVIDED, AND THE AUTHORITY AND POWER ABOVE GIVEN TO ANY SUCH ATTORNEY SHALL EXTEND TO ALL SUCH FURTHER ACTIONS IN EJECTMENT AND CONFESSION OF JUDGMENT THEREIN AS HEREINABOVE PROVIDED WHETHER BEFORE OR AFTER AN ACTION OF MORTGAGE FORECLOSURE IS BROUGHT OR OTHER PROCEEDINGS IN EXECUTION ARE INSTITUTED UPON THIS MORTGAGE OR ANY INSTRUMENT THEN EVIDENCING ANY OF THE OBLIGATIONS, AND AFTER JUDGMENT THEREON OR THEREIN AND AFTER A JUDICIAL SALE OF THE PROPERTY. WAIVER OF JURY TRIAL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MORTGAGOR BY EXECUTION HEREOF AND BANK BY ACCEPTANCE HEREOF, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS DEED, THE LOAN DOCUMENTS OR ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONNECTION WITH THIS DEED, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY WITH RESPECT HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT TO BANK TO ACCEPT THIS DEED. MORTGAGOR AND BANK AGREE THAT THEY SHALL NOT HAVE A REMEDY OF PUNITIVE OR EXEMPLARY DAMAGES AGAINST THE OTHER IN ANY DISPUTE AND HEREBY WAIVE ANY RIGHT OR CLAIM TO PUNITIVE OR EXEMPLARY DAMAGES THEY HAVE NOW OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH ANY DISPUTE WHETHER THE DISPUTE IS RESOLVED BY ARBITRATION OR JUDICIALLY. 13 IN WITNESS WHEREOF, Mortgagor has signed and sealed this instrument as of the day and year first above written. Mortgagor BPC Partners, a Pennsylvania Partnership By:/,?" (SEAL) ala __ J. Reinhart, General Partner By. (SEAL) e ise G. Reinhart, eneral Partner 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0,Q1)011141 SS LIMITED LIABILITY PARTNERSHIP ACKNOWLEDGMENT I certify that before me appeared this day Nicholas G. Reinhart, a person known to me, who after being sworn said he is general partner of BPC PARTNERS, a Pennsylvania partnership, and is duly authorized to act on behalf of said Partnership, and being informed of the contents thereof, acknowledged execution of the foregoing instrument on behalf of said Partnership Witness my hand and official seal this 7th day of March, 2008. Notary Public My commission Il1QNWEALTH OF PENNSYLVANIA NOTARIAL SEAL COMMONWEALTH OF PENNSYLVANIA Patricia Brandenberger, Note ry Public SS Berrysburg Boro, Dauphin County My Commission Expires July 10, 2011 COUNTY OF 04aP H/A/ Member, Pennsylvania AMON of Now* LIMITED LIABILITY PARTNERSHIP ACKNOWLEDGMENT I certify that before me appeared this day Denise G. Reinhart, a person known to me, who after being sworn said he is general partner of BPC PARTNERS, a Pennsylvania. partnership, and is duly authorized to act on behalf of said Partnership, and being informed of the contents thereof, acknowledged execution of the foregoing instrument on behalf of said Partnership Witness my hand and official seal this 7th day of March, 2008. Ci Z Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Patricia Brandenberger, Notary Public Berrysburg Boro, Dauphin County My Commission Expires July 10, 2011 MW W, Pennsylvania AssooOm of 15 OM Carl" Pke Lot No. 1,18 and 1C ON ah_-p - . PA 17060 CunbwiwW, PA 17060 EXHIW A TUC !D. L 311M ii6ifaaai•?1tcJl?lq! ?. alp irlf?'lwrr?,a? 3barNy,;?, libM ? ?? boumad a d y?aaMMpe • ?M` t'l?Mi! . atp? Qiy e. =Bnmm M. aba salt (M 014)1 sL so mccooft =-.0% cu b feet at s M111? b! , chm 3? al !1 w : p •aaa? thm! ?? . f? ? .00 a a! V ' Vlsnia? : a =2.27 L'rt 1.4 soft Zum Oi del=sy? .-War wow dkloNM, " 4k& - Rion" 6& VIa in ? Ufa 08• n* w : ?? • ire eo a ?• ?r0 Rat N a! !?i?. M ?' a j !i ?? a?.ri.!'?'?"eV3..` ?' a?.r>r? Vaal alr ?rtt tt>,. ? a .1w we riot ` ?Re li?aat, t of min tta-i uadae Man Ldw fair swqW 'ad br . BMW ?? : ?oaada sa : ?. VVtiat e! ILLM r swupwiao) r 942PG2056 . car#.... WAIT jo. a !Moe a wr alarm 1 st • a d ia0a1m of I0.00.260t• to right a vedim of i ti?a a on" to am 3? ?liwai p NewMs to a t.aiacs Apr ?•54 siarM`rr a WWI sft* soft, a ',3griR• a?0' mar w to a emosaft nods ?ariw L a i Uoft d a d Wt, ti 1?• aa?iti dL bo as ?aE . rt do* to a ?0, ?¦•? a 0a a 0016r-,d N.. N a! ?`' s 37.93 thaw :aalrt? M"A 3g: 2..A. 09 4i j ,` i' » AM a tea' dpi ?LMt to s i= ° AL_ 6 ' f >> wfinei?dl ?i? ileri? 49 tba¦rf ale • * g r! 0 06 lyre to a 20 ort i now& sa a dlaR¦?e?t at qd.y irre to a O?s'!i d SWIM ovoww aba. 0.0 mom ju. 9re:?? a • • «•1d Drlds ija A? a osE MWAR W? WAR-se, saw M. 1942PG2057 Cont...... 4ri?n ' • t ' 3'• !A of Ja 4T-4i OIL MmiQ Af an Mw AIM ?! 'Ki ... .1S'ie et ?m4 L&? t co , . ?rilL 14s+tL 7i • *.., e awed ?f raateb ??suipl??'N w? eta . ts+fe = A AA CO the AT fte br Is • ri mac ?a 111rd,MS - e`Mt A•/e :rt,aad ? 7s, alOlk io Maw '? ? ? S ? r !a PUM .20h as, Yo. BXZW iA a•MMt narta? MMM6 a,c !S. •?MM ?u?i? g Anita s • ? ? ?i ?, ?C?t g? 2 P"G 2 858 EXHIBIT TRACT NO.1 ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Peuusylv"* located at the intersection, of the Carlisle Pike (SR 0011) and Commerce Drive (T-548), more fully bounded and described as follows: BEGINNING on the Southerly legal right-of-way One of Carlisle Pike (SR 0011); thence along said right of-way North 67 degrees 08 minutes 30 seconds East a distance of 281.33 feet to a carve to the right having a radius of 5682.63 feet, a length of 9.42 feet and a deltpoint; thence &bag a a of 00 degrees 05 minutes 42 seconds to a point; thence along lands of Woods Drive minutes 30 seconds East a distance of 698.43 feet to a t' . thence Associates Lot 1B, South Z2 degrees 51 Partners LP South 49 1? along lands of American Sedona Partners the degrees 38 minutes 56 seconds West a dbb aee of 185.94 feet to a point; thence along right-of-way of Commerce Drive (T348) North 40 degrees 21 minutes 04 seconds West a distance of 327.09 feet to a point; thence along said right-of-way North 49 degrees East a distance of 5.00 feet to a point;, thence comtinnin along said right-of-way 38 a cur es 56 seconds having a radius of 970.00 feet, a tangent of 149.23 fee 4 ? along a curve to the right t' ?" of 296.15 feet and a delta of 17 degrees 29 minutes 34 seconds to a point; thence North 22 degrees feet to a point; thence 51 minutes 30 ?? West a distance of 124.30 along said right-of-way along a curve to the right having a radius of 25.00 feet, a tangent of 25.00 feet, a length of 39.27 feet and a delta of 90 degrees 00 minutes 00 seconds to a point being the point of BEGINNING: BEING Lot #1 on a Subdivision Plan for Wood's Drive Associa Grabic, Inc., Engineering & Related Services, ? Prepared by 8erfiert, Rowland & of Deeds in and for Cumberland County recorded December 19' 2002 in the Office of the Recorder in Plan Book 86, Page 70. BEING Parcel No. 38-07-0459-125 TRACT NO.2 ALL THAT CERTAIN tract of land situate in Silver Spring Towns Pennsylvania, located approximately 350 feet South of the intersection Car Cumberland County, Commerce Drive , on of the Carlisle Pike (SR 0011) and (T 548) more fully bounded and doffed as follows: BEGINNING on the Southerly legal right-of-way Use of Carlisle Pike (SR 0011); thence along said right of-way along a carve to the right having a radius of 56$2.63 lee 4 length degrees 39 minutes 27 seconds to a point; thence costbMS? ?? ? said of 65.21 feet and a delta of 00 06 minutes 21 seconds West a distance of 10.00 feet to a right-of-way lice North 22 degrees radius of 5692.64 ( a tan point; thence along a curve to the right having a gent of 113.34 feet, a length of 226.65 feet and a delta of 02 degrees 16 minutes 52 seconds to a point; thence along lands of Eugene H. Potteiger South 22 seconds East a distance of 183.58 feet to a point; thence along said lands North 70 d?? 54 mates 34 seconds East s distance of 164.50 feet to s 35 minutes 26 point; thence along lands of Woods Drive Associates Lot IC K-1942-S-2059 South 72 degrees 47 minutes 19 seconds East a distance of 9357 feet to a Albert L. Gaskin South 32 degrees 54 minutes 34 seconds East a distance of 11point; thence along lauds of 4.08 feet to a point; thence along a curve to the right having a radius of 50.00 feet, a tangent of 19.70 feet, a length of 37.53 feet and a delta of 43 degrees 00 minutes 27 seeds to a point; thence minutes Sl seconds West a distance of 13.84 feet boa along saki lauds ?°? 74 degrees 20 l minutes 09 seconds East a distance of 229.08 feet to a?point; thence ? thence along said (ands South 32 degrees 57 Partners LP South 49 degrees 38 minutes 56 seconds West a distance of 576-06 fed ?? Sedon along lands of Woods Drive Associates Lot 1 North 22 degrees fit' thence 698.43 feet to a point being the point of BEGINNING. 51 minutes 30 seconds West a distance of Being Lot #111 on a Subdivision Plan for Wood's Drive Associates, prepared b Herbert, Grubic, Inc., Engineering & Related Services, recorded December 19, 2002 in the Office of ?rd of Deeds in and for Cumberland County in Plan Book 86, Page 70. BEING Parcel no. 38-07-0459-126 TRACT NO.3 ALL THAT CERTAIN tract of land, Situate in Silver Spring Township, Cumberland County, Pennsylvania, located approximately 760 feet South of the Intersection of the Carlisle Pike (SR 0011) and Commerce Drive (T-548),, more fully bounded and described as follows: BEGINNING on the Southerly legal right-of-way line of Carlisle Pike (SR 0011); thence aloe said of-way along a carve to the right having a radius of 5692.64 f a tan g ?t feet and a delta of Ol? il?t of 91.53 feet, a length of 183.03 degree 50 minutes 32 seconds to a point; thence along said right-of-way lade North 13 degrees 56 minutes 30 seconds West a distance of 8.38 feet to a point; thence North 76 degrees 03 minutes 30 seconds East a distance of 371.30 feet to a point; thence stiong lands of Albert L. Gaddn South 20 degrees 53 minutes 03 seconds East a distance of 229.77 feet to a point; thence along said lands South 28 degrees 27 minutes 51 seconds West a distance of 6.71 feet to a point thence along said hods South 74 degrees 20 minutes 51 seconds West a distance of 436.27 feet to a point; thence along lands of Woods Drive Associates Lot 1B North 72 degrees 47 minutes 19 seconds West a distance of 93.57 feet to a point; thence along lands of Eugene H. Potteiger North 32 degrees 54 minutes 34 seconds West a distance of 187.86 feet to the place of BEGINNING. BEING Lot 1C on a Subdivision Plan of Wood's Drive Associates, Grabic, Inc., Engineering & Related Servi Prepared by Herbert, Rowland & of Deeds in and for Cumberland County in Plan recorded December gr 19, 2002 in the Of[ice of the Recorder BEING Parcel No. 3807-0459-040 BEING the same premises which WOOD'S DRIVE ASSOCIATESA, PARTNERSHIP, by Indenture bearing date 12/20!2002 and recorded IZ123/2002 in theAOH[ce oGENERAL Recorder of Deeds, in and for the County of CUMBERLAND in Deed Book 255 page 290 etc., granthe ted and conveyed unto BPC PARTNERS, A PENNSYLVANIA PARTNERSW 9 in fee, T Certify this to be rc l n Cumberland Coo; . t, R V- 421 . ID ??'? ^r n•hil .. 4 .. V ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200807149 Recorded On 3/10/2008 At 2:29:49 PM * Instrument Type - MORTGAGE Invoice Number -16042 User ID - KW * Mortgagor - BPC PARTNERS * Mortgagee - WACHOVIA BANK N A * Customer - MATTIONI LTD * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $43.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $70.50 * Total Pages - 21 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA f RECORDER O/D;?DS rmo * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOJEH 11111111111111111111111 t . ---1 REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. IV6 7.7 c w? ? -ft<? VERIFICATION Patrick McGovern hereby states that he is a Senior Vice President of Wachovia Bank, National Association and verifies that the statements made in the foregoing Complaint In Confession Of Judgment For Possession are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made therein are made subject to penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. c . -- 1 44-z-?9 Patrick McGov Senior Vice President Dated: November Wachovia Bank, National Association Id,, 2008 V ? +q V C? .P' O ry f ;" "ti: REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, Plaintiff, VS. BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NOTICE C Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION FOR POSSESSION has been entered against you in the above-captioned proceeding. Copies of all documents that have been filed with the Prothonotary in support of the Confession of Judgment are attached hereto. If you have any questions concerning this Notice, please call Matthew E. Tashman, Esquire, at (215) 851-8100. PROTHONOTARY REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CUMBERLAND COUNTY 123 South Broad Street Philadelphia, PA 19109, Plaintiff, vs. BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. ENTRY OF JUDGMENT BY CONFESSION FOR POSSESSION Pursuant to the Complaint in Confession of Judgment filed in the within action and the Warrants of Attorney attached thereto, judgment in ejectment is hereby entered against the Defendant and in favor of the Plaintiff for possession of the real property described as follows: • That certain tract of land Situate in Silver Spring Township, Cumberland County, Pennsylvania being Parcel No. 38-07-0459-125; • That certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania being Parcel No. 38-07-0459-126; and • That certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania being Parcel No. 38-07-0459-040. 2 ow -b PROTHONOTARY r_:.? REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY No, osr- 6 7 BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of the Plaintiff, Wachovia Bank, National Association, and enter judgment for possession in favor of Plaintiff and against the Defendant. A Dated: November a, 2008 REED SMITH LLP By: MattE. ashm , E quire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) Attorneys for Wachovia Bank, National Association 2 na j7-t r C? a 'r ?_ mow. `._? t 3 ,, G REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. A /0 0 ? 6 77 l C?v? / Ttli?c. /Y CERTIFICATION OF ADDRESS Patrick McGovern, a Senior Vice President of Wachovia Bank, National Association, certifies, to the best of his knowledge, information and belief, that the present address of the Plaintiff, Wachovia Bank, National Association is 123 South Broad Street, Philadelphia, Pennsylvania 19109; and that, to the best of his knowledge, information and belief, the last known address of the Defendant is 4150 Chambers Hill Road, Swatara, Pennsylvania 17111. November 2008 Patrick McGove Senior Vice President Wachovia Bank, National Association ra O . " FT 1 1 _. OW ?-+ REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. : ? o 6 ?-- 6-771 cov, / AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA Patrick McGovern, being duly sworn according to law, deposes and says that he is a Senior Vice President of Wachovia Bank, National Association and that he is duly authorized to make this Affidavit on behalf of the Plaintiff, and that, to the best of his knowledge, information i '01+ and belief, the Defendant is not in the military service of the United States of America. a-5;19- Patrick McGoverfi Senior Vice President Wachovia Bank, National Association STATE OF PENNSYLVANIA ) COUNTY OF PHILADELP IA ) On this day o OV bel? before me personally appeared Patrick McGovern, to me known and own to me to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. In Witness Whereof, I hereunto set my hand and seal this?02? of November, 2008. D?KY Notary P(Ablict/ COIvIlNONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Donna A. Deprinzio, Notary Public City of Philadelphia, Philadelphia County My commission expires may 22, 2011 -2- - - REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, vs. BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY ?7 C`v• l `few Defendant. AFFIDAVIT OF COMMERCIAL TRANSACTION COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA Patrick McGovern, being duly sworn according to law, deposes and says that he is a Senior Vice President of Wachovia Bank, National Association; that he is a duly authorized representative of Plaintiff; that the underlying transaction relative to this Complaint In ! '- Y Confession Of Judgment For Possession is a commercial transaction to the best of his knowledge, information and belief. Patrick McGov?rn Senior Vice President Wachovia Bank, National Association STATE OF PENNSYLVANIA ) COUNTY OF PHILADELPHIA) Mm? 6?v On thi day of-Aete6er, 2008, before me personally appeared Patrick McGovern, to me known anAiwn to me to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. In Witness Whereof, I hereunto set my hand and seal this 'd of November, 2008, Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Donna A. Deprinzio, Notary Public City of Philadelphia, Philadelphia County My commission expires May 22, 2011 r -2- - n py ?-? C-D ': V -ft REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, vs. BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Plaintiff, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA 1i6. 6 e- 6 771 cowl ?itf^ SS. Patrick McGovern, being duly sworn according to law, deposes and says that he is a Senior Vice President of Wachovia Bank, National Association and that he is duly authorized to make this affidavit on behalf of Plaintiff; that the facts set forth in the foregoing Complaint In Confession Of Judgment for Possession are true and correct to the best of his information and belief; and that the Mortgage (as defined in the Complaint) which is attached as an Exhibit to the 0 10-0 Complaint In Confession Of Judgment For Possession is a true and correct copy of the original executed by the Defendant. Patrick McGove Senior Vice President Wachovia Bank, National Association STATE OF PENNSYLVANIA ) COUNTY OF PHILADELPHIA ) On this day of 4WO2'008, before me personally appeared Patrick McGovern, to me known and own to me to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. 4 In Witness Whereof, I hereunto set my hand and seal this day of November, 2008. Amolf, ? /v?G? Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Donna A. Deprinzio, Notary Public City of Philadelphia, Philadelphia County M commission expires May 222 2011 2 te`' C r -' Lk ( (z) C REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, vs. Plaintiff, BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY „rb? ?Y b`77/ AFFIDAVIT OF INCOME COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. Patrick McGovern, being duly sworn according to law, deposes and says that he is a Senior Vice President of Wachovia Bank, National Association; that he is a duly authorized representative of Plaintiff; and that, to the best of his knowledge, information and belief, the income of the Defendant is in excess of $10,000 per year. Patrick McGove Senior Vice President Wachovia Bank, National Association STATE OF PENNSYLVANIA ) COUNTY OF PHILADELPHIA) 110 On this ?Zja?y of , 2008, before me personally appeared Patrick McGovern, to me known and to me to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the samfay In Witness Whereof, I hereunto set my hand and seal thisp of November, 2008. A Gf/ Notary u c COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL FDonna A. DVrinzio, Notary Public of Philadelphia, Philadelphia County ommission expires May 22, 2011 i -2- w cim ?C v3 -- )y E_. S G -C REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CUMBERLAND COUNTY 123 South Broad Street Philadelphia, PA 19109, Plaintiff, ?61-- 0V «'l VS. BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. AVERMENT OF DEFAULT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA Patrick McGovern, being duly sworn according to law, deposes and says that he is a Senior Vice President of Wachovia Bank, National Association; that he is a duly authorized representative of Plaintiff; that the Defendant executed the Mortgage (as defined in the Complaint), a true and correct copy of which is attached to the Complaint; that the Defendant is in default under the Mortgage. //4t Patrick McGovern Senior Vice President Wachovia Bank, National Association STATE OF PENNSYLVANIA ) COUNTY OF PHILADELPHIA) v A` On this day Od 2008, before me personally appeared Patrick McGovern, to me known and down to me to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. In Witness Whereof, I hereunto set my hand and seal this day of November, 2008. / Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARl? SEAL Public Donna A. Deprinzio, Notary City of Philadelphia, Philadelphia County lvI comom on ex irea May 22, 2011 -2- `'o rs rt? ? ?? ? ? .c ?, h ?? "' . "?? ?., REED SMITH LLP By: Matthew E. Tashman, Esquire Identification No. 67036 Jennifer P. Knox, Esquire Identification No. 206298 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7396 (215) 851-8100 (215) 851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION 123 South Broad Street Philadelphia, PA 19109, Plaintiff, vs. BPC Partners 4150 Chambers Hill Road Swatara, PA 17111, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 4 6?-_6?-2 / av)/ 4&^ AFFIDAVIT OF NONAPPLICABILITY OF GOODS AND SERVICES INSTALLMENT SALES ACT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA Patrick McGovern, being duly sworn according to law, deposes and says that he is a Senior Vice President of Wachovia Bank, National Association and that he is a duly authorized representative of Plaintiff; that the Complaint In Confession Of Judgment For Possession does not arise out of a retail installment sale, contract, or account, as defined under the Goods and Services Installment Sales Act, 69 Pa. Stat. Ann. § 1101, et seg.; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. STATE OF PENNSYLVANIA ) Patrick McGove Senior Vice President Wachovia Bank, National Association COUNTY OF PHILADELPHIA ) On this day of e?lr, 2008, before me personally appeared Patrick McGovern, to me known and known to me to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. In Witness Whereof, I hereunto set my hand and seal this ay of November, 2008. Notary P lic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Donna A. Deprinzio, Notary Public City of Philadelphia, Philadelphia County M commission expires May 22, 2011 -2- ra ro ma r? Jennifer P. Knox, Esquire 1650 Market Street 2500 One Liberty Place Philadelphia, PA 19103 215-851-8100 Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Wachovia Bank, National Association V. BPC Partners COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. Case No.: 08-6771 AFFIDAVIT OF SERVICE I,i''i h Jd h So+'1 , being duly sworn according to law upon my oath, depose and say, that I am not a party to this action, am over 18 years of age and have no direct personal interest in this litigation. On l I o at 311-5- AM A3! , I served the within Complaint in Confession of Judgment on BPC Partners, Defendant.. / / ,o Said service was effected at C ha rnjrC 14,11 4c/ , / ,frl-i 71/ in the following manner: 9 Personally served. Adult family member with whom said Defendant resides. Relationship is Adult in charge of Defendant's residence who refused to give name and/or relationship. Manager/Clerk of place of lodging in which Defendant resides. Agent or person incharge of Defendant's office or usual place of business. 11 / an officer of said Defendant's company. Other: ?sr Stf ??d. Addl Comments: 14 dv-t e5s- i t h a 7 e 1/ j C o t' -& 1 oct (Can't Boss rP usr a a??P? Ecru, cc. Description of person process was left with: Sex: Skin: Hair: Age: Height: Weight: X qj?L? Signed anfl sworn to before mgon Print Name) fir; n J? h Sah this day of oar rn m7 on , 20 17 ?. Dennis Richman Services for the Professional, Inc. G` 1500 JFK Boulevard, Suite 1706 Philadelphia, PA 19102 215.977.9393 Not Public 11111111111111111111111111111111111 COMMONWEALTH OF PENNSYLVANIA 1424 4° Notarial Seal John F. Shinkowsky, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Sept. 28, 2010 Member, Pennsylvani2 Association of Notaries C3 ? _ °° }? ? .. - .. }' Jennifer P. Knox, Esquire (Bar#:206298) 1650 Market Street 2500 One Liberty Place Philadelphia, PA 19103 215-851-8100 Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Wachovia Bank, National Association V. Case No.: 08-6771 BPC Partners AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. I, Thomas Crean, Jr., being duly sworn according to law upon my oath, depose and say, that I am not a party to this action, am over 18 years of age and have no direct personal interest in this litigation. On 12/08/2008 at 5:50 PM, I served the within Notice Under Rule 2973.2 of Judgment & Execution;Entry of Appearance;Complaint in Confession of Judgment on BPC Partners c/o Nicholas Reinhart, Defendant. Said service was effected at 515 N. Reading Rd., Ephrata, PA in the following manner: By delivering thereat a true copy to BPC Partners c/o Nicholas Reinhart and informing him/her of the contents. Description of person process was left with: Sex: Male - Skin: Caucasian - Hair: Brown - Age: 52 - Height: 5'8" - Weight: 230 I hereby affirm that the information contained in the Affidavit of Service is true and correct. This affirmation is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. sworn to f re e o day of , 20 Ndtagal Seyl Regina A. Richman, Notary Public Falls Twp., Bucks County My Commission Expires: December 12, 2009. Thomas Crean, Jr. Dennis Richman Services for the Professional, Inc. 1500 JFK Boulevard, Suite 1706 Philadelphia, PA 19102 215.977.9393 1111111111111111111111111111111111 13253 r-5 p -n N c.n rv. t?