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Home My WebLink About08-7179INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. APPALACHIAN PROPERTIES, LLC, ROLAND E. SNYDER and SHIRLEY E. SNYDER, Defendants NO. ?? - '7179 4; CIVIL ACTION -LAW CONFESSION OF JUDGMENT Pursuant to the authority cont4ined in the Loan Documents, as defined in the Complaint filed in the above captioned case and evidenced by Exhibits A & B to said Complaint, we appear for Defendants, Appalachian Properties, LLC, Roland E. Snyder and Shirley E. Snyder, and confess judgment against them in favor of Plaintiff, Integrity Bank, as follows: Principal: Accrued Interest: $86,506.68 918.21 Late Fees 218.10 Attorney Fees (10% commission): 8,742.49 Total: $96,385.48* *along with interest accruing at the per diem rate of $15.03 after December 5, 2008 until paid in full, plus costs. Date: December 8, 2008 McNEES WALLACE & NURICK LLC r--? By 1941); Clayton W. idson PA Attorney .D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsonOamwn.com Attorneys for Plaintiff, Integrity Bank Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson&)mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. APPALACHIAN PROPERTIES, L LC, ROLAND E. SNYDER and SHIR EY E. SNYDER, Defendants I!, CIVIL ACTION - LAW COMPLAINS FOR CONFESSION OF JUDGMENT Plaintiff, Integrity Bank, by? and through its undersigned counsel, hereby files this Complaint for Confession of Jud ent pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: I . Plaintiff, Integrity Bank (the "Bank"), is a Pennsylvania banking institution doing business at 3345 Market Street, C?mp Hill, Cumberland County, Pennsylvania, 17011. G alachi Properties, LLC (the "Company"), is a Pennsylvania 2, Defendant, App limited liability company having a place of business located at 319 Liberty Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendants, Roland E,11 Snyder and Shirley E. Snyder (the "Snyders"), husband and wife, are adult individuals resid4 at 319 Liberty Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 4. The Snyders consti 5. On May 30, 2007, "Borrowers") in the principal 6. The Loan is 2007 (the "Loan Agreement") all of the members of the Company. Bank made a loan to the Company and the Snyders (the of $87,000 (the "Loan") nc d, in part, by a Business Loan Agreement dated May 30, A true and correct copy of the Loan Agreement is attached hereto as Exhibit A and incorporated herein by reference. 7. The Loan is also evildenced, in part, by a promissory note dated June 7, 2007 in the principal amount of $87,000 (the "Note"), executed by the Borrowers and accepted by the Bank. A true and correct copy o the Note is attached hereto as Exhibit B and incorporated herein by reference. 8. The Borrowers halve defaulted under the Loan Agreement and the Note (collectively the "Loan Documents") by failing to make the regular payments in the amount of $639.98 each due and owing thereunder on November 5, 2008 and on December 5, 2008, and for failing to pay an outstanding late charge in the amount of $218.10. 9. As a result of said payment defaults under the Loan Documents, the Bank has accelerated the entire indebtednes due and owing thereunder. 10. The Loan Documents, as well as applicable law, do not require the Bank to provide notice to the Borrowers prior 0 accelerating the indebtedness thereunder and/or provide for any right to cure these payment de?auits. 11. The Loan Documents provide that upon a default thereunder the Bank may confess judgment against the Borrowers for the entire principal balance due and owing thereunder along with accrued interest, late charges, costs of suit and an attorney's commission of 10% of the principal balance due and owing. 12. The total sums due an4 owing under the Loan Documents by the Borrowers to the Bank as of December 5, 2008 are itemized as follows: Principal: $86,506.68 9l 8.21 Accrued Interest: 218.10 Late Fees Attorney Fees (10% dommissionl: $968742.49 ,385.48* Total: *along with interest accruing at the per diem rate of $15.03 after December 5, 2008 until paid in full, plus costs. 13. All conditions precedent have been satisfied to allow the Bank to confess judgment against the Borrowers. 14. The Bank is the holder of the Loan Documents. 15. The Loan Documents were executed and delivered in connection with a business transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit (transaction. 16. Judgment has not ben confessed or entered under the Loan Documents against the Borrowers in any other jurisdiction. 17. The 10% attorney' ? fee commission included in the confessed judgment is authorized under the Loan Documents and is being used to calculate a sum certain for purposes i of confessing judgment; however, the Bank will only seek and recover its actual and reasonable attorney's fees for costs of collection i this matter. WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Court to enter judgment by confession against Defendants, Appalachian Properties, LLC, and Roland E. Snyder and Shirley E. Snyder, jointly and severally, in they amount of $96,385.48 along with interest accruing at the per diem rate of $15.03 after December 5, 2008, until paid in full, plus costs of suit. Respectfully submitted, McNEES WALLACE & NURICK LLC Date: December 8, 2008 By Clayt . ja dson PA Attorney . No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson@mwn.corn Attorneys for Plaintiff, Integrity Bank VARMicN 1, Gary G. Klick, Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing ComPlaint for Confession of judgment are true and correct to the best of my knowledge, information and belief' and that the same are made subject to the Penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Gary G. Kr •k, Vice President X ?,???t (E) Borrower: APPOISO den pr y._ LLC Roland-E'.. SnvdaT E. Onyder t 318 Libi Dritrs Zhloearielnirg, PA 17267 THU; S11SWW LOAN p QREEMEN'r dead May 30. 2001 SWIgy E• SnydW ("Serrower") writ NOOMY 0" 1 Lent _ to LWW6V for a can" daeoribad on any Wilbit etnhedute attached thb dAq or exWWkW &W i oarLender is F$IV W q in errowgrar?tirW, renewing. or extenlding of any Loan b?y LendLoans shah be 104 remolh subject to the terns and co TERM. This Agreement shall be effective as of May 119 ? Loans In favor of Lander have been paid in full, lydWlln until such time of the Partlss may Agree in writing to tor CpNpRippg. PRECEDENT TO EACH ADVANCE, Land' b act b the fulfillment to Lender' Int9p y h>Iantk Citnp HO Offlos SM5 Ma W-Street CWV MS. PA 17011 (7'I7) 820.4800 properties, LLC; RoWA & Snyder Lard to sonde end following w") on the fo8ow6W brmwand oo? ndlNorie. Bomar ? "olved prior ? aonmaylrta'alyas. uding 110, loan or bans or other flnormMd'>?ooonrnododons,W (A) bt MG Why ( , giul aslant t"L "). Borrower udderet M sa forth in rids AO WWOW" m, warraMNt, and IlpMWwMN and discretion; end IC) AN such iii tiles awl be subject to Lettdar. s sole jadglttent ww. of this AgreenI . 2007, and shah oontMus in full force and effect, such Gth*n fe06 and SOMW,ror principal, Interest, costa, expenses, attorneys charges nab We Agreement. 'e obligation to make the Initial Advance and each subsoqubrt Advance under this satisfaction of all of the conditions set forth In this Agresmant and in the Relabel Agreement shall be su) Nob; (2) Security Agresmerts Documents. Loan Dooumarts. Borrower shall provide to Lender the following doci for the n. (1) the stit merits and an other documents perfeAtinW Lend'er's Security sts in the ColletNtal; l3l financing ng state ulre for the Loan; grorydnQ to Lender security rrttara w; (6) together with all such Related Documents as Lander may M Interests; (4) evidence of insurance 09 Lander ? and Lender's counsel. all in form and substance satisfactory to ss. Borrower shell hay paid to Lender all fees, charges, and chines expenses which are than due. and payable paymat °t F as,arid jjMml!ent or any Reisted Doouit?ent. a$ v*IfIad In this Agrsern stations end Wwrantles: The repress and warranties set forth in this Agreement, in the Related Documents, a In any tent decrees or certificate delivered to Lander und?Agreement are true and correct. 'No la. N. ?t o f Default. there. shall not exist. at the xNme of any Advance a condition which would constitute an •Cvant of ;DefauR under this cument. individually, AolloctNllY Agreement or under any s Agreement MULTIPLE BORROWERS. This has been exp uted by multiple obligors who are rpforred to In this Agreement the word "Borrower' 'as used in this Agreement, Including or and IrtterchenpsablY as "Borrower." Unless spoolficaI c Vona stated nts, to the he Include contrary, all Borrowers. Borrower s used loads or ndi and otherwise ex agrees bnd that, Additional . without 11'niitatiai all represo without notice to any one Bontstkttrbwer ns ,Lander may aka one or More Additional secured or u?aerre taw, exbnd, erooelersb, or otherwise , credit han with respect t any thee me for pa a with tri pact to any other Borrower alter, corrrpro security, t withor without the not to to perfect, release ? of this rats of intwise of dorsenewre; o of other more times the time for payment or , a te irrIneate, of fait any or Indebtedness, eonen or the Indebtedness; collateral; {pDI , release, , waft, substitute, ate; a gree not to so, or dael with any one or more of Borrower's or any other i3orrovVet's sureties, of ofher r gua rantorson any terms o in arry'mannor Lender may choose; (E) determine tow, when end whet application o substitution In payments and credits snail be made on any Indebted (F) story such security and direct the order or manner of eats of any Collateral, er In h including without ti{t rt o se; {etion, erry norl-judin:ial early perrrjt :. by the terms of the corttroll o Y agreement or deed of trust, as of the Loin; (H} eXeroils or refrain mare exercising discretion may dsterrpine; (0) sell, transfer, .asslgn o .. rant participations Inall i) any parrt Gompromise any indebtedn"s; wn ) or irate any rightte agaO* Borrower or others,..or otherwiaq e to. r refrain from acting,. .. PebiNtles which may the payment of AN or any part of any of Borrovrier'A .irxl is to Lander to the paymer?t of any . of the date of each REPRESENTATIONS AND WARRANTIES. Borrower r$ resents. and warrants to Lander, as of the data of this Agreement, as ?newai, extension or modification of any Loan, and at all times any Indebtedness existsa disbureemertt of loan propseels,. As of the date of any validly existing, which Is, and at all times shall be, duty organized; vs va LLC Is duly andenlisrion, standing Properties, LLC is a il liability he Commonwealth naps duly g under and by virtue.oft laws of the Commonwealth of Pennsylvania. Appalachian Properties, nerving ?? ll necessary and in good. standin Appelachian.Propsrtles, LLC.ia doing business, e sary authorl;eel to ,b anewAt business in all..otfi er.. In which i 'aril es, In which faure vemmental. pcenees and.* vais each stets in Which Appalachian Ptopsrlfe=, LLC Is -doing inWri,., vp..., ." Aopil go enlist P . . n n. lea, statat harthe` full Poorer ppslachign properties, LLC ie, ,and at. ail times . el( bo, duly quslifted ee a foreign Nth W* NA 0081 oorlperW so quaNfy would have a material advarea a on its binhives or flnartblsl condition. dPP? process to engage. ng and authority to OYt+rt rte properties and'to act the business In which it is presently engaged or presently keeps e tbok tssa n records Including Itsgppelach.rorords len nionoeYning Properties; LLC m ll alnts ral. Ins do Appoffice At 3.18 Liberty Drive; Shippensburg; . 17257r Unless Appalachian Properties, e has notify Appalachian Lander prior to Properties, any LLC change designated othierwisa In writing, the principal o elac i n is the Properties, office at LLC. will which ge In t Properties, LLC shall do all the Goete asps in Appalachian Properties, LLC's name. Appalachian with all rag shell do all PropeRles,. LLC's rtgre of organization or arty r hrte and prlvlkgb, and shalt comply .. Iachipn to ices in,ful once and. effect its eudetencal , ig .. or court applicable to Apps things: rnac?sellr to Praser?!a.ar{d R_ varnmentai or quas46vernmental authority rules; ordinanoee, stptutes, orders. said. decree ? f arty go Properties, LLC arid AppaUcriian Propertlas; LL business ectivitl?. ise in Roland 'E. $nydef mairitalha sn. office et 3.19.Lib Drtva, Shippsnaburg. PA .17267. Unless Roland E. Snyder has desipnstad otherwIncludi Its records wrhtlng, the P. I office office address or any dr>clpal ofiige Is the. ° Lends noRtoasny charngaoland E: Snider' s pri?nc iml Addressing . CotlsterAl. Rola eIn the location of R nd E. &nyder wli) natih± change in Roland E. d8nsees Yder's ofnbme. Roland Sny r aheil do all things necessary to comply with all regulatbnt; rubs, ordinances, any governme . al or quashgovernmental authority or court applicable to Roland E: Snyder and Roland E. statutes, orders and Snyder's business activities. has designated otherwise In Shirley E. Snyder maintains an office at 319 liberty Drive, Shippertaburg, PA 1.7267. Unless Shirley E. Snyder the principal office is the office at which Shirley E. Snyder keeps its books and records including its records concerning the writing, ,); and Ohli AGREEME' BUSINESS LOAN AGREEMENT page 2 (Continued) Loan No. .1500201450 I office address or any Ith s s prMoipb Lender pr br, to any Fhange in the location, of Shirley . E. all. rogulNons, rules, .ord?rances, and Shirley S. Collateral. ShkleY E. Snyder wrNl notify E. Snyder ehaN do all twinge necessary to comply .. E. Snyder In Shirley E. Snyder's name. Shindy or coup applioable to Shirley change or quasi-governmental authority atslutse, orders and docreea of any governmental business names business Snyds'a business eathritles• required by law relating to all assumed Bess Names. Borrower has filed or recorded all documents or filings 11 sd Borrower. Excludlrig the name of Borrows, the following le a complete ete list of all assumed bt»irwas names under which gorrowsr us by dose bueineae' None. rformence of this Agreement and all the Related Documents do not conflict with, s of or9enizto ?o?n. Borrower's execution, delivery, and pa taw, artici t of rganiz iation court or msmbdrahip or decree, or under (1 any p result in a violation of, or ceo other f n e t binding upon rhis Borrower of or (e) (2) eorrll tto any ower's entitie aprbameirta, or' (b) any , agreement order applicable to Borrower or to Borrower's properties. truly and completely disclosed Borrower's financial 00001 wig supplied to Lender .... .. . , Each of Borrower's financial statements ,. fnt obancial a except disclosed In corrditioh s;. of the fiats of the statam6nt,arid tsupplied has been no otarkill adOerse, to Lendermt War has no mat ;erial ..ooiiting •s finariofal condition s ubsstrye the date. of the most; recent financial state" suoh finanolal'ttatsments. emeM Borrower is required to give under this Agreement when Legal Etfsct. This Agreement conetitutee, and tiny Instrument or agre deNvered will constitute 19989, valid, and binding obligations of Borrower enforceable against Borrower in accordance with their respect terms. trrerrt or es previously disclosed in Borrower's financial statemerito or in writing to Lender . to r has rnot axed due ad any security Howler isnor a and n ins good title ??s. Except as contemplated this AWOO orrow ero nd hig statements and 90 acnpted by i-ender, and except for property tax None ro rts, s Borrower has not used or flied a financing all of Borrower's. properties free and clear of all Security rose. All of Borrower's, properties are titled in Borrower's is9sl Harris, and r6le to under n y. stetom emerrt under any other name for at least the last five ($) Years- Borrower represehta and warrants Chet: 17 storage; ws,'dtsposs1, the rebate eneration, manufacture, the period ow guBbstan orro w r' Fowner s disclosed ll and acknowledged n render in writing, or thrsatens from any' of the, Collateral. (2) Borrower has no period of 8orrowae ownership of'the.Collatsraf, two has boon no use, 9 Environmental Laws; lbl any user gerreretlori, reon on, under, about or knowledge d of, or release of reason a to 'any F belie" that ardou° there has Substanpa by been (a) (a) any any Pa breach or violation of any disposal, release or anyb reach or of any Hazardous Subsume on, under; about or from the manufacture, storageprior. tr rrR wile of any of the Collateral; or . (c1 any actual- or threatened litigation of claMrut'of any kind by any 'of the parson. rNbyatan any uch owners to or vacuole rrbws nor any tenant, contractor, agent of other authortted War of any of the Collates shall hereto, ouch matters. (31 Neither Bq uletior, and cial ant Jr about lows, or upon the from artyCollateral to shall use, 'And uch pc manufacture, hall treat. dispose 4of or 0ro Mince witany h all apPNcablo federal on, te, and under, to ordina c sin any such activity be conducted in with this t0cdo ord[anc.e a, including without limitation tlon all, rpnmeMal Laws. Borrower authorfiss Lander and Ittagents ide d co testa Lender may deem appropriate to determine compliance of the COPS"' M-Qf the on-or tests made by Lender shall be at Borrower's axpenae and for Lender's purposes on and shall not be make ouch inepectione end s Agreement. Any inspect) ICYweon the r'a egdlNg° in ingr h the to arty other person Collateral for haze odocoMribudon and Hthe°erdvoauMs contained any roinpare basee do on Scift du°ri?ent ir?. . The representations and construe warrant (1) releases and waives any future claims agalnet Lender for Indemnity rid,. and hold harmless Lender Substanaet. Borrows hereby () eta under any such awe, and .(2). agrsa° to krderrx?IfY..:. or indirsdtly sustain or suffer Borrower becomes. Bible. for cleanup or other' ci} .., u against any antal oalrot3, lessee, Itabill"as, d . eMagee', perieftioa, and expenses of a y ?rsra?, rQBner on, manufaature,osW a9?9 d section; the rclease or threatened r M. resulting from ' a btedah of tiffs section of Waste the Waste ern or ent or substasancae o on the nthe C oNatoral. This, deem or release of a hazaThis, Provlslc"°of tole s and defend, shall survive the payment of the Indebtedness and the ttretermination, Collateral, whether by hitkiak,g sheo obligation acquisition of any Interest in any atitfectiob of this s Agreement indand shall not be affected by Lender's foreclosure or otherwise' Ceding or similar action (Including those for unpaid taxes) Imreatigat)on, adminlstre lve Pry mst acti 8dvnialu offset e f or u is ax in firienrAal Lklpetion and Cla6ns. di litigation, claim, aMtt Borrows >8 pending or threatened, a no other ovdit has occurred,which any, that have co agndition or properties, other than litigation, claims, or other. r events, if anyny, that have been disclosed to and acknowledged by writing. or to be contested by chervil have been paid nd in full, reports that except ors or those were req presently uired being to be filed, have been Texas: 7o the beat of Borrows't? other dgovernment Borrowor's tax fiyd. and all farces, ses movements rrse g uate reserves have been provided. rower in good faith In the ordinary course of business lento for which lose . Borrower has not entered into or granted any Security Bor 1 Lien Priority. , Unless otherwise fl or ga to Lender in writing, rests on or affecting any of the Collateral directly or indirectly that may in any way be superior to Leader's Seoudty Interests and Agreements, or permitted the he filing or attachment tenthat of of any would S be ecurity prior interests t - • Y securing repayment of Borrowers Loan and Note, u n the signors well as such' upon Collaterai. their successor*, t This Aofebment, the Note, oil Security Agreements (If any), and all Related Documents are binding po ? effec • representatives and assigns, and are legally enforceable in accordance with their respective thereofrights, in a as a nd to . terms. reement remains in effect, Borrower will; AFFIRMATIVE COVMANT$. Borrower covenants and agrees with Lender that, so long as this A®. Notices of Claims and Litigation, Promptly I? ?rm Lender In writing of (7) all materiel ad s rs changes In Be r nowe er'sfinancial c orweon, of any Guarantor. and (2 the financial cocondition similar ll threatened nfinanc al conditiioona aministrative and 12) all existing and el • and Guarantor which could materially affect tic}fect _ Ned on a conslstaM balls, and permit Lender to examine Financial Records. Maintain its books and red rds In accordance with GAAP; applied and audit Borrower's books and records at all, reasonable times. landncldl State"". Furnish Lender with th following: the end of each fiscal year, As soon as volo. but in no event hundre hual ibalane. shoot and Income at esm nt for the year ended pn one- repared y Borrow x(720) days after applicable filing date for the tax Bornower days after the app no event later then one-hundred-twenty.ij Tax Returns. As soon as avallr but 46rnmental tax returns, prepared by Born X. go Vthe i reporting period ended, Federal r BUSINESS LOAN AOREEMEN? l 201460 (Continued) Page 3 Loan no: 1600 its required to be Provided under s Agreement shall be prepared in accordance with OAAP, applied on a consists rt AN financial repo ot. basis,-and certified by BorreWer as being true and oo manta, an Lander rfi request from tlme to time. Addklond toformadon. Furnish soh additional inforrr? tlon and slate and Ratios. Comply with the following covenants and ratios; erred in this paragraph shell be made Flnemsl Cownanes h the remerrte corrta as being true and Except as provided above, all computations made to cue applied on a consistent basis, and certified by Borrower in sooordance with generally ecoeptad accounting Pd P . correct. may r uire with respect to InSuf shies aosepteble to Leader. Borrower, upon. lnseeeanea• Maintain fire and other risk insurance.. Pu Nc fi eov re egos and with insu arcs other comp arse f I andejectoty . to der, Including Borrower's properties and operations, In form, am POI or certificates of Insurance in written nonce tg Lender. Each request of Lands', will dtetiver t>o:„ender from time to > the amour at least thirty 130) day% trio' in a'+Y way by enY act, stipulations that oovsrapss will cot be 0011091190 in tayor of cov lets o or Lender sahWilleb not in ba v [mpslrid Lender In rsnce POW oleo eFisil include en endorsement ov(ding that coverage rsnder may roquiro. oenisston or default of Harrower or any otf?er parson' In neccontion with all policies se other srdomsffements ae h Lendt or is offered a Lender with such lender's "a Pay showi r, such Information .ts security interest for the Loans; Borrower will provide Furnish to Lander, upon req , of Lender,. reports on ; acthhe name of the. ?ur?I?ZI the ?k ihil {31 the inemnoe tRports• without k adion ths.folioWing: l 1 values on the basis of which Insurance has been obtained, a Lander may reasonably request including i insured; the then current properly In addttton, upon request of Lender thowu rot amount of the poifd i4) the PO 0 t1M*9 values; end (l the expiration date of the Polic- to Lender determine, as eppNceble, the actual cosh and the ir;ariner of ebrmkrBt pendent appraiser satisfactory Borrower. more often them annually), ?roCo116rteral he ha col of such appraisal shall be paid by VOW or replaosmont cost of any between Borrower agreements, whether now or hereafter existing. dsfaultsin connection with any other such agreements, Comply with aN terms and conditions cot illnyOthil Other A;peenesete. and any other pony and notify. Lender immediately 1 writing rations, unless specifically consented to the contrary by Lender In Loan Proceeds. Use all Loan proceeds solely for B rower's business operations, writing., without Nmitation all assessments, n Bor ower or its properties, income, oof Borrowsr?s Texas: Charges and Lierify• Pay and discharge whey due all of its Indebtedness Imposed and c levies end Nana, of tc des date ery kind and nature, a Nan or charge ups any taxes, dicta non w whicnihich penalties charges,ias Would attach; and i lawful claims that, if unpaid, might become properties, income,. or profits. in a timely ma ot, with all terms, conditions, and provisions set forth In this Agresrnent, in.the Relate ei and al and comply, a r omens between Borrower and Lender: Borrower shell notify Lender immediately in Documents : end in all other instruments and g writing of any default in connection with any ogre ant. reonnel with. substantially the same. quatifkationa and experience as the present Maintain axecutNg and m ids en notice to i ender of any change in executive and management personnel; conduct its executive and management penorxrel3 PfO`n business affairs in p tessonable and prudent.mah r. and testirgs as ate, at Borrower's expense, au such investigations, "We, samp1111ps Errvt ronrtNruW sit". Promptly conduct and governments] pl . relative to eery et?betfyrce, or any waste or by-product of arty substance defined may xi requested ley. Lender otori any nrerte ltY . toxic or a tize ;,*nifty uk*f nder epplic ble federal, state, or local law, rule, regulation, order or diroctive, et or effecting any property or any facility owned; leased or used by rower. fatlons, now or hereafter M effect, of all . gonernment with (ritlie mplice. R..to the car, . mply with all laws, ,ordinances, and ragarations, and to the use or occupancy of the governs,, In uding it apimitat to the conduc of Borrower's properties, businesses and cps Borrower has hnotelewd Lender in Gollaterel I?hclding Without limitation, the Ameri no With Disabilities ?oa` may e1eoso?o?gOOd faith any such law, ordinance, or regulation and t ivithhold compllancsduring a proceeding, Jeopardized. Leiden may In ? is bosole nd, reasonably ntadefaotisN Interests in the Collateral are not rewilqtiuire ng ur to doing to and 9o tong as, to Lender, to protect Lender's Interest. as post adequate ascurltY s or agents of Le air at any reasonable time to Inspeianre>arod for the Loan or oars and out limitation Boo inspection. si Permit employees records (Including and orrowo0s other properties and examine or It Borrower's books, accounts, hereafter maintains any Borrower's 'books; accounts, and records. If B rro now or at enY rds) In . computer of the generated records end computer so era e programs P9rrfor the nlt Lender frees a ch records stpaNs?eessonable times and to Borrower, upon request of Lender, shah notify uch party by., request, Lender, eder, provide oweLander expense. with a certificate executed by Borrower's provide Lender with eopies.ot any records It may, UMSas.walwd in w ide at least snrwaNy, tles set forth in this ConMPNSnse Cooftetes• rso acceptable to derider, certafYlep that the representations end Wsrrerr chief. ffnanclol officer, or outer offlce of the date the c@rtificete and further certifying that, as of the date of the oertifkafe, no Event Of Agreement acs true. end correct Default sedate ynOW brio. Agreement. with ar?y.and all Environmental Laws; rat cause or permit: to gry*orimsfilm CoMPwd and Reports; Botro 9r shall comply in ell ralipects art or al on the part of any third party, on property e part of a unless such environmental ental exist, its a result of by Bororrrowern acnuninton. r e11vir nementallaactior Omtlon on vity whet damage wars 'part owned and/or may result onvironmenit, onm ro riots federal, stuns or local goverrnmantal summorm, occupied rio by activity ei pursuant and In der primp with In any evtient within thirty {30) days after areceipt thereof copy to concerning any any I notice, rrfJer or iettslrLand`orer other then tlY governmental agency or instiumeor not there damage to the Ilih, ckiyflon;. directive, diirofurnish to lan, citatin.. or omission on Borrowewerr' 's part I tin from any ' uriintentionel potion or In connection with any environmental activity whether emrlronmeilt and/or other natural resources. to Additional Assurances: Make, execute and . liver to Lender such promissory notes, Lander its deeds of attorneys truermay, security reasonably egreemetraemerrta, assignments, financing statements. Instrument , documents and other agreements no evidence and secure the Loins and to perfect I Security Interests. RECOVERY OF ADDPFIO law, rgle, regulation or guideline, , or the Interpretation or applicatlPn ` of any.thereof f by by enY court illy cou .rt or If adtheminri sit ion en on of or govaranynm0ntel change . In authority any (including any roqueort or policy not having the force t n or to a lexcept federal, state or loci Income or franchise taxes imposed o or nder))'I reserve me for Agreement nr the extending Ralatod bncumamx- troqui impose, modify adequacy make applicable any equlrsmsrrta, csP Aareemerrt requirements or r obllgattone which would tA) Increase the. relates, l 0th i reduce the amounts cavable to Lander uder cost this to Under credit facilities to which BUSINESS LOAN AGREEMENT page 4 (Continued) Loan No: 1500201450 Of Lender's obligations with respsot to tlv aredit faoaities to which this as wag ?nnpsrrsate Lsrider therefar, within five (5) days after as or ICs reduce the rata of return on Lander,s capital to pay LA eddklcrtel amounts aN ba oonolusNe in?the Agroe rte, relates, then Borrower alitess silt, whicd shall be accompanied by an explanation of such imposition Lender's written demand for such paym abloe Borrower, which explanation and calculations calculation in reasonable detall of the additional amourrta payable by Lender's interest in the Collateral or if absence of manifest error. proce is commenced that would materially affect LlND?1'gpiTUItES. if any action or amen or any Related Documerrta; including but are" RNmkW elctoDOC Borrower's ? on Borrower fails to comply with any provfeiot of this jAg under this Aaroeme discharge or pay when due any amounts Borrower llred tt ? n h oar deems epproprfam, inclurng btrt not Nhlibd to diaa!>ergi^g or that obi stall toany time levied or pieced on erW Collateral and PaYlnO all coats for at gcr4ng ally behalf malt (but security i notba encumbrances and other claims, at any for such purposes will than bear costs BO?er. All such expanses will become irapayuingrtnn, ale tames, mainteink inq and grits and petty rwAng any Collateral. All such expendiwrera Incurred .the data a of pale repayment w4p (A! hoe. payable on demand; (B) be added to. the balance of the ote the rate charged under the No" from the dste Incurred or paid by Lender to the d and be a part of the. ridebtedt>00s. and. at Lender's option, either l1 j the term of any eipplicabls Ineuranoe Policy; 'a maturity. among and be payabia with any installment?tyments to become due during able at the M,ote apportioned or (? be treateQ. as a balloon paymerrt which will be duo and pay. or (2) the remaining term of Nate; Borrower covenants and agrees with Lender that while this Agreement is In effect, Borrower shall not, without t NEGATIVE COV®IANTS• an, prior written consent of Lender; templated business and fsws, e`2 X_18 transfer, Lender mocon rtgage, roan, indebtadrress and LJwns: ('1) Except for trade 5LO ncurred in the normal course of Including capital as allowed as Rarmitted Liens), or (3! sell with this Agreement, curate, incur or assume Inds lls for icon?rrower ?s s?saets (except lease, grant a security interest ln; or emu bar any pledge, recourse any of Borrower's accounts; except der' or tr ansfer or sell of D' ns. (1) Engage in env bus sae activities subetar?tlatly different other th amity, cha i nge its name, dissolve presently e , Contlmdtll M re or consolidate with any i account, whether by reduction of (2) coast operation, tiquidate, rtrsrge; transfer, qua Collateral out of the ordinary course of business, o (3) make any disulbutlon with respect to any capita be or entity, (2) capitol or otherwise. or assets to any other Person, orterpr Loans, AcquWWns 8010 Guaranties. i11.. Loan, Invest in or advance money purchase, create or acquire any interest In any other enterprise or entity, or (3) incur any obligation as surety or guarantor other than the ordinary oow*e of business. which would be violated or breached by the Borrower will not enter into arty agreement containing any provisions Agreenn tts. or in connection herewith. performance of. Borrower's obligations under this 4?greemtrrt whether render this Agreement or under any CESSATION OF ADVANCES. if Lender has made,any?commitment to make any. Loan to Borrower, Guaranttor has with that BorraWor . or an Guava ocas wi h Other,agrssment, Lender shall have no .obligation to ke Loan Advanoet n in bankruptcy petition ement or a!?Y cf default ur.B) I the tetras of this. Agra. dies, becom iRcomPeRelatedtertt tocu or m incomes ents orcomas any inaolotherverrt, fees a agreement Lender, (Bj Borrower or any Guscantr In Borrower's financial condition, in the finaocfall to limit, modify condition of or revoke or a tijudgi a bankrupt; (there occurs a in ry Loan; or (0) arty Guarantor seeks, claims or otherwise, attemPts Guarantor', h in the valu9 of any f the Loan eor securing any n her loan with Lander; or (E) Lender in good faith deems itself insecure, even though no are of th such' ' Guarantor'* gu mY o Event of Default shall have occurred. the erYt permitted by able law, Lender reserves a right of setoff in all Borrower's accounts wtti?Lender (wtwr . RIGHT OF SETOFF. v ether accourrt). This app Inol does as accounts Borrower holds jointly :with someone also and all accounts Borrower may However, t this does not include IRA or Keogh accounts, or any trust accounts for which "ff would dress against by checking, the siv fut(Iure a. or °aoma Other rro fwer future Y lawn hori;ces Lander, to the extent per any law, in Borrower m d by applicable law, to charge or setoff all sums owing on the and all such accounts. DEFAULT. Each of the following shall constitute an invent of Default under this Agreement: Borrower fails to make any payment when due under the Loan. Payinrent Defatdt: perform any other term, obligation, covenant or condition contained in this Agreement or In any of of t the Related Borrower fails to Documents or comply to with comply to with or to perform any term, obligation, covenant or condition contained In any tent or in agreement between Lender and Borrower. Default in favor of Thir d Parties. xtensfon of credit, securityany a0rearneM• purchase or Borrower orjany Grantor defaults under any ban, !a creditor or person that may materially a eectn undof { grosr:or any tor' s a of bllatY to any repay the Loans or perform their respective dbN9 setae s proper-jiiity or or any otherBorrower' s o or r arty s sment, Gran in Grantor's i'e or any of the Related Documents' Fate 8teteinentsf, Any warranty, representatain or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Doouirivnta is false o misleading in any material respect, a!ther now or of the time made at furnished or becomes false or misleading at any time thereafter. any member withdraws from The dissolution of Bor wer (regardless of whether election to continua is made), n of creditor workout, Dsati? or Mr any Oth business or the death of any, member, the insolvency of Borrower, Borrower, t any other termination of Boot rn w? prooperty,?anya ssignment for the benefit of creditors, any the appointment of a ref aver any for proceeding unde any bankruptcy or insolvency laws by or against Barmw,or, failure of 'any or the commencement of any pr . ceases Defedtlve 6olgten?sWon. 'l'ids Agreement o any of the Retesreat or liana a?anY rr?t end for only r and effect (including document to create a valid and aerie ell security rr whether by judicial proceeding, golf -help, overnnhrwo aprncy rageinst any collateral securing the Loan. Creditor Forfeiture hProaqodings. er M, ComorIrokes errt foreclosure forfeiture oueew? finder. However, lathis te Event securing shall not roposapply or ari other Method, of B Borrower di by any 0 This Includes gia garnishment t faith any any of f Borrorroer accounts, including tPoe and deposits with lather monies or >f theta it a good faith dispute by wer as as tic the validity or reasonableness of the claim which le the baste of the arse r or etlon, as hoeing forfeitureproceeding and if Borrower gives ! written notice of the crodkor or forhkure proceeding a surety bond for the creditor or. forfeiture edang, In an amount dem`ilned by Lender, in its sole dlscr an mdequet reserve or bond for the dispute. uarentor of any of the Indebtedness or any Events d Guarantor. Any1e ding events occurs with respect to at Ouarentor or eies lse a or becomes incomprra.•.r, or or dlaputes the validity of, or liability a„der, any Guaranty of the Indebtedness. In r Loan No: 1500201450 BUSI14ESSCLO An Ad REEMEW event of a death, Lander, at its option, may, but 91 obligations arising under the guaranty In a manner sal Ad..vws$ Ch"+'' A. material adverse change occu per fortnance of the Loan is impelled. • Lander in good faith believes itself inaecu n a dafautt on Rbm to cure. if any default, othal the . aridit given a notice of a similar default ault within the prdCf? reeeMN written notice from after ndaa Immediately ° after s morn than ten 1101 daYB: InIti, default and thereafter continue and complete all re practical. EFFECT OF AN E'VENTT OF DEFAULT... ii ns of vendor t Documents, all commitmem and ob.W temninate (Inckrdinp any obligation to make further Loan beoorrie dug and payable, all without notios of any kind low "insolvenby"• subsection above, such acceleration shall provided in tine Related Documttirta or av?able t be e, rim end rertrodies shop be cumulative and d on* election i axafude pursuit of any other remedy, Grantor shall not affect Lender's right to deolare a defer CALL OPTION'. The Bank shall have a call option which to ninety (50) days advance written notice to Borrower. PATRIOT. ACT. TO HELP. THE GOVERNMENT FIGHT,? REQUIRES ALL FINANCIAL INSTITUTIONS TO OBYA0 AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHE WILL ASK FOR YOUR NAME, ADDRESS; DATE OF B11 ALSO ASK.TO SEE YOUR.DRIVER'S LICENSE OR 0TH CROSS 00LLATMLIZED/CROSS DEFAULT. This loa The word 'Guarantor" insane any guarantor, surety or MISCELLANEOUS PROVISIONS. The following miscef p, rents. This Agreement, together with ai as to the matters W forth in fft Agreement. IN and signed by the OartY. Or parties sought to be cl AtbornM: Fees, Expsrwes' Harrower egress, to ' al a erises,. incurrsd.ln oonneot kid lo ?ef s and Borrower shall pa eriforca this Agreement, n ey ' foes W gs nsee whether c attors end` ?' expo p . dings (I no effo?ts to ihodify or vacs services. Borrower also ahall pay all court coats Cron 1{ lings. Caption headinga in this .Apr provisions of this Agreemord. CanssM W Loon pwgcipation. Borrower Silt participation interegig in the Lorin to one, or nu limitation whatsoever, w any one or more pu Borrower or about any other matter. relating est to such matters., Borrower additionally er alp'. of such participation interests' absolute owners .of such interess :in rle L! governing the sale of. such participation inters! Wain Lender or agent any purchaser of auoi ,l enforce` Borrower's``obNgation under the Loan further agrees that the purchaser of eny 'sun defsrreea that Borrower may have against Land Law... This A'pnetitent w' :.,Al be .. Governing govp! laws of the-Commonwealth of Penn. y. 10.10 M the Cor+erronweaMh of Ponnsyh?etria. Choioe of Venue.. If thane IS a. lawsuit,. Bono county, Commonwealth.of Pennsylvanle. Joint end Several Liability. ,All obligations of I arisen each ond`everY Borrower: T-hi means any one or more of the Partles of a rpora inquire Into the powers of any .61111110 behalf, and any obligations made or creeta Agreement. No Waver by Lender. Lender shall not be di and signed by Lander.. No delay, or. omission. other right. A weivai by Lander of a pr V 1 l demand strict ooh'lplisnce with that prodealing between Lender and Borrower, or Borrower's or any Grantor's obligations as not be required to, permit the Guarantor's sets" to assume unconditionally the actory to Lander, and, in doing so, curs any Event of Default. in Horrower's financial condldon, or Lander believes the prospect of payment or B. Brower or , ;a the am m be, has been IfntheY bar Mdtwo" (12 moritiis, it may bi onirad if OBorrowar at Oronto,r as h (2) also uto 1 cure of such default: ltl cure the default within ten (10) days, or 121 to Owe the easonably to stepe which Lander deems i Sufficient 10 produasOra Pil°nto be sulftlllfrt ca as °°°n as sonabie and necessary steps BfeuR shall occix,. except wba% ottrsrwise provided in. this A?ment, air the :Rsiaped ader this Agreement or the Related booumsrits or any other sgroa nest Irmreditehi will kdvances or diaburoomarrtal, and, at LeM°r's option, all Indebtedne°a Immedi°telY will O .Borrower, except that In the case of an Event of all t haRve of all the the rtype deso fIl in the a automatic and not optional. In addition, Lender shall law, all alt and of Larder's n equity, or otherwfss, E"Girt as may be prohibited applicable 's or concummtlY• Motion by Lender to Pnra17° 3rma eMgularlY n to perform en obligation of Borrower or of any make eaxpend iturea orto take actin of remedy shag not i t and to w wrclss its rights and remedies. of the date of closing; subject no be exercised to be effective on each fifth anniversary NDERIW AC "Sing the Bank's'eleaticn to call the obligation duo. FEDERAL fVERIFY,iAND RECORD irooRMATION T14ATIDEN TIAES EACH PERSON WHO OPENS . WHETHER BE A DEPOSIT ACCOUNT OR A I H YOU OPEN AN AND OTHER ANFORMATION THAT IWILLL ALLOW US TO D NTIFY YOU LOAN, WE MAY T, R IDENTIFYING DOCUMENTS, ual'St"r. also secures payment and performance of all other loans to Borrower or any g iccomondation party of any or att. of the Loan. neous provisions are a part of this Agreement: msnt of the Pardee r Related Documents, constit 10 t "s the Ao?r shall o etfeothra t?mleas given In writing i alteration of or arnendrnent trged or bound by the alteration or amendment- er`a attorneys fees pay upon demand AN of I,,mder's costs and expenses, including 4end? a else to help )n .with the onforcamentof 00..AQre°ment. Lender. may hire or play. Lender's nd axpames cotta and expenses of suucchh enforcement. Costa a for the not there is s lawsuit, Including attorneys' fees and legal expenses bankruptcy n any here IS stay or injuatotionl, appaais; end any Armcipeted post-judgment coNeotion sutomaftand such additional fees as may be directed by the court. ses only and are not to be used to Intsrprat or define the ament are for convenience purpo whether as and consente to Lender's sale or transfer, now or later, one or more or unrelated to Lender- Gnder may provide: without any 'e Purchasers; whether related information or knowledge Lender may have about :haaars, or potential purchasers, any hto to privacy Borrower may have with respect e Loan, and Borrower hereby waives any rig umhoss ny and all notices of sale of participation Interests, to WON interests Wno**@ of any ill be oo 141109 ?rsd .es the agrosa that the purchaser of. any such psrdcipatbn ialp ment or .s9roomonts ranted under. the, p. IsI that a, h i ft may have now or Miter a end will have all the . tights q of oountsmalm . Borrower further waives ail rights Of offset or such purchaser may a participation interest and unconditionally agrees that either Lander Borrower respective of the failure or irrsohrenoy of any holder of any interest in the Loan. of airy aersoiraal Claims or r participation Interests may enforce Itis' Interests Irrespective r; 1 Maw, tl» ed. qty, federal law appposlao to Lender and, to f w ?+? nbt. P!r bP" tiu soosptepted by under br?sn, hoot regard to it. n an*- of law Provieions• This A itsamerit has er.agrees upon Lender's request to Submit to. the jurisdla don of the courts of Cumberland shell Borrower or under this Apreomeben r low Is responsiM° for all obligations in this A9rsemOff . Where iiet each Borrower signing or simNat entity, it is not nao°°°srY for Lender to m; psrtnerohip, fimited liability oor Othe W act on the ent his directors, Partners; members, or other agents acting powers shall be guaranteed undo In` reliance upon the 'professed exercise of such uch, or any waiver is imod to have wafwd any rights wade this h Agraombfft unless hall openers sera "aivM of suo? In writing on . ttle..part of. Under in exarolaing any g :.: a waiver of Lender's right otherwise to tituts n of`this Agreement shell not prejudice of con prior wahror by Lender, nor arty course of or any other provision of'ti is Agreement, ueen Lander and any Grantor, shah conatituta a wsWer of any of under i sneer's rights this or of any o Agreement, future transactions. Whenever the consent of Lender is required , i Page 5 BUSINESS LOAN AGREEMENT Page 6 ` (Continued) Loan No: 1600201450 when such consent continuing consent to subsequent Instances the prarrtirng of such consent by Lander in any instsruoa shell not constitute and in all asses such consent may be grarltad or withheld M the sole discretion of Lander. is required any notice required to be given. under this Agreement by iawi: when deposited with Notices. Unless otherwise provided by applicabl shall be given In writing, and Inllyeep by tefeasim {unlace ethe?wbe require shell be effective when satuaily delivered, when raesivedfledeiin the Unoited States mail, as first class, eartiiled a for tnottcer may C of a msnt. Any MrtY s nationally rsa I di ?rced oeoteovernight overnight the ht co eddraddresses se s 0 r, shoR ar the when b edep .. 'hange he giphnnOr?I this tits purpose of notiaa is to change the party`s postage prepaid.; formal written nilia other pa notice pigsn to under this Agreemsrtt by glvln8 resLender Informed at all times of eorro Borer wrsris deemed to be Unless otherwise address, For notice purposes, Borrower ap notice given by Lender to any provided by applicable taw, if there is more than orrower, any . all Borrowers. to be lilegalr ..Invalid, of unenforceable as to any pty If a Qourt of competent jurisdiction s any provision of this Agreement or wientor4aable. ace to any other parson or enforceable. If the shall not a the offending pro vision. iUepaJ, Irrvaltd, o igaversid, , . legal. valid and person.or oircusrustanae, that.flritGgp sign shall bs considered Modified so that it becomes by low, the circumstance. dfrilif feasible, the offetidinp provi other the lspallty, v Y or enf r9cl iced offending Probra cannot be soomodoifl an Novi iobn oaf thlsd?9ae deleted shell not i Unless otlterwise required by Ntegallty; invalidity, or unenforoea nY Roland provision of tints Agraetnent. Agreement or any Succmaors and A s, All covenants and a Ireigns as or on behalf Borrower contained in this g for av orrower'e successors and .signs and she ll inure to the ban efit of Lando( irn?Ind in terest therein, WNW" then pr Borrower slid ower Documents shah bind to assign eon owar'a rights under this Agreement or any . shah not, however, have the right consent of Lender. that in making the Loan. Lender is relying on all survival of Represwitef nor and Warranties' rrower understands and agrees wrong ate or o n, In Lender Isn delivered by mad by Borrower In this Agreemarrt or in any re?eseuttatio ns, warranties, and covenants Documents. Borrower further agrees that regardless of any investigation made by Borrower to Lender under this Agreement or the Iated a Indebtedness shall lea paid Lender, all such representations, warranties and covenants will survive the making of the Lean and dell ry to Lander of the Related ttue laetto roaaur. poctsrnsnts, shah be.gontinuMg in nature, and sh II remain in full force and pove?whlciisver istime in full, or until this Agreemeirt shall be terminated r the manner provided Time 10 of the Easenos. Time Is of the essence in the performance of this Agreement. y ae7fon, proceeding, or counterclaim brought by any W" Jury. AI partfe? to this Apreemein hereby wsiw the dpM to any It" party gam. trial any other Party+ s when used in this Agreement. Unlgsa.spsalfically DpgNfT10N8, The, following cePheNzed words and t rms. shall have tine following meaning Stated, of America. Words.atnd. terms . . hee s to dollar amqu shall mean. amounts in lawful m on e y of the United . I ral shall Include the singular, as the context may require. Words and terms not otherwise stated , to,ti+e.colstrsrY. all refaren c used In in t th he s this Agrin Weemeshallnt shall include t have theplural,mand the e a p "hiiuted to such terms in the Uniform Cdohmemisl Code. Accounting worms and terms not assigned to them In accordance with generally accepted accounting prlnaip1ea as In us otherwise defined in this Agreement shall have them anings the ter send conditions funds of this Agreement. Made, to Borrower or on Borrower's behalf on a line effect on the date of this Agreement: made, or to Advance. The word "Advance" means of credit or multiple advance basis under ement Agrserrie t. The word ".Agreement" means cheness aLoan ttached to this as thle-B amass Lan A rre from time a time be amended or'modified Business from time to time, uWtthr Bon with all exhibits Borrower. The word rd " "Borrower" means Appel Man Properties, LLC; Roland E. Snyder; and Shirley E. Snyder and includes all co-signers and co-makers signing the Note and all their suc essors and ?signscoiltlterat security for a Learn, whether real or personal property, , Collateral, The word "Collateral" Ma'am all pro rtY or indirectly, whshhe granted now or in the futurs, end whether granted in the form of a se interest whether'grsrrtail directly and aasata granted , e, collateral chattel mortgage, chattel trust. `s Ils meM; pledge, crop pledgs, chattel mortgeg mortgage; collateral ens trust deed of trust, a slgn Motor's iiQn or tide retention w aataor otherwise. -lease vvleaconslpnmant intended as a msnt trust, condnal sale; receipt, lien, charge, n; equip security device,.or any other security or lien I rest whatsoever, whether created by : Response, Environmental Laws: The words 'ErIvIronmf I Laws" mean any and all state, federal and local statutes, brad regulations Am and endm ordinances ents and relating to the protection of human n health or a environment, including without limitation the Comprehensive Environments! Compensation; and Liability Act of 1880, as mended, 42 U.S.C. Section 9601, at seq. {"CERCn A9, th U.S arfund Section e1801, ndm at seg Reauthorization Act of 1986, Pub.'L; No. 99-411 8 ("SARA', the Hazardous Materials Tranaportatior '42 U.S:C. Section -6901, at seq., or other eppNCal>te state or federal laws, rules, or the' Rescuroe conservation and Recovery A regulations adopted Pursuant thereto. Event of Defs.it. The w. ores "Event of Defaui mean any of the events of default set forth In this.Agreement in tlia defauk section o this Agreement: t3AAP, The word "ifAAP" means generally accepted accounting principles. Security Interest in any. Collateral for the Loan, Warner. The word "Grantor" means each a all of the persons or entities granting e Including without limitation all Borrowers grant ng such a Security Interest. of any or ei1 of the Loan. Guarantor. The word "Ousrantor' means any uara tor, surety, or accommodation party without limitation a guararriy of all or part of the Guaranty. The word 'Guaranty" means the scanty from Guarantor to Lender, Including concentration or physical, Note, Hazardous Substances. The words, "Hazardous Substances" mean materiels that, because of their qusrrtity. words "Hazardous chemical or (e t re chastore, d1s, may au edd, manufactured, transpiortedno ellthe aid ue hanor toxic dledndled, s The ubeta orris azarls or Subst improperly used; d; treated, storedd, disposed f, penerate strol or ed very broadest erase and include without i zardo n any a Subs e" are used ili their waste as es defined by or listed under the. Envi rrta] Laws. The farm "Hsznrdoue Substances" also Includes, without limitation, p and petroleum i y-products or any fraction the eof and asbestos. lndslitedriess. The word "IndebtedP--%l me no the indebtedness evidenced by the Note Related Documents, under this Agroem rat or under an interest together with all other inde! .ass nd costs irid expbnees for which Boriowel ispo of the Related Documents. BUSINESS LOAN AQREEMEN7 (Condnusd) Loan No: 1500201450 Lender. The word "Lender" means IrrtegrkY Bank, its Loan. The word "Loan" means any and all loans wdgd ng, and however evidenced, tned to clthis udi gree ho r any exhibit or schedule NOW. The word "Nate" means the Not2?ec? amount of 487,000.00 dated may 30 of, and substitutions for the note or credit agreement Pfd Liens. The words "Permitted Liens" Meer imilar (2) Rens for taxes, assesamertta, or eor other iRA mechanics, weehousenren, or aMOM srrkrsana or pur che yet delkxWt, (a) purchese ecure irndebtUT ordinary course of business s "Indebtedness e paragraph of this Agreement titled have been disclosed to and approved by the Lander an immaterial and insignificant monetary amount wN Related Doownents. The words "Reisted Docurn agreements, guarant%$, security agreements, mort agreements end dcournerita, whether now or hereat 690arlty Agro msnt. The words 'Security Agra understandings or other agreements, Page 7 uoceaeors and assigns. nd financial accommodations from Lender to Borrower whether now or hereafter rnhtation those loans and financial accommodations described herein or described on m time to Ilona. Appalachian Properties, LLC; Roland E. Snyder and Shirley E. Snyder In the principal r with all renewals of, extensions of, modifications of, refinancings of, consolidations (1) pens and security Interest aeourkng Indebtedness owed by Borrower to Lender; s either not yet due or being contested In good faith; (8) lie $O whbh are fens arising In the ordinary course of business endue securing obi or Borrower a thnot e r money security Interests upon or. In any property outstanding on the date of this Agreement or permitted to be Incurred under the d Liens; (6) lions and security Interests which, e+ of the dads of this Agreement, n writing; and ifs) those liens and security interests which In the aggregate constitute respect to the net value of Borrower's ease. environmental rte" mean all promissory notes, credit agreements, ban agreements, ages, deeds of trust, security deeds, collateral mortgages, and all other instruments, or existing, executed in connection with the Loan. eemente, promises, covenants, mant" mean and Include contract, otherwise,eevidencing, governing, representing, or nrherther created by arrangements, and future, creatkrg a security Interest. of oo g?arlty Interest. The words getaral security, present , chattel 'Security Interest" eon, without limitation, any and an types nrtrsnt, pledge, crop P?9e ch whether , the form of a Ilan, charge.. hattel to c, mortgage, dead of trust, or security lien In dead, terset assigwhatsoever recelpt, flan or title retention whether crested by taw, mortgage, collateral chattel montage, chattel ec ,factor's Ren, q an security trust, conditional sole, tract contract, lease or c consignment Intended as a security device, or anny ther contract, or otherwise. BORROWER ACKNOWLEDGES HAVING REIIIEI?iT M DHTED PMAY ROVISIONS 200THIS BUSINESS LOAN AGREEMENT AND BORROWER AGRi EST o ITS, TERMS. THIS St1SIHESS LOAN AG T1418 AGREEMENT 18 INOWN UNDER SEAL AND IT STRUMENT ACCORD G TOII?AAW?D? THAT THIS AGREEMENT IS AND SHALL CONSTITUTE EFFECT Of A SEA BORROWER: LENDER' WTEGRrrY BANK V.. Lang-M r s : Borrower: Declarant: DISCL` pppalaoMan Prop*d"- Roland E. 1;nwd" E.Snydart 318 Liberty O d" 17267 8hlppanabu 8. Roland E. Snyder S1S Lb@W ? pp 17257 DISCLOSURE Int"" Bonk Caro Hill Omw eet 8346 Market Camp HI, FA 17011 (717) 8204800 CONFESSION OF JUDGMENT OF 20 a7 , A PROMISSORY NOTE FOR •87A00.00 OBUGATING ! AM EXECUTING. THIS _j ___o±_ DAY ? ME TO REPAY THAT AMOUNT. UNDERSTAND THAT THE NOTE CONTAINS A C?ONFEBSK)N OF JUDGMENT PROVISION THAT WOULD PENT LENDER TO ENT WITHOUT OWI!FMQ IM A. { BEING TO ME FULLY AND AWARE ? OF ? MY MAY S RIGHTS TO JUDGMENT AGAINST ME IN COURT, AFTER A DEFAU F ? ON ?DQME@IT. NOTE, IN LWITHOUTUTING THE ADVANCE NOTE. NOTICE OPPORTUNITY TO DEFEND AGAINST THE ENTRY AN THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER DING ANY ADVANCE NOTICE AND TO A HEARING TO CONTEST RIGHT AND CONSENT TOEW RIGHTS p ,KIDOMEJIT AGAIIST ME UNDER THE NOTE, I AM KNOWINGLY, II?TELU(3ffMy, AND V_ WANNG ARILY TO ADVANCE NOTICE OF THE ENTRY OF JUDGMV#, AND I EXPRESSLY AGREE LFNDGR' 1I CONFESSION OF JUDGMENT PROVISION. AGAINST ME BY CONFESSION AS PROVIDED FOR M THE GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO NOTICE OR A HEARING, THE CONFESSION OF JU T PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE ?THATHE JUbGM1wr T WOULD PERMIT BY A HEARING, TO EXECUTE FORECLOSING AFTER ENTRY OF JUDGMENT, AGAIN ON, WITH SIG HEARING PAYMENT OF THE JUDGMENT. ?gER?SADVANCE ION OF OROOTH OERMSE SEIZNG M MY ? N pROpiRTY, NOTICE AN FULL D A OR PARTIAL O FORECLOSING UPON. JUDGMENT. I qN LEV U BEING FULLY AWARE OF MY RIGHTS TO ADVA Y AND D A HE A HEARING THE GTE, ILY AFTER JUDGMENT IS ENTERED AND ND BEFORE BEFORE EX ION ON THE JUDGMENT, I AM KNOWINGLY. IITELLKiENTL E JUDGMENT IN ANY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE REE FEDERAL AND CONSENT TO LENDER'S. WITHOUT ?Q ?Y?VAN MANNER PERMITTED BY APPLICABLE STATE A AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPUCASLE, BY INITIALING EACH C. STATEMENT THAT APPLIES, ! REPRESENT THAT: INITIALS ION WITH THE NOTE. 1. 1 WAS REPRESENTED BY MY OWN lNDEPENDENT LEGAL COUNSEL IN CONNECT ? 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ME ATTENTION. ANNUAL {INCOME EXCEEDS ;10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE RU-0 IN WHEN 1 WITIALF.D D. 1 CERTIFY THAT MY AND SIGNED IT; AND THAT 1 RECEIVED A COPY ATIITHE TIME OF SIGNING. IS INTENDED THAT THIS DISCLOSURE 18 AND SHALL CONSTITUTE AND HAVE THE THIS DISCLOSURE 18 GIVEN UNDER SEAL AND 0 ' EFFECT OF A SEALED INSTRUMENT ACCORDING To LAW. 1: and phirley URE FOR CONFESSION OF DGMENT DISCL( References in the shaded aAe we for L Item at Borrower: Appalachian Properties. U-C Roland E. Swidor E. Snyder 915 Liberty Drive ShipMebur5, PA 17257 Dederant: S319 ftyy E. SynD r ' ShippensImM, PA 17257 URE FOO CONFESSION OF, DGMENT we end not Nrnit the epp0aabli{ty of tt f. doctrm*w m any particular loan or item. J.. • ?_? &--.. n,nkftd dus to taXt lerroth Nmlcedorw• Lender: kmWft ? I); andShirley 33cam 45 Market Sleet Camp HI L PA 17011 (717) 820.4500 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING. 'PHIS _Z. DAY OF ' 20 0'), A PROMISSORY NOTE FOR 187.000.00 OBLIGATING ARE TO REPAY THAT AMOUNT. L=eon TO ENTER A. 1 UNDERSTAND THAT THE NOTE CONTAINS A JUDGMENT AGAINST ME IN COURT, AFTER A DEFAU AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY ADVANCE NOTICE AND TO A HEARING TO CONTEST AGAINST ME UNDER THE NOTE,1 AM KNOWINGLY, II TO ADVANCE NOTICE OF THE ENTRY OF JUDGME AGAINST ME BY CONFESSION AS PROVIDED FOR IN 1 B. I FURTHER UNDERSTAND THAT IN ADDITION TO NOTICE OR A HEARING. THE CONFESSION OF JUDO LENDER„ AFTER ENTRY OF JUDGMENT, AGAIN WITH FORE,L08ING UPON, ATTACHING, LEVYING ON, 7A PAYMENT OF THE JUDGMENT. IN?XEC"G THE AFTER JUDGMENT IS ENTERED AND BEFORE EXEC WANING THESE RIGHTS, AND I EXPRESSLY AGREE TIED BY APPLICABLE STATE AND R )NFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT r ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME F JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO HE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ABBE" 'ELLIGENTLY, AND VOLUNTARILY WANING THESE RIGHTS, INCLUDING ANY RIGHT , AND 1 EXPRESSLY AGREE AND CONSENT TO LEMM S 94TWM JUDGMENT IE CONFESSION OF JUDGMENT PROVISION. VING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE ENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT UT ETHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDOMIPIT BY NO POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, N FULL OR PARTIAL OTE, BEING FULLY AWARE OF MY' RIGHTS TO ADVANCE NOTICE AND A HEARING nON ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY ERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. MANNER PERM C. AFTER HAVING READ AND DETERMINED WENCH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT; INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 152. A REPRESENTATIVE OF LENDER SPE61MCALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION, D. I CERTIFY THAT MY ANNUAL INCOME. EXCEEDS 010,000, THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT i RECEIVED A COPY AT ItHE TIME OF sleNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE E AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO W. DECLARANT. . (E) r Rsfenlnaes in the boxes'above ere for A.. krm r Borrower: Appalwhisn.Prcptrtlss, LLC 319 Liberty rg,P Shippen 17257 of this dooumsnt to any pudauiar loon °f hem. not omit the appllasbiNty?, Nmltagons. - Lander: Integrity Book Csrnp He offe CCeraR Ap 17011 (717) 820.4800 LATE CHARGE. If a Payment is 10 dsys o mover k greeter. DEFAULT. Upon default, InchxNrM pM rEREST AFTER .. gin ("Default R adding a 6.000 percentage point mar had there been no dill change that would heve applied otter the data of judgment at the rate In low ct at the Interest rate Nmltetiogs under ePPIIOGbl8 DEFAULT. Each of the following shall constitute an o Payment, Default. Borrower falls to make any P11 Pay Other Dsfouns, Borrower foils to comply wWith ith any of the related dooumenta or to comply between Lender and Borrower. or Default in Favor. of Third Borrower reement, In to, sales agreement, or any other g Borrower's ability t repay this Note or perform False Statements. Any warranty, representatic Nola or the related documents is false or Miele or'mislaedir>0 at anYtlms theroaftor. Dosth or In$011voney.. The.. dissolution B Of BBara Borrower, ;or. any other tetr»ina o o B the sppokrtmertt of a receiver for any Part Of under or the commencement of any Proceeding Creditor or Forfelhrro Proceedings. Commen repossession or any other method, by any cn Thisincludoo., a, garnishment of any of Borrow, not apply it there is a good faith dispute by Bi forfeiture Proceeding and If Borrower gives Lei Date InWl Rate: 9.250% - of Note. June 7, 2007 Principal Amount: 087,000.00 Bank ('Leader"), or order, in hwirr! money of the LLC ("Bono er') prorniess to pay to 1rd9Q* 00), together with IlMrsst on the unpaid PROMISE To PAY. Appslaallisn M arno Thausornd & 00/100 Dopers 087,000, United States of AmerW,-ft Pdnalpai rrmatamt In full. of p87 This payment due on May 30, prinalpal beW,ae from MsY 80; 2007, and OW btorest on May 30, onthl of ap accrued wpm in one Prkmalpel . .000.00 Plus PAYMENT- Borrower wa psYthis loan ib addMon, Bwmwsr Willi PRY nagrlMr mnthh paYrron nes IM mm day of 2008, WIN be for ail prindlnd aNd on accrued btafest not ? .. With .0. subss MA interest Payments to Irea dnewn o how each .tunes , flat to any id act; *M to interest due as of each P"Ment dats,.4sWnnirW . law, Will be apply. an a 984/380 rdess otlWW114s d or required t an bw4lss, The?anr? lnlmat rab for V* Note k Go" mind month attter thwt. U . on oosq. end then ed the outste w IlIng P' .. . other ya• , s shown above or at such wddr pdmlpai; then to any ur,P do riA(o of the snrruai krarost over s "Iff of 360 da bodes ?t is, by '00.11113i behrrce b ding. Borrower Will pay Lender at Lender s address shown sbovS Or at such by-410 sadrsl numbdr of `days the Principal ahangme in an Independentindex , piece as Lender May, designate in writing' time to time based on to chenpa from announced from time is subject rest nij VARIABLE INlEREBT..itATE., The interact rate on this to 7tne New York Prime Rate of interest is intlorest which is the Now York Prime Rate sls fsnnet a The W wS oeetPJournal, ,aasothe "Prima Ralta °f York Prime rRate of Interest Is NY not nsosssarlly the to time in various business lour index The Now r the lowest rote .x•1 The index is not necesse Y index after an index, and loans of the Bank maaYa i blisntahsd at oaat xt New York Prime lthe n r may de6lPfeT° a substitute. Bank's lowest rats of interest, vaNeble during the term 01 this loan, The kterest rate Change Will 'not occur more charged by lender era it$ loans., If.,the Index, beoomsa $O?wer's request' oumn6y is 8.260% Pte notifying Borrower. Lender will tell Borrower the cuff ^nadYxmake upon based on other rates as well- The Index int over the irnofpei balance during lids Note will be at a rats of 1.000 Percent e more than the understa tote urmps n often then tech Day: Borrower id ammum. Tha interest rate to be app r annum. NOTICE: Under no ckcumstanca will the interest rote on this kndab,, resulting In an in itial rate of 9,26096 pe fully as of the date of the loan and will not be maximum rate allowed by appiksebla law. for the all loan fees and r prepaid finance charges are spired as otherwise required by few. Except . Borrower ogress the (whether vol ry or as a result of dofauhl, exogt msrnta willrwt, Unless agreed PREPAYMENTrefund upon'sarly without penalty all or s ion of the amount owed earlier than is due. Mme Pennant "schedule. without reRather, early subject to amts usher foregoing. Borrower may pay Payments marked 'paid in full", torn , or to by Lender in writing, relieve Borrheowean Of rro?e f' ebI aiteea ro ot ? t° meLender PsY?nPayme r this Note, end d Borrower ue. : will reduce the principal Mar may accept h without losing any of Lender's riphte payments disputed -amounts, irncktdinp any check similar language' if Borrower sands such a payment, Mar will rtmaln obiigsbod'to pay artY-furttwr amount owed Lender. Atl written commrt?a? of o the emorxt ow Bank 3914 Market Street Ca?mP ent constitutes "PaYm air other' paYment instrument that Indicates that ttio P cond'Rions or limitations or ss full satisfaction of a dls uted amount moat be mailed or delivered to: integrity scheduled PaY or •10.00, HIII; PA 17011. 6.00096 of the regulsdy r more fete, Borrower will be charged PROMISSORY NOTE maturity, the interest rate on this Note shall be increased by failure to pay upon final o each suocee?ng Interest rate s 'Merght"). The Default Rate Margin stall 0190 to NOW, apply raft. if judgment is entered In Dormeotlon wavant ith W-11 the interest rows continue the maxim xn ne judgment to entered. However. In no of default ("Event of Defoult') under this Note: rent when due under this Note. contained in this Note or In to perform r to perform any tother term# erm, obligationg covenant or ,co Dr condition connttained in any other agreement ny Grantor defaults under env loan, extension of oredit, socurlty agresment, purchase or x of any other creditor or person that may materially effect any of Borrower's Property or Borrower's obligations under this Note or any of the related documents. or statement mode or furnished to Lender by Borrower or on Borrower's behalf under this ding in any material respect, either now or at the *no made or furnished or becomes false wer (regardlsee of.whethor election to continue is mado), any member withdraws from a existence as a going business or the death of any member, the kaolvenoy of 'Borrower, rower's property, any assignment for the benefit of cradtors, any type of creditor workout, any bankruptcy or insolvency laws by or against Borrower. ban. proceedings, % whether by judicial proceeding, ? smart of foreclosure or forfeiture agency against any collateral securing titer of Borrower or by any governmental 's accounts, Inciuding deposit accounts, with Lender' However, this Event of Default shaill rower as to the validity or reasonableness of the claim which is the basis ofto creditor or and deposits with Jar written notice of the creditor or forfeiture Proceeding ` J PROMISSORY NOTE page 2 tRM201450 (Continued) Lender, in its sole discretion, e, surety bond for the creditor or forfeiture proceeding, In an amount determined by Guarantor of any of the Indebtedness or any serve or bond for the dispute. ct to any guaranty of the Indebtedness Guarantor. Any of the preceding events occurs with reapsof, or liability under, °nY Events Affecting ei or revoke8 or disputes the validity may, b aired to, permit the Guarartor's sv Event of Guarantor dies or becomes income at its option, msY b? shall not be req doing i0, ctue any evidenced by this Note. M the event of a death, Lender, e unconditionally the obNgetions arising under Ilse guaranty In a manner satisfactory to Lender, end, in "Burns prospect of payment or tAdvKSe grange. A material adverse change occu?s in Borrower's financial condition, or Lender believes the performance of this Note is Impaired. Mascutty. Lender in good faith believes Itself Insecu?e. given a notice of s breach of the Can Provisions if any default mart is curable and becredif Bhas not or ower been after receiving written notice from . , other the receding 1 valve 112) months, it may Pi k and thereafter contirnies ° some provision of this Note within the p default within ten (10) days; c l21 if the cure require more than ten continues days, a the Lender demanding curs of such default. (1) cures , sufficient Lender demanding initiates sUPs which Lender deems in nder's sda dl Be rmpoia ao ea s as re onobly ractical ImmedlatelY suffic nt to Podn the entire unpaid principal completes all reasonable and necessary atePs after iving suc h notices as required by applicable law, declare . LENDER'S RIGHTS. Upon default, Lender may, t this Note if Borrower doss not paY• Borrower will Pay balance ender this Note and all accrued r unpaid may interest someoney due , and than Borrower WIN pay that amount else to help collect nabls attorneys' fees and Lender's legal expenses, efforts to modify or ATTORNEYS' FEES; EXPENSES. Lender may hire or. P a 1Cahie law, Lenders reaso (including Lender that amount. This Inaludae, subject to any Nm unattorneys' der PPl fees, expenses for bankruptcy Pr court costs, In addition to whether or not there I. a o inwsuit, including reason junction) and appeelsbl f not prohibited by BPP11CWO law, Borrower also WIN P°Y any vacate any automatic stay , of counterclaim brought by aithsr Lender all other sums provided by low. trod any action. proceeding JURY WAIVER. Lender and Borrower hereby waive the right to any jury or Borrower agelnst the other. preempted by federal law, the laws of l law sppacobla to Lender and, to the 91 not Lender In the the This Now has been accepted by GOVERNING LAW. This NOW WIN be governed by its of law provlsbns. Commonwealth of Pwrrrsylvanis without regard o COn? of Cumberland CommonwMtth of Ponn "roole- OF VENUE. If there is a lawsuit, Borrower grass upon Lender's request to submit to the jurisdiction of the courts CHOICE County, Commonwealth of Pennsylvania. Payment on Borrower's loan and the check or DISHONORED ITEM FEE. Borrower will pay a fee toy Lender of 428.00 if Borrower makes a Meauthorized charge with which Borrower Pays is late dishonored. with Lender (whether ETOFF. To the extent permitted by °PP1Ic be law, Lander reserves a right of ssto h sumsono give and all accounts Burr y rohlftd by RIGHT OF S not include a IRA or Keognts Borrower holds ointly wit h to accounts, or charge any trust trust aooourrta for which setoff would be p against any checking, savings, or some other account), This loci all accoc applicable lave j setoff all sums owing on the Indebtedness open In the future. However, this does wed by aPPN low. Borrower suthorizee Lender, to the extant pa n County, and sit such accounts. a let mortgage "on on 1918 Regina Street, Harrieburg, DsuphiCOLLATERAL. Borrower acknowledges this Note It secured by of the date of closing, subject Pennsylvania. scion due. 0 a call option CALL OPTION, The Bank shall hav notice to Burr w h dvie g the Bank's election to call the 0obliig son roe PATRIOT ACT. TO HELP THE GOVERNMENT FIGIHE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL to ninety (90) days advance VERIFY, AND RECORD INFORMATION THAT IDENTIFIES ACEACH COUNT SO A OAP NS LAW AN AC N, REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, WILL ACCOUNT. WHAT THIS MEANS FOR YOU: YOU OPEN E ACCOUNT ION THAT IT BE FOR YOUR NAME, ADDRESS, DATE OF F BIRTH, IAND ?INf3ED000MEMSION THAT WILL ALLOW U5 TO IDENTIFY YOU. eU' WeEs?r WILL ASK ALSO ASK TO SEE YOUR DRIVER'S LICENSE OR 0 HE ant and performance of all other loans to Borrower o any 9 CR088 COLLATEi'iALiZED/CROSS DEFAULT. This inn also secures 'P°Ym all of the Loan. personal represarrtetivea, The word "Guarantor" means any guarantor, surety Or accomondation party of rower, and upon Borrower's heirs, P SUCCESSOR INTERESTS. The terms of this Not shall be binding upon Borrower, or may of forgo successors and assigns, and shall inure to the benefit of Lender and its successor and assigns. on who signs, guarantees or endonas not a any otheBfL?a Note• change in the terms o this Lender May GENERAL PROVISIONS. If any part of this Note cannot without unforced, this facto rower andffect this Now, to the extent allowed by no party who signs this Note, whether as maker, guarantor, any length of time) the Note, enforcing and any of unless its rights otherwise or eremedies d by expressly low, stated Waive in w endorser, ahs be released from liability. All such parties ? pr N ontment, demand for payment, and notice of dishonor. Upon any rties agree that Lender mey renew or extend (repeatsrNY and aria security interest in the collateral: and take All such parties also agree that Lender mey and ake loan or release any Y o or impair, fail to realize upon or perfect Party of guarantor or collateral any other action deemed necessary notice is Lender ante a without other the con thanthsente party of or notice whomththe modification is made. The Obligations wider this Note with are any clot and several. If af anny of Portti on no of this Note a for any reason determined to be unenforceable, it will not affect the enforceability o any this loan without the consent or j other.provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE I'OR FILED CONFESS OR ENTER JUDGMENT PROTHONOTARY CLERK F ANY LOUR IN THE COMMONWEALTH OF PENNSYLVANIA, AND ACCRUED BORROWER AFTER A DEFAULT UNDER T IS NOTE LA AND WITH WITHOUT COMP THiT NOTE. CHARGES WITH COSTS AGAINST TE AND AND BURROWER FOR THE ENTIRE P L ADER RELATING TO OANY COLLATERAL SECU I GLANCE AND ACCRUED INTEREST REST FOR ALL AMOUNTS EXPENDED ' ADVANCED D BY BY NCIP OF SUIT, AND AN ATTORNEY'S COMMISSION 0 D F FIVE 50 DOING, THIS NOTE (4 A COON OF THIS NOTE VERIFIED BY DAONE Oft SHALL TEN PERCENT (10%) OF THE UNPAID COLLECTION, BUT IN ANY EVENT T NOT NOT LESS AN FIVE HUNDRED DOLLARS OR A ON OWHICH JUDGMENT OR JUDGMENTS F HI AGAINST BORED BY R FI ALL NOT BE EXHAUSTED EXECUTIONS MAY ISSUE IMMEDIATELY, `jam AND AT ALL TIMES UNTIL PAYMENT IN BE SOUS ED BY ANYREXERCISE OF THA / )TH RITE, BUT HALLL CONTINUE FROM TIME is n r LOW NO: 1500201450 PROMISSORY NOTE page 3 FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALA NTS ADVAN OF SUIT, AND ANATTORNEY 8 COMMISSION OFTE ? R COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIV MORE EXECUTIONS MAY ISSUE IMMEDIATELY, AND FOR Be SUFFICIENT WARRANT. THE AUTHORITY GRANT EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, B H?IING IALL AMOUNTS E UNDER NOTE, BORR N CONNECTIONWIT A Y SIUCH CONFESS SPECIFICALLY CALLED THIS CONFESSION OF JUDG REPRESENTED BY INDEPENDENT LEGAL COUNSEL. D WITH OR WITHOUT COMPLAINT. FILED, CONFESS OR ENTER JUDGMENT AND S COLLATERA SCRUEDINTEREST ECURINGG THIS ,NQLATE TE, TOGETHER CHARGES AND AND WITH ANY COSTS OF THIS NG NOTE AND ALL AC N ENT !10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR )GmENT OR GMENTS NE OR H ppl D THIS NOTE O$ A COPY OF THIS NOTE VERIFIED BYDAFFIDAVITSMALL JUDG O UNTIL PAYMENT IN NOTE CONFESS BORROWER ED I SHAILSL CONTINUE FROM TIME O MIME AND AT ALL TIMES SHALL NOT TO A R HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE T NO O ENDER N OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE HAS BEEN ENT PROVISION TO BORROWER'S ATTENTION OR BORROWER D AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE prAOR TO S10NING THIS NOTE, EACH 9ORROW'MR AGREES TO THE TERMS OF THE NOTE. VARIABLE fifTERES RATE pROVIgMS. EACH COPY OF THIS PROMISSORY NOTE. NOTE IS AND SHAD. CONSTITUTE AND HAVE THE EFFECT OF A BORROWER ACKNOWLEDGES RECEIPT OF A CONIPLETF.? THIS THIS NOTE 18 .0" UNDER SEAL AND IT 18 INTENDS, THAT SEALED INSTRUMENT ACCORDING TO LAW: BORROWER: LENDER: INTEGRITY BANK rn+aao N?u 1aa7. 1007. MM1W ?"?' '1A 4 a w D1SCL BOTTOWaf: ?CMan ?ropoll?" LLC E. SnYdW t 319 LftwIY gh ,P PA 17267 Deolwant: 3p n? , LLC ShippenOmM, PA 17287 DGIVIENT houlky s" cwm Hm OHfa . 8346 MMkot SWOC Cmv H% PA 17011 1717) 92044W DISCLOSURE F4 THE UNDERSIGNED IS EXECUTNG ON BEHALF OF DI PROMISSORY NOTE FOR 487,000,00 OBLIGATING DECL A. THE UNDERSIGNED UNDERSTANDS THAT THE NC LENDER TO ENTER JUDGMENT AGAINST DECLARANI DECLARANT AND WITHOUT OFFERING DECLARANT AI THE NOTE, BEING FULLY AWARE OF DECLARANT'6 R ANY JUDGMENT OR OTHER CLAIMS THAT LENDER BEHALF OF THE DECLARANT, E KNOWINGLY, INTELU ADVANCE NOTICE' OF THE ENTRY OF JUDGMENT, AN[ JUDGMENT AGAINST DECLARANT BY CONFESSION AN B. THE UNDERSIGNED FURTHER UNDERSTANDS TH. DECLARANT WITHOUT ADVANCE NOTICE OR A NEAT LANGUAGE THAT WOULD PERMIT UNDER, AFTER EM EXECUTE ON THE JUDGMENT BY -FORECLOSING UPI DECLARANT'S PROPERTY, IN RILL OR PARTIAL PAW DECLARANT'S RIGHTS TO ADVANCE NOTICE AND JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREE ANY MANNER PERMITTED BY APPLICABLE STATE ANI C. AFTER HAVING READ AND DETERMINED WH STATEMENT THAT APPLIES, THE UNDERSIGNED REPF INITIALS 1. DECLARANT WAS REPRESENTED R CONFESSION OF JUDGMENT 0'1 S DAY OF A B.ARANT, THIS 3 1RANT TO REPAY THAT AMOUNT. rE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. N EXEWMG RHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF LAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON 1ENTLY, AND VOLUNTARILY WANING THESE RIGHTS, INCLUDING ANY RIGHT TO THE LM09I MED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. T IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST NG, THE CONFESSION OF JUDGMENT PROVISION N THE NOTE ALSO CONTAINS RY OF JUDGMENT, AGAIN wITHgmT ETHER ADVANCE NOTICE OR A HEARING, TO N, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEEING INTENT OF THE JUDGMENT. N EXECUTING THE NOTE BEING FULLY AWARE OF A HEARING AFTER JUDGNINT IS ENTERED AND BEFORE EXECUTION ON THE )ECLARANT. E KNOWINGLY, INTELUGENTLY AND VOLUNTARILY WAIVING THESE I AND CONSENTS TO LENDER'S IMMEDIATELY EXEC" Q ON THE JUDGMENT IN FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE IH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH MENTS THAT. DECLARANT'8 OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. "*2. A REPRESENTATIVE OF LEADER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANT'S ATTENTION. THIS DISCLOSURE 18 GIVEN UNDER SEAL AND IT EFFECT OF A SEALED INSTRUMENT ACCORDING TO DECLARANT: !URE FOR CONFESSION OF INTENDED THAT THIS DISCLOSURE 18 AND SHALL. CONSTITUTE AND HAVE THE PROPERTIES. C'? N `? ,` lV ?'' C7 r7l fT7 CID 'n r `? ` -[ N * 'X' K INTEGRITY BANK, Plaintiff V. APPALACHIAN PROPERTIES, LLC, ROLAND E. SNYDER and SHIRLEY SNYDER, Defendants IN THE CCOURT UMBERLAND OF COMMON PLEAS COUNTY, PENNSYLVANIA . NO. CIVIL ACTION -LAW TO: Roland E. Snyder and Shirley. Snyder Appalachian Properties, LLC 319 Liberty Drive Shippensburg, Pennsylvania 1 '1257 confession was You are hereby notified that on December=, 2008 a judgment by a ainst each of you in the above-captioned case in favor of Integrity Bank as follows: entered g Principal: $86,506.68 918.21 Accrued Interest: 218.10 Late Fees 742.49 Attorne Fees 10% mmission g : $98-742.48* Total: *along with interest ' ccruing at the per diem rate of $15.03 after December 5, 2008 until paid in fal , plus costs. DATE: /a ` PROTHONOTARY le Z- INTEGRITY BANK, Plaintiff V. APPALACHIAN PROPERTIES, 1,14C, ROLAND E. SNYDER and SHIRLE E SNYDER, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. i,0:;? - 7/ 7 q CIVIL ACTION -LAW OF I, Clayton W. Davidson, Esq? Properties, LLC, Roland E. Snyder a Liberty Drive, Shippensburg, Cumber ;, hereby certify that each of the Defendants, Appalachian Shirley E. Snyder are located and/or residing at 319 County, Pennsylvania 17257. McNEES WALLACE & NURICK LLC Date: December 8, 2008 By Clayton W. D idson PA Attom I.D. No. 79139 McNees allace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a,mwn.corn Attorneys for Plaintiff, Integrity Bank ?? .., co q INTEGRITY BANK, Plaintiff V. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c NO. eq - APPALACHIAN PROPERTIES, LL ROLAND E. SNYDER and SHIRLE, E. SNYDER, Defendants : CIVIL ACTION -LAW AFFIDAVI OF NON-MILITARY SERVICE AND L ST-KNOWN ADDRESSES OF ROLAND E SNYDER & SHIRLEY E. SNYDER COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Defendants, Roland E. Snyder and Shirley E. Snyder, are not in the i Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Acts f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Roland E. Snyder and Shirley E. Snyder are over eighteen (18) years of age and were last known residing at 19 Liberty Drive, Shippensburg, Cumberland County, Pennsylvania 17257. SWORN and subscribed to before m this day o ember, 2008. COMMONWEAL' Notary Public My Commission Expires (SEAL) Notarial Seal Ellen M. Palmer, Notary Public City of hlarrisburg, Dauphin Courriy My Carrirrdssion E?ires Aug.1,2010 rn Cl) . I - INTEGRITY BANK, Plaintiff V. APPALACHIAN PROPERTIES, LLC, ROLAND E. SNYDER and SHIRLEY E. SNYDER, Defendants IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7179 Civil CIVIL ACTION -LAW PRAECIPE TO SATISFY JUDGMENT AND DISCONTINUE ACTION TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please satisfy the judgment and thereafter discontinue the action. Date: April 22, 2009 McNEES WALLACE & NURICK LLC By: _ ? a ?_ -:__= - Clayton IV. avidson, Esquire PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson@mwn.com Attorneys for Integrity Bank 4 ti _ r CERTIFICATE OF SERVICE I, Clayton W. Davidson, hereby certify that a true and correct of the foregoing Praecipe to Satisfy Judgment and Discontinue Action was served by first class, U.S. mail on the date listed below to the following: Appalachian Properties, LLC 319 Liberty Drive Shippensburg, PA Date: April 22, 2009 Roland and Shirley Snyder 319 Liberty Drive Shippensburg, PA 17257 son Clayton W. &Dav' FILE-: "T THE P,- i 40TAPY 2009 APR 23 PI'S i : It 1 ?[}_