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HomeMy WebLinkAbout09-2971 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Oq - dq'l? l..ivilTern? STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Guarantee, as defined in the Complaint filed in the above captioned case and evidenced by Exhibits A and B to said Complaint, we appear for Defendant, Steve E. Westhafer, Cumberland Valley Development, Inc. and Westhafer Construction, Inc. and confess judgment against them in favor of Plaintiff, Integrity Bank, as follows: Principal: $718,242.50 Accrued Interest: 8,748.62 Late/Satisfaction Fees 445.68 Attorney Fees (10% commission): 71,824.25 Total: $799,261.05* *along with interest accruing at the current per diem rate of $99.75 until paid in full Date: May 8, 2009 McNEES WALLACE & NURICK LLC 4.n vidson 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(a,mwn. com Attorneys for Plaintiff, Integrity Bank r INTEGRITY BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants . NO. : CIVIL ACTION -LAW NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Steve E. Westhafer Cumberland Valley Development, Inc. Westhafer Construction, Inc. 71 Silver Crown Drive, Mechanicsburg, PA 17055 A judgment in the amount of $799,261.05 has been entered against you and in favor of Integrity Bank, in the above captioned case without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC Date: May 8, 2009 By; ?- Clayton W. Da dson Attorney I.D. 79139 100 Pine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(a,mwn. com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants CIVIL ACTION -LAW NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A. § 2737.1 (Act 105 of 2000) PURSUANT TO 42 Pa. C.S.A. SECTION 2737.1, IF YOU HAVE BEEN INCORRECTLY IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YOU, YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. INSTRUCTIONS REGARDING THE PROCEDURE TO STRIKE THE CONFESSED JUDGMENT ARE SET FORTH BELOW: Pennsylvania Rule of Civil Procedure 2959 - Striking off Judgment (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. You may have other rights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 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) cdavidsonna mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, Plaintiff V. STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Integrity Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff, Integrity Bank (the "Bank"), is a Pennsylvania banking institution doing business at 3345 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Steve E. Westhafer ("Westhafer"), is an adult individual last known residing at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, 17055. 3. Defendant, Cumberland Valley Development, Inc. ("CV Development'), is a Pennsylvania business corporation doing business at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, 17055. 4. Defendant, Westhafer Construction, Inc. ("Westhafer Construction'), is a Pennsylvania business corporation doing business at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, 17055. 5. On or about August 31, 2005, the Bank loaned CV Development the sum of $720,000.00 (the "Loan") as evidenced by a promissory note (the "Note") dated the same. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note (less any applicable tax identification numbers) and any change in terms. 6. On or about August 31, 2005, Westhafer Construction agreed to act as an unconditional surety for the payment and performance of all indebtedness due and owing by CV Development to the Bank, including, but not limited to, the Loan and immediately thereafter executed a guarantee (the "Second Guarantee") evidencing its agreement to the Bank. Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Second Guarantee. 7. CV Development has defaulted under the Note by failing to make payment when due. 8. Westhafer Construction has defaulted under the Second Guarantee as a result of CV Development defaulting under the Note. 9. As a result of said defaults, the Bank has accelerated the entire indebtedness due and owing regarding the Loan. 10. The Note and the Second Guarantee, as well as applicable law, do not require the Bank to provide notice priror to accelerating the indebtedness thereunder and/or provide for any right to cure these payment defaults. 11. The Note provides that upon a default thereunder the Bank may confess judgment against CV Development for the entire principal balance due and owing thereunder along with accrued interest, late fees, satisfaction fees, prepayment penalties, costs of suit and an attorney's commission of 10% of the principal balance due and owing. 12. The Second Guarantee provides that upon a default thereunder the Bank may confess judgment against Westhafer Construction for the entire principal balance due and owing thereunder along with accrued interest, late fees, satisfaction fees, prepayment penalties, costs of suit and an attorney's commission of 10% of the principal balance due and owing. 13. The total sums due and owing under the Note and the Second Guarantee by CV Development and Westhafer Construction to the Bank as of April 22, 2009 are itemized as follows: Principal: $718,242.50 Accrued Interest: 8,748.62 Late/Satisfaction Fees 445.68 Attorney Fees (10% commission): 71,824.25 Total: $799,261.05* *along with interest accruing at the current per diem rate of $99.75 until paid in full (the "Indebtedness") 14. All conditions precedent have been satisfied to allow the Bank to confess judgment for the Indebtedness against CV Development under the Note and Westhafer Construction under the Second Guarantee. 15. The Bank is the holder of the Note and the Second Guarantee. 16. The Note and the Second Guarantee 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. 17. Judgment has not been confessed or entered under the Note or the Second Guarantee against CV Development and Westhafer Construction in any other jurisdiction. 18. The 10% attorney's fee commission included in the confessed judgment is authorized under the Note and the Second Guarantee and is being used to calculate a sum certain for purposes of confessing judgment; however, the Bank will only seek and recover its actual and reasonable attorney's fees for costs of collection in this matter. WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Court to enter judgment by confession against Defendants, Cumberland Valley Development, Inc. and Westhafer Construction, Inc., in the amount of $799,261.05 along with interest accruing at the per diem rate of $99.76 after April 22, 2009 until paid in full. McNEES WALLACE & NURICK LLC Date: May 8, 2009 By j ?--- Clayton W. vidson 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) cdavidsonna,mwn. com Attorneys for Plaintiff, Integrity Bank VENATION I, Robert K. Day, Executive 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. Robert K. Day, Executive Vice of PubeQrity Bank / x?, b' f 14 1 PROMISSORY NOTE tt`. t :?tit :. `'.t•:t;?;'.;L; ` References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular a Any item above containing "***"has been omitted due to text length limitations. y particular loan or item. Borrower: Cumberland vallwv npwainnment, Inc. (TIN' • Lender Integrity Bank 71 Silver Crown Drive Camp Hill Office 3345 am Market Street Mechanicsburg, PA 17055 C Camp Hill, PA 17011 (717) 920-4900 Principal Amount: $720,000.00 Initial Rate: 7.500% Date of Note: -August 31, 2005 PROMISE TO PAY. Cumberland Valley Development, Inc. ("Borrower") promises to pay to Integrity Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Seven Hundred Twenty Thousand & 001100 Dollars (9720,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid Interest on August 31, 2006. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment data, beginning September 30, 2005, with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual Interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest". The New York Prime Rate of Interest is an index, and loans of the Bank may be established at, above or below the index. The New York Prime Rate of Interest is not necessarily the Bank's lowest rate of interest. The interest rate shall float at New York Prime (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 6.600% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting In an initial rate of 7.500% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Integrity Bank, 3345 Market Street Camp Hill, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or 910.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 6.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Borrow com anyeofDthea elated doc meentslor to c mpply with to perform any this Note or in to perform any term, obligation, covenant or condition contained contained n any iother agreement between Lender and Borrower. Default M Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. PROMISSORY NOTE Loan No: 1500097033 (Continued) Page 2 Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve 0 2) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within ten 00) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby,;.teraip&;ttts.tight to any jury trial In any action, proceeding, or counterclaim brought by either Lender .k r ;.Y;.; or Borrower against the other. (Initial Here y?fis: ,.;; ) GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $10.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated August 31, 2005, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (C) collateral described in a Commercial Security Agreement dated August 31, 2005. LINE OF CREDIT. This Note evidences a revolving line of credit. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. PATRIOT ACT. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WHETHER IT BE A DEPOSIT ACCOUNT OR A LOAN, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS. CROSS COLLATERALIZED/CROSS DEFAULT. This loan also secures payment and performance of all other loans to Borrower or any guarantor. The word "Guarantor" means any guarantor, surety or accomondation party of any or all of the Loan. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND'ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCEn BY LENDER RELATING TO ANY COLLATERAL SEri 'RING THI T THER ITH COSTS OF SUIT, AND AN ATTORNEY'S COMMI I OF TEN PERCENT (1.0%) OF THE UNPAID PRIR tL BA ED 11. TEREST FOR COLLECTION, BUT IN ANY EVENT NOT S THAN FIVE HUNDRED DOLLARS ($500) ON :ICH JU OR'JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE immr-mQTFi v• GNn FnR cn nn1Nr- TUIC Pdf'%TL . m .? ?... ..__ __._.__ PROMISSORY NOTE Loan No: 1500097033 (Continued) Page 3 BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: C RLAND VALLEY DEVELOPME , I B ?<> Seal Steve E. Westhafer, President o umberland Valley Development, Inc. LENDER: INTEGRITY ....'.. r.., -0, - e.n.w.am Cap. /Wland Mana416alutiana, Ina. 1"7' 3001. N MMu Mrv,d. -"A RNtNCM01C""LM FC MI -ICM M-13 DISCLC JRE FOR CONFESSION OF., DGMENT References in the shaded area are for Lender's use only and do not limb the applicability of this document to any particular loan or item. Any item above containing "•••" has been omitted due to text I limitations. Declarant: Cumberland Vaaav flavalnnment, Inc. (TIN: Lender: IM• prity Bank 71 Silver Crown Drive Camp HNI Office Mechanicsburg, PA 17065 3346 Market Street Camp HM, PA 17011 (717) 920-4900 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS 2 9 7- DAY OF PROMISSORY NOTE FOR $720,000.00 OBLIGATING DECLARANT TO REPAY TH T AMOUNT. __?r9ud T 20?_? A A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANT'S ATTENTION. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT C LAND VALLEY DEVELOPMENT, IN . Seel) • nt o ..u :r .'^Valley `«<1 Development, Inc. LASER MO LWW%G V 1.27.00.005 CM Mrlrd 20x6M WOO MwV"d ?A XNANAD5101C11µfL1p50.PC 7R-1026 Mali ,off., b 46 COMMERCIAL GUARANT` _ ... .. ..............::.:?.?:rcv:.:vn>,.x--i72:•.Y•iFF.i•. vn•:i?:?try$ti?•"•`. n. . -,v:•'•i .• 4v .,,- __ _.. .: v h References in the shaded area are for Lender's use only and do not limit the applicability of this document to an { { Any item above containing ""*•" has been omitted due to text length limitations. y particular loan or hem. Borrower: Steve E. Westhafer 71 Silver Crown Drive Lender: Integrity Bank Mechanicsburg, PA 17055 Camp Hill Office 3346 Market Street OP Camp Hill, PA 17011 Guarantor: Westhafer Construction, Inc. (717) 920-4900 71 Silver Crown Drive Mechanicsburg, PA 17055 AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, Weathafer Construction, Inc. ("Guarantor") absolutely and unconditionally guarantees and promises to pay to Integrity Bank ("Lender") or its order, in legal tender of the United States of America, the Indebtedness (as that term is defined herein) of Steve E. Weathafer ("Borrower") to Lender on the terms and conditions set forth M this Guaranty. This Guaranty is a guaranty of payment and not a guaranty of collection. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes any and all of Borrower's indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations and debts to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur In the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of Indebtedness, even to zero dollars ($0.00), prior to Guarantor's written revocation of this Guaranty shall not constitute a termination of this Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and IN to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or COMMERCIAL GUARANTY Loan No: 1500097033 (Continued) Page 2 threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and M Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. In addition to the waivers set forth herein, if now or hereafter Borrower is or shall become insolvent and the Indebtedness shall not at all times until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and gives up in favor of Lender and Borrower, and Lender's and Borrower's respective successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become a "creditor" of Borrower within the meaning of 11 U.S.C. section 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone elsq.to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses elude tinder's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and lre proceedings (including efforts to modify or vacate any automatic stay or injunction), a "bankruptcy Y injunction), appeals, and any antici p _ $- nt collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Guaranty has been accepted by Lender In the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylva Integration. Guarantor further agrees :.,at Guarantor has read and fully understands the .arms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentinna and nn-1 COMMERCIAL GUARANTY Loan No: 1500097033 (Continued) Page 3 evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words .FBorroWer",.ar)d "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include,ahe)-?eirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be'enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive Mom) trial in any action, proceeding, or counterclaim brought by either y Lender or Borrower against the other. (Initial Here jury DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Steve E. Westhafer and includes all co-signers and co-makers signing the Note. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation Westhafer Construction, Inc.. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means Integrity Bank, its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. COMMERCIAL GUARANTY Loan No: 1500097033 (Continued) Page 4 EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED AUGUST 31, 2005. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: W HAFER CONSTRUCTION, INC. so: > .> ... By Steve E. W s'i afer, vPresid of+ Westhafer Seal) Construction, Inc. LMFA PW lwWbP V #27.00.00S Cap N"W d Fh W 64udMn h. M7 1006 M RgAO NMVM. PA K. ucNOlra?Pn?umro 7n-10ss Pn.la DISCLC )RE FOR CONFESSION OF J )GMENT Borrower: Steve E. Westhafer Lender: Integrity Bank 71 Silver Crown Drive Mechanicsburg, PA 17055 Camp M 3945 Market et Strset Camp HUI, PA 17011 Declarant: Westhafer Construction, Inc. 1717) 920-4800 71 Silver Crown Drive Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THI Z _.j 7- DAY OF GUARANTY OF A PROMISSORY NOTE FOR 81,036,000.00 OBLIGATING DECLARANT TO REPAY TH T AMOUNT. -' 20,:::)-t , q A. THE UNDERSIGNED UNDERSTANDS THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE GUARANTY, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 4?-E)Aj 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO DECLARANT'S ATTENTION. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: THAFER CONSTRUCTION, INC. :: B ? »::>s:<::»:`:Seal) ffl 41M. vs Westh i..:?;:: :n • esthafer Construction, Inc. References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "• • •- has been omitted due to teM length limitations. FILED--4--IFr"rE CF THE PR OJT EK -N?IOTAPY 2009 MAY 12 f: C. ; 6 s i,Jr,d A v1.'l.so Po AT" Gc. ?' t8ooy3 m4g94 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. OAR - o197/ Cwt Terw? STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants CIVIL ACTION -LAW CERTIFICATE OF RESIDENCE I, Clayton W. Davidson, Esquire, hereby certify that the Defendants, Steve E. Westhafer, Cumberland Valley Development, Inc. and Westhafer Construction, Inc., are located at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, 17055. Date: May 8, 2009 McNEES WALLACE & NURICK LLC By 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) cdavidsonna,mwn.com Attorneys for Plaintiff, Integrity Bank FILED,DVFICE OF THE PR'??r?ONOTAPY 2009 MAY 12 AM 8: 55 cum;-- ju #,YANA INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Oq - aq 71 STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants : CIVIL ACTION -LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESSES OF STEVE E. WESTHAFER COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN . SS. (2;6<< 7?. The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Defendant, Steve E. Weshafer, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, fVa the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Mr. Westhafer is over eighteen (18) years of age and was last known residing at 71 Silver Crown Drive, Mechanicsburg, PA 17055. 2" ev Clayton W. Dav' on, Esquire 41IR N and subscri ed to before me this 8th day of May, 2009. AA - COMMONWEALTH OF PENNSYLVANIA Notarial Saw Publ ic Ban M Palmer, Nobvy Public My Commission Expires C11YO! F. :'."RDUQ, Dauphh county (SEAL) MY 6c r? EkesAW.1,2010 PILFD-aFfCE OF TFE PM ,7""O"I,lOTARY 1009 MAY 12 Ate 8: 55 CU???y? ?(;+?luN?IY INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Oq- o1971 Civil Taro- STEVE E. WESTHAFER, : CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT TO: Steve E. Westhafer Cumberland Valley Development, Inc. Westhafer Construction, Inc. 71 Silver Crown Drive, Mechanicsburg, PA 17055 You are hereby notified that on May AOL , 2009 a judgment by confession was entered against each of you in the above-captioned case in favor of Integrity Bank as follows: Principal: $718,242.50 Accrued Interest: 8,748.62 Late/Satisfaction Fees 445.68 Attorney Fees (10% commission): 71,824.25 Total: $799,261.05* *along with interest accruing at the current per diem rate of $99.75 until paid in full 17, DATE: P THON INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-2971 Civil Term STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants :CIVIL ACTION -LAW RETURN OF SERVICE REGARDING NOTICE UNDER Plaintiff, Integrity Bank, files this Return of Service in accordance with Pa. R. Civ. P. 2958.1(c) and hereby swears and affirms that Defendants, Steve E. Westhafer, Cu Berland Valley Development, Inc. and Westhafer Construction, Inc., were served with a N tice under Pa. R.C.P. No. 2958.1 of Judgment and Execution Thereon by Certified Mail on Ju a 1, 2009, at 71 Silver Crown Drive, Mechanicsburg, PA 17055, as provided by Pa.R.Civ.P. 40 , as is evidenced by a true and correct copy of the Certified Mail card signed by Steve W sthafer. McNEES WALLACE & NURICK LLC Date: June 10, 2009 By: (.~'~..DE--~'~~~ /~-= Clayton W. Da son Attorney I.D. 7 139 100 Pine Street - P.O. Box 1 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonna,mwn. com Attorneys for Integrity Bank 2. Article Number -~-`-- ""° - 7160 39Q1 9848 1689 2862 I 3. Service TYPe CERTIFIED MAIL 4• Restricted Delivery? (erg Fee) 1• Article Addressed to: QYe+ Steve E. WeSthafer Cumberland Valley Development, Inc, Westhafer Construction, Inc. 72 Silver Crown Drive, Mechanicsburg, Pq 17055 - • ..... , ~ .ranuary 2005 ~._._""' --~ nam..,~. L ~F THE P~~?~H~~~TAF?Y 21lQ9 J,?F~ ! ! f'i~ f ~ ~ 6 r ~ INTEGRITY BANK, Plaintiff v. CUMBERLAND VALLEY DEVELOPMENT, INC., STEVE E. WESTHAFER, AND WESTHAFER CONSTRUCTION, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYI~+'A1~A -~ t~ Q c.._ No. 2009-02971 ~ ' ` r Judgment Entered: May 12, 2009 ~} - ~ a r • -x' t~ rv • ~ ca i ~? Judgment Amount: $799,261.05 PRAECIPE TO RELEASE LIEN TO THE PROTHONOTARY: You are hereby directed to release the premises described in the legal description attached hereto from the lien of the above-captioned judgment. INTEGRITY Dated: ~ ~ s ~ ~? y / d By: K. Day ive Vice Presi p~ ~~ G4 ~1Gff/~~.-~ ~~.~`zrc~ ~~ ~ 3yis~ ~L'~' ~W3 37~ Exhibit A Leal Deccrration Lot 3 West Cover Street Mechanicsburg, Pennsylvania Parcel No. 20-24-0785-463 ' ALL THAT CERTAIN Unit, being Unit 1, situate in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, known, named and identified in the Declaration for Mechanicsburg Commons, a Planned Community ("Declazation") which has been submitted to the provisions of the Uniform Planned Community Act, 69 Pa. C.S.A. §5101 et. seq. , as amended, by the recording of the Declazation in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, dated May 7, 2010, recorded May 11, 2010 to Instrument No. 201012051 being. designated in such Declaration as Unit 1 (Identifying Number) as described in Section 2.2 and Exhibit E of the Declaration and the Declaration Plats and Plans. BEING Lot No. 3, Subdivision Plan for Mechanicsburg Commons, last revised November 4, 2002, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 89, Page 115B. BEING PART OF THE SAME PREMISES which Sherry L. Hughes, by Deed recorded May 14, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 4950,-granted and conveyed unto Cumberland Valley Development, Inc., the Grantor herein. c •~ INTEGRITY BANK, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No. 2009-02971 CUMBERLAND VALLEY :Judgment Entered: May 12, 2009 DEVELOPMENT, INC., : STEVE E. WESTHAFER, AND WESTHAFER CONSTRUCTION, INC. Defendants :Judgment Amount: $799,261.05 PRAECIPE TO RELEASE LIEN TO THE PROTHONOTARY: You are hereby directed to release the premises described in the legal description attached hereto from the lien of the above-captioned judgment. INTEGRITY BANK Dated: ~ ' c~~ ' ~° ~ d BY~ obert K. Day Executive Vice President 0 ~ 1 i ~~~ L- ~~f OiOl ~d. IUor~ ~'~ot~a-rn V#k 0~315~ Exhibit A Legal Description Lot 18 and being Unit 16, Mechanicsburg Commons, a Planned Community, West Cover Street Mechanicsburg, Pennsylvania All that certain lot or tract of land situate in the Borough of Mechancisburg, Cumberland County, Pennsylvania, known as Lot No. 18 on the Plan of Mechanicsburg Commons, recorded in Plan Book 89, Page 115 and being Unit 16, Mechanicsburg Commons, a Planned Community,. Beginning at a point on the Southern Dedicated Right-of--Way Line of West Coover Street at a common property corner of Lot #18 and Lot #19 of the Final Subdivision Plan for Mechanicsburg Commons; thence from said point of beginning along said Lot #19, South 21 degrees 41 minutes 28 seconds East, a distance of 77.16 feet to a point at a common property corner of Lot #18 and Lot #19 on the common property line of Lot #21; thence along a portion of said Lot #21, South 69 degrees 32 minutes 40 seconds West, a distance of 65.39 feet to a point on the Eastern Right-of--Way Line of an unnamed alley (unopened); thence along said Eastern Right-of--Way Line of an unnamed alley (unopened) the following two (2) courses: 1. North 22 degrees 03 minutes 37 seconds West, a distance of 57.00 feet to a point (iron pin); thence 2. South 66 degrees 40 minutes 47 seconds West, a distance of 32.03 feet to a point on the Eastern Right-of--Way Line of an unnamed gravel alley; thence along said Eastern Right-of--Way Line of an unnamed gravel alley, North 22 degrees 54 minutes 49 seconds West, a distance of 35.03 feet to a point at the intersection of said Eastern Right-of--Way Line of an unnamed alley and the Southern Dedicated Right-of--Way Line of West Coover Street; thence along said Southern Dedicated Right-of--Way Line of West Coover Street, North 77 degrees 10 minutes 26 seconds East, a distance of 99.69 feet to a point, said point being the point of beginning. Being Unit 16 on the Declaration Plat for Mechanicsburg Commons and Lot No. 18 on the Final Subdivision Plan of Mechanicsburg Commons in Plan Book 89, Page 115, containing 6,388.08 square feet or 0.1467 acres. INTEGRITY BANK, Plaintiff v. CUMBERLAND VALLEY DEVELOPMENT, INC., STEVE E. WESTHAFER, AND WESTHAFER CONSTRUCTION, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-02971 Judgment Entered: May 12, 2009 Judgment Amount: $799,261.05 PRAECIPE TO RELEASE LIEN TO THE PROTHONOTARY: You are hereby directed to release the premises described in the legal description attached hereto from the lien of the above-captioned judgment. INTEGRITY BANK Dated: 7 Z "-<a By: Ro rt K. Day Executive Vice President r~."' O __~ r".. .. ,-_-_ _ M , N c.~ ti; ; _ ; ~` ~ j _ ^ _. ~- Q ~.:1- ~ , w >: =`- ~ ~ ~~ a~~., /~'~~L«Y Exhibit A Legal Description ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point located in the centerline of Texaco Road at the northwest corner of land now or formerly of Fred D. Fike, Jr.; thence along the western line of land now or formerly of Fred D. Fike, Jr., South 32 degrees 02 minutes 30 seconds East, a distance of 30.00 feet to the true point of BEGINNING; thence continuing along the same, South 32 degrees 02 minutes 30 seconds East, a distance of 217.80 feet to a point at the southwest corner of land now or formerly of Fike and the northwest comer of Lot 15 Residual Lot as referenced on the hereinafter referenced plan; thence along the western line of Lot 15, South 25 degrees 36 minutes 00 seconds East, a distance of 44.42 feet to a point at the northeast corner of Lot 2; thence along the northern line of Lot 2, South 64 degrees 42 minutes 52 seconds West, a distance of 175.67 feet to a point at the northwest corner of Lot 2 and a point along the eastern right-of-way line of Keener Drive (60-foot right-of-way); thence along Keener Drive by a curve to the left having a radius of 180.00 feet and an arc length of 21.22 feet to a point; thence continuing along the same, North 32 degrees 02 minutes 30 second West, a distance of 176.10 feet to a point; thence continuing along the same by a curve to the right having a radius of 45.00 feet and an arc length of 70.69 feet to a point along Texaco Road; thence along Texaco Road, North 57 degrees 57 minutes 30 seconds East, a distance of 133.18 feet to a point, the place of BEGINNING. BEING Lot 1 on the Final Subdivision Plan -Phase One for John Keener recorded January 5, 2000, in Plan Book 80, Page 52, Cumberland County Recorder of Deeds Office. ?E?6 ; 13 PM 2: I? ?IV?? ?x I ! S.i ll ld l"?Y ?~??r PENS YLVA I File No. 09-2971 Integrity Bank Plaintiff(s) VS. Steve E. Westhafer, Cumberland Valley Development, Inc: Defendant(s) Integrity Bank, Plaintiff, in the above captioned matter, for and in consideration of the sum of $59,965.38 to wit in hand paid by the said Steve E. Westhafer, Cumberland Valley Development, Inc, at the time of execution hereof, the receipt whereof is hereby acknowledged, does for itself, its successors and assigns hereby release from the lien of the judgement entered in the above captioned matter all that certain tract of real estate situate in the Mechanicsburg Borough, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as 406 West Coover Street, Mechanicsburg, PA 17050 as more fblly described in Exhibit `A' attached hereto and made a part hereof by reference, so that the said Steve E. Westhafer, Cumberland Valley Development, Inc, their successors and assigns shall and may hold the same free and clear of and from the lien of the said judgement; provided, however, that nothing herein contained shall invalidate the lien or security of said judgement upon any other property of ft said Steve E. Westhafer, Cumberland Valley DevelopmeK Inc. QLLk 4 4.5c> 0- '- 1,a?a?Y? ??,? 11n11?,? IN WITNESS WHEREOF, Integrity Bank, has caused this release to be executed by its authorized official this 12th day of January, 2012 Integrity Bank BY:L^ T. Wayne Stefanovich, ief Lending Officer STATE OF PENNSYLVANIA: : SS. COUNTY OF M10felAIJ: On this, the I'a day of-1a nv-&r`j , 2012, before me, the undersigned officer, personally appeared T. Wayne Stefanovich, Chief Lending Officer & Integrity Bank and that he as such officer, being authorized to do so, executed the foregoing instrument for the purposed herein oontained by signing the name of the corporation by himself as Chief Lending Officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ry Public C2THONwFALnH of ?wsriVMltA Nowm Sel Qimp q *vftw ca.ityy ftbu MMM 111,2015 tmn aF No Wrte