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HomeMy WebLinkAbout09-7608D AMERICHOICE FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants No: CONFESSION OF JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: Matthew Flinckinger: A judgment in the amount of $179,553.70 with interest from November 3, 2009, on the total sum of ($172,000.00), at the rate of .00020548% per day, which computes to a current per diem of $34.515 has been entered against you and in favor of the Plaintiff 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 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. Page 1 of 26 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: David C agle, Esquire Attorn y Id. No.: 201707 2132 Market Street Camp Hill, PA 17011 Page 2 of 26 AMERICHOICE FEDERAL CREDIT UNION, Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No: CONFESSION OF JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: Daniel P. Kreischer: A judgment in the amount of $179,553.70 with interest from November 3, 2009, on the total sum of ($172,000.00), at the rate of .00020548% per day, which computes to a current per diem of $34.515 has been entered against you and in favor of the Plaintiff 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 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. Page 3 of 26 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: cy„ 2a IZ agle, Esquire Attom PyId. No.: 201707 2132 Market Street Camp Hill, PA 17011 Page 4 of 26 AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. No: L1 9-?G?? emu.! MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, . FLICKINGER GROUP LLC, CONFESSION OF JUDGMENT FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants NOTICE OF DEFENDANT'S RIGHTS TO: Flickinger Group, LLC: A judgment in the amount of $179,553.70 with interest from November 3, 2009, on the total sum of ($172,000.00), at the rate of .00020548% per day, which computes to a current per diem of $34.515 has been entered against you and in favor of the Plaintiff 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 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. Page 5 of 26 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249,3166 BY: "I J'/ z1a David agle, Esquire Actor y Id. No.: 201707 2132 Market Street Camp Hill, PA 17011 Page 6 of 26 AMERICHOICE FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants No: 09?7?O?rc??I CONFESSION OF JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: Flickinger Holdings, LP: A judgment in the amount of $179,553.70 with interest from November 3, 2009, on the total sum of ($172,000.00), at the rate of .00020548% per day, which computes to a current per diem of $34.515 has been entered against you and in favor of the Plaintiff 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 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. Page 7 of 26 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: , David C agle, Esquire Attom y Id. No.: 201707 2132 Market Street Camp Hill, PA 17011 Page 8 of 26 AMERICHOICE FEDERAL CREDIT UNION, Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No: CONFESSION OF JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: Flickinger Custom Builders, Inc: A judgment in the amount of $179,553.70 with interest from November 3, 2009, on the total sum of ($172,000.00), at the rate of .00020548% per day, which computes to a current per diem of $34.515 has been entered against you and in favor of the Plaintiff 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 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. Page 9 of 26 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: 0"14 ? z David C. le, Esquire Attome d. No.: 201707 2132 Market Street Camp Hill, PA 17011 Page 10 of 26 AMERICHOICE FEDERAL CREDIT UNION, Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No: CONFESSION OF JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: DK Architects, Inc.: A judgment in the amount of $179,553.70 with interest from November 3, 2009, on the total sum of ($172,000.00), at the rate of .000201388% per day, which computes to a current per diem of $ 34.515 has been entered against you and in favor of the Plaintiff 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 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. Page 11 of 26 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: David . Dagle, Esquire Attoy ey Id. No.: 201707 2132 Market Street Camp Hill, PA 17011 Page 12 of 26 AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. No: 011--766(?- c-,, qe, t MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, . FLICKINGER GROUP LLC, : CONFESSION OF JUDGMENT FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants NOTICE OF DEFENDANT'S RIGHTS TO: MFDK, LLC: A judgment in the amount of $179,553.70 with interest from November 3, 2009, on the total sum of ($172,000.00), at the rate of .00020548% per day, which computes to a current per diem of $34.515 has been entered against you and in favor of the Plaintiff 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 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. Page 13 of 26 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: Q?z David Cagle, Esquire Attom y Id. No.: 201707 2132 Market Street Camp Hill, PA 17011 Page 14 of 26 David C. Dagle Esquire ID # 201707 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants CIVIL ACTION - LAW No: CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the Confession of Judgment paragraphtwarrant contained in the Promissory Note dated October 17, 2008, the Disclosure for Confession of Judgment dated October 17, 2008, Continuing, Unlimited Guarantees and related Disclosure for Confession of Judgment, and the related Mortgage and Security Agreement dated October 17, 2008 which secures as collateral for the bridge money loan sought by Defendants to refinance existing debt, the originals or copies of which are attached to the Complaint filed in this action. I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendants, Matthew A. Flickinger, Daniel P. Kreischer, Flickinger Group, LLC, Flickinger Holdings, LP, Flickinger Custom Builders, Inc., DK Architects, Inc., MFDK, LLC., as follows relative to the aforementioned Note which was entered into on October 17, 2008: Unpaid Principal through 111312009 $167,974.29 Past Due Interest through 1113/2009 $ 2,692.17 Late Fees $ 109.56 Costs ($27.50 filing fee) ($200 service)$ 227.50 Attornevs' Commission (5%) $ 8,550.18 TOTAL $179,553.70 Page 15 of 26 with interest from November 3, 2009, on the total sum of ($172,000.00), at the rate of .00020548% per day, which computes to a current per diem of $34.515. Respe Ily Su itted, Dated: David go"bagle, Esquire Actor ey Id. No.: 201707 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Page 16 of 26 David C. Dagle, Esquire ID # 201707 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT COMPLAINT CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, AmeriChoice Federal Credit Union, by its attorneys, Dethlefs-Pykosh Law Group, by David C. Dagle, Esquire, files this Complaint in Confession of Judgment for Money and in support thereof avers as follows: Plaintiff, AmeriChoice Federal Credit Union, is a business existing under the laws of the Commonwealth of Pennsylvania, with its principal office located at Page 17 of 26 2175 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Matthew Flickinger, is an adult individual currently residing at 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17032. 3. Defendant, Daniel P. Kreischer, is an adult individual currently residing at 307 Fishing Creek Valley Road, Harrisburg, Dauphin County, Pennsylvania 17112. 4. Defendant, Flickinger Group, LLC, is a Pennsylvania Limited Liability Company with a registered office address of 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17032. 5. Defendant, Flickinger Holdings, Limited Partnership, is a Pennsylvania Limited Partnership with a registered office address of 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17032. 6. Defendant, Flickinger Custom Builders, Inc., is a Pennsylvania Corporation with a registered business address of 3614 Salem Road, Harrisburg, Dauphin County, Pennsylvania 17109. 7. Defendant, DK Architects, Inc. is a Pennsylvania Corporation with a principal place of business at 3071 Fishing Creek Valley Road, Harrisburg, Dauphin County, Pennsylvania 17112. 8. Defendant, MFDK, LLC, is a Pennsylvania Limited Liability Company with a registered business address of 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17032. 9. On or about October 17, 2008, Defendants, Matthew A. Flickinger, Daniel P. Kreischer, Flickinger Group, LLC, Flickinger Holdings, LP, Flickinger Custom Builders, Inc, Dk Architects, Inc, and MFDK, LLC, executed a Promissory Note Page 18 of 26 along with related Disclosures for Confession of Judgment in connection and in inducement for Plaintiff to loan the monies referenced herein to Matthew A. Flickinger, Daniel P. Kreischer, Flickinger Group, LLC, Flickinger Holdings, LP, Flickinger Custom Builders, Inc, Dk Architects, Inc, and MFDK, LLC to obtain a bridge loan to refinance debt. All of the above referenced documents authorized the confession of judgment against the Defendants. A true and correct reproduction of the signed, original documents referenced above are attached hereto, made part of and incorporated by reference as if fully set forth herein. The documents are marked as follows: a. The Promissory Note executed by Flickinger Group, LLC, Flickinger Holdings, LP, Flickinger Custom Builders, Inc., DK Architects, Inc., MFDK, LLC, Matthew A. Flickinger, and Daniel P. Kreischer is marked as Exhibit "A„ b. The Business Loan Agreement executed by Flickinger Group, LLC, Flickinger Holdings, LP, Flickinger Custom Builders, Inc., DK Architects, Inc., MFDK, LLC, Matthew A. Flickinger, and Daniel P. Kreischer is marked as Exhibit "B." c. The Disclosure for Confession of Judgment of Flickinger Custom Builders, Inc. is marked as Exhibit "C" d. The Disclosure for Confession of Judgment of Daniel P. Kreischer is marked as Exhibit "D". e. The Disclosure for Confession of Judgment of Matthew A. Flickinger is marked as Exhibit "E". f. The Disclosure for Confession of Judgment of DK Architects is marked as Page 19 of 26 Exhibit "F" g. The Disclosure for Confession of Judgment of MFDK, LLC is marked as Exhibit "G". h. The Disclosure for Confession of Judgment of Flickinger Group, LLC is marked as Exhibit "H". i. The Disclosure for Confession of Judgment of Flickinger Holdings, LP is marked as Exhibit "I". 10. The originals of the aforementioned documents are available, for inspection and production, upon request to Plaintiff. 11. The Promissory Note authorized the entry of judgment after default. 12. The obligation of Defendants, Matthew A. Flickinger, Daniel P. Kreischer, Flickinger Group, LLC, Flickinger Holdings, LP, Flickinger Custom Builders, Inc, Dk Architects, Inc, and MFDK, LLC, to Plaintiff, AmeriChoice Federal Credit Union, is in default. 13. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 14. An itemization of the amount due under the Note, including interest, attorneys' commission is as follows: Unpaid Principal through 11/312009 $167,974.29 Past Due Interest through 111312009 $ 2,692.17 Late Fees $ 109.56 Costs ($27.50 filing fee) ($200 service)$ 227.50 Attorneys' Commission 15%1 $8.550.18 TOTAL $ 179,553.70 A copy of the most recent account statement is attached hereto, made part hereof and marked as Exhibit "J". Page 20 of 26 WHEREFORE, the Plaintiff, as authorized by the Confession of Judgment warrant contained in the aforementioned documents, demands judgment against the Defendants, Matthew A. Flickinger, Daniel P. Kreischer, Flickinger Group, LLC, Flickinger Holdings, LP, Flickinger Custom Builders, Inc, Dk Architects, Inc, and MFDK, LLC in the total sum of $179,553.70 with interest from November 3, 2009, on the total sum of ($172,00.00), at the rate of .00020548% per day, which computes to a current per diem of $34.515. Respectfully Submitted, Dated: // A 0y Davi ` Dagle, Esquire Att rney Id. No.: 201707 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Page 21 of 26 David C. Dagle, Esquire ID # 201707 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. No: MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, CONFESSION OF JUDGMENT FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants Certificate of Residence pursuant to Pa. R.C.P. 2951(a)(2) I, David C. Dagle, Esquire, hereby certify, based upon research conducted by me and a review of documents provided to me that the addresses of the parties are as follows: Defendant, Matthew A. Flickinger, is an adult individual currently residing at 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17032. 2. Defendant, Daniel P. Kreischer, is an adult individual currently residing at 3071 Fishing Creek Valley Raod, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Defendant, Flickinger Group, LLC, is a Pennsylvania Limited Partnership with a registered office address of 991 Ridge Road, Halifax, Dauphin County, Pennsylvania Page 22 of 26 17032. 4. Defendant, Flickinger Holdings, LP, is a Pennsylvania Limited Partnership with a registered business address of 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17032. 5. Defendant, Flickinger Custom Builders, Inc, is a Pennsylvania Corporation with a registered business address of 3614 Salem Road, Harrisburg, Dauphin County, Pennsylvania 17109. 6. Defendant, DK Architects, Inc, is a Pennsylvania Corporation with a business address of 3071 Fishing Creek Valley Road, Harrisburg, Dauphin County, Pennsylvania 17112. 7. Defendant, MFDK, LLC, is a Pennsylvania Limited Liability Corporation with a registered business address of 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17032. Dated: .11/; lo i David. Dagle, Esquire Attorney Id. No.: 201707 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Page 23 of 26 AMERICHOICE FEDERAL CREDIT UNION, Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No: 01- CONFESSION OF JUDGMENT VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. § 4904, relating to unswom falsification to authorities. Date: ohn Needs AmeriChoice Federal Credit Union Page 25 of 27 AMERICHOICE FEDERAL CREDIT UNION, Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No: 6 cl - j6 6 ?-c , J, 1 4w-,.t CONFESSION OF JUDGMENT Service Instructions for Sheriff of Cumberland County: 8. Defendant, Matthew A. Flickinger, is an adult individual currently residing at 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17112. It is requested that service be made at this address. 9. Defendant, Daniel P. Kreischer, is an adult individual currently residing at 3071 Fishing Creek Valley Road, Harrisburg, Dauphin County, Pennsylvania 17112. It is requested that service be made at this address. 10. Defendant, Flickinger Group, LLC, is a Pennsylvania Limited Partnership with a registered office address of 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17032. It is requested that service be made at this address. 11. Defendant, Flickinger Holdings, LP, is a Pennsylvania Limited Partnership with a registered business address of 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17032. It is requested that service be made at this address. 12. Defendant, Flickinger Custom Builders, Inc, is a Pennsylvania Corporation with a registered business address of 3614 Salem Road, Harrisburg, Dauphin County, Pennsylvania 17109. It is requested that service be made at this address. Page 25 of 26 13. Defendant, DK Architects, Inc, is a Pennsylvania Corporation with a business address of 3071 Fishing Creek Valley Road, Harrisburg, Dauphin County, Pennsylvania 17112. It is requested that service be made at this address. 14. Defendant, MFDK, LLC, is a Pennsylvania Limited Liability Corporation with a registered business address of 991 Ridge Road, Halifax, Dauphin County, Pennsylvania 17032. It is requested that service be made at this address. RespectfVlly Submitted: Dated: // 13 /G 1 l David . Dagle, Esquire Attorney Id. No.: 201707 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: 717-975-9446 Page 26 of 26 PROMISSORY NOTE References in the boxes above 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 text length limitations. Borrower: Flickinger Group, LLC; Flickinger Holdings, LP; Lender: AmeriChoice Federal Credit Union Flickinger Custom Builders, Inc.; DK Architects, 2175 Bumble Bee Hollow Road Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel Mechanicsburg, PA 17055 P. Kreischer 991 Ridge Road Halifax, PA 17032 Principal Amount: $172,000.00 Date of Note: October 17, 2008 PROMISE TO PAY. Flickinger Group, LLC; Flickinger Holdings, LP; Flickinger Custom Builders, Inc.; DK Architects, Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel P. Kreischer ("Borrower") jointly and severally promise to pay to AmeriChoice Federal Credit Union ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Seventy-two Thousand & 00/100 Dollars ($172,000.00), together with interest on the unpaid principal balance from October 17, 2008, until paid in full. PAYMENT. Borrower will pay this loan in accordance with the following payment schedule: 12 monthly consecutive interest payments, beginning November 17, 2008, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum. Borrower's final payment of $173,075.00 will be due on October 17, 2009. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any late charges; then to any accrued unpaid interest; then to principal; and then to any unpaid collection costs. 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. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this 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: AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note, with the final interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in 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 or the death of any partner, 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. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party 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. Events Affecting General Partner of Borrower. Any of the preceding events occurs with respect to any general partner of Borrower or any general partner dies or becomes incompetent. Change In Ownership. The resignation or expulsion of any general partner with an ownership interest of twenty-five percent (25%) or more ExA,? A PROMISSORY NOTE Loan No: 1001-000135 (Continued) Page 2 in Borrower. 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. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. 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 reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has 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 $30.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. STATUTORY LIEN. Borrower agrees that all loan advances under this Note are secured by all shares and deposits in all joint and individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender, to the extent permitted by applicable law, to apply the balance in these accounts to pay any amounts due under this Note when Borrower is in default under this Note. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest Borrower has given in Borrower's shares and deposits. 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. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) 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; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. 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, partner, 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 ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. Loan No: 1001-000135 PROMISSORY NOTE (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH 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: FLICKINGER GROUP, LLC By: - - (Seal) Matthew 'A. F ?ckin er of ?Ickinger Group, LLC FLICKINGER HOLDINGS, LP MFDK, LLC, General Partner of Flickinger Holdings, LP By:" !Seal) Matthew A. Flickinger, er of K, LLC FLICKINGER CUSTOM BUILDERS, INC. By: v- (Seal) Matthew A. Flickinger res t of Flickinger Custom Builders, Inc. DK AR ITECTS, IN By: (Seal) Daniel P. Kreisc er, President of DK Architects, Inc. MFDK, LLC By: s`?1G , ./ { l (Seal) Matthew A. Flickinger tuber MFDK, LLC (Seal) Matthew A. Flickinger, Indivi t By: (Seal) Daniel P. Kreis her, Member of Flickinger Group, LLC r By.Yi'?' -(Seal) Daniel P. Kreischer, Member of MFDK, LLC w ? By (Seal) Daniel P. Kreische , Member of MFDK, LC r:? r X (Seal) Daniel P. Kreischer, Individually LASER PRO Lending. Vs. 5.33.10.001 Cop,. Hnlend Fineneiel SPIV,bn,. 1— 1997. 2009. All Right. Roar PA MACFIILPL1D20.FC " 14 PR-9 JSINESS LOAN AGREEMEN' References in the boxes above 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 text length limitations. Borrower: Flickinger Group, LLC; Flickinger Holdings, LP; Lender: AmeriChoice Federal Credit Union Flickinger Custom Builders, Inc.; DK Architects, 2175 Bumble Bee Hollow Road Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel Mechanicsburg, PA 17055 P. Kreischer 991 Ridge Road Halifax, PA 17032 THIS BUSINESS LOAN AGREEMENT dated October 17, 2008, is made and executed between Flickinger Group, LLC; Flickinger Holdings, LP; Flickinger Custom Builders, Inc.; DK Architects, Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel P. Kreischer ("Borrower") and AmeriChoice Federal Credit Union ("Lender") on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement ("Loan"). Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements as set forth in this Agreement; (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender's sole judgment and discretion; and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement. TERM. This Agreement shall be effective as of October 17, 2008, and shall continue in full force and effect until such time as all of Borrower's Loans in favor of Lender have been paid in full, including principal, interest, costs, expenses, attorneys' fees, and other fees and charges, or until October 17, 2009. CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obligation to make the initial Advance and each subsequent Advance under this Agreement shall be subject to the fulfillment to Lender's satisfaction of all of the conditions set forth in this Agreement and in the Related Documents. Loan Documents. Borrower shall provide to Lender the following documents for the Loan: (1) the Note; (2) Security Agreements granting to Lender security interests in the Collateral; (3) financing statements and all other documents perfecting Lender's Security Interests; (4) evidence of insurance as required below; (5) together with all such Related Documents as Lender may require for the Loan; all in form and substance satisfactory to Lender and Lender's counsel. Payment of Fees and Expenses. Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as specified in this Agreement or any Related Document. Representations and Warranties. The representations and warranties set forth in this Agreement, in the Related Documents, and in any document or certificate delivered to Lender under this Agreement are true and correct. No Event of Default. There shall not exist at the time of any Advance a condition which would constitute an Event of Default under this Agreement or under any Related Document. MULTIPLE BORROWERS. This Agreement has been executed by multiple obligors who are referred to in this Agreement individually, collectively and interchangeably as "Borrower." Unless specifically stated to the contrary, the word "Borrower" as used in this Agreement, including without limitation all representations, warranties and covenants, shall include all Borrowers. Borrower understands and agrees that, with or without notice to any one Borrower, Lender may (A) make one or more additional secured or unsecured loans or otherwise extend additional credit with respect to any other Borrower; (B) with respect to any other Borrower alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (C) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (D) release, substitute, agree not to sue, or deal with any one or more of Borrower's or any other Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) determine how, when and what application of payments and credits shall be made on any indebtedness; (F) apply such security and direct the order or manner of sale of any Collateral, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) sell, transfer, assign or grant participations in all or any part of the Loan; (H) exercise or refrain from exercising any rights against Borrower or others, or otherwise act or refrain from acting; (1) settle or compromise any indebtedness; and (J) subordinate the payment of all or any part of any of Borrower's indebtedness to Lender to the payment of any liabilities which may be due Lender or others. REPRESENTATIONS AND WARRANTIES. Borrower represents and warrants to Lender, as of the date of this Agreement, as of the date of each disbursement of loan proceeds, as of the date of any renewal, extension or modification of any Loan, and at all times any Indebtedness exists: Organization. Flickinger Group, LLC is a limited liability company which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws of the Commonwealth of Pennsylvania. Flickinger Group, LLC is duly authorized to transact business in all other states in which Flickinger Group, LLC is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which Flickinger Group, LLC is doing business. Specifically, Flickinger Group, LLC is, and at all times shall be, duly qualified as a foreign limited liability company in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. Flickinger Group, LLC has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. Flickinger Group, LLC maintains an office at 991 Ridge Road, Halifax, PA 17032. Unless Flickinger Group, LLC has designated otherwise in writing, the principal office is the office at which Flickinger Group, LLC keeps its books and records including its records concerning the Collateral. Flickinger Group, LLC will notify Lender prior to any change in the location of Flickinger Group, LLC's state of organization or any change in Flickinger Group, LLC's name. Flickinger Group, LLC shall do all things necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to Flickinger Group, LLC and Flickinger Group, LLC's business activities. Flickinger Holdings, LP is a limited partnership which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws of the Commonwealth of Pennsylvania. Flickinger Holdings, LP is duly authorized to transact business in all other states in which Flickinger Holdings, LP is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which Flickinger Holdings, LP is doing business. Specifically, Flickinger Holdings, LP is, and at all times shall be, duly qualified as a foreign limited partnership in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. Flickinger Holdings, LP has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. Flickinger Holdings, LP maintains an office at 991 Ridge Road, Halifax, PA 17032. __ BUSINESS LOAN AGREEMENT Loan No: 1001-000135 (Continued) Page 2 Unless Flickinger Holdings, LP has designated otherwise in writing, the principal office is the office at which Flickinger Holdings, LP keeps its books and records including its records concerning the Collateral. Flickinger Holdings, LP will notify Lender prior to any change in the location of Flickinger Holdings, LP's principal office address or any change in Flickinger Holdings, LP's name. Flickinger Holdings, LP shall do all things necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to Flickinger Holdings, LP and Flickinger Holdings, LP's business activities. Flickinger Custom Builders, Inc. is a corporation for profit which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws of the Commonwealth of Pennsylvania. Flickinger Custom Builders, Inc. is duly authorized to transact business in all other states in which Flickinger Custom Builders, Inc. is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which Flickinger Custom Builders, Inc. is doing business. Specifically, Flickinger Custom Builders, Inc. is, and at all times shall be, duly qualified as a foreign corporation in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. Flickinger Custom Builders, Inc. has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. Flickinger Custom Builders, Inc. maintains an office at 991 Ridge Road, Halifax, PA 17032. Unless Flickinger Custom Builders, Inc. has designated otherwise in writing, the principal office is the office at which Flickinger Custom Builders, Inc, keeps its books and records including its records concerning the Collateral. Flickinger Custom Builders, Inc. will notify Lender prior to any change in the location of Flickinger Custom Builders, Inc.'s state of organization or any change in Flickinger Custom Builders, Inc.'s name. Flickinger Custom Builders, Inc. shall do all things necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to Flickinger Custom Builders, Inc. and Flickinger Custom Builders, Inc.'s business activities. DK Architects, Inc. is a corporation for profit which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws of the Commonwealth of Pennsylvania. DK Architects, Inc. is duly authorized to transact business in all other states in which DK Architects, Inc. is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which DK Architects, Inc. is doing business. Specifically, DK Architects, Inc, is, and at all times shall be, duly qualified as a foreign corporation in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. DK Architects, Inc. has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. DK Architects, Inc. maintains an office at 3071 Fishing Creek Valley Road, Harrisburg, PA 17112. Unless DK Architects, Inc. has designated otherwise in writing, the principal office is the office at which DK Architects, Inc. keeps its books and records including its records concerning the Collateral. DK Architects, Inc. will notify Lender prior to any change in the location of DK Architects, Inc.'s state of organization or any change in DK Architects, Inc.'s name. DK Architects, Inc. shall do all things necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to DK Architects, Inc. and DK Architects, Inc.'s business activities. MFDK, LLC is a limited liability company which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws of the Commonwealth of Pennsylvania. MFDK, LLC is duly authorized to transact business in all other states in which MFDK, LLC is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which MFDK, LLC is doing business. Specifically, MFDK, LLC is, and at all times shall be, duly qualified as a foreign limited liability company in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. MFDK, LLC has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. MFDK, LLC maintains an office at 991 Ridge Road, Halifax, PA 17032. Unless MFDK, LLC has designated otherwise in writing, the principal office is the office at which MFDK, LLC keeps its books and records including its records concerning the Collateral. MFDK, LLC will notify Lender prior to any change in the location of MFDK, LLC's state of organization or any change in MFDK, LLC's name. MFDK, LLC shall do all things necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to MFDK, LLC and MFDK, LLC's business activities. Matthew A. Flickinger maintains an office at 991 Ridge Road, Halifax, PA 17032. Unless Matthew A. Flickinger has designated otherwise in writing, the principal office is the office at which Matthew A. Flickinger keeps its books and records including its records concerning the Collateral. Matthew A. Flickinger will notify Lender prior to any change in the location of Matthew A. Flickinger's principal office address or any change in Matthew A. Flickinger's name. Matthew A. Flickinger shall do all things necessary to comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to Matthew A. Flickinger and Matthew A. Flickinger's business activities. Daniel P. Kreischer maintains an office at 3071 Fishing Creek Valley Road, Harrisburg, PA 17112. Unless Daniel P. Kreischer has designated otherwise in writing, the principal office is the office at which Daniel P. Kreischer keeps its books and records including its records concerning the Collateral. Daniel P. Kreischer will notify Lender prior to any change in the location of Daniel P. Kreischer's principal office address or any change in Daniel P. Kreischer's name. Daniel P. Kreischer shall do all things necessary to comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to Daniel P. Kreischer and Daniel P. Kreischer's business activities. Assumed Business Names. Borrower has filed or recorded all documents or filings required by law relating to all assumed business names used by Borrower. Excluding the name of Borrower, the following is a complete list of all assumed business names under which Borrower does business: None. Authorization. Borrower's execution, delivery, and performance of this Agreement and all the Related Documents do not conflict with, result in a violation of, or constitute a default under (1) any provision of (a) Borrower's articles of incorporation or organization, or bylaws, or (b) Borrower's articles or agreements of partnership, or (c) Borrower's articles of organization or membership agreements, or (d) any agreement or other instrument binding upon Borrower or (2) any law, governmental regulation, court decree, or order applicable to Borrower or to Borrower's properties. Financial Information. Each of Borrower's financial statements supplied to Lender truly and completely disclosed Borrower's financial condition as of the date of the statement, and there has been no material adverse change in Borrower's financial condition subsequent to the date of the most recent financial statement supplied to Lender. Borrower has no material contingent obligations except as disclosed in such financial statements. Legal Effect. This Agreement constitutes, and any instrument or agreement Borrower is required to give under this Agreement when delivered will constitute legal, valid, and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms. Properties. Except as contemplated by this Agreement or as previously disclosed in Borrower's financial statements or in writing to Lender BUSINESS LOAN AGREEMENT Loan No: 1001-000135 (Continued) Page 3 and as accepted by Lender, and except for property tax liens for taxes not presently due and payable, Borrower owns and has good title to all of Borrower's properties free and clear of all Security Interests, and has not executed any security documents or financing statements relating to such properties. All of Borrower's properties are titled in Borrower's legal name, and Borrower has not used or filed a financing statement under any other name for at least the last five (5) years. Hazardous Substances. Except as disclosed to and acknowledged by Lender in writing, Borrower represents and warrants that: (1) During the period of Borrower's ownership of the Collateral, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from any of the Collateral. (2) Borrower has no knowledge of, or reason to believe that there has been (a) any breach or violation of any Environmental Laws; (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Collateral by any prior owners or occupants of any of the Collateral; or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters. (3) Neither Borrower nor any tenant, contractor, agent or other authorized user of any of the Collateral shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from any of the Collateral; and any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations, and ordinances, including without limitation all Environmental Laws. Borrower authorizes Lender and its agents to enter upon the Collateral to make such inspections and tests as Lender may deem appropriate to determine compliance of the Collateral with this section of the Agreement. Any inspections or tests made by Lender shall be at Borrower's expense and for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Borrower or to any other person. The representations and warranties contained herein are based on Borrower's due diligence in investigating the Collateral for hazardous waste and Hazardous Substances. Borrower hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Borrower becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Agreement or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the Collateral. The provisions of this section of the Agreement, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the termination, expiration or satisfaction of this Agreement and shall not be affected by Lender's acquisition of any interest in any of the Collateral, whether by foreclosure or otherwise. Litigation and Claims. No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower's financial condition or properties, other than litigation„ claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing. Taxes. To the best of Borrower's knowledge, all of Borrower's tax returns and reports that are or were required to be filed, have been filed, and all taxes, assessments and other governmental charges have been paid in full, except those presently being or to be contested by Borrower in good faith in the ordinary course of business and for which adequate reserves have been provided. Lien Priority. Unless otherwise previously disclosed to Lender in writing, Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral. Binding Effect. This Agreement, the Note, all Security Agreements (if any), and all Related Documents are binding upon the signers thereof, as well as upon their successors, representatives and assigns, and are legally enforceable in accordance with their respective terms. AFFIRMATIVE COVENANTS. Borrower covenants and agrees with Lender that, so long as this Agreement remains in effect, Borrower will: Notices of Claims and Litigation. Promptly inform Lender in writing of (1) all material adverse changes in Borrower's financial condition, and (2) all existing and all threatened litigation, claims, investigations, administrative proceedings or similar actions affecting Borrower or any Guarantor which could materially affect the financial condition of Borrower or the financial condition of any Guarantor. Financial Records. Maintain its books and records in accordance with GAAP, applied on a consistent basis, and permit Lender to examine and audit Borrower's books and records at all reasonable times. Financial Statements. Furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year, Borrower's balance sheet and income statement for the year ended, prepared by Borrower. Tax Returns. As soon as available, but in no event later than one-hundred-twenty (120) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by a tax professional satisfactory to Lender. All financial reports required to be provided under this Agreement shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Borrower as being true and correct. Additional Information. Furnish such additional information and statements, as Lender may request from time to time. Financial Covenants and Ratios. Comply with the following covenants and ratios: Other Requirements. Flickinger Group, LLC, Flickinger Custom Builders, Inc., Flickinger Holdings, LP, and Matthew A. Flickinger must maintain their respective primary deposit relationship with Lender for the duration of the Loan. Borrower must establish a loan payment reserve account with Lender in the amount of $19,675.00 at time of settlement. The loan payment reserve account will be used strictly for payment of loans granted to Borrower by Lender. Loan payments made from the loan payment reserve account will be at the discretion of Lender. Except as provided above, all computations made to determine compliance with the requirements contained in this paragraph shall be made in accordance with generally accepted accounting principles, applied on a consistent basis, and certified by Borrower as being true and correct. Insurance. Maintain fire and other risk insurance, public liability insurance, and such other insurance as Lender may require with respect to Borrower's properties and operations, in form, amounts, coverages and with insurance companies acceptable to Lender. Borrower, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least fifteen (15) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Borrower or any other person. In connection with all policies covering assets in which Lender holds or is offered a security interest for the Loans, Borrower will provide Lender with such lender's loss payable or other endorsements as Lender may require. BUSINESS LOAN AGREEMENT _ Loan No: 1001-000135 (Continued) Page 4 Insurance Reports. Furnish to Lender, upon request of Lender, reports on each existing insurance policy showing such information as Lender may reasonably request, including without limitation the following: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the properties insured; (5) the then current property values on the basis of which insurance has been obtained, and the manner of determining those values; and (6) the expiration date of the policy. In addition, upon request of Lender (however not more often than annually), Borrower will have an independent appraiser satisfactory to Lender determine, as applicable, the actual cash value or replacement cost of any Collateral. The cost of such appraisal shall be paid by Borrower. Other Agreements. Comply with all terms and conditions of all other agreements, whether now or hereafter existing, between Borrower and any other party and notify Lender immediately in writing of any default in connection with any other such agreements. Loan Proceeds. Use all Loan proceeds solely for Borrower's business operations, unless specifically consented to the contrary by Lender in writing. Taxes, Charges and Liens. Pay and discharge when due all of its indebtedness and obligations, including without limitation all assessments, taxes, governmental charges, levies and liens, of every kind and nature, imposed upon Borrower or its properties, income, or profits, prior to the date on which penalties would attach, and all lawful claims that, if unpaid, might become a lien or charge upon any of Borrower's properties, income, or profits. Performance. Perform and comply, in a timely manner, with all terms, conditions, and provisions set forth in this Agreement, in the Related Documents, and in all other instruments and agreements between Borrower and Lender. Borrower shall notify Lender immediately in writing of any default in connection with any agreement. Operations. Maintain executive and management personnel with substantially the same qualifications and experience as the present executive and management personnel; provide written notice to Lender of any change in executive and management personnel; conduct its business affairs in a reasonable and prudent manner. Environmental Studies. Promptly conduct and complete, at Borrower's expense, all such investigations, studies, samplings and testings as may be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility owned, leased or used by Borrower. Compliance with Governmental Requirements. Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the conduct of Borrower's properties, businesses and operations, and to the use or occupancy of the Collateral, including without limitation, the Americans With Disabilities Act. Borrower may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Borrower has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Collateral are not jeopardized. Lender may require Borrower to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Inspection. Permit employees or agents of Lender at any reasonable time to inspect any and all Collateral for the Loan or Loans and Borrower's other properties and to examine or audit Borrower's books, accounts, and records and to make copies and memoranda of Borrower's books, accounts, and records. If Borrower now or at any time hereafter maintains any records (including without limitation computer generated records and computer software programs for the generation of such records) in the possession of a third party, Borrower, upon request of Lender, shall notify such party to permit Lender free access to such records at all reasonable times and to provide Lender with copies of any records it may request, all at Borrower's expense. Environmental Compliance and Reports. Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on Borrower's part or on the part of any third party, on property owned and/or occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower's part in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources. Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence and secure the Loans and to perfect all Security Interests. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Borrower. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (A) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (B) Borrower or any Guarantor dies, becomes incompetent or becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (C) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (D) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender. STATUTORY LIEN. Borrower agrees that all loan advances under this Agreement are secured by all shares and deposits in all joint and individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender, to the extent permitted by applicable law, to apply the balance in these accounts to pay any amounts due under this Agreement when Borrower is in default under this Agreement. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest Borrower has given in Borrower's shares and deposits. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Loan. BUSINESS LOAN AGREEMENT Loan No: 1001-000135 (Continued) Page 5 Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in 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 or any Grantor's property or Borrower's or any Grantor's ability to repay the Loans or perform their respective obligations under this Agreement 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 Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business or the death of any partner, 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. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. 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. 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. 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. Events Affecting General Partner of Borrower. Any of the preceding events occurs with respect to any general partner of Borrower or any general partner dies or becomes incompetent. Change in Ownership. The resignation or expulsion of any general partner with an ownership interest of twenty-five percent (25%) or more in Borrower. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Loan is impaired. EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately will become due and payable, all without notice of any kind to Borrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement 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. Borrower agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement, and Borrower shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Consent to Loan Participation. Borrower agrees and consents to Lender's sale or transfer, whether now or later, of one or more participation interests in the Loan to one or more purchasers, whether related or unrelated to Lender. Lender may provide, without any limitation whatsoever, to any one or more purchasers, or potential purchasers, any information or knowledge Lender may have about Borrower or about any other matter relating to the Loan, and Borrower hereby waives any rights to privacy Borrower may have with respect to such matters. Borrower additionally waives any and all notices of sale of participation interests, as well as all notices of any repurchase of such participation interests. Borrower also agrees that the purchasers of any such participation interests will be considered as the absolute owners of such interests in the Loan and will have all the rights granted under the participation agreement or agreements governing the sale of such participation interests. Borrower further waives all rights of offset or counterclaim that it may have now or later against Lender or against any purchaser of such a participation interest and unconditionally agrees that either Lender or such purchaser may enforce Borrower's obligation under the Loan irrespective of the failure or insolvency of any holder of any interest in the Loan. Borrower further agrees that the purchaser of any such participation interests may enforce its interests irrespective of any personal claims or defenses that Borrower may have against Lender. Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland _ BUSINESS LOAN AGREEMENT Loan No: 1001-000135 (Continued) Page 6 County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Borrower under this Agreement shall be joint and several, and all references to Borrower shall mean each and every Borrower. This means that each Borrower signing below is responsible for all obligations in this Agreement. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Agreement. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement 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 Agreement 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 Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and any Grantor, shall constitute a waiver of any of Lender's rights or of any of Borrower's or any Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, 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. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Agreement shall be given in writing, and 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 Agreement. Any party may change its address for notices under this Agreement 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, Borrower agrees to keep Lender informed at all times of Borrower's current address. Unless otherwise provided by applicable law, if there is more than one Borrower, any notice given by Lender to any Borrower is deemed to be notice given to all Borrowers. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Successors and Assigns. All covenants and agreements by or on behalf of Borrower contained in this Agreement or any Related Documents shall bind Borrower's successors and assigns and shall inure to the benefit of Lender and its successors and assigns. Borrower shall not, however, have the right to assign Borrower's rights under this Agreement or any interest therein, without the prior written consent of Lender. Survival of Representations and Warranties. Borrower understands and agrees that in making the Loan, Lender is relying on all representations, warranties, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any investigation made by Lender, all such representations, warranties and covenants will survive the making of the Loan and delivery to Lender of the Related Documents, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full, or until this Agreement shall be terminated in the manner provided above, whichever is the last to occur. Time is of the Essence. Time is of the essence in the performance of this Agreement. Waive Jury. All parties to this Agreement hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. 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 Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code. Accounting words and terms not otherwise defined in this Agreement shall have the meanings assigned to them in accordance with generally accepted accounting principles as in effect on the date of this Agreement: Advance. The word "Advance" means a disbursement of Loan funds made, or to be made, to Borrower or on Borrower's behalf on a line of credit or multiple advance basis under the terms and conditions of this Agreement. Agreement. The word "Agreement" means this Business Loan Agreement, as this Business Loan Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Business Loan Agreement from time to time. Borrower. The word "Borrower" means Flickinger Group, LLC; Flickinger Holdings, LP; Flickinger Custom Builders, Inc.; DK Architects, Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel P. Kreischer and includes all co-signers and co-makers signing the Note and all their successors and assigns. Collateral. The word "Collateral" means all property and assets granted as collateral security for a Loan, whether real or personal property, whether granted directly or indirectly, whether granted now or in the future, and whether granted in the form of a security interest, mortgage, collateral mortgage, deed of trust, assignment, pledge, crop pledge, chattel mortgage, collateral chattel mortgage, chattel trust, factor's lien, equipment trust, conditional sale, trust receipt, lien, charge, lien or title retention contract, lease or consignment intended as a security device, or any other security or lien interest whatsoever, whether created by law, contract, or otherwise. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Agreement in the default section of this Agreement. GAAP. The word "GAAP" means generally accepted accounting principles. Grantor. The word "Grantor" means each and all of the persons or entities granting a Security Interest in any Collateral for the Loan, BUSINESS LOAN AGREEMENT Loan No: 1001-000135 (Continued) Page 7 including without limitation all Borrowers granting such a Security Interest. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Loan. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which Borrower is responsible under this Agreement or under any of the Related Documents. Lender. The word "Lender" means AmeriChoice Federal Credit Union, its successors and assigns. Loan. The word "Loan" means any and all loans and financial accommodations from Lender to Borrower whether now or hereafter existing, and however evidenced, including without limitation those loans and financial accommodations described herein or described on any exhibit or schedule attached to this Agreement from time to time. Note. The word "Note" means the Note executed by Flickinger Group, LLC; Flickinger Holdings, LP; Flickinger Custom Builders, Inc.; DK Architects, Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel P. Kreischer in the principal amount of $172,000.00 dated October 17, 2008, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or credit agreement. 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 Loan. Security Agreement. The words "Security Agreement" mean and include without limitation any agreements, promises, covenants, arrangements, understandings or other agreements, whether created by law, contract, or otherwise, evidencing, governing, representing, or creating a Security Interest. Security Interest. The words "Security Interest" mean, without limitation, any and all types of collateral security, present and future, whether in the form of a lien, charge, encumbrance, mortgage, deed of trust, security deed, assignment, pledge, crop pledge, chattel mortgage, collateral chattel mortgage, chattel trust, factor's lien, equipment trust, conditional sale, trust receipt, lien or title retention contract, lease or consignment intended as a security device, or any other security or lien interest whatsoever whether created by law, contract, or otherwise. Loan No: 1001-000135 BUSINESS LOAN AGREEMENT (Continued) Page 8 BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS BUSINESS LOAN AGREEMENT AND BORROWER AGREES TO ITS TERMS. THIS BUSINESS LOAN AGREEMENT IS DATED OCTOBER 17, 2008. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: FLICKINGER GROUP, LLC By: (Seal) M tthew A. Flickinger, M o lickinger Group, LLC FLICKINGER HOLDINGS, LP MFDK, LLC, General Partner of Flickinger Holdings, LP 17 By: " (Seal) tthew A. Flickinger, e r of MF K, LLC FLICKINGER CUSTOM BUILDERS, INC. By: ` (Seal) Matthew A. Flickinger, P of Flickinger Custom Builders, Inc. DK ARCHITECTS, INC. i By: (Seal) Daniel P. Kreisch r, President of DK Architects, Inc. MFDK, LLC By: (Seal) Ma ew A. Flickinger, Me of , LLC X_a'.l t // - - (Seal) Matthew A. Flickinger, Indivi I LENDER: AMERICHOICE FEDERAL CREDIT UNION By: (Seal) s J. Zulli, Vice Pres' - 1 / By: (Seal) Daniel P. Kreisc er, Member of Flickinger Group, LLC By: 0 t ?41 f-- ISeal) Daniel P. Kreisc r, ember of MFDK, LLC B, Seal) Seal) --- L-119, va. 5--10.001 Cop,. H11.d PF-W 5o1-- Inc. 1997, 3001. A9 RIO 1, Rs,s , - PA M:ICPRLPM 10. PC TR-14 PR-6 DISCLO ( RE FOR CONFESSION OF A- WENT .................................. :.:................................._:::::.:................... . ....................... References in the boxes above 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 text length limitations. Borrower: Flickinger Group, LLC; Flickinger Holdings, LP; Lender: AmeriChoice Federal Credit Union Flickinger Custom Builders, Inc.; DK Architects, 2175 Bumble Bee Hollow Road Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel Mechanicsburg, PA 17055 P. Kreischer 991 Ridge Road Halifax, PA 17032 Declarant: Flickinger Custom Builders, Inc. 991 Ridge Road Halifax, PA 17032 I DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS DAY OF 20Zjq, A PROMISSORY NOTE FOR $172,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. 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. INITIALS: 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 D BY APPL ANY MANWW ICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: 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. r_vb,kI DISC'k ,URE FOR CONFESSION OF JUC IENT Loan No: 1001-000135 (Continued) Page 2 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: FLICKINGER CUSTOM BUILDERS, INC. BY: L ' ' ? (Seal) Matthew A. Flickinger, Pr f Flickinger Custom Builders, Inc. I LASER MG Lending, Va. 5.]6.10.001 Coq. Hrlmd FFwclal S,wtro , Inc. 1991, 2009. All Riphu A-ed. - PA MACFl%PLID30.FC T11,4 PR-6 DISCLO. RE FOR CONFESSION OF Jl ,3MENT References in the boxes above 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 text length limitations. Borrower: Flickinger Group, LLC; Flickinger Holdings, LP; Flickinger Custom Builders, Inc.; DK Architects, Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel P. Kreischer 991 Ridge Road Halifax, PA 17032 Lender: AmeriChoice Federal Credit Union 2175 Bumble Bee Hollow Road Mechanicsburg, PA 17055 Declarant: Daniel P. Kreischer 3071 Fishing Creek Valley Road Harrisburg, PA 17112 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS /7 DAY OF 200e, A PROMISSORY NOTE FOR $172,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT SION AS PROV IDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. AGAINST VW INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME 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 MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH 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. Ir! Y A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. 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: X (Seal) Dani . Kreische I LASER PRO Lwdinp, V- 5.09.10.001 COPE. Hr111d Fi lliM S11-1 ,, Inc. 1997, 20011 . A9 Right, Re,r- - PA MACMLPL1D00. FC TR 14 PR.9 DISCLO-'RE FOR CONFESSION OF J: GMENT References in the boxes above 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 text length limitations. Borrower: Flickinger Group, LLC; Flickinger Holdings, LP; Lender: AmeriChoice Federal Credit Union Flickinger Custom Builders, Inc.; DK Architects, 2175 Bumble Bee Hollow Road Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel Mechanicsburg, PA 17055 P. Kreischer 991 Ridge Road Halifax, PA 17032 Declarant: Matthew A. Flickinger 991 Ridge Road Halifax, PA 17032 I DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS _ ) 7' - DAY OF (,e l?? 20? J , A PROMISSORY NOTE FOR $172,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY SION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: .< 3'.. ;.` :.;::;::: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME 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 MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: :''':':._.? ,. C. AFTER HAVING READ AND DETERMINED WHICH 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. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ?Y? ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. 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: X (Seal) Matthew A. Flickinger LASER PRO L-inS, V- 5.95.10.001 COP. H-d Fi ,iM Solution,, Inc. 1997, 3005. All Riy11. Rewvad. PA MACFALPL\O90.FC TR-14 PR-5 DISCLO,--RE FOR CONFESSION OF A-GMENT References in the boxes above 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 text length limitations. Borrower: Flickinger Group, LLC; Flickinger Holdings, LP; Flickinger Custom Builders, Inc.; DK Architects, Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel P. Kreischer 991 Ridge Road Halifax, PA 17032 Lender: AmeriChoice Federal Credit Union 2175 Bumble Bee Hollow Road Mechanicsburg, PA 17055 Declarant: DK Architects, Inc. 3071 Fishing Creek Valley Road Harrisburg, PA 17112 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS DAY OF 0(f-J 200((? A PROMISSORY NOTE FOR $172,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. 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. INITIALS: 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. INITIALS: 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. OA 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: DK A TECTS, INC. By: ' , (Seal) Danie . Kreisch r, President of DK Architects, Inc. "CXA d I d r DISCLO: ___ RE FOR CONFESSION OF A 3MENT Borrower: Flickinger Group, LLC; Flickinger Holdings, LP; Flickinger Custom Builders, Inc.; DK Architects, Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel P. Kreischer 991 Ridge Road Halifax, PA 17032 Declarant: MFDK, LLC 991 Ridge Road Halifax, PA 17032 Lender: AmeriChoice Federal Credit Union 2175 Bumble Bee Hollow Road Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS ' / DAY OF PROMISSORY NOTE FOR $172,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. 20/hF 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 AGAIN . T DECLAR BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: ::.... ' .::,' 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. INITIALS: '<J C. AFTER HAVING REA-66 D DETERMINED WHICH OF THE FOLL STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: OWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. W a A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO ?ECLARANT'S ATTENTION. Ref erences in the boxes above 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 text length limitations. DISCL ;URE FOR CONFESSION OF JUD .TENT Loan No: 1001-000135 (Continued) Page 2 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: MFDK, LLC BYE eal) M A. Flickinger, Member of L // 1 BY O t (Seal) Dar-%I P. Kreisclidr, Member of MFDK, LLC LASER PRO Lending. V- 5.38.10.001 Cop,. HMlend FlneneW Soludone. Ine. 1997, 2005. M1 Right, 11-od. - PA M:%CFI\LPL%DW.K TR-14 PR 6 DISCLO? -RE FOR CONFESSION OF JV- GMENT .......................... ......:::.....::::::::.:::::::::::.-::::::::::..;:;;>.*r., :. References in the boxes above 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 text length limitations. Borrower: Flickinger Group, LLC; Flickinger Holdings, LP; Flickinger Custom Builders, Inc.; DK Architects, Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel P. Kreischer 991 Ridge Road Halifax, PA 17032 Lender: AmeriChoice Federal Credit Union 2175 Bumble Bee Hollow Road Mechanicsburg, PA 17055 Declarant: Flickinger Group, LLC 991 Ridge Road Halifax, PA 17032 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS / DAY OF 660 2069 A PROMISSORY NOTE FOR $172,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. 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 AI T DE/C?L?A?RA T BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: ; " 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 MANMW D BY A PLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING alik-D 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. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO CLARANT'S ATTENTION. Ex k L d " DISCI ;URE FOR CONFESSION OF JUD--TENT Loan No: 1001-000135 (Continued) Page 2 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: FLICKINGER GROUP, LLC By'L. (Seal) Matthew A. Flick' ger, bar ickinger Group, LLC By' (Seal) Daniel P. Kra c er, Member of Flickinger Group, LLC LASER PRO L-g, Vs. 5.31.1o.001 Coq. -- Fl -In SolullonF, Ina. 1997, 2m. A5 R19h16 R-W. . PA M:%CFI%LPL%D30.FC TR-14 MG DISCLO: ;IE FOR CONFESSION OF Jl ;MENT References in the boxes above 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 text lenqth limitations. Borrower: Flickinger Group, LLC; Flickinger Holdings, LP; Lender: AmeriChoice Federal Credit Union Flickinger Custom Builders, Inc.; DK Architects, 2175 Bumble Bee Hollow Road Inc.; MFDK, LLC; Matthew A. Flickinger; and Daniel Mechanicsburg, PA 17055 P. Kreischer 991 Ridge Road Halifax, PA 17032 Declarant: Flickinger Holdings, LP 991 Ridge Road Halifax, PA 17032 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS Z `7_ DAY OF 20 A PROMISSORY NOTE FOR $172,000.00 OBLIGATING DECLARANT TO REPAY7THATT AMOUNT. 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 AG N DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: 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 PER ITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: 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. Exkk; I DISCI- WRE FOR CONFESSION OF JUG-IENT Loan No: 1001-000135 (Continued) Page 2 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: FLICKINGER HOLDINGS, LP MFDK, LLC, General Partner of Flickinger Holdings, LP By: (Seal) Ma Flic in m r o F ,LLC i By: G) (Seal) Dam-el P. KrAs-c er, Member of FDK, LLC LASER PRO Lmd'n9, Vs. 5.38.10.001 Cop,. Nnbnd FI-W Solutbn?, Ina. 1997, 3009. All R'pht. Rowed. PA MACFRLPU030.FC TR-14 PR-9 From:AMERICHOICE FED, CREDIT UNION 717 697 3713 11/03/2009 15:58 #633 P.002/002 MS2003S AMERICHOICE FEDERAL CREDIT UNION 11103109 DALLAS ACCOUNT INQUIRY (Loan Information) 14:47:15 Acct/Suffix. 37729 / 53 Name.......... FLICKINGER GROUP LLC Group....... R Type.... BL Description... BUSINESS LOAN BUSINESS LOAN Balance, Terms, & Payoff Loan Amount.. 172,000.00 Balance....... 167,974.29 Cred Limit.... .00 Payment Amt... 170,708.29 Partial Pmt... .00 Interest Rate....... 7.500 Memo Interest. 1,684.16 Term 12 To Balloon 1 Payoff Date....... 11103109 Payoff Amnt... 171,310.66 Interest Due.. 3,306.37 Daily Interest.... 34.515 Late Chg Due.. 30.00 Late Charge Information Applied?.... Y Method?.. F Fixed Amount..... 15.00 Paid This Yr.. .00 Dates Opened...... 10/17/08 First Due... 11117108 Next Due.... 8117109 Last Tran... 9117109 Balloon..... 10117109 Closed...... 0/00/00 Last Update. 1105109 To be Paid.. 11117109 Last Int Clc 9117109 Escrow Amount.. .00 Account Suffix.... 00 Dlq Day 30 60 90 120+ Times.. 01 01 00 00 Delinquent 78 days Dlq amnt... 171280.66 Codes and Status Payment Freq/Method. 1 C Note Number....... 00135 Secure/Purpose.... RE BO Loan Officer......... D Chg off/CB Status. Score/Grade... TU/EQ/EX.... Fixed/Variable........ F Int Rebate / 1098... N N Open or Closed End.... C Delq Notices/Comaker 0 N Insurable/Source... N 00 Disb/Cr Life.... Year-to-Date Interest Current.... 7,888.44 Previous... 2,149.87 Fe=Collections F9=C622at F21=DspSgl F22=UDF F11=Payoff F12=Prey CC T t: 11APY 29'11 r1--fV -4 pill {' 05 CL?i ! f k-4' -2 ?-3?i 0' - X 7 7 ?llJ7 : c ? ? ,mac. f l ? ?-C David C. Dagle, Esquire ID # 201707 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AMERICHOICE FEDERAL CREDIT UNION, PENNSYLVANIA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants No: 0 9- 7 6 6 ?- c t-, 1 CONFESSION OF JUDGMENT TO: Matthew Flickinger 991 Ridge Road Halifax, PA 17032 You are hereby notified that on November 4, 2009, the following Judgment has been entered against you in the above-captioned case. Default Judgment in the amount of $179,553.70 with interest plus the costs of suit. DATE: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Matthew Flickinger, 991 Ridge Road Halifax PA 17032 Dethlefs-Pykosh Law Group Date: By: David C. Dagle, Esquire David C. Dagle, Esquire ID #201707 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AMERICHOICE FEDERAL CREDIT UNION, PENNSYLVANIA Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW No: 6 9 -14O j I CONFESSION OF JUDGMENT TO: Flickinger Group, LLC 991 Ridge Road Halifax, PA 17032 You are hereby notified that on November 4, 2009, the following Judgment has been entered against you in the above-captioned case. Default Judgment in the amount of $179,553.70 with interest plus the costs of suit. DATE: ?2 nr ? r thonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Flickinger Groua LLC 991 Ridge Road Halifax PA 17032 Date: Dethlefs-Pykosh Law Group By: David C. Dagle, Esquire David C. Dagle, Esquire ID # 201707 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AMERICHOICE FEDERAL CREDIT UNION, PENNSYLVANIA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW V. No: Q ? _ 7? Dg' ? ? , l MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, CONFESSION OF JUDGMENT FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants TO: Flickinger Holdings, LP 991 Ridge Road Halifax, PA 17032 You are hereby noted that on November 4, 2009, the following Judgment has been entered against you in the above-captioned case. Default Judgment in the amount of $179,553.70 with interest plus the costs of suit. DATE: '&v c*dre-c- y 9 Pr6thonotary 4:?771 I hereby certify that the name and address of the proper person(s) to receive this notice is: Flickinger Holdings, LP, 991 Ridge Road Halifax PA 17032 Dethlefs-Pykosh Law Group Date: By: David C. Dagle, Esquire David C. Dagle, Esquire ID #201707 Dethlets-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AMERICHOICE FEDERAL CREDIT UNION, PENNSYLVANIA Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW NO: V-766?-ew. 1 CONFESSION OF JUDGMENT TO: Flickinger Custom Builders, Inc 991 Ridge Road Halifax, PA 17032 You are hereby noted that on November 4, 2009, the following Judgment has been entered against you in the above-captioned case. Default Judgment in the amount of $179,553.70 with interest plus the costs of suit. DATE: y thonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Flickinger Custom Builders. Inc. 991 Ridge Road Halifax. PA, 17032 Dethlefs-Pykosh Law Group Date: By: David C. Dagle, squire E David C. Dagle, Esquire ID # 201707 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AMERICHOICE FEDERAL CREDIT UNION, PENNSYLVANIA Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW No: -7 6 6 c ,1- 14 CONFESSION OF JUDGMENT TO: Daniel P. Kreischer 3071 Fishing Creek Valley Road Harrisburg, PA 17112 You are hereby notified that on November 4, 2009, the following Judgment has been entered against you in the above-captioned case. Default Judgment in the amount of $179,553.70 with interest plus the costs of suit. DATE: a-66 9 ` %0-t honotary I hereby certify that the person(s) to receive this Harrisburg, PA 17112 name and address of the proper notice is: Daniel P. Kreischer, 3071 Fishing Creek Valley Road Dethlefs-Pykosh Law Group Date: By: David C. Dagle, Esquire David C. Dagle, Esquire ID # 201707 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AMERICHOICE FEDERAL CREDIT UNION, PENNSYLVANIA Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW No: Q q 7G0 u` / ?ef5u CONFESSION OF JUDGMENT TO: DK Architects 3071 Fishing Creek Valley Road Harrisburg, PA 17112 You are hereby noted that on November 4, 2009, the following Judgment has been entered against you in the above-captioned case. Default Judgment in the amount of $179,553.70 with interest plus the costs of suit. DATE: ,'Aggro' ? Y, othonotary C/- fZ(7--? I hereby certify that the person(s) to receive this Harrisburg, PA 17112 name and address of the proper notice is: DK Architects, 3071 Fishing Creek Valley Road, Dethlefs-Pykosh Law Group Date: By: David C. Dagle, Esquire David C. Dagle, Esquire ID #201707 Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AMERICHOICE FEDERAL CREDIT UNION, PENNSYLVANIA Plaintiff V. MATTHEW A. FLICKINGER, DANIEL P. KREISCHER, FLICKINGER GROUP LLC, FLICKINGER HOLDINGS, LP, FLICKINGER CUSTOM BUILDERS INCORPORATED, DK ARCHITECTS INCORPORATED, MFDK, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW No: 09_ 7?6?c?=1 7c?i+w CONFESSION OF JUDGMENT TO: MFDK, LLC 991 Ridge Road Halifax, PA 17032 You are hereby notified that on November 4, 2009, the following Judgment has been entered against you in the above-captioned case. Default Judgment in the amount of $179,553.70 with interest plus the costs of suit. DATE: ??w?L _ coq Is/ JD ?4 othonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: MFDK. LLC, 991 Ridge Road, Halifax PA 17032 Dethlefs-Pykosh Law Group Date: By: David C. Dagle, Esquire